the two houses of the English Parliament the House of Lords THE HOUSE OF LORDS the House of Commons THE HOUSE OF COMMONS THE WARS IN ENGLAND, Scotland and Ireland. OR An Impartial Account of all the Battles, Sieges, and other Remarkable Transactions, Revolutions and Accidents, which have heppened from the beginning of the Reign of King CHARLESI. in 1625, to His Majesty's happy Restauration, 1660. Illustrated with Pictures of some Considerable matters curiously Engraven on Copper Plates. LONDON, Printed for Nath. Crouch and John How, at the Seven Stars in Sweetings Alley near the Royal Exchange in Cornhill. 1681. TO THE READER. THis small Volume is intended for the use of those who cannot go to the price of a greater, and yet would willingly be informed of those wonderful Transactions and Revolutions which have happened in these Three Kingdoms of England, Scotland, and Ireland, in this last Age, and within the memory of many now living: And though it cannot be expected that a large Account of every particular Accident can be comprehended in this little Compendium, yet I have endeavoured, without the least passion or partiality, briefly to comprise the most considerable Matters. Now as the Things here inserted are more remarkable, both for their Variety and Quality, than it may be ever happened at any time heretofore in so short a space; so the serious perusal and consideration thereof may be very useful and necessary for quieting the present Discontents and deplorable Distractions that are now amongst us; since these were the Forerunners of those miserable Wars, Ruins, and Desolations which are herein related; wherein all Bonds of Religion, Alliance and Friendship, were utterly destroyed: Wherein Fathers and Children, Kindred and Acquaintance, became unnatural Enemies to each other; so that with some little Variation we may apply what Lucan writes of the Civil Wars of Rome to England in those times, Wars more than Civil on the British Plains Then happened; and England Distzins In her own Bowels her Victorious Swords; Where Kindred Hosts Encounter, all Accords Of Empire broke; where armed to Impious War, The strength of all the shaken Land from far Is met; known Ensigns, Ensigns do defy, Fathers by Sons, and Sons by Fathers die. What fury Countrymen, what madness could Move you to feast your Foes with English Blood, And choose such Wars as could no Triumphs yield Whilst yet proud Babylon unconquered held. Alas what seas, what lands might you have ta'en, With that blood's loss, which your own hands have drawn. Let us all therefore who pretend to the name of Christians, study to be quiet, and follow Peace with all men; which is the most Effectual means to prevent those Confusions and Miseries which we have lately suffered, and under the effects whereof we still groan: and that this short Narrative may be useful to this purpose, is the earnest and hearty desire of Your Countryman and Wellwisher RICHARD BURTON. THE WARS IN England, Scotland, and Ireland, etc. BEfore we proceed to give an Account of those Unnatural Wars, Ruins, and Devastations, which have happened in these Kingdoms in this Last Age, it may seem necessary, by way of Introduction, to give a Relation of several previous Transactions before these Woeful Calamities befell us. Upon the 27th. day of March, in the year 1625, King James departed this life at Theobalds' in the Fifty ninth year of his Age, when he had reigned Twenty two years complete: And in the Afternoon of the same day Charles Prince of Wales, his only Son then living, was proclaimed King of Great Britain, France and Ireland. The first thing he did, was performing the Ceremonies of his Father's Funeral, in which the King himself in Person followed as chief Mourner immediately after the Hearse; having his Train of black Velvetborn up by the Twelve Peers of the Realm; at his right hand the Earl of Arundel, and at his left the Earl of Pembroke. He then proceeded to his Coronation, and after that he consummated the Marriage with Henrietta Maria, younger Daughter of the Great Henry the Fourth, King of France, whom he had formerly seen in his Journey through that Country into Spain; his first Compliment to her, when he went to meet her at Dover, was, That he desired to be no longer Master of himself, than he was Servant to her, which indeed he made good: for on the day before his deplorable death, he desired his Daughter, the Lady Elizabeth, to assure her Mother, if ever he saw her again, That his Thoughts had never strayed from her, and that his Affections should be the same to the last. The King then called a Parliament, which Assembled the Eighteenth of June follwoing, to whom he represented in a short Speech, The urgent necessity of raising a Subsidy, since it would not agree with his Kingly honour to shrink from the War with Spain, which his Father upon solid Considerations had by consent of both Houses undertaken; although prevented by death from putting it in Execution: That Money, the sinews of War must be levied, without which neither Army nor Fleet could move; former Contributions being already disbursed to a penny: That he should seem ridiculous to all Europe, if he did not now at length proceed to Action: That it was his first Enterprise, the success whereof would have influence upon his following Reign: That it concerned their own Reputations herein to Assist him effectually, lest the world should judge them to have betrayed their King: That Celerity was necessary because of Winter then approaching, a season prejudicial to Martial Attempts: the Pestilence at that time Reigning in the City, which in all probability might cause a sudden Dissolution of their Meeting: All which Arguments, if duly considered, did evidently demonstrate, That it was most Honourable, Opportune and safe, to use Expedition in the business. As for Religion and Manner of Government, he was resolved to tread in his Father's steps, hoping that his former life had ministered, no just grounds for them to suspect the contrary. The Parliament acknowledged these Arguments for a Subsidy to be very rational, but yet would not suddenly resolve upon it, till they had first presented their two Petitions, concerning Beasons of Religion and Complaint of their Sufferings, which points had been offered to his Father King James, in the close of his last Parliament, and by his death were left hitherto unanswered. In both which they received competent satisfaction, and likewise an account of the Arrears which were due to the Forces both by Sea and Land, together with an Estimate of the future Charge and Expense of the Spanish War; upon which the King obtained of the Laity freely and absolutely, Two Subsidies to be paid by Protestants, and four from Papists; and three Subsidies, from the Clergy. In this Parliament Dr. Montague the King's Chaplain was questioned for certain Tenets in his Answer to a Book called the Romish Gagger and his defence thereof; Entitled Appello ad Caesarem: And he being brought before the Bar of the House, the Speaker declared their pleasure; That they would refer his Censure till the next meeting; and in the mean time he should stand committed to the Sergeants Ward, till Two Thousand Pound Bail could be procured for his appearance next Sessions: And though the King took him into Protection, as his Servant, yet his Bail-bond remained uncancelled. Divers Laws were Enacted in this Parliament, as one about Observation of the Lord's day; another for restraint of Tippling in Inns, Alehouses, etc. These passed likewise in the House of Commons, A Bill for Tonnage and Poundage; but this miscarried in the House of Lords, because the Commons had limited it to a year, whereas it was formerly granted to the King's Predecessors during their lives; it being intended to reduce the Customs to the Rate, at which they were settled in the Reign of Queen Mary. During the fitting of the Parliament, the Lord Mordant a Papist, and his Wife a Protestant, being both desirous of each others Conversion, they put their cause upon a dispute between James Ʋsher L. Archbishop of Amargh, and one Rookwood a Jesuit, who called himself Beaumond; this was acted at Drayton in Northamptonshire, the points disputed on were, Transubstantiation, Praying to Saints, Images, and the Visibility of the Church; wherein the Learned Primate so foiled his Adversary, that the Lord Mordant was Convinced and Converted to the Protestant Religion, and his Lady further confirmed therein. On the Eleventh of July, 1626., the Parliament by reason of the sickness, Adjourned till August 1. and then met again at Oxford, where the King first by himself, and next by his two Secretaries, the Lord Conway and Sir John Cook, declared to them the necessity of setting forth a Fleet, for the recovery of the Palatinate, which was the Country of the Prince Palatine of the Rhyns, who married the King's Sister, and was then unjustly detained from him by the Emperor of Germany, and the King of Spain; the Lord Treasurer likewise instanced the several Sums of Money, which King James died indebted to the City of London. This occasioned very warm Debates in the House of Commons, who alleged, That evil Counsels guided the King's Designs; That the Treasury was misemployed, That our necessties arose through Imprevidence: That it would be necessary to Petition the King for a stricter hand and better Council to manage his Affairs: That though a former Parliament engaged the King in a War, yet if things were managed with Contrary designs; and the Treasure misemployed, this Parliament was not bound to be carried blindsold in Designs, not guided by sound Council: That it was not usual to grant Subsidies upon Subsidies in one Parliament, and no Grievances rednessed. With several other Passages of the like Nature. They likewise very much reflected upon the miscarriages of the Duke of Buckingham. who was then a person of very considerable Trust: but however they promised to consider of the King's desires, and presented him a Petition against Popish Recusants, giving an Account of their damage, ascribing certain Causes of their growth, and offering divers Remedies thereunto; unto which a satisfactory Answer (if any thing would have satisfied) was returned: And hereupon there followed a Debate about Supplies; some were for contributing presently, others demurred, as disliking the design in hand; and in conclusion the Major part agreed not to give: And being incensed against the Duke of Buckingham, they began to think of divesting him of his Offices, and to require an Account of the Public Moneys wherewith he had been entrusted; all which they intended to include in an humble Remonstrance: to prevent which, the King resolved to Dissolve the Parliament; and accordingly the Usher of the Black Rod was sent from the House of Lords to the Commons, who were then resolved into a Grand Committee; and understanding the King's pleasure, they caused the Speaker to keep his Seat, while they agreed upon a Message of Thanks to his Majesty for his Gracious Answer to their Petition for Religion, and for his care of their Health, in giving them leave to departed this dangerous time of Sickness; with a dutiful Declaration of their Affection and Loyalty, and of their purposing to supply him in a Parliamentary way, in fit and convenient time: After which they were accordingly dissolved. Now the War with Spain being intended both for the recovery of the Palatinate, and to prevent disturbance in our Civil Estate, the Council hereupon resolve with all speed to set forth a Fleet, and to preserve strict Unity and Peace with France, Denmark, and the United Provinces, and with the Hollanders the King had already entered into a League Offensive and Defensive against the House of Austria, and likewise had promised to assist them in soliciting other Princes to enter into the same Confederation, upon Condition that they should bear a Fourth part of the Charge of the Fleet; and in pursuance hereof, the Duke of Buckingham and the Earl of Holland were sent to the Hague, and there meeting with the Ambassadors of France and Denmark, they concluded a League for restoring the Liberties of Germany; the two last Ambassadors having no further power from their Supteams. A while after the Dissolution of the Parliament, the King published a Proclamation, Commanding the return of all Children of Noblemen, which had been sent to be Educated in Seminaries and Popish Schools beyond Sea; that none who had received Orders from Rome, should presume to confer Orders, or Exercise Ecclesiastical Functions in any of his Dominions; and likewise that the Statute be put in Execution for the departure of Priests and Jesuits, out of his Majesty's Dominions. By reason of the Dissolving the Parliament, the Act of Subsidies was prevented, and the King was necessitated to take up Money upon Loan of such Persons as were of Ability to lend; and to that end he directed his Letters to the Lord Leiutenants of the several Counties, To return the Names of those Men whom they thought most sufficient, The places of their Habitations, and what Sums each might be judged able to lend; and to the persons returned, Letters were Issued forth in the King's Name to this purpose, That his Majesty having observed in the Precedents and Customs of former times. That all the Kings and Queens of this Realm, upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects, or to the private helps of some well affected in particular, by way of Loan; in the former of which, as his Majesty has no doubt in the Love and affection of his People, when they shall again Assemble in Parliament; so for the present he was enforced to proceed in the latter course for supply of some Portions of Treasure for divers public Services, which without manifold Inconveniences to his Majesty, and his Kingdoms cannot be deferred: and therefore this being the first time that his Majesty hath required any thing of this kind, he doubts not but he shall receive such a Testimony of good affection from them among other of his Subjects, and that with such alacrity and readiness as may make the same so much the more acceptable; especially since his Majesty required but the Sum which few men would deny a Friend, and has a mind resolved to expose all his Earthly Fortune for Preservation of the General: The Sum which His Majesty requires by these presents is— which His Majesty promiseth in the Name of himself, his Heirs, and Successors, to repay to them or their Assigns, within Eighteen Months after the payment thereof to the Collector: The Person whom his Majesty hath appointed is— to whose hands his Majesty doth require them to send it within Twelve days after they have received this Privy Seal; which together with the Collectors Acquittance, shall be sufficient Warrant to the Officers of Receipt for their payment thereof at the time limited: And the Collectors of the Loan were ordered to pay the Sums received into the Exchequer, and to return the Names of such as went about to delay or excuse the Payment of the Sums required. And now about the beginning of October the Fleet set to Sea, the Lord Cecil, second Son to the Earl of Exeter, commanding the Land Forces, and the Earl of Essex being Vice Admiral at Sea; but they were surprised by so violent a Storm, that the greatest part of the Navy, which in all made up Fourscore Ships (some being Dutch) were dissipated and scattered for seven days together, and an excellent Ship with an 170 Passengers in her, were all cast away, and lost; the Design was to have furprized Cadiz in Spain, to burn the Ships in the Harbour, and to have taken the Spanish Plate Fleet, which was daily expected from the Indies; but by reason of the Plague amongst them, and some other miscarriages of the Commanders, the business was wholly disappointed, and the Fleet returned home but four days before the Plate Fleet came. Upon the Second of February was the Coronation, at which the King did not pass through the City in State from the Tower, as was usual, but went by Water from Whitehall to Westminster, for fear of the danger of a Concourse of People; the Pestilence which raged the year before not being quite ceased: The Bishop of Lincoln, as Dean of Westminster, should have performed the chief part of the Ceremony, but being under displeasure, Dr. Laud, than Bishop of St. David's supplied his place. Divers considerable Forces had been raised both for Sea and Land, for the better Discipline of whom, 150 old Soldiers were sent for from the Netherlands, by whose Industry they were brought into some good order against the meeting of the next Parliament, which was summoned to sit Feb. 6. And being met accordingly, the House of Commons chose Sir Henage Finch for their Speaker. The first business they insisted upon, was the rendering thanks to the King for his gracious Answer to their late Petition concerning Religion, than they debated of the Public Grievances, viz. The miscarrying of the Fleet at Cadiz; the evil Councillors about the King; misemploying the King's Revenue; an Account of the Subsidies and three Fifteen, granted in the 21 Year of King James: And in the Committee of Grievances, these four particulars were insisted on: 1. The state of the King in the constant Revenue of the Crown, and how much it had been diminished by Gifts of Lands, Grants of Pensions, Fruitless Embassies, the Privy Purse, and other ways. 2. The Condition of the Subject in his Freedom, about laying new impositions, multiplying Monopolies, Levying of Customs without Act of Parliament, and wasting the Treasure. 3. The Cause of the Nations good success in former times, whereby it was feared, Victorious and Renowned abroad; which they judged was occasioned by the Wisdom and Gravity of Counsel, who ordered nothing but by public Debate; whereby there arose a readiness in the People to Assist their Sovereign in Purse and Person. 4. The present Condition of the Kingdom, wherein was represented the loss of its wont Reputation, through the ill success at Algiers in the Palatinate, in Count Manfields' Expedition, and at Cadiz; and this was imputed to the want of such Counsels as were formerly used; since for fear of not succeeding, men were now afraid of venturing either there Persons or Purses. There was likewise a Commit concerning Religion and the growth of Popery, wherein Mr. Richard Montagues two Books before mentioned were again questioned, and Articles drawn up against him, charging him with several Passages for encouraging Popery, and drawing his Majesty's Subjects from the true Religion Established into Error and Superstition, with other passages dishonourable to the late King, and full of injurious and railing Language against other Persons; as likewise that he endeavoured to raise Factions in the Kingdom, by casting the scandalous Name of Puritan, upon such of his Majesty's Subjects as conformed themselves to the Doctrine of the Church of England: upon which the House of Commons ordered that he should be brought to Exemplary Punishment, and to have his Books burnt; nor do we find that he ever made any Defence or Answer to those Articles that were brought against him: It is affirmed that a while before the sitting of the Parliament, Dr. Laud understanding from the D. of Buckingham that the King intended to leave Mr. Montague to a Trial, was heard to utter these words, Iseem to see a Cloud arising and threatening the Church of England, God in his Mercy dissipate it. After this the Commons questioned several persons who were of the Council of War, upon the Affairs of the Palatinate, concerning the management of that business, complaint was likewise made in the House of the Scotch and Irish Nobility, for claiming precedency of the Peers of England, of which redress was promised; but a while after the Lord Martrevers, Eldest Son and Heir to the Earl of Arundel, Married the Daughter of the late Duke of Lenox, contrary to the King's Mind, who intended her for the Lord Lorn, Son and Heir of the Earl of Argile; whereupon the Earl of Arundel was committed to the Tower; which upon the Peers Petitioned to the King, alleging, That no Peer sitting in the Parliament, is to be imprisoned without Order from the House of Lords, unless for Felony, Treason, or denying to give security for the Peace. Upon this there arose a Dispute, which lasted for the space of two Months, and then the Earl was set at Liberty. In which time the House of Commons were very busy in searching the Signet Office, for the Original of a Letter under the Signet, written to the Mayor of York, for reprieving divers Jesuits, Priests, and other Popish Recusants: This was reported by Mr. Pim Chairman to the Committee for Religion; but their proceed therein were interrupted by a Meffage from the King, sent by Sr. Richard Weston, Chancellor of the Exchequer; demanding a supply for the English and Irish Forces. This was so highly resented, that Mr. Clement Cook, one of the Members openly Protested, That it was better to die by a Foreign Enemy, than to be destroyed at home: And Dr. Turner another of the House seconded him with these Queries. 1. Whether the King had not lost the Regality of the Narrow Seas since the D. of Buckingham was Admixal? 2. Whether his going as Admiral in this last Fleet, was not the cause of its ill Success, and return without any considerable Action? 3. Whether the King's Treasure hath not been impaired by the Duke's Immense Liberality? 4. Whether he hath not Ingrossed all Offices, and preferred his Kindred to most places? 5. Whether he hath not sold places of Judicature? 6. Whether Popish Recusants have not dependence upon his Mother and Father in Law. These bold Expressions so provoked the King, that he immediately sent Sir Richard Weston to demand Satisfaction of the House of Commons, whereupon Dr. Turner presently after made a Speech in Vindication, and for explaining himself, alleging, That what he had said was for the good of the Kingdom, and not reflecting upon any one in particular. That to accuse upon common Fame, he thought to be a Parliamentary way, and warranted by the Cannons of the Church, the Imperial Laws, and by Ancient Precedents. The Duke of Suffolk in King Hen. the Sixths' time, having been accused upon Common Fame. He added likewise, That Mr. Chancellor himself had presented some persons upon particular Fame, and that he knew no reason why himself might not in that place have as ample Privilege; and the further debate of the matter being referred till another time, Dr. Turner in the mean space writ a Letter to the Speaker to excuse his absence, by reason of some Indisposition, and to signify his desire of putting himself wholly upon the Judgement and Censure of Parliament. Sir William Waller, speaking his Opinion concerning Grievances, said, That the True Cause of them, was, because (as was said of Lewes the 11th of France) all the King's Council Road upon one Horse, And that therefore His Majesty was to be advised, as Moses was by Jethro, to make choice of Councillors, to assist him that should be thus qualified: 1. Noble, not Upstarts, and of a Night's Growth. 2. Men of Courage, such as would execute their own places, and not commit them to undeserving Deputies. 3. Fearing God, not inclining to false Worship or halting between two Opinions. 4. Dealing truly, not given to Flattery, or favouring Courtship; but such as might be safely trusted by the King and Kingdom. 5. Hating Covetousness, not such as lived upon other men's Means, or that would take Bribes, or sell places in Church or State, or about the King. 6. To be many, in the multitude of Councillors there being safety. 7. To judge of small matters as well as great (the greatest being to be referred to the King) much less any one Councillor alone to manage all business. 8. Elders, not young and unexperienced Men, through whose rash and unadvised proceed, great Designs many times miscarry. And herein he was seconded by Sr. John Eliot, who represented to the House, The present State of the Kingdom, and the great dishonour the King and Kingdom had sustained by several miscarriages, and ill management of Matters of the highest Trust; he likewise mentioned Two Precedents, the first in the 16 year of Hen. 3. when the Parliament denied the Subsidies demanded till the great Officers were Examined; and Hugh de Burg being found guilty of Corruption was displaced. Another Example was in the 10th year of Rich. 2. when Supply was required, and the Commons complaining that the Earl of Suffolk then overruled all, they returned Answer, That they could not give. But notwithstanding these Discourses, the Commons taking the King's Necessities into Consideration, Voted Three Subsidies, and Three Fifteen, and that the Bill should be brought in, as soon as the Grievances which were represented, were redressed. They likewise considered of the matter of the Duke of Buckingham, and the misemploying the Revenue; and ordered that the Duke should again have notice of their Intentions therein: But the King observing they did not make such haste as he expected, to answer his last Message, summons both Houses together; and by the Lord Keeper complains to them, For not punishing Dr. Turner, and Mr. Cook, and likewise for searching his Signet Office, and also justified the D. of Buckingham to have acted nothing of Public Employment without his Special Warrant, and therefore forbidden them to concern themselves any further therein, as looking upon it to be Libelling his own Government; lastly he blamed them for being too sparing in the matter of Supply, and for ordering the Bill not to be brought in till their Grievances were heard and answered, which he would not admit of. This was the substance of the Lord Keeper's Speech, to which the King himself added. He must also put them in mind that his Father moved by their Counsel and won by their Persuasions, broke the Treaties; and that he himself was their Instrument towards his Father, and 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 than the Duke, whom they now traduced; but that now finding him so far entangled in a War, that he could make no honourable nor safe Retreat, they made necessity their Privilege, and set what rate they pleased upon their Supplies, a Practice not very obliging towards Kings: and whereas Mr. Cook told them, That it was better for them to die by a Foreign Enemy, than to be destroyed at home: Indeed he thought it to be more Honourable for a King to be Invaded, and almost destroyed by a Foreign Enemy, than to be despised at home. After this, at a Conference of both Houses in the Painted Chamber, the Duke of Buckingham was commanded by the King, to explain some Expressions in the Kings and the Lord Chancellor's Speeches, which might be subject to misunderstanding, which the Duke performed accordingly, and then gave a large Account of his Negotiation in the Low Countries; as soon as the Duke had ended, the Lord Conway discoursed of the Treaties of Denmark and France, and the business of the Navy, and affirmed they were not done by single Council, since King James himself commanded it. The Commons in Answer to the King's last Speech, presented him with a Remonstrance to this purpose; That they gratefully acknowledged His Majesty's Expressions of Affection to his People and Parliament, That they had taken Mr. Cooks and Dr. Turner's words into Consideration, and might have given a good Account thereof by this time, if his Majesty's Message had not interrupted them; That they had the Precedents of former Parliaments for searching the Letters of his Majesty and his Secretary of State, the Signet Office, and other Records, upon the like occasions. That it was the unquestionable Privilege of Parliaments to complain of any Person of any degree, and their proceed in relation to the Duke should not prejudice either Crown or Kingdom: That they were willing to Supply his Necessities Liberally and Faithfully, if Additions might be made of other things which concerned his Service, and were now in Consultation among them. His Majesty having received it, returned this short Answer thereunto, That he would have them in the first place, Consult about Matters of the greatest Importance, and that they should have time enough for other things afterward. This happened in the year 1626., and in the Second Year of his Majesty's Reign; about which time the Earl of Bristol (being ordered by the King to be Examined by a Committee of Lords, concerning his Negotiation in Spain, and having been in Prison and prohibited access to His Majesty ever since his return) received a Letter from the Lord Conway, wherein, in order to his Relief he propounded to him from His Majesty this Choice, Whether he would be quiet, and not be questioned for what was past, and enjoy the benefit of the late Gracious Pardon? or whether he would stand upon his Justification? To which he Answered, That he did humbly acknowledge and accept of his Majesty's Grace and Favour; And at the same time he Petitioned the House of Lords for his Liberty, or to come to a Trial; who apylying themselves to his Majesty, he granted a Writ for the Earls coming to Parliament, but with a Proviso, That his Personal Attendance should be forborn; whereupon the Earl sent another Petition to the Lords that he might be heard, both as to his Restraint, and of what he had to say against the Duke. At which the King was much concerned, and signified to the Lords, That it was his Royal Pleasure, that the Earl of Bristol might be sent for as a Delinquent to answer his Offences to the House, and his scandalising the Duke of Buckingham and his Majesty likewise by Reflection. Upon this the Earl was accordingly brought to the Bar, and being ready to be impeached of High Treason by the Attorney General, he besought their Lordships, That as he was a Freeman and Peer of this Realm untainted, and had something to say of high Consequence for his Majesty's Service, he might have liberty to speak. Which being granted him, he said, I accuse that Man the Duke of Buckingham of High Treason. This unexpected procedure of the Earl, occasioned the Attorney General to draw up a Charge against him, consisting of Eleven Articles containing Matters of divers Natures; whereupon the Earl afterwards gave a large Account of the Duke of Buckingham's proceed towards him, and then preferred Twelve Articles against him; and besides these Articles against the Duke, the Earl of Bristol exhibited Eleven others against the Lord Conway: the Earl likewise gave in his Answer to each particular Article of his Impeachment. Now whilst these two Peers were thus contesting, the House of Commons presented an Impeachment to the Lords against the Duke, consisting of Twelve Articles, to each of which the Duke made Replies, and the last of them being a matter of general Discourse, it may seem necessary to insert it, with the Dukes Answer thereto. That the Duke being a Sworn Servant of the the late King, did cause and provide certain Plasters and Potions for his late Majesty K. James in in his last Sickness without the Privity of his Majesty's Physicians, and that although those Plasters and Potions formerly applied, produced such ill Effects, as many of his Sworn Physicians did disallow, as prejudicial to his Majesty's Health, yet the Duke did apply them again to his Majesty; whereupon great Distempers, and dangerous Symptoms appeared in him, which the Physicians imputed to those Administrations of the Duke, whereof his late Majesty also complained: which is 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 Articles, do pray, That the said Duke may be put to Answer all and every the Premises, and that such Proceeding, Examinations, Trials and Judgements, may be upon every of them had as is agreeable to Law and Justice. To this Article the Duke of Buckingham Replied, 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 Advantageous to his Health? The Duke replied, a Plaster, and Posset Drink administered unto him by the Earl of Warwick 's Physician, whereupon the King much desired the Plaster and Posset drink to be sent for, and the Duke delaying it, the King commanded a Servant of the Dukes to go for it, against the Duke's earnest request; he humbly Duke of Buckingham stabbed by John Felton D: Buckingham stabbed by Felton William Prynne, Henry Burton, and John Bastwick in pillories; crowd in foreground, buildings in background Mr Pryn, Burton & Bastnich in the Pillory crowd waving sticks and throwing chairs in church; preacher in pulpit The Tumult in Scotland upon Reading the Common prayr 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 Plaster and Posset Drink were brought; and at the Duke's return, his Majesty commanded the Duke to give him the Posset Drink, which he did, the Physicians than present not seeming to mislike it; afterwards the King's Health declining, and the Duke hearing a Rumour as if his Physic had done his Majesty hurt, and that he had administered Physic without Advice, the Duke acquainted the King therewith, who with much discontent replied, They are worse than Devils that say so. About this time the King again earnestly pressed the House of Commons for a speedy Supply, by their Speaker Sir Heneage Finch; giving them to understand, That if there did not pass the Bill of Subsidy by the end of the week following, it would enforce him to take other Resolutions; and if by their denial, or delay, any thing of ill consequence should fall out either at home, or abroad, he called God and Man to witness, that he had done his part to prevent it, by calling his People together to advise with him; whose sitting (if they dispatched this according to his desire) he resolved to continue, for the dispatch of other Affairs, and after their Recess to bring them again together the next Winter. Before the Commons sent an Answer, they drew up a Petition to his Majesty. That he would be pleased to Remove from all places of Trust and Authority, all such Persons as were either Popish Recusants, or according to the Direction of former Acts of State, justly to be suspected to be such. And herewith they likewise sent a large Scroll of the Names of all such Noblemen and others as continued in places of high Trust in the several Counties of England. The Answer to the late Articles against the Duke of Buckingham, being by him delivered into the Lord's House, he desired their Lordships to send to the Commons for a speedy Reply; whereupon the Commons required a Copy of his Answer. But the Duke fearing what might be the Effect thereof humbly applied himself to the Lords, whom he entreated to allow him the benefit of a free and general Pardon granted by King James in Parliament in the 21st. Year of his Reign, and likewise that of the Coronation. Presently after the Commons drew up another Declaration of Grievances against the Duke, whom they resolved utterly to overthrow, though contrary to the Inclination of the King; who being thereat incensed, dissolved the Parliament the very next day, June 15. 1626. and committed the Earl of Bristol to the Tower, Publishing a Proclamation for burning all Copies of the said Declaration. After which the King Published a Declaration, showing the Grounds and Reasons of his Dissolving this and the former Parliament. Then several ways were Resolved on for advancing the King's Revenue, and special care was taken by the Council for the levying of Customs and Imposts upon all Merchandizes Imported and Exported, as being intended to have been settled by the Two last Parliaments, but prevented by their sudden Dissolution: The Forfeitures of Papists likewise, which had been misemployed, were now taken into a more strict Account; Privy Seals also were issued out, and Benevolence proposed, and at length a Commission for a General Loan was resolved upon, as the most convenient Method, since the present state of Affairs admitted not of the way of a Parliament, and private Instructions were given to the Commissioners how to manage the business, which upon their Faith and Allegiance they were commanded to keep Secret, and not to disclose to any. About this time some Soldiers returned from Cadiz, and were Quattered in the countries', and Money was raised for them, which made this Loan the more unwelcome; and Sir Randolph Crew for not appearing vigorous in promoting the Loan, was displaced from being L. Chief Justice, and Sir Nich. Hyde advanced in his place; the Bishop of Lincoln was likewise informed against in the Star Chamber by Sir John Lamb, and Dr. Sybthorp, for speaking against the Loan, and seeming to favour the Puritans and Nonconformists: Not long before which Bishop Laud (hearing that the Bishop of Lincoln endeavoured to ingratiate himself with the D. of Buckingham) Dreamt, That the Bishop came to him with Iron Chains, but returned free from them, that he leapt upon a Horse, departed and he could not overtake him; which was afterwards interpreted concerning the Bishop of Lincoln's taking Arms for the Parliament in Wales, and his being at liberty, when Bishop Laud was imprisoned in the Tower. There were several Occasions at this time which required considerable Supplies of Money, for besides that of the Palatinate, there was great probability of a War with France upon this Occasion; the French King, Lewis the 13. had borrowed of his Brother in Law, the King of England, a Man of War called the Vanguard, and six other Merchants Ships in pursuance of a Design against Italy, but with this express Condition that they should not be employed against the Protestants at Rochel; there having been an Agreement lately made between them and their King by the Mediation of the English Ambassadors: But Mounsieur Soulize, who was for the Protestants, taking the Advantage of the French Armies going into Italy, suddenly broke that Agreement; for getting some small Ships together, he Surprised the Isle of the, and some Ships in the Harbour, at which the French King being offended, turns his whole Design from Italy to Rochel; and with the Seven English Ships under Admiral Pennington, Twenty Dutch Ships, and the French Navy, he furiously falls upon Soulize, forceth him from his Fastness, and chaseth him to the Isle of Oleron: The King of England was much concerned at this Action of the French King, as a breach of his Royal Word, and demanded Satisfaction; which the French King deferring to give, the King Seized a Rich French Ship, and the French King Arrested the Goods of the English Merchants in France, to the value of Three Hundred Thousand Pounds; but at length all was Reconciled and Restored on both sides. Thus all seemed quiet at present, till the Insolent deportment of the Queen's Priests and Confessor made another Rupture; who Imposed upon her to go barefoot, to Spin, to wait upon her Servants at their Dinners, nay to walk on Foot on a Rainy Morning, from to St. James', and from thence as far as Tyburn Gallows, to offer up her Prayers for the Souls of some Jesuits, whom they styled Martyrs who were formerly Executed there; her Confessor himself Riding by her in a Coach. These and several other Arrogancies, being justly charged upon the Queen's French Domestic Servants, they were paid off, discharged, and sent home: Upon which the French Arrested the Ships of the English Wine Merchants at Blay Castle, which was so ill Resented by his Majesty of Great Britain; that he resolved upon a Breach with France: But about the same time the English Fleet under the L. Willoughby, which were sent to the Aid of the Rochellers, were so scattered by a Storm, that they could scarce get into safe Harbour. The Assessment of the Loan was generally opposed, whereupon the People of the lower Rank were ordered to appear in the Military Yard near St. Martin's in the Fields, before the Lieutenant of the Tower, to be Listed for Soldiers; it being thought fit, that those who refused to assist with their Purses in Common Defence, should be forced to serve in their Persons; others of better Quality, were bound to appear at the Council Table; several of whom were committed Prisoners to the Fleet, Marshalsea, Gatehouse, and other Prisons, and among them Sir John Eliot, who Petitioned his Majesty and repeated many Precedents, That all manner of Aids and Taxes informer Kings Reigns were never levied but by the general Consent of the Nobility and Commons Assembled in Parliament. However he was committed Prisoner to the Gatehouse, and upon the same Account Sir Peter Hayman was commanded to Serve his Majesty in the Palatinate, which after he had settled his Estate he did acordingly. Doctor Sybthorp and Dr. Maynwaring, two Eminent Preachers at Court, about this time preached up the Necessity and Duty of the Loan; one of them Asserting, That the Prince hath Power to Direct his Council, and make Laws, and that Subjects, if they cannot Exhibit Active Obedience, in Case the thing commanded should be against the Law of God, or Nature, or more Impossible, yet nevertheless they ought to yield Passive Obedience; and in all other Cases they were bound to Active Obedience. The other Affirmed, That the Kings Royal Command in Imposing of Loans and Taxes, though without common consent in Parliament, did Oblige the Subject's Conscience upon Pain of Eternal Damnation. Which Positions being entertained by the Court with Applause, the Sermon of Dr. Sybthorp, called Apostolic Obedience, was Licenced and Approved of by Dr. Laud B. of London; and an express Command was sent from the King to Archbishop Abbot to Licence it, which he refused, whereupon having been under some disfavour before, this Increased it, and he was suspended from his Archiepiscopal See, and a Commission was granted to Five Bishops to Execute his Office: After which the Bishop Published a Narrative of the Cause and Manner of his Suspension. Five of those Gentlemen who were Imprisoned about the Loan; had their Habeas Corpus granted, and were brought to their Trial before Sir Nicholas Hyde Lord Chief Justice; where, after arguing the Case between Council on both sides, the L. Chief Justice concluded, That since they were Committed by the King's Authority, the Court could not Free them, so that they were remanded to Prison, till the Order came out for a General Release. The Irish Papists, in hope of some Remission of the Penal Laws, offered to Furnish the King at their own Charge with a standing Army of 5000 Foot and 500 Horse, and a large Contribution for securing the Narrow Seas, which was opposed in England by Sir John Savil, and in Ireland by the Lord Primate of Armagh and divers others, as tending to preserve the Papists Interests, and sinking the Protestants; upon which the L. Deputy moved the Primate to endeavour to prevail with the Protestants to supply the King's Necessities; which he attempted to do in a very learned Speech, though not with the expected Success. In 1627., being the Third Year of his Majesty's Reign, the Duke of Buckingham, to clear his Reputation, as to the Charge of Negligence in his Admiralship, with much ado completed his Naval Forces, consisting of Six Thousand Horse and Foot in Ten Ships Royal, and Ninety Merchant Men; with which he set Sail from Portsmouth June 27, and published a Manifesto of the King's Affection to the Reformed Churches in France, and his displeasure against the last misemploying of his Ships against the Rochellers. But by several Accidents this great Design miscarried, with the Death of near Two Thousand common Soldiers, Thirty Prisoners of Note and Forty four Colours taken: But notwithstanding this Expedition of the Isle of the miscarried, yet at Sea there was somewhat better Success; a great French Ship was taken upon the Coasts of Holland, Laden with great Guns, Arms, and Ammunition of all sorts, to a very considerable value; Sir John Pennington likewise took Thirty Four Rich French Merchantmen, homeward bound, which were all safely brought to England; the poor remains of the Army which came from the Isle of the, most of them Irish and Scots, and consequently rude and boisterous, were quartered in the Country Villages, which was very troublesome to the People. At this time the Exchequer was very low, and several late Erterprises having miscarried, the Rochellers being also now more distressed than ever; the causes of these evils were gravely represented by Sir Robert Cotton to several Lords of the Council; whereupon it was resolved on by the Council, that a Parliament should be called, and Writs were presently Issued out; A Commission likewise passed under the Great Seal, for raising Moneys through the Kingdom in Nature of an Excise; and the Lord Treasurer was ordered to pay Thirty Thousand Pound to Philip Burmelack, a Dutch Merchant, to be returned to Sir William Balfour and John Dalbier in the Low Countries, for raising a Thousand Horse; which caused strange jealousies and suspicions among the People, as if these Germane Horse were designed to enforce the payment of the Excise. There was some discourse about Levying Ship money, but it was declined at that time, because of the Parliament approaching. In the mean time a company of Jesuits were apprehended in an House at Clerkenwell, which was designed for a College of that Order; where among other Papers, a Letter was found, discovering their secret Designs they had laid for imbroiling Church and State. Upon the 17th of March 1627., the Parliament Assembled, the Commons choosing Sin John Finch Speaker, the King in a Speech tells the two Houses, That the greatness of the danger was such, as required a speedy Supply, and that therefore they might rest assured it was the principal cause of their Meeting; wherein he hoped they would show themselves such true Patriots of the true Religion, the Laws and Liberties of this State, and the just defence of their Friends and Allies, now in such hazard by Popish Enemies, as not to deceive his Expectations, which were very great, though indeed somewhat nipped, by Remembrance of the Distractions of the last Meeting. The Lord Keeper likewise Inforc'd the King's Speech, and earnestly pressed them, to consider of some speedy way for Supplying his Majesty's Necessities. Before the Parliament began any debate, a Letter came to them Directed, To the Members of the House of Commons, called A Speech without Doors; discovering the Grievances and Inconveniences of the State, from one who had been a Member of the former Parliament. The first thing taken into Consideration by the Commons, was the Grievances of the Kingdom, and the first thing Insisted on was the Case of those Gentlemen for refusing the Loan, and who notwithstanding their Habeas Corpus, were Remanded to Prison; and after a long Debate between several Members, who asserted the Illegality of the Loan, and also their Imprisonment for refusing it; the Lord Chief Justice Hyde and several other Judges were desired to declare themselves; who justified their own proceed, alleging, That if they had granted them Bail upon Habeas Corpus, it would have reflected upon the King, as if he had unjustly Imprisoned them: But in conclusion it was resolved upon the Question in the House of Commons, Nemine Contradicente: 1. That no man ought to be restrained by the Command of the King or Privy Council, without some Cause of the Commitment. 2. That the Writ of Habeas Corpus ought to be granted upon Request to every Man that is restrained, though by the Command of the King, the Privy Council, or any other. 3. That if a Freeman be imprisoned by the Command of the King, the Privy Council, or any other, and no Cause of such Commitment expressed, and the same be returned upon an Habeas Corpus granted for the said Party, than he ought to be delivered or Bailed. Then the Parliament proceeded to draw up a Petition against Popish Recusants, consisting of these particulars. 1. That all Laws and Statutes against Jesuits and Popish Priests, be put in power and Execution. 2. That a strict course be taken for the Apprehending and Discovering of them. 3. That all Popish Recusants be prohibited from coming to Court, or within Ten Miles of London. 4. That no place of Trust or Authority shall be committed to Popish Recusants; with several other particulars to the same purpose; which Petition was presented from the Lords and Commons to the King by the Lord Keeper, who gave a full and satisfactory Answer to every Article; after which Five Subsidies were granted to the King, which gave so great satisfaction to his Majesty, that he sent them Word; He would deny them nothing of their Liberties which any of his Predecessors had granted: A Petition was then presented against Quartering Soldiers in the Countries, to which the King promised an Answer in convenient time; whereupon the Commons fell upon the memorable Petition of Right, and after several of the Members had delivered their Opinions at large concerning some Clauses in it, the Lords agreed that without any Addition or Preface it should be presented to the King; the Substance whereof was. 1. They do pray his most Excellent Majesty, That no man hereafter be compelled to make or yield any Gift, Loan, Benevolence, Tax, or such like Charge, without common consent by Act of Parliament, and that none be called to make Answer, or to take? such Oath, or to give Attendance, or be confined, or otherwise be molested or disquieted concerning the same, or for Refusal thereof. 2. That no Freeman be taken and imprisoned or be disseised of his Freehold of Liberty, or his free Customs, or be outlawed, or exiled, but by the lawful Judgement of his Peers, or by the Laws of the Land. 2. That your Majesty would be pleased to remove the Soldiers and Mariners now Billeted in several Counties; and that your People may not be so burdened for the time to come. 4. That the late Commissions for proceeding by Martial Law, may be revoked and annulled, and that hereafter no Commission of like Nature may Issue forth to any Person or Persons whatsoever, to be Executed, least by colour of them, any of your Majesty's Subjects be destroyed, or put to death contrary to Law and the Franchises of the Law. All which we most humbly pray your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm; And that your Majesty would also vouchsafe to declare, That all Awards, Do, or proceed, to the prejudice of your People, shall not be drawn hereafter into consequence and Example. After this there came a Letter from the King to the House of Lords, wherein among other things, His Majesty declared it to be his Royal pleasure, which God willing he would ever continue and constantly maintain; That neither he, nor his Privy Council, should or would hereafter, command to Prison, or otherwise restrain the Persons of any for not lending Money: nor for any Cause which in his Conscience did not concern the public good; nor would he be drawn to pretend any cause, wherein his judgement was not fully satisfied. This, Sir Thomas Wentworth (afterwards Earl of Strafford) said, Was a Letter of Grace, but that the People were not so satisfied but by a Parliamentary way, That the debate would spend much time, That it was not directed to the House of Commons, and that the Petition itself would rectify all mistakes. When the Petition of Right was presented to the King, the Answer following was quickly returned; The King willeth that Right be done according to the Laws and Customs of the Realm; and that the Statutes be put in due Execution, that his Subjects may have no cause to complain of any wrong or Oppressions, contrary to their just Rights and Liberties; to the Preservation Whereof he holds himself in Conscience as well obliged, as to that of his Prerogative. This Answer being Read in the House of Commons, was not judged Satisfactory; and therefore upon their Humble Petition for a clear and satisfactory Answer to the Petition of Right, His Majesty to show how free and candid his Concessions were to his Subjects, sent them this short but full Answer; Soit Droit Lait come il est desire, Let it be done according to your desire. Which Answer was Received with the general joy and Satisfaction of both Houses; and the Citizens made Bonfires, and Rung Bells, and his Majesty for further Satisfaction was pleased to receive into Favour Abbot, Archbishop of Canterbury, Bishop Williams, and several others: His Majesty likewise suffered the Commission of Loan and Excise to be canceled in his presence, so that all discontents of every side seemed to be banished. In 1628. the Fourth year of his Majesty's Reign, the Parliament not being satisfied of their former disappointment about the Duke of Buckingham, drew up another Remonstrance against him, and likewise against Bishop Neal, and Bishop Laud, which they presented to the King with the Bill of Subsidies: His Majesty telling them, That he expected not such a Return for his favourable Answer to the petition of Right, and as for the Grievances he would take time to consider of them. An Information being likewise Exhibited against the Duke in the Star Chamber, for divers Offences and Misdemeanours, an Order was made in that Court, that all proceed thereupon should be taken off the File, by the Kings express Will and Pleasure: And because it had been reported by a Member of Parliament that the Duke should say at his Table, Pish, it matters not what the Parliament doth, for without my leave and Authority, they shall not be able to touch the Hair of a Dog: The Duke made Protestation in the House of Lords, That be never had those words so much as in his Thoughts. But the King being resolved to hold up the Duke, sent so brisk an Answer to their Remonstrances, as provoked the Commons (who had soon forgot his Majesty's late Act of Grace) to question his taking Tonnage and Poundage; which being of too valuable consideration to be hazarded, his Majesty obviated by Adjourning the Parliament to the 20th. of October, there being several Acts passed by them, One About the Lord's day, Another To restrain the sending any to be Popishly bread beyond the Seas, Another for Confirmation of the Subsidies granted by the Clergy, and for the grant of Five Entire Subsidies upon the Temporality, and divers more. Much about this time Dr. Lamb, who was in great Favour with the Duke of Buckingham (and had been formerly twice Arraigned, once for Necromancy, and another time for a Rape) was killed by the furious Multitude in Lothbury, who hated him both for his own sake and the Dukes, he being called the Duke's Devil; and though he were guarded by four Constables and their Attendants, yet the Rabble struck him down, beat out one of his eyes, and left him half dead on the Ground, from whence he was called to the Poultry Counter, where he died, according to his own Prediction the year before; being pitied by few, and loved of none. The Earl of Denbigh having a while since sailed with Fifty Ships to the relief of Rochel, was repelled with much loss; so that despairing of Success, he returned back to Plymouth; whereupon another Expedition was resolved on, with a more considerable Navy, and the Duke of Buckingham was designed Admiral, who going to Portsmouth, in order to hastening of business, one John Felton a Lieutenant stabbed him to the heart with a Knife; which the Murderer flying, left sticking in his Body, till the Duke himself dragged it out, and immediately after died: Felton was soon apprehended by the Servants, and laden with Irons, and being asked, what inclined him to commit so horrid an Action? He boldly answered, He killed him for the cause of God and his Country: He likewise fastened a Paper in the Crown of his Hart, which intimated, That his only Motive to this Fact, was the late Remonstrance of the Commons against the Duke, and that he could not sacrifice his Life in a nobler Cause, than by delivering his Country from so great an Enemy. Felton was afterwards Condemned and Hanged at Tyburn, and his Body hanged upon a Gibbet at Portsmouth. There was observation made of divers Passages presaging the Duke's Death, as that his Picture fell down in the high Commission Chamber at Lambeth, That the Lady Davis reputed a Prophetess, had foretold in June, that the Duke's fatal time would not come till August; and lastly, that Mr. Towerson of the Customhouse was charged by a Phantasm or Ghost, resembling the Duke's Father, to tell him, That if he changed not his courses, he should shortly become a great Fairing to the City of London; which was afterwards judged to be accomplished by his death, which happened the day before the Fair, that is August 23. 1628. However the Fleet set Sail under the Command of the Earl of Lindsey, and came to the Bar of Rochel Haven, where there was a wonderful Barracado contrived by Cardinal Richlieu, of Fourteen Hundred Yards, cross the Channel; however the Earl adventured in, passing the Forts and Outworks, but the Wind changing, drove the Ships upon each other, which unhappy Accident made the Rochellers despair of Relief, and occasioned the present surrender of the Town; after which the Earl of Lindsey brought the Fleet safe home again. The Parliament was to have met in October, but by reason of some ill news during this Expedition, they were again Adjourned to January 20th; in which time the Merchants refusing to pay Custom, had their goods seized; Complaint whereof being made to the Parliament, the King summons the two Houses to the Banqueting House at Whitehall, and requires them to pass the promised Bill of Tonnage and Poundage, for ending all differences, since it was too precious a Jewel of the Crown to be so lightly forgone. But the Commons being forward enough to take all occasions to put of the King's Requests, Answered, That Gods 'Cause was to be preferred before the Kings, and they would therefore in the first place consult concerning Religion; and thereupon appointed one Committee for Religion, and another for Civil Matters; in the last whereof there was a complaint that the Petition of Right, had been Printed with the King's first Answer only, and not with the last which was judged Satisfactory: Another complaint was likewise made about the Customs, and Mr. Rolls a Member of the House affirmed, That it was reported some of the Officers of the Custom-house should say, Though all the Parliament were in you, we would take your Goods; Mr. Richard Chambers was likewise imprisoned for saying at the Council Table, That such great Customs and Impositions were required of the Merchants in England, as were in no other Place and that they were more screwed up than under the Turk After which a Form of Submission being sent him from the Star Chamber to subscribe his name there to, he instead of owning it as a fault underwit these words, All the abovesaid Contents I Richard Chambers do utterly abhor and detest, as most unjust and false: and never to death will acknowledge any par● thereof; and quoted divers Scriptures against Oppression and Injustice. As to the Printing the Petition of Right, the Printer was questioned, and for the other, the Farmer● of the Customs were challenged to Answer it, bu● the King excused them, as Acting by his Command! yet this not being clear to the Parliament they would have proceeded against them as Delinquents, whereupon the King sent them Word, That in honour he could not, nor would give way there to: Which so increased the Parliament, that they Adjourned themselves for some days, and the● meeting again, the King Adjourned them further till March 1. upon which Sir John Eliot stood up, and accused the Lord Trea surer Weston, as an Enemy to the English Trade, and designing to transfer it to Foreigners; which Speech caused a further Adjournment to March 10. The Commons enraged hereat, blamed their Speaker for admitting the Message, and ordered Sir John Eliot to read their Remonstrance (the Speaker and Clerk refusing to do it) which was to this purpose; That the House had considered of the Bill for Tonnage and Poundage, but being overpressed with other business, and that of itself so perplexed, as would require much leisure to discharge, could not at that time finish it; this present Session moving hastily to an end; and lest his Majesty should hereafter, as he had done heretofore, incline to Evil Spirits, or to be abused to believe, that might justly receive the Subsidies of Tonnage and Poundage, which they humbly declare to be against the Fundamental Law of the Nation, and contrary to the King's late Answer to the Petition of Right) therefore they crave that his Majesty would for the future forbear such Taxes, and not take it ill, if his Subjects refuse what is demanded by Arbitrary and unwarrantable Power. A Report was likewise made from the Committee of Pardons by Oliver Cromwell, (a fatal name afterward) that Dr. Neal Bishop of Winchester, was chiefly Instrumental, in procuring the King's hand to the Pardons of Dr. Sybthorp, Dr. Maynwaring. Mr. Cousens, and Mr. Montague, and that he had likewise preferred Dr. Maynwaring to a rich Living, though censured by the former Parliament, and disabled from holding any Ecclesiastical Dignity; and also that he was a Countenancer not only of Arminianism, but flat Popery. The Commons having prepared their Remonstrance about the Bill of Tonnage and Poundage, they required their Speaker to put it to the Vote, whether it should be presented to the King, or not; but the Speaker refused it, and accordingly to the King's order would have gone away; but Mr. Hollis would not suffer him to stir till himself had read the Protestation of the House, consisting of 3 Heads. 1. Whoever shall bring in any Innovation of Religion, or by favour seek to introduce Popery, or Arminianism, or other Opinions, disagreeing from the True and Orthodox Church, shall be reputed a Capital Enemy to this Kingdom and Commonwealth. 2. Whosoever shall Counsel or Advise, the taking, or levying the Subsidies of Tonnage and Poundage; not being granted by Parliament, or shall be an Actor or Instrument therein, shall be likewise reputed a Capital Enemy to the Commonwealth. 3. If any man shall yield voluntarily, or pay the same; not being granted by Parliament, he shall be reputed a Betrayer of the Liberties of England, and an Enemy to the Commonwealth. These Articles were entertained with the general Approbation of the Members, but were much disliked by the King, who immediately sent for the Sergeant of the Mace out of the House of Commons, but Sir Miles Hobart took the Key from him, and locking the door would not suffer him to go forth, at which the King being very much offended, he sends the Usher of the Black Rod to dissolve them, who was not admitted in, whereupon the King, with his Guard of Pensioners, were resolved to force their Entrance; which the Commons having notice of, they suddenly went all out of the House; and this was the end of this Parliament. After their Dissolution, the King publisheth a Declaration of the Causes thereof; and then questioned Eleven of the Refractory Members at the Council Table, who were all committed to divers Prisons. About the same time the Marquis of Huntley, Sheriff of the greatest part of Scotland, neglecting the Order of the Council for seizing some Priests and Jesuits, who publicly said Mass and committed other Insolences at Aberdeen, with several other Lords, who joined with him, and refused to appear upon Summons, and had likewise given notice to the Priests and Jesuits to escape, were proclaimed Rebels and Traitors to the King and Kingdom; upon which they fled into England, The French King having had much loss by the War with England, did now therefore propose and conclude a Peace with the King, consisting of several Articles. A Paper was about this time dispersed abroad, containing some Projects how the King might Augment his Revenues without the help of Parliaments upon which the Earls of Bedford, Somerset, and Clare with others, where committed upon Information that they had dispersed some Copies of them; but Sir David Fowls soon cleared them, who deposed upon Oath, that it was contrived near Sixteen years before, by Sir Robert-Dudley Son to the Earl of Leicester, when he was in Italy. The dissolving the last Parliament procured great Animosities in the People against the Prime Ministers of State, which occasioned divers Invective Libels to be dispersed abroad, whereof one against Bishop Laud was found in the Dean of St. Paul's Yard to this Effect. Laud look to thyself, be assured thy life is sought; as thou art the Fountain of Wickedness, repent of thy monstrous sin before thou be taken out of the World; and assure thyself, Neither God, nor the World, can endure such a vile Councillor, or Whisperer. Another very bitter Libel was scattered against the Lord Treasurer Weston: On the other side some considering the unsuccesfulness of this and the two former Parliaments, advised never for the future to call any more Parliaments; and to that end the forementioned Book of Projects was published, and addressed to the King, proposing some methods to prevent the Impertinency of Parliaments (as he called them) for time to come, by the Example of Lewes 11th. of France; who pretended that the Commons or Third Estate, did encroach too much upon the Nobility and Clergy, dissolved it; and never after suffered the People freely to Elect their Representatives: but nominated certain Eminent Persons himself instead thereof, which is called, L' Assembly des Notabiles, or the Assembly of Chief, or Principal Men; and the Methods proposed to avoid Parliaments were: 1. To have a Fortress in every considerable Town. 2. To cause highways to be made through all such Towns. 3. To make none of the Inhabitants Governors of those Fortresses. 4. To let none pass through those Towns without a Ticket. 5. To have the Names of all Lodgers taken by Innkeepers. 6. To impose a general Oath upon the Subjects, not to oppose any of these Contrivances. And to increase the King's Revenue, the Advice was, 1. To demand the Tenth part of every Man's Estate. 2. To buy all Leases upon the Crown Lands. 3. To take the benefit of Salt into his own hands. 4. To demand a Rate for Sealing the Weights every year. 5. To lay a Tax upon Wools. 6. Upon every Lawyers Fee. 7. Upon Inns and Victualling Houses for a Licence. 8. Upon all Cattle, Flesh, and Horses sold in the Market. 9 Upon all Lands Alienated. 10. To set a Rate upon all Offices in his Majesties Grant. 11. To Reduce his Majesty's Household to board wages. 12. To lay a Tax upon White Meats on fasting days. 13. To lay an Imposition upon the Papists Lands. 14. To Advance some Hundreds of Persons to Honours. 15. To prohibit excess in Apparel, which would save the Gentry more Money, than what they were Taxed would amount to. crowd attacking Lambeth Palace with sticks or spears The Insurection of the Apprentices at Lambeth Earl of Strafford beheaded on Tower Hill: executioner preparing to use ax on prone figure on scaffold, surrounded by a crowd; Tower of London in background The E: of Strafford beheaded on Tower-hill. crowd, some on horseback, some waving flags, surrounding several men on ladders attacking Cheapside Cross monument with hammers while others pull the cross down from the top with ropes; pikes (?) in the background Cheapside Cross pulled down in 1643. Upon May 29. 1630, the Queen was delivered of a Son at St. James', who was Christened Charles; and Preserved by Providence, to Succeed his Father in these Three Kingdoms, as his Rightful Inheritance, after the Miseries of a long and tedious Exile from his Native Country, unto which he was at length happily Restored, with the general Consent and Acclamations of the whole Kingdom, The King of France, and the Prince Elector Yalatine, represented by the Duke of Lenox, and the Marquis Hamilton, were his Godfathers, and the Queen Mother of France, represented by the Duchess of Richmond, his Godmother, It was observed that at his Nativity a Star was seen at Noonday, which might portend some extraordinary Passages of this Prince's Life. About this time Dr. Leighton was sentenced in the Star Chamber, to have his Body Whipped, his Forehead Stigmatised, his Ears Cropped, his Nose Slit; for publishing a Book called Zions Plea: wherein he exhorted the late Parliament to smite the Bishops under the Fifth Rib; and called the Queen the Daughter of Heth, a Canaanite and Idolatress: which Sentence was accordingly inflicted on him. In Ireland the Papists presumed on St. Stephen's day to say Mass in Dublin, while the Lords Chief Justices were at Church; who having notice thereof, ordered the Priests, Crucifixes, and Vestments, to be seized; and Eight Popish Aldermen were likewise Imprisoned for not Assisting the Mayor; but some Papists making a Tumult, rescued the Priests, whom the Guards again forced to deliver back. Upon Information of this Riot and Insolency, Fifteen Houses were by special Order from the Council seized upon for his Majesty's use; and the Priests and Friars so disturbed, that two of them hanged themselves: Neither did the Papists agree together, for there were great Contests in England between the Jesuits and Secular Priests. The Earl of Essex had many years before married the Lady Howard, who complaining of his Insufficiency for Marriage Duties, the Cause was brought to a Trial; and it being made appear by a Jury of Midwives and the Earls own Confession, That he never could, and believed he never should, carnally know her: Thereupon Sentence of Divorce between him and his Lady was pronounced by the Bishops: However the Earl was resolved to try his Fortune once more, and therefore upon his return out of the Low Countries, where he had been for some time a Soldier, he now Married a Daughter of Sir William Paulet of Wiltshire; but a while after she objecting the same cause of complaint, desired likewise to be Divorced from him; which the Earl easily cousented to, and it was done accordingly. In the year 1631, and the 7th of his Majesty's Reign, Mervin Lord Audly, and Earl of Castlehaven, was Tried by his Peers upon the Petition of his own Son and Heir, for Rape and Sodomy; many unnatural and beastly Actions being proved against him: whereupon he received Sentence to be Hanged, but had the Favour to be Beheaded at Tower-hill. This Earl was born of a very honourable Family, and educated in the Protestant Religion, but turned Papist to have the more liberty to commit wickedness; in which he grew to so great aheight, that he impudently declared in the presence of some Lords, As others had their several Delights, some in one thing, some in another; so his whole Delight was in damning Souls, by enticing Men to such Acts as might surely effect it. About this time Sir Giles Allington was Convented for Marrying his own Niece, and was fined Twelve thousand Pound to the King, and to give Twenty thousand Pound Bond never to cohabit, or come in private with his Niece again; and both of them to do Penance at St. Paul's Cross, or St. Mary's in Cambridge. which they accordingly did. The Protestants were very much discontented in Ireland, that the Papists were discharged from paying the State Penalty of Twelve Pence a Sunday for not going to Church; whereby their Number was wonderfully increased: Whereupon the King recalled the Lords Justices, who then governed that Kingdom, and sent Viscount Wentworth (afterward Earl of Strafford) thither as Lord Deputy, as judging that these distempers would be better composed under a single Government. In the year 1633, and the 9th of his Majesty's Reign, the King made a Journey into Scotland, attended with several of the Nobility and Persons of Quality; and June 18 was solemnly Crowned King at Edenbourgh, which Solemnity being finished, the King calls a Parliament, and passeth an Act for Ratification of the old Acts; though some affirmed, That the Confirmation of Episcopacy was intended thereby, and therefore (though in vain) opposed it; upon which some of those Persons became a while after principal Men among the Covenanters: In this Scottish Parliament, that Nation shown then some signs of diaffection to the King, by Reason of several Acts which then passed; and the generality of the People (who without doubt were influenced by the greater Malcontents) would not suffer the Bishop of Dumblain, Dean of the King's Private Chapel there, to perform Prayers twice a day after the English manner; neither durst they receive the Communiou on their knees, nor wear a Surplice upon Sundays and Holy days. Not long before his Majesty went to Scotland, being desirous, if possible to have prevented that Trouble, the King writ to a Scottish Lord who was entrusted with that Crown, to bring it into England, that he might be Crowned here; but the Lord returned Answer, That he durst not be so false to his Trust, but if his Majesty would be pleased to accept thereof in Scotland, he should find those his People ready to yield him the highest Honour; but if he should long defer that Duty, they might perbaps be inclined to make choice of another King. A very strange and unusual Answer from a Subject to a Prince. October 13, 1633. The Queen was delivered of her Second Son, who was Baptised James, and designed Duke of York; and about that time died George Abbot L. Archbishop of Canterbury, and William Laud Bishop of London was Elected into his place. In the Year 1634 the English Coasts were very much Infested by Pirates, and the Fishing Trade almost engrossed by the Hollanders; and his Majesty having occasion for Money to Regain his Absolute Dominion over the British Seas, the Design of Shipmoney was first set on foot; and Attorney General Noy being consulted about it, he out of some old Records finds an Ancient Precedent of Raising a Tax upon the Nation, by the Authority of the King alone, for setting out a Navy in case of danger; which was thereupon accordingly put in Execution, and by this Tax the King raised by Writ above Twenty thousand pound a Month, though not without great discontent both among the Clergy and Laiety. The Discontents in Scotland began to increase, and a Book was published charging the King with indirect proceed in the last Parliament and a tendancy to the Romish Belief, and to blow up these Scoth Sparks to a Flame, Cardinal Richlieu sent over his Chaplain and another Gentleman, to heighten their Discontents: The Author of that Book was seized, and found to be abbetted by the Lord Balmerino, the Treacherous Son of a perfidious Father; who was thereupon Arraigned by his Peers, and Sentenced to Death, but Pardoned by the King. At this time Gregory Panzani a Priest, was sen over by the Pope with a Commission of Oyer and Terminer to decide the difference between the Jesuits and Secular Priests, and Insinuating himself into the Favour of the Lord Cottington, and Secretary Windebank, he endeavours to discover how far the King might be persuaded about giving Toleration to the Popish Religion; as to allow them a Popish Bishop to reside here, but nominated and limited by the King; and that the Pope might send a Nuncio to the Queen; but having made some agreement between the Jesuits and Priests Panzani returned to Rome, and left the further transacting of Business to Signior Con, who stayed in his room. In the year 1635, A Noble Fleet was fitted out, by the Supply of Shipmoney, consisting of Forty Sail, under the Earl of Lindsey, to scour the Seas from Pirates; at which time the French and Hollanders had confederated against the Spaniard in Flanders both by Land and Sea; but the English Fleet removed the Hollanders from before Dunkirk, and the Common People enraged by the French insolences at Land, risen up against them, and Assisted the Spaniard to expel them the Country. One Robert Par of Shropshire, a Man almost an Hundred and threescore years old, was this year brought to London by the Earl of Arundel as a Rarity or Miracle, where he died soon after; though it is very probable he might have lived much longer, if he had continued at home; for his removal from his own Air, change of Diet, and the tediousness of so long a Journey, may be supposed to have hastened his end. December, 23, 1635. the Lady Elizabeth the King's Second Daughter was born, and to Congratulate the Queen's happy delivery, the Hollander sent an Ambassador with a present of an extraordinary value; that is, a Massy Piece of Ambergris, Two large and almost Transparent China Dishes; a Clock of most excellent Workmanship, which was made by Rodulphus Emperor of Germany; and likewise several curious pieces of Painting. Dr. William Juxon, Bishop of London, about this time was made Lord Treasurer in the place of the L. Weston Earl of Portland, deceased: And now great differences arose about Church matters, chief occasioned by Arch Bishop laud's strict and zealous Enjoining of Ceremonies, as placing the Communion Table at the East end of the Church, upon an Ascent with Rails, Altar fashion; with many other things not formerly strictly insisted on, and now vehemently opposed by those who were usually called Puritan and Non-conformists, which caused them to be charged with Faction; yet some of the Episcopal Party Asserted, That the Communion Table ought to stand in the middle of the Choir, according to the Primitive Example; and a Book supposed to be written by Dr. Williams B. of Lincoln, was Published to this purpose. His Majesty considering the good Success of his former Fleet, fits out another in the year 1636, under the command of the Earl of Northumberland, who going Northward, scoured the Seas of the Holland Busses, and reduced them to desire leave of his Majesty to Fish there, which the King upon divers Considerations granted them. Several Gentlemen of Quality had refused to pay the Imposition of Ship-money and among the rest Mr. Hamden of Buckinghamshire, upon which his Majesty refers the whole business to his Twelve Judges in Michaelmas Term 1636; Ten of whom that is, Brampton, Finch, Davenport, Denham, Jones, Trever, Vernon, Berkly, Crawly, Weston, gave their Judgements against Hamden and his Associates, and subscribed their Names to be Enrolled in all the Courts ol Westminster Hall; but Hutton and Crook refused it: This year March the 17. the Kings Kings Third Daughter, the Princess Ann was born. In the Thirteenth year of his Majesty's Reign 1637, Dr. Bastwick, Mr. Pryn, and Mr. Burton received a severe Censure for writing against Bishops and their Government; they being all three Sentenced to pay Five Thousand Pounds Fine to the King, to lose their Ears in the Pillory, and to be Imprisoned, which they accordingly suffered. Bishop Williams of Lincoln having the great Seal taken from him in the first year of his Majesty's Reign, he so deeply resented it, that ever after he studied Revenge; and a Bill being preferred against him in the Star Chamber for some dishonourable Speeches of the King, he endeavoured by some indirect means to clear his Innocence, and was therefore this year sentenced Ten thousand Pounds Fine to the King, Imprisonment in the Tower, during Pleasure, to be suspended ab Officiis, et Beneficiis, from his Bishopric, and the Profits thereof, and to be referred to the High Commission Court as to what concerned them. His Majesty desiring an Uniformity in Religion in England and Scotland (a thing before designed by King James) in pursuance thereof enjoined the Scots the use of the English Liturgy, the Surplice, and other Habiliments, and began first at his own Chapel; and in this year 1637, Proclamation was made that the same Order should be observed in all Churches, wherewith the Bishops were contented, but not the Kirk, nor the People; who were so enraged thereat, that when the Dean of Edenbourgh began to Read the Common Prayer in St. Giles Church with his Surplice on July 13. the Council, Bishops, Lords, and Magistrates, being present: the Women, and then the ordinary sort of men, made such a disturbance and noise with Cursing, Clapping their hands, and so great Rudeness, that nothing could be heard, but their Clamours; upon which the Bishop of Edenbourgh, who was to preach that day, stepped up into the Pulpit to reprove them; which increasing their Fury, they assault him with such a shower of Stones, Seats, Stools, Cudgels, and whatever else was near; that his life was much endangered thereby, and the Archbishop of St. Andrews Lord Chancellor, interposing, was like to have been as rudely handled, had not the Provost, Bailiffs and others with much trouble turned these Rioters out of the Church, the Dean then proceeding to read the Service Book, though not without great noise from the Multitude about the Church. The like disturbance happened in other places, but in the Afternoon the Book was again read without much trouble; after which some of the Disturbers were seized and punished, but with no great Severity; and the Ministers were promised Protection and Maintenance in Reading it; so that all at present seemed calm and quiet, till after Harvest; at which time such a confluence of People came to Edenbourgh, as gave just cause to the Council to fear an Insurrection; to prevent which they Issued out several Proclamations, That no Church matters should be resolved on, but that all persons depart home, unless they can show some cause to the Council, upon pain of Rebellion. Yet this was so little regarded by the People, that the B. of Galloway going the next day to the Council was pursued and assaulted by them even to the Council Chamber; and being with difficulty got in, the House was presently encompassed, and his Person peremptorily demanded; upon which those within required Aid of the Provost and Council of Edenbourgh; but their Condition was as bad, being likewise beset in their Town house by the People, who would not let them go out till they had subscribed, 1. To join in Opposition to the Service Book, and in Petitioning to that purpose. 2. To restore two or three of their silenced Ministers. Which being related to the Council, the Lord Traqnair and another, went in Person to the Town House, where they found the Tumult somewhat quieted by those Concessions; but in coming back, they were furiously assaulted in the Grass-street, and the L. Traquair was trodden under foot, his Hat, Cloak, and white Wand, was taken away, and himself halled to the Council House: The Lords whereof weighing their own danger, sent secretly to some of those Noblemen and Gentlemen who disliked the Service Book, and were then assembled in the common cause against it; by whom they were safely guarded through the multitude, to their several Houses. And now judging themselves secure, they make Proclamation for breaking up all Conventions and keeping the Peace, which had the contrary effect. Two Petitions being presented to them. One from the Common sort of Men, Women and Children, the other in the Name of the Noblemen, Gentlemen and Ministry against the Service Book and Canons: these Petitions were sent to the King, who being offended therewith, adjourned the Term to Sterling, and by Proclamation forbidden upon extremest Penalty, such Tumultuous Meetings: Against which Proclamation the Earl of Hume, the Lord Lindsey, and divers others, made Protestation; and in pursuance thereof they set up Four Tables or Committees, 1. Of the Nobility. 2. Of the Gentry. 3. Of the Barons. 4. of the Ministry; to prepare Matters for the General Council, consisting of several Commissioners taken out of the other. The next year 1638, the Scots entered inta a Solemn League and Covenant to preserve the Religion there protest, resolving to maintain it; and to that purpose, they sent for General Lesly and other Officers from beyond Sea, providing themselves likewise with Arms and Ammunition; whilst D. Hamilton, who was appointed to allay these heats and Distempers, seemed secretly to foment them, by spending a great deal of time in Declarations, Proclamations, Messages and Letters; and afterwards makes such Propositions to the Confederates about calling a General Assembly, as were very distasteful to the Covenanters and increased their Fury: Whereupon Hamilton obtained of the King the Sole and Unlimited Power of Managing that Affair, and then acquainted them with a Declaration which he had procured of the King; That he did discharge the Service Book, Book of Canons, and high Commission and likewise did annul and rescind all Acts for establishing them, and did discharge the urging the Practice of the Five Articles of Perth: and that all Persons whomsoever shall be liable to the Censure of Parliament, General Assembly, or any other Judicatories; according to the Nature of the Offence, That the Ancient Confelsion of Faith and Band annexed, shall be subscribed and received as in K. James time. That a General Assembly be holden at Glafcow, Nou. 21. 1638, and a Parliament at Edenbourgh May, 15. 1639, All former Offences to be pardoned, and a General Fast appointed. This Declaration being published, the Marquis and Council subscribed the Covenanters Confession of Faith, etc. yet still some matter remained for a Protestation, which was read by one Johnson; wherein the People were exhorted to consider with whom they had to deal: and exceptions were made against Bishops, and their Voting in the Assembly: After this they Elect Commissioners for the Assembly, whom they moved to cite the Archbishops and Bishops to appear there, as Guilty Persons; which being refused, they themselves present a Bill of Complaint against them to the Presbytery at Edenbourgh, who accordingly warned them to appear at the next General Assembly: At their Meeting the Bishops sent in a Protestation against their Assembly, which the Covenanters would not vouchsafe to read, but presumed to forbid Six Lords of the Privy Council to fit in their Assembly, though nominated by the King. His Majesty having notice of their proceed, as to the Bishops, and other matters, ordered their Assembly to be dissolved, which was done accordingly Nou. 21. 1638; and the Covenanters immediately according to their usual method, Issued out a Protestation against it, and likewise declared 6 former Meetings (which were opposite to their ways) to be void and of none Effect; and soon after they abolished Episcopacy, and then prepared for a War, as being sensible that the King would maintain the Rights of the Bishops, and would likewise strictly call them to Account for their late Transactions. About this time a Letter was sent by the Scots to the King of France, to implore his Assistance, Signed by several of the Nobility. The King of England prepares an Army for Scotland, with which in the year 1639 he marcheth in Person into the North; but while he stayed at York some of the Scots Nobility tampered with the Eaglish, telling them that the ruin of the Scots would enable the King to be more severe toward his English Subjects; by which Intelligence and Correspondence it was evident that the English had no mind to Fight, though their Army was much stronger than the Scots; whereupon by the Mediation of some Persons a Treaty of Peace was begun, and soon finished; wherein it was agreed, That His Majesty should publish a Declaration, whereby all should be confirmed which his Commissioners had promised in his Name, That a General Assembly and a Parliament be held at Edenbourgh in a short time. And lastly, That upon disbanding their Forces, dissolving their Councils, and restoring the King to his Forts and Castles, etc. the King was to recall his Fleet and Forces, and make restitution of their Goods since the Breach. The King's Declaration was no sooner published, but the Covenanters set forth another Protestation, for adhering to there Assembly at Glasco, and their Covenant; whereupon the King, who intended to be present at their General Assembly, not finding the Scots punctual in performing Articles, and perceiving they would treat of some matters distasteful to him, goes into England; after which the Assembly sat at Edenbourgh, and abolished Episcopacy, the Liturgy, High Commission, and Book of Canons; and then made several demands of the King of a various nature. His Majesty understanding how things went, and that the Scots levied Taxes and prepared Arms, he commanded by his Commissioner, the Earl of Traquair, that their Parliament should be Adjourned for some time; but the Covenanters declared against this Command, and sent a Remonstrance to the King; and afterward Hamilton and Traquair, likewise came to London, where there were such proceed, as did the more exasperate the jarring parties against each other. In this year 1639, a Spanish Fleet of near Seventy Sail, and Twenty five thousand Men, designed to be landed at Dunkirk for the relief of Flanders, were set upon by the Dutch in the Downs, and Eleven of them taken and sent into Holland; three perished upon the Coast of France, one near Dover, and five were sunk in the Fight. What the real intent of this Fleet was, is yet uncertain; for it seemed unlikely that Twenty five thousand Men should be sent only for a Recruit, and the Admiral's refusing to show his Commission when required thereto by the King, makes it seem yet mon suspicious. The Scots Commissioners having delivered their Message, return home to Edenbourgh, Nou. 19 1639. the same night that a great part of the Castle Walls fell down, and the Anniversary of the King Birth day. A while after the King sent the Lord Ostrich, and others, to tepair the Walls, who were resisted by the Covenanters; as not judging the Lord Ostrich to be a fit Governor for the Castle; which Office was designed him by the King. The King being hereat extremely offended, resolved, since fair means would not prevail, to force the Scots to reason, and to that end considers how to make provisions for Men and Money; and calling a secret Cabinet Council, consisting only of Archbishop Laud, the Earl of Strafford, and Duke Hamilton (who drove on his own particular interest) it was concluded. That for the Kings supply a Parliament must be called in England, and another in Ireland; but because the Debates of Parliament would take up some time, it was resolved, that the Lords should subscribe to lend the King money. The Earl of Strafford subscribed Twenty thousand pound, the Duke of Richmond as much; but Hamilton pretended poverty. preserving his money for other uses; the rest of the Lords, Judges, Officers, and other Dependants, and many of the Gentry, yea, even several Popish Recusants, contributed according to their ability. The Scots on the other side foreseeing the storm, prepared for their own Defence, making Treaties in Denmark, Sweden, Holland and Poland; and the Jesuits, who are never idle, did likewise endeavour to foment the differences; to which end Con the Pope's Nuncio, Sir Toby Matthews, Read and Maxwell, two Scots, endeavoured to persuade the discontented People, That the King designed to iuslave them to his will and pleasure. Which practices of theirs were discovered by Andrea's Habernsfield, a Nobleman of Bohemia, who declared, That many of the Nobility of England, and chief Favourites at Court, were consenting to these Transactions, and particularly the Earl and Countess of Arundel, Secretary Windebank, and Endymion Porter. Con also performed the part of a Firebrand, as all his Successors, the Pope's Nuncio's that came after him, did likewise; and had formerly offered a Cardinal's Cap to the Archbishop of Canterbury, in the Pope's Name. In the year 1640, and the Sixteenth of the King, a Parliament was called at Westminster, April 13. in which the Earl of Strafford was highly honoured for his good service in Ireland, in obtaining four Subsidies, to maintain Ten thousand Foot, and Fifteen hundred Horse. And that England might follow this Example, the King tells the Parliament, that if they would supply him, so as to suppress the Insolences of the Scots, he would acquit his claim to Shipmoney, and give satisfaction to their just Demands. By which Proposals the Parliament were sensible of the King's Necessities, and therefore required satisfaction, 1. For clearing the Property of the Subject. 2. For establishing the True Religion. 3. For Privileges of Parliament. But whilst they were debating whether the Grievances of the People or the Kings Supply should be first considered, and Matters were in an hopeful posture, Secretary Vane, either accidentally, or on purpose, overthrew all at once, by declaring that the King required Twelve Subsidies whereas he at that time only desired Six; which so much enraged the House, and made things so ill that by the Advice of the Junto the Parliament was dissolved, having only sat Twenty two days; however the Privy Council likewise advised their Dissolving, being assured the heats in the House of Commons were so great, that they intended that very day to have voted against the War with Scotland; whereby the King would have been in a worse condition than before their sitting. About the same time a Convocation of Bishops sat, with Commission to make such Canons as they judged for the peace of the Church; and amongst other things, they imposed an Oath called, etc. (Et cetera) as an Anticovenant against the Scots; which because it occasioned much difference, may not be unfitly inserted. I A. B. Do swear that I do approve the Doctrine and Discipline or Government established in the Church of England, as containing all things necessary to Salvation; and that I will not endeavour, by myself, or any other, directly or indirectly, to bring in any Popish Doctrine, contrary to that so established; nor will I ever give my consent to alter the Government of this Church by Archbishops, Deans, and Arch Deacons— etc. (Et cetera, and so forth) as it stands now established, and as by right it ought to stand, nor yet ever to subject it to the Usurpations and Superstitions of the See of Rome: And all these things do I plainly and sincerely acknowledge and swear, according to the plain and common sense or understanding of the same words, without any Equivocation mental Evasion, or secret Reservation whatsoever. And this I do hearty, willingly and truly, upon the faith of a Christian. So help me God in Jesus Christ. This Oath was imposed upon all Ministers, and gave great Offence. This was the chief business of this Convocation, which ended May 26, 1640. Arch Bishop Laud by his earnest proceed against Nonconformists and such as were called Puritans, and by his strict enjoining of Ceremonies, especially reviving old Ceremonies, which had not been lately observed, procured much hatred to himself from the People, particularly the Londoners, who had a particular disgust against him, for his severity upon Mr. Burton, Pryn, and Bastwick; insomuch, that upon May 9, 1640, a Paper was fixed upon the Royal Exchange, inciting the Apprentices to rise and sack his House at Lambeth the Monday after; which they were the more inclined to do, because it was reported that he was the chief instigator of the King to dissolve the last Parliament; but the Arch Bishop had notice of their Design, and provided accordingly; however, upon Monday at midnight about Five Hundred of them beset his House, and endeovoured to enter, but were repulsed, and forced to departed; having in some measure vented their Spleen in words, and breaking his Glass-Windows. The next day many of them were apprehended and imprisoned, but three days after they were forcibly rescued from thence by their Companions, who broke open the Prison doors; for which one of the Ringleaders was drawn, hanged and quartered, and his head and quarters set upon London-Bridge. The King grew daily more offended against the Scots, and calls a Select Juncto to consult about them, where the Earl of Strafford delivered his mind in such Terms as were afterward made use of to his destruction; War against them was resolved on, and Money was to be procured one way or other; the City of London was invited to lend, but refused, and pleaded poverty, being distasted i● seems at some proceed in the Star Chamber, about their Plantation of London Derry in Ireland which was judged to be forfeited for some alleged misdemeanours, and the Undertakers fined; yet the Citizens were willing to offer a large Sum, for the building a Magnificent Palace for the King in Saint James' Park, which took no effect: The Gentry contributed indifferent freely; so that with their Assistance the Royal Army was completed, the King himself being Generalissimo, the Earl of Northumberland General, and the Earl of Strafford Leiutenant General; Northumberland falls sick, and therefore the King takes the Command upon himself, and sends away part of the Army, Horse and Foot under the Lord Conway into the North. July 20th 1640. the Queen was delivered of a Son, who was Christened Henry, afterward Created Duke of Gloucester. In the mean time the L. Conway had but ill Success, for having drawn about 1200 Horse, and 3000 Foot to secure the Passes upon the Rive● Tyne, the Scotch Army under their General Lesly advanced thither, better provided then before▪ and August 27, Lesly desired leave of the L. Conway for his whole Army to pass to the King with their Petition, which was denied: whereupon about 300 Scotch Horse attempted to pass the River, but were beaten back by the English Musquetiers, who were placed under a Breast-work. Lesly comes on with his Horse, and charges Commissary General Wilmot, who maintained the ground very stoutly till overborne with multitude and Canon, they were put to a disorderly Retreat, both Horse and Foot; upon which the L. Conway hastes to the King with the unwelcome News; Sir Jacob, Astly. Governor of Newcastle finding himself unable to de●end the place, deserts it, sinking the great Guns ●n the River, whereby Newcastle and Durham, came ●n a short time into the hands of the Scots. And now Strafford comes up, with whom the King retreats ●o York and stays there; while Strafford, who was ●ow sole Commander, charges the whole miscarriage upon Conway, who as stoutly denies it. The King had formerly declared the Scots to be Rebels and Traitors by Proclamation, and commanded that public Prayers should be put up against them in all Churches, but at this time he is contented to treat with them; and to that end he receives a Petition from them complaining of their Grievances: To which he answers by his Secretary of Scotland, that he expects their particular demands, which he receives in three days, all tending to require a Parliament to be called in England, without which there could be no satisfactory redress for them; they had likewise before their March into England published a Declaration, called, The Intentions of the Army, viz. Not to lay down Arms, till the Reformed Religion were settled in both Nations upon sure grounds, and the Causes and Abettors of their present Troubles, that is Archbishop Laud and the Earl of Strafford, were brought to public Justice in Parliament. At the same time Twelve English Peers, that is, the Earls of Bedford, Hartford, Essex, Warwick, Mulgrave, Bristol, Bullingbrook, Say and Seal, Mandevil, Howard, Brook and Paget drew up a Petition which they delivered to the King, for the sitting of the Parliament: After which divers others were presented to the same purpose from the City of London, and several other parts of the Kingdom; all centring in this, that nothing could relieve the Pressures of the Kingdom but a Parliament. To this the King condescends in part, giving hope likewise of further satisfaction ere long; and 〈◊〉 the present Summons the Lords to appear at Yor● Sep. 24. which they did, and upon the first day o● their meeting it was agreed, That a Parliament should be called to meet November 3 following, an● then (for the relief of the North sorely suffering under Leslies' Army, the Bishopric of Durham bein● than taxed 360 l. and Northumberland 300 l. a day, it was resolved, that a Treaty should be set on Foo● and that Sixteen English Lords, should meet with as many Scots, and York was proposed for the plac● of Treaty, which the Scotch Commissioners refused as not judging it safe by reason of the presence o● the Earl of Strafford, who hath proclaimed them Traitors in Ireland, and was now chief Commander of the King's Army, and a Capital Enemy to their Nation, and against whom they had matter of high Complaint; therefore it was concluded to be held at Rippon, where among other things it was agreed that the Scotch Army should be maintained by the English, till the Treaty was ended, and peace secured; that there should be a safe Convoy for all Letters between the Scots and the Parliament of England. The first of these Articles seemed unreasonable and dishonourable to the English Nation▪ and the Earl of Strafford was so offended thereat, that he desired leave of the King to give them Battle, and was willing (as he writ to Archbishop Laud to undertake upon the Peril of his Head with his Army of English Grasshoppers to beat those Sons of Anak home again, for so much Superlour were the Scots then accounted to the English as to matter of Soldiers; but October 16. the English Commanders, whether through Fear, Favour, or out of a Political Maxim not to fight against the Scots, condescended to Articles of Agreement, which were afterward signed by the King himself: This Treaty of Rippon was but previous to another of higher Importance at London for a general concluding and making up all differences between the King and his Subjects of Scotland; during which Treaty James Earl of Montross made several Applications to the King, and by Letters offered his service to him, testifying his disslike of the Scot●ish Proceed; but these his Letters were said to have been secretly taken out of the King's Pockets, and conveyed to the Covenanters by the means of Hamilton; who understanding Montross his design, used all means to render him odious to the People, and so unserviceable to the King. And now the time approached for the sitting of the Parliament, who accordingly met November 3. 1640, which was looked upon by Archbishop Laud as a fatal day for Summoning of Parliaments, in reference to Church matters; the Parliament in King Henry the Eighths' time, which pulled down Abbeys and Monasteries, being likewise Assembled upon November 3. Whereupon he advised the King for luck's sake to put off their meeting for 2, or 3 days, but the King not minding any such Observations, did not regard it. To give some Account of the temper of those times it may not be amiss to repeat the words of a Person of Honour, who was then a Member of the House of Commons, and hath lately published some Passages concerning that Parliament. Never Parliament (saith he) was assembled when the People were in an higher discontent then at this time, such a general Diffidence there was, as they thought themselves sure of nothing; the increase of Ceremonies made them fear the approach of a Religion hateful to them; the la●● business of Ship-money, together with some Imp●sitions, without the consent of Parliament, cause● them to apprehend the loss of Property in the Estates, and they had little hope of Redress 〈◊〉 Parliaments, because his then Majesty had bee● so unhappy as to be put upon a sudden Dissolution of all Parliaments formerly by him called: The● wanted not Persons ill disposed, and seditious 〈◊〉 trumpet these things in the ears of the generalty, whereby they incensed them so far, as there●● they found means to raise a Power against the●● Sovereign. Mr. William Lenthal was Chosen Speaker of th● House of Commons, and the King in a Speech t●●● them that the Scottish Troubles were the Cause o● their present Meeting, and therefore requires the● to consider of the most expedient means for ca●●ing them out, and then promises that he will hearty and clearly concur with them for the satisfying their just Grievances: After which, he ga●● them an Account of his want of Money for th● Maintaining of his Army, and how dishonourabl● it would be to the English Nation, if his Arm● should be disbanded before the Scots were put ou● of the Kingdom; and desired them to consider o● the Oppression of the Northern Countries during th●… Treaty. It was ill resented by many that the King should call the Scots Rebels, whereupon he took occasion to tell them that he must needs call them Rebels as long as they have an Army which did invade England. The Commons than Voted down all Monopolies, and all such Members as had any benefit by them were expelled out of the House; Complain● was made in the House of Lords against Sir William Beecher one of the Clerks of the Council, for violating their Privileges, in searching the Earl of Warwick's and the Lord Brooks Studies, Cabinets and Pockets, upon the dissolving the last Parliament; upon which he was committed Prisoner to the Fleet, though he pleaded the Command of the Secretary of State for his so doing. The Earl of Strafford is Impeached of High Treason by the Commons in the House of Lords, whereupon he is sequestered from the House and likewise his Friend Sir. George Ratcliff is sent for out of Ireland by a Sergeant at Arms: In the mean time the Bishop of Lincoln, who was Prisoner in the Tower is released; and likewise Mr. Pryn and Mr. Burton, who are brought in great Triumph to London; and December 3. they presented their Petition against their Prosecutors. And now the Papists began to fear a Cloud, for Justice Howard was to deliver up a Catalogue of all Recusants within the Liberties of Westminster, to prevent which he was stabbed by one Mr. John James in Westminster hall; for which he was imprisoned in the Gatehouse in order to a more severe punishment: But Sir Francis Windebank Secretary of State, fearing to be called to Account by the Parliament for reprieving Jesuits and Priests, which he knew would be produced against him, if not worse matters; fled privately into France. December 7th the Commons Voted Ship-money, with the Opinion of the Judges thereupon, to be Illegal; and a Charge of High Treason was ordered to be drawn up against eight of them; and they resolved to begin with the Lord Keeper Finch. December 11th Alderman Pennington and some hundreds of Citizens presented a Petition, subscribed by 15000 Hands, against Church Discipline and Ceremonies, and a while after the House of Commons Voted, That the Clergy in a Synod or Convocation have no power to make Canons or Laws without Parliaments; and that the Canons are against the Fundamental Laws of this Realm, the King's Prerogative, the Property of the Subject, the Right of Parliaments and tend to Faction and Sedition. In pursuance hereof a Charge was ordered to be drawn up against Archbishop Laud as the principal framer of those Canons, and other Delinquencies; which Impeachment was seconded with another from the Scotch Commissioners; upon which he was committed to the Black Rod, and 10 weeks after Voted Guilty of High Treason and sent to the Tower, The Scots likewise prefer a charge against the Earl of Strafford then in Custody, requiring Justice against them both, as the great Incendiaries, and Disturbers of Church and State, and Sir George Ratcliff the Earls Bosom Friend, had Articles also drawn against him to this purpose. That he had conspired with the Earl to bring Ireland under an Arbitrary Government, and to subvert the Fundamental Laws, and to bring an Army from Ireland to subdue the Subjects of England. That he persuaded the Earl to use Regal Power and to deprive the Subjects of their Liberties and Properties. That he countenanced Papists, and built Monasteries, to alienate the Affections of the Irish from England. That he withdrew the Subjects of Scotland from their King. And lastly, That to preserve himself and the Earl of Strafford, he laboured to subvert the Liberties and Privileges of Parliament in Ireland. The Lord Keeper Finch was the next Person designed to be censured. and notwithstanding a Speech made in his own Vindication, he was Voted a Traitor upon several Accounts; and among the rest, for soliciting, persuading, and threatening the Judges to deliver their Opinions for raising Ship-money, and for several ill Offices done in moving the King to Dissolve the last Parliament, and causing the publishing the King's Declaration thereupon. Next day he was accused before the Lords, but he foresaw the Storm, and went over into Holland. The Parliament having now removed their Enemies, and increasing in Reputation, were designing a Bill for a Triennial Parliament; for promoting which, Petitions came from divers places, one whereof was subscribed with 800 Hands directly against Episcopacy, which the King took notice of; and calling both Houses together, tells them, Of their slowness and the charge of Two Armies in the Kingdom, and that he would have them avoid two Rocks, the one about the Hierarchy of Bishops, which he was willing to Reform but not to alter; The other concerning frequent Parliaments, which he liked well, but not to give his Power to Sheriffs and Constables. About this time one Goodman a Popish Priest, condemned at the Sessions in London, was reprieved by the King; upon which both Houses petitioned to know who were the Instruments of it; and receiving an unsatisfactory Answer, they Remonstrated against the Toleration of Papists, and the Pope's Nuncio Rosetti, and this Goodman, whom they desired might be left to the Justice of the Law, To this the King answers, That the increase of Popery and Papists in his Dominions, is extremely against his mind, and that he would use all possible means for the restraining of it: As for the Pope's Nuncio Rosetti, he had no Commission, but only to preserve Correspondence between the Queen and the Pope, which was allowed her by the Articles of Marriage, however he had prevailed with her to remove him and is contented to remit the particular Case of Goodman to both Houses. The Scots had been now quartered in England five months, during which a Cessation had been concluded at Rippon, but the full Pacification was reserved for London, where Commissioners sat on both Parties to hear the Demands of the Scots, and to make answer thereunto. After which the Scots presented the great Account of their Charges, which was Five hundred fourteen thousand, one hundred twenty eight pounds nine Shillings, besides the loss of their Nation, which was Four hundred and forty thousand pounds. This Reckoning startled the English Commissioners, till the Scots told them, They did not give in that Account as expecting a Total Reparation of their Charges and Losses, but were content to bear a part of it; hoping for the rest, from the Justice and Kindness of England, There was some opposition made to the Demands, however Moneys were raised for the present from the City of London, for the Supply of both the Northern Armies, as the Parliament had done once before. At this time a Match was propounded between the young Prince of Orange and the Lady Mary, Eldest Daughter to the King, which his Majesty liked well of, and communicated it to the Parliament; with whom it found an unanimous and general Reception, in regard of the Alliance to be thereupon concluded with the State's General; and likewise that he was of the same Protestant Religion with England, so that the Marriage was soon concluded. Presently after four Members of the Commons delivered a Message to the Lords of a Popish Design of Levying an Army of Fifteen thousand in Lancashire, and Eight thousand in Ireland, and that the main promoters thereof were the Earls of Strafford and Worcester. In February Sir Robert Berkly, one of the Judges about Ship-money, was accused of High Treason, and committed Prisoner to the Black Rod. In this Month the King passed that Act for a Triennial Parliament, and to let them know what value he put upon this great favour his Majesty told the Two Houses, That hitherto they had gone on in those things which concerned themselves, and now he expected they should proceed upon what concerned him. The King then likewise signed the Bill of Subsidies, which gave them such universal content, that Sir Edward Littleton Lord Keeper, was ordered To return the Humble Thanks of Both Houses to his Majesty at Whitehall. Upon which there were Bonfires and Bells ringing in and about London, in the same manner as formerly upon granting the Petition of Right. March 1, 1640, Archbishop Laud upon an Accusation of High Treason by the Commons, was committed to the Tower: And now Episcopacy itself was called in question, and though the Lord Digby made a witty and weighty Speech in Defence of it, and Archbishop Usher gave his Judgement for the Moderation and Emendation of it and the Liturgy, not the Extirpation thereof; yet the Wings of Episcopacy were shrewdly clipped, for March 10 the Commons Voted, That no Bishop should have any Vote in Parliament, nor any Judicial power in the Star Chamber, nor be concerned in any Temporal matters; and that no Clergyman should be a Justice of Peace. Upon Monday March 26, 1640. the Earl of strafford's Trial began in Westminster-hall, the King, Queen, and Prince being present; and the Commons likewise being there as a Committee at the managing their Accusation; the Earl of Arundel was Lord High Steward, and the Earl of Lindsey Lord High Constable, the Earl of Strafford though he had but short warning, yet had gotten his Defence ready against the time. The Accusation was managed by Mr. Pym, consisting of Twenty eight Articles, to most of which the Earl made Particular Replies. But the Commons were resolved to prosecute him to the utmost, and had therefore procured the Parliament of Ireland to prosecute him there also, as guilty of High Treason; which being unexpectedly produced, extorted from the Earl this passionate Expression, That there was a Conspiracy against him, to take away his Life. At which the Commons cried out against him, That standing Impeached of High Treason, he durst accuse the Parliament of two Kingdoms of Conspiracy against him. But besides all these, certain notes were produced against him, which were taken by Sir H. Vane in a close Committee of select Counsellors, whom the King had chosen to consult about his second Expedition against the Scots; out of which it was alleged against the Earl, That he had given the King advice to borrow an Hundred thousand pound of the City of London, To levy Ship-money rigorously; and that his Majesty having tried the Affections of his People, was absolved and loosed from all Rules of Government, and might do what power would admit; and having an Army in Ireland, might employ it for the reducing of this Kingdom, which he was sure could not hold out five months: And London being full of the Nobility, the Commission of Array was to be set on foot, and all Opposers thereof to be severely dealt with. To this the Earl replied, That he conceived it lawful for a Privy Counsellor to have freedom of Voting with others; and as to the matter of the English Army, he thought that the single Testimony of one man (Secretary Vane) was not of Validity in Law, much less in Life and Death, and that the Depositions of Secretary Vane was doubtful, as appeared by several Examinations, and that there were present at the Debate but eight Privy Counsellors, whereof two were not to be produced, and four others declared upon their Honours that they never heard him speak those words, or any like them; and lastly that if he had spoken them (which he yet granted not) that the word This Kingdom, could not imply England, the debate being concerning Scotland, there being not the least intention of Landing the Irish Army in England; and concluded his Defence with telling the Lords, that he was accused as guilty of Treason for endeavouring to subvert the Fundamental Laws of the Land, but it seemed strange to him that it should be Treason together which was not Treason in any part; and lastly, desired the Lords to consider how their own Privileges, and other Ministers of State, would suffer by his Condemnation. The Commons must now justify their Charge by Law, to which end they produced the Salvo annexed to the Stat. of 25 Ed. 3. The words were these, Because all particular Treasons could not be then defined; therefore what the Parliament should declare to be Treason, in time to come should be punished as Treason; And so this Salvo was to be the Ground work of the Bill of Attainder. This being a point of Law, the Earl had Council allowed him, who answered on his behalf, That the Statute which they cited was but a Declarative and a Penal Law, awd would not way admit of such Consequential and Inferential Constructions, and that this Salvo was repealed by an Act of Parliament in the Sixth of Henry the fourth. And so the Court Adjourned without prefixing any time of Meeting; for the Commons proceeded to dispatch their Bill of Attainder, and April 19, 1641, they Voted the Earl Guilty of High Treason, upon the Evidence of Secretary Vane and his Notes; And upon the 25th. they passed the Bill and sent to the Lords for their Concurrence, to whom it seemed at first so perplexed a business, that the Commons were forced to send Mr. Saint John the King's Solicitor, to confer with them about it, who gave them such satisfaction, that thence forward they shown greater propensity to the Earls Condemnation. In the mean time the Commons petitioned the King, 1. To remove all Papists from Court. 2. For disarming of them generally throughout the Kingdom. 3. For disbanding the Irish Army. To which the King answered, 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. As for the second he is content it shall be done by Law. And for the last, he had entered into Consultation about it, finding many difficulties therein, and doth so wish the disbanding of all Armies, as he did conjure them speedily and hearty to join with him in disbanding those two here, Scots and English. The House of Commons having finished their Bill of Attainder against the Earl of Strafford, and the King fearing the Conclusion, and being willing to do some good Office to him, His Majesty May 1, 1641, calls both Houses together, and in a Speech tells them, That he had been present at the hearing of that great Cause, and that in his Conscience, positively he could not condemn him of High Treason, and yet could not clear him of misdemeanours; but hoped a way might be found out to satisfy Justice and their fears without oppressing his Conscience. And so he dismissed them to their great discontent, which was propagated so far, that May 3. near a Thousand Citizens, most of them armed with Swords, Cudgels, and Staves, came thronging down to Westminster, crying out for Justice against the Earl of Strafford; especially applying themselves to the Earl of Montgomery, Lord Chamberlain by whose persuasions, and promises their fury was partly abated: However they posted upon the Gate at Westminster a List of the Names of those who would have acquitted the Earl, whom they styled Staffordians. The Parliament being Informed that some endeavours were used, to raise a Disgust in the English Northern Army against their Proceed, they now enter into a National Protestation to maintain with Life, Power, and Estate the True Reformed Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery and Popish Innovations: Which was ordered to be printed and published through the Kingdom. May 5. The Lords acquainted the Commons, That they thought it the safest course to lay by the Bill of Attainder, because it brought in the King for Judge: And the next day they debated the several Articles of his Impeachment, and voted the Earl guilty of High Treason upon Two of them, that is the 15th. For Levying of moneys in Ireland by force in a Warlike manner; And the 16th, For Imposing an Oath upon the Subjects of Ireland. The Commons had now finished a Bill, For the Continuance of the Parliament; which having passed the Lords, was tendered to the King to be signed; together with the Bill of Attainder, His Majesty answered, That on Monday following he would satisfy them; and on the Sunday before the King spent the whole day in consulting about the Earl of Strafford with the Judges and Bishops: The Judges told him, That in point of Law (according to the Oath made by Sir H. Vane of the Earls advice, to raise Horse to awe this Nation) he was guilty of Treason. In the evening the Five Bishops, viz. of Armagh, London, Durham, Lincoln, and Carlisle, were called in to the King to satisfy his Conscience about it, who all agreed, That the King might show mercy without any scruple, and that he could not condemn the Earl, if he did not think him Guilty: This was to matter of Fact, but as to matter of Law, He was to rest in the Opinion of the Judges. Monday May 10. The King gives Commission to several Lords to pass Two Bills, one the Bill of Attainder against the Earl of Strafford: The other, For Continuing the Parliament during the pleasure of both Houses; Which last Act was occasioned for satisfying the Scots, who required Vast Sums of Money; and for disbanding both the Armies: whereby great Taxes were laid upon the People by Act of Parliament, which could not possibly be levied in a short time, and therefore there needed a present Supply from the City of London, who (as it was alleged) would not part with their money, lest a Dissolution of the Parliament should happen before payment; upon which Account the King was pressed to pass this Act. The same day the Bill was passed against the Earl of Strafford, the King sent Sir Dudley Carlton, Secretary of State, to acquaint the Earl with what was done, and the motives thereto, whereat the Earl was greatly astonished; but the next day the King being troubled, writes a Letter with his own hand to the House of Lords, and sent it by the Prince of Wales, telling them, That whereas Justice had been satisfied in his Condemnation, an intermixture of mercy would not now be unseasonable; and therefore he desired them, that if it might be done without any discontent to the People, the Earl might be permitted to fulfil the Natural Course of his Life in close Imprisonment, sequestered from all Public Affairs, provided he never attempted to make an Escape; however he thought it a work of Charity to repreive him till Saturday. But nothing could be obtained in favour of him, but that the Lords said, Their Intention was to be suitors to His Majesty to show favour to his innocent Children, and that whatever provision himself had made for them, it might be confirmed. Some Designs were said to have been laid for his Escape, however May 12, 1641, the Earl of Strafford was conveyed from the Tower by a Guard consisting of the Trained Bands, Marshals men, Sheriffs Officers, and Warders of the Tower. Before him went his Gentleman-Usher bore headed, and he himself followed, accompanied with the Archbishop of Armagh and others. As he went along he passed by Archbishop laud's Lodging, and spying him at the Window, he called to him for his Prayers and his Blessing; but the Bishop at the sight of him was so surprised that for some time he could not recollect himself, and being reprehended by his Friends of an undecent Pusillanimity, He Replied; That he doubted not but when that bitter Cup should come to his turn, he should taste it with a most Christian Courage, The Earl being come to the Scaffold upon Tower-hill, addressed himself to the Archbishop of Armagh to this Effect, That he was come to pay the la●● Debt he owed to Sin, with a good hope of rising again to Righteousness: That he died willingly, forgave al● and submitted to Justice: He professed himself guiltless as to the matter for which he died; He wished a●● prosperity to the King and People; and acquitted him from the guilt of his death, as having acted therein no otherwise then as constrained: He advised his Adversaries to repent of their Violent Proceed against him; and telling them that he thought it a strange wa● to write in Blood the beginning of Reformation and Settlement of the Kingdom. However he wished that hi● Blood might rest, and not cry against them. He declared, He died in the Faith of the Church of England for whose happiness he prayed, and concluded his Speech with entreating the Spectators to pray for him. After which he kneeled down to Prayer, and rising up again took his last leave of his Brother Sir George Wentworth and all his Friends, sending his Love to his Wife, and his Blessing to his Children; with a most strict Injunction to His Only Son, Never to meddle with the Patrimony of the Church: And the● giving the sign to the Executioner, his head wa● severed from his body at the first stroke. This was the end of that Great and Able Minister of State, who is reported when he heard the, King had consented to the Bill of Attainder, to have lift up his Eyes to Heaven, and clapping his hand upon his heart, to have cried out (perhaps in imitation of Cardinal Woolseys' Complaint) Put not your Trust in Princes nor in the Sons of Men, for in them is no Salvation. And indeed it seemed very hard that he should be made guilty of High Treason by a Bill framed on purpose, without former Precedent; and to which His Majesty's Consent was in a manner extorted, and which he afterward bewailed with great remorse of Conscience, though it is said the King was not so much convinced by any thing said to him, but the chief Motive was a Letter from the Earl, wherein he thus concluded. Sir, (To set your Majesty's Conscience at Liberty) I do most humbly beseech you, for the Preventing of such mischiefs as may happen by your refusal to pass the Bill, by this means to remove praised be God (I cannot say this accursed but) this Unfortunate Thing, forth of the way, towards that blessed Agreement which God I trust shall forever establish between You and Your Subjects. My consent herein shall more acquit you to God, than all the world can do beside: To a willing man there is no injury done. His Character is Expressed by the King his Master, in his Eikon Basilike, who said, He looked upon the Earl of Strafford as a Gentleman whose great Abilities might make a Prince rather afraid than ashamed to Employ him in the greatest Affairs of State. The fall of this powerful man so startled other great Officers of State, that several resigned their places: About the same time some discontents arose between the Parliament and the English Army in the North, but a while after both Armies were disbanded. The payment of Tonnage and Poundage had been much questioned since 1628., but now the King at the request of the Commons was content to relinquish his Claim to it, and afterward pasied a Bill for Pole-money, and two others for putting down the Star chamber and High Commission Courts; which had proceeded with too much severity, having so far out grown the power of the Law, that they would not be limited nor guided by it. July 5. A Charge was brought into the House of Commons against Dr. Wren Bishop of Ely, being accused of some Treasonable Misdemeanours in his Diocese; who thereupon Voted him unworthy and unfit to hold or exercise any Office or Dignity in Church or State, and desired the Lords to join with them, to request the King for his Removal from his service; and so he was committed to the Tower, and about the same time the Writs for Ship money, and all the Proceed therein were by the Kings consent adjudged void; and 5. of the Judges that gave their Opinions for it, were Impeached of high misdemeanours; that is Bramston, Trevor, Weston, Davenport, and Crawly; and Berkly another of the Judges was accused for Treason, but no further prosecution was made therein. August 6. Both the English and Scotch Armies were disbanded, and four-days after the King went toward Scotland and was entertained with great demonstrations of Affection by that Nation, and conferred several Places of Honour and Power upon divers of them; confirming likewise the Treaty between the two Nations by Act of Parliament. October 23, 1641. A Horrid and Notorious Rebellion broke out in Ireland, which was managed with such secrecy, that it was not discovered till the night before it was to have been put in Execution; which was in divers places carried on with such fury, that Two hundred thousand English Men, Women, and Children, were in a short space barbarously murdered by all manner of most cruel torments that their Deulish minds could invent. And this was chief occasioned by the Instigation of the Irish Popish Priests, Monks, and Friars, who every where declaimed loudly against the Protestants, saying, That they were Heretics, and not to be suffered any longer to live amongst them, That it was no more sin to kill one of them then to kill a dog; and that it was a mortal and unpardonable sin to relieve or protect any of them. Yea the Priests gave the Sacrament to divers of the Irish, upon Condition they should spare neither Man, Woman, nor Child of the Protestants, saying, That it did them a great deal of good to wash their hands in their blood; and that they were worse than Dogs; and if any of them died in the Quarrel, before their bodies were cold, their souls should be in Heaven without ever calling in at Purgatory by the way. This bloody Rebellion happened in a time wherein the Irish had all the Privileges and Liberty they could reasonably expect, and the ancient hatred which the Irish had born to the English did now seem to be forgotten, Forty Years of Peace having compacted and cemented them together, both by Alliances and Marriages, which were all now miserably broken and destroyed. The Castle of Dublin, wherein were Ten thousand Arms, and all other Forts and Magazines in the Kingdom, were to have been surprised, and all the English Protestants that would not join with them, were to be murdered; but the seizing of the Castle was happily prevented by one Owen Conally, from some discourse accidentally in a Tavern with one Hugh Mac Mahon, Grandson to the Great Earl of Tyrone, the night before the intended Execution. Upon this Discovery Mac Mahon and Lord Mac-Guire, were seized by the Lord Chief Justices of Ireland, and many Principal Conspirators escaped that night out of Dublin, so was Dublin saved, that all Ireland might not be lost in one day. But the horrid Design was past prevention as to the General, for the Conspirators were in Arms at the day appointed in all the Counties round about, and poor English Protestants daily arrived there, rob and spoiled of all they had; giving lamentable Relations how their Houses were seized, the Towns and Villages fired, and in all parts all manner of cruel Outrages and Villainies committed. The Lords Justice's Sir William Parsons and Sir John Burlace, taking those Arms which they found in Dublin, and Arming whom they could to defend themselves, sent Sir Henry Spotswood to the King then in Scotland, with an Account of all that happened, who dispatched Sir James Stuart with Instructions to the Lords of the Privy Council in Ireland, and to carry all the Money his present Stores would supply. He likewise moved the Parliament of Scotland (as being nearest) for their assistance, but they excused it, because Ireland was a dependant upon the Crown of England; but if the State of England would use any of their men for that service, they would make Propositions in order to it. At the same time likewise, the King sent Post to the Parliament of England, and a while after Owen O Conally the First Discoverer of the Plot, came to London and brought Letters to the Earl of Leicester (who was chosen Deputy, but not yet gone over) wherein the Lords Justices desired some Reward might be given him; upon which the Parliament Voted him a Gift of 500 l. and an Annuity of 200 l. a year, and at a Conference of both Houses they passed several Votes for the Relief of Ireland, yet little was done till the King's return from Scotland, which was about the end of November. The Irish, to dishearten the English from any resistance, bragged, That the Queen was with their Army, That the King would come amongst them also, and assist them; That they did but maintain his Cause against the Puritans: That they had the King's Commission for what they did (showing indeed a Patent themselves had drawn, but thereto was affixed an Old Broad Seal which had been taken from an Ancient Patent out of Farnham Abbey by one Plunket in the presence of many of their Lords and Priests, as was afterwards attested by the Confession of several:) That the Scots were in the Confederacy with them; And to seem to confirm this last, they abstained for some time from destroying the Estates or murdering any of that Nation: And on the otherside, to encourage the Irish, they produced pretended Letters; wherein they said they were informed from England, That the Parliament had passed an Act, all the Irish should be compelied to the Protestant worship, and for the first offence in refusing, to forfeit all their Goods, for the second their Estates, and for the third their Lives; And besides this they presented them with the hopes of Liberty, That the English Yoke should be stricken off; That they should have a King of their own Nation, and that then all the Goods and Estates of the English should be divided amongst them. With these Motives of Spoil and Liberty, which were strengthened by the former, of Religion, the Rebellion increased. The Rebels in Ulster commanded by Sir Phelim O Neal, assisted by his Brother, the Brother of the Lord Mac Guire, Philip O Rely, and several others, had possessed most of the strong places in that Province; and many other, which they could not take by force nor treachery, were delivered to them by the English upon Articles, which they afterwards like true (or rather false) Papists, most perfidiously broke; Butchering and Massacring the poor English without pity or compassion to Age or Sex; though they still spared the Scotch Plantations in Ulster, because of their Numbers, and likewise for fear of the Scotch Army, so easily to be transported to the North parts of Ireland: But now their General Sir Phelim O Neal (one of the Race of the late Bloody Earl of Tyrone, (a pretended Protestant till some time before) having got together a vast number of the Natives, fell upon them and destroyed their Houses and Goods; and though they did not exercise that Cruelty on their Bodies, yet they stripped them and drove them Naked to the Scotish Shore; from thence he marched into other parts, and took Dundalk, encamping at Arde near Tredagh. The King finding his stay to be longer than he thought left the whole business of Ireland to the Parliament, who declared a speedy and vigorous Assistance, and Voted Fifty thousand Pound for a present Supply: By which time the Lords of the Council of Ireland had Armed as many as were able, and given Commissions for raising several Regiments, of whom the Earl of Ormond was made Lieutenant General, and a Regiment was sent from England under Sir Simon Harcourt; about which time the King returned out of Scotland, and was Entertained and Feasted at London, and from thence Conducted to White-Hall: after which the King Treated several Chief Citizens at Hampton Court, where divers of the Aldermen had the honour of Knighthood. December 2. The King Summons both Houses together, and tells them, That he had stayed in Scotland longer than he expected, yet not fruitlessly, for he had given full satisfaction to that Nation; but cannot choose but take notice of, and wonder at, the unexpected Distractions he finds at home; and then commends to them the State of Ireland: next he publishes a Proclamation for Obedience to the Laws, in force concerning Religion, and the performance of Divine Service without Innovation or Abolishing of Rites and Ceremonies. January 20, His Majesty makes another Speech to them, and Conjures them by all that is dear to him or them, to hasten the business of Ireland. After which the Commons ordered a Select Committee to draw up a Petition and Remonstrance to the King; the Petition was thus, Most Gracious Sovereign, your Majesty's most humble and faithful Subjects the Commons in this present Parliament Assembled, do with joy acknowledge the Favour of God in your safe return into England, where the dangers and distempers of the State have caused them to desire your Presence and Authority to your Parliament, for preventing of imminent Ruin and Destruction to your Kingdoms of England and Scotland, fomented by a malignant party, for alteration of Religion and Government, the increase of Popery by the Practice of Jesuits, and other Engineers and Factors of Rome, corrupting the Bishops and Privy Council; they being the cause of the late Scottish War, and the Irish Rebellion: Now for prevention, they pray, That your Majesty would concur with your Parliament to deprive the Bishops of their Votes, To take away Oppression in Religion, Church Government, and Discipline, To purge your Councils of such as are promoters of these Corruptions, and not alienate any Escheated Lands in Ireland by reason of the Rebellion! and these being granted, we will make you happy, This was followed by a large Remonstrance, containing all the Miscarriages and Misfortunes (which they termed Pressures) since the beginning of his Majesty's Reign, As 1. The root and ground of these dangers. 2. Their Maturity and Ripeness. 3. The effectual means used for their Extirpation, and the progress therein made: 4. Th● Obstructions and Oppositions interrupting. 5. Th● best means for removing these Obstacles, and fo● accomplishing the Parliaments good Intentions for restoring this Nation to its Ancient Renown The Actors and Promoters of these Evils, wer● described to be, 1. The Jesuited Papists. 2. Th● Bishops, and corrupted Clergy. 3. Interested Counsellors, and Courtiers. The root of the mischief was, the Malignant Party, whose Practice● were branched into four particulars: 1. To foment differences and discontents between th● King and People about Prerogative and Privilege for their own Advantages. 2. To suppress th● purity and power of Religion. 3. To Unite and Conjoin Papists, Arminians and Libertines, and out of them all to compose a Body sufficient to carry on their Designs. And 4. To disaffect the King to the Parliament, by Slanders and by putting him upon other ways of Supply than by Parliament; and that the Intentions of these Malignants were to subvert the Fundamental Laws and Principles of Government: They then charge this Malignant Party more particularly; as chief occasioning the Dissolution of three several Parliaments without Relief of Grievances. The Imprisoning and Fining several of the Members, raising great Sums of Money by Loan, Privy Seals, and Excise, and blasting The Petition of Right, The successless Attempts upon France and Spain, and Peace made with the Spaniard without consent of Parliament: The loss of Rochel occasioned by lending part of our Fleet to the French King, deserting the cause of the Palatinate, charging the Kingdom with Billeting Soldiers, and the Design of bringing in Germane Horse to enslave this Nation to Arbitrary Contributions: Lastly they reflect upon Scandalous Declarations published against the Parliament, upon Injustice, Oppression, Violence, Illegal Inlargements of Forests, Coat, and Conduct Money, Corrupt Councils and Designs, Projects, Monopolies, Illegal Proceed in Courts of Judicature, and Council Table; charging the Bishops likewise with many Enormities, particularly for contributing to raise an Army for constraining the Scots to conform to their Superstitious Ceremonies; concluding with what they have done for the Reformation of these Abuses. To their Petition the King returned this Answer, That he knows not any Wicked or Malignant Persons whom he doth either countenance or employ; That he would concur with his People in a Parliamentary way against all Popish Designs, but would not consent to deprive the Bishops of their Votes in Parliament: That he judged the power of the Clergy sufficiently moderated by taking away the High Commission Court, and needing no further Abridgement; That he was willing to concur with them for removal of any Innovations in Religion by a National Synod; That he had no Counsellors nor Ministers of State whom he would not at any time expose to Trial, and leave to the Law, but cannot agree that any others should have the choice of them but himself, That he concurs with them for not altering the Forfeited Lands in Ireland, but thinks it not reasonable to resolve, before the Event of War be seen; and doubts not of their Loyal Endeavours for the support of his Royal State. In Answer to the Remonstrance, the King Issues out a Declaration to his Subjects, the Sum of which was, That he thought he had given sufficient satisfaction to his People's Fears and Jealonsies, concerning Religion, Liberty, and Civil Interests, by the Bills which he had passed this Parliament; desiring that misunderstandings might be removed on either side, and that the bleeding Condition of Ireland might persuade them to Unity, for the relief of that unhappy Kingdom. Not long after happened the Insolent Tumults of the London Apprentices, who in a riotous manner went to Whitehall and Westminster, to the great disturbance of the King; who thereupon commanded the Lord Mayor, and Common Council to keep a double Watch and Guard, for preventing mischief; and Dec. 28. the King sends a Message to the Lords, That he would raise Ten thousand Volunteers for Ireland, if the Commons would undertake to pay them: On New-year's day a Proclamation was published against the Irish, declaring, Those that were in Arms, with all their Adherents and Abettors, to be Rebels and Traitors: Two days after, the King upon Information that the L. Kimbolton, and Five of the House of Commons, viz. Mr. Hollis, Sir Authur Haslerig, Mr. Pym, Mr Hamden, and Mr. Stroud, had correspondence with the Scots, and countenanced the late City Tumults, He thereupon ordered their Trunks, Studies, and Chambers to be Sealed up, and their Person Seized; the former of which was done, but having timely notice they went aside; upon which the Commons Voted the same day, That if any Persons shall Attempt to Seize the Persons or Papers of any Parliament Men, such Members shall require the Aid of the Constable to secure such Persons till further Order of the House; and that it is lawful for any person to Assist the said Members, and that the said Members may stand upon their Guard, and make resistance according to the Protestation for defence of the Privileges of Parliament. Hereupon the King charges the L. Kimbolton and the 5 Members with several Articles, and Acquaints both Houses, That he did intent to prosecute them for High Treason, and required that their Persons might be secured: And the next day the King Attended with his Guard of Pensioners, and some Hundreds of Gentlemen, went to the House of Commons, and the Guard staying without, the King with the Palsgrave, entered the House, at whose entrance the Speaker rises out of the Chair, and the King sitting down therein, Views the House round, and perceives the Birds he aimed at were flown, for having warning they had withdrawn into London; whereupon he tells them, That he came to look for those 5 Members whom he had accused of High Treason and was resolved to have them where ever he found them; and expected to have them sent to him as soon as they should come to the House; but would not have them think that this Act of his was any Violation of Parliament. This Act of the Kings was so highly resented by the House, that the next day January 5, the Commons Voted it a Breach of Privilege, and Scandals were raised in the City, that he intended Violence against the House of Commons, and came thither with force to Murder several Members, and used threatening Speeches against the Parliament; with which the City was so possessed, That unusual Guards and Watches were set, as if some desperate Assault were to be made upon the City, and the Houses Adjourned till the Tuesday following, appointing a Committee in the mean time to sit at Guildhall to consider of the most Effectual Means for their Security. And then they publish a Declaration, That whosoever shall Arrest any Member of Parliament by Warrant from the King only, is Guilty of the Breach of Privileges of Parliament; and likewise that all those who attended the King when he came to demand the 5 Members, were Guilty of a Traitorous Design against the King and Parliament, That the Proclamation for Apprehending and Imprisoning the said Members, was False, Scandalous, and Illegal, and not of Validity enough to hinder them from attending the House; and that the publishing of the several Articles of High Treason was a Breach of Privilege; wherefore they entreat his Majesty, to discover the Names of those Informers and Evil Councillors; declaring all such Persons to be public Enemies to the State. In the mean time the Londoners came thronging to Westminster with Petitions, inveighing bitterly against some of the Peers, but especially the Bishops, whom they affronted as they went to the House; upon which they were so affrighted, that Twelve Bishops absent themselves from the House of Lords, drawing up a Protestation against all Laws, Orders, Votes, Resolutions, and Determinations, as in themselves null and of none effect, which had passed, or should pass, during their forced Absence; desiring their Protestation might be entered by the Clerk of the House of Peers. Presently after which, at a Conference between both Houses, it was agreed, That this Protestation of the Twelve Bishops, did extend to the deep entrenching upon the fundamental Privileges and Being of Parliaments; and in a short time they were accused of High Treason, seized and brought on their knees at the Lords Bar: Ten of them were committed to the Tower, and the other two, in regard of their Age, to the Black Rod. The King at this time, thinking himself unsafe without a Guard, accepted of the offer of some Gentlemen of the Inns of Court to be a Guard to him, which instead of security, was by subtle men made more prejudicial to the King, by taking this occasion, to raise the rage and jealousy of the City against him; for at midnight there were cries made ●n the Streets of London, That all People should rise ●o their Defence, for the King, with his Papists, were coming to fire the City, and cut their Throats in their Beds; than which, though nothing were more false, yet it found the effects of truth; and the People by such Alarms, being terrified from sleep, the impressions of those night fears lay long upon their Spirits in the day, and filled them almost with madness; of which the King complained to the Common Council of London. But the House of Commons, to obviate this, upon suspicion of some design upon their persons, petition the King for a Guard, to be commanded by the Earl of Essex, of whose fidelity to the King and State, no question was ever made. This Petition was denied by the King, as not willing to have them too strong, yet promised to take such care for their security from Violence, as he would for the preservation of Himself and Children; and if this general Assurrnce would not suffice to remove those Apprehensions, he would command such a Guard to wait upon them, as he would be responsible for to Almighty God. This Answer being unsatisfactory, the City join with them, and in their Common Council drew up a Petition, complaining, That the Trade of the City was decayed, to the utter Ruin of the Protestant Religion, and the Lives and Liberties of the Subjects, by the Designs of Papists, Foreigners and Domestics (more particularly their fomenting the Irish Rebellion) by changing the Constable of the Tower, and making preparations there, By the fortifying of Whitehall, and his Majesty's late Invasion of th● House of Commons. Whereupon they pray, Tha● by the Parliaments Advice the Protestants in Ireland may be relieved, the Tower to be put into hands of Persons of Trust, a Guard appointed for the safety of th● Parliament; and that the Five Members may not be restrained nor proceeded against but by the Privileges of Parliament. And besides this, The King riding into London, the Citizens in multitudes flocke● about his Coach, beseeching him, To agree with his Parliament, and not to violate their Privileges. To their Petition the King returned Answer That he could not express a greater sense of Ireland that he had done; That merely to satisfy the City, he had removed a worthy Person from the charge of the Tower; and that the late Tumults had caused him to fortify Whitehall, for the security of his own Person, That his going to the House of Commons was to apprehend those five Members for Treason, to which the Privileges of Parliament could not extend; and that yet he would proceed against them no otherwise than legally. And now such numbers of ordinary People daily gathered about Westminster and Whitehall, that the King doubting of their Intentions, thought fit to withdraw to Hampton Court, taking with him the Queen, Prince, and Duke of York; where he and his Retinue and Guard quickly increased, by accession of divers of the Gentry. But the next day the Five Members were triumphantly guarded to Westminster by a great number of Citizens and Seamen, with hundreds of Boats and Barges, with Guns in them, shouting and hallowing as they passed by Whitehall, and making large Protestations at Westminster of their constant fidelity and adherence to the Parliament. About this time the Parliament had notice the Lord Digby and Colonel Lunsford were raising Troops of Horse at Kingston, where the County Magazine was lodged; whereupon they order, That the County Sheriffs, Justices of Peace, and the Trained Bands, shall take care to secure the Countries and their Magazine, and suppress all unlawful Assemblies. Lunsford was seized and sent to the Tower, but Digby escaped beyond Sea. The King removed to Royston, at which time Sir Edward Harbert, Attorney General, is questioned at the Lords Bar, to answer concerning the Articles against the Five Members; where it had gone hard with him, if the King (at his earnest Supplication,) had not taken him off by a Letter to the Lord Keeper Littleton (who succeeded L. Finch) wherein the King clears the Attorney General, and takes the whole business upon himself, yet concludes, That finding cause wholly to desist from proceeding against the Persons Accused, he had commanded his Attorney General to proceed no further therein, nor to produce nor discover any proof concerning the same: And so this Breach between the King and Parliament, seemed at present to be made up. At this time the Scots having a considerable Interest in their Britttish Plantations in Ireland, make Proposals for Transporting 2500 Soldiers thither, which were accepted by both Houses, and afterward consented to by the King: after which the Scotch Commissioners interposed their Meditation for composing the differences between the King and Parliament, which were now grown to too great an height, for which Mr. Pym was ordered by the Commons to give them the thanks of the House. January 20. The King sends a Message to the Parliament, proposing the security of his own just Rights and Royal Authority, and, That since particular Grievances and Distractions were too many, and would be too great to be presented by themselves, that they would comprise and digest them into one entire body, and send them to him; and it should then appear how ready he would be to equal or exceed the greatest Examples of the most judulgent Princes, in their Acts of Grace, and Favour to the People. After this the Commons move the Lords to join with them in Petitioning for the Militia and the Command of the Tower, but they not complying, the House of Commons singly of themselves Importune the King to put those things into the hands of the Parliament, as the only available means for removal of their Fears and Jealousies. But the King, not willing to part with the Principal Jewels of his Crown, signified to them: That he thought the Militia to be lawfully subject to no command but his own, and therefore would not let it out of his hands, That he had preferred to the Lieutenancy of the Tower, a Person of known Fortune and unquestionable Reputation, and that he would prefer none but such to the command of his Forts and Castles; yet would not intrust the power of conferring those Places and Dignities from himself; being derived to him from his Ancestors, by the Fundamental Laws of the Kingdom; Yet the Commons would not desist, but again petitioned, and were again refused. Soon after divers Petitions were delivered to the Parliament against the Votes of Popish Lords and Bishops in the House of Peers, as one from Suffolk with 1500, and another from the Londoners with 2000 hands, and a Third from the City Dames; All which were Answered, That the Commons had already endeavoured Relief from the Lords in their Requests, and should so continue till Redress were obtained. And shortly after, the Lords passed the Bill For disabling all Persons in Holy Orders, to have any Place or Vote in Parliament, or to exercise any Temporal Jurisdiction; At the same time they petition the King again for the Militia, and for clearing Kimbolton and the Five Members, by his Answer to both which they understood his Resolution, Not to intrust the Militia out of himself, nor to clear the Members but only by a General Pardon; which was unsatisfactory. The King now at Hampton Court, thought fit to send for all his Domestic Servants of either House of Parliament, and particularly the Earls of Essex and Holland, but they refused to come, excusing themselves with, The necessity of performing their duties in Parliament, and discharging the Trust reposed in them: For which they were put from their Places at Court. The Lord Digby about this time sent Three Letters from Middleburg in Zealand (where he was fled out of England) one to the Queen, and two others to Secretary Nicholas, and Sir Lewes Dives; signifying, That if the King would openly declare his mind, and betake himself to some place of security, that he might come freely to him, he doubted not but he should do him some acceptable Service: These Letters were intercepted by the Parliament, and by them after perusal sent to the King, with their Entreaties to him, That he would persuade the Queen not to correspond with Digby or any other whom his Great Council had proclaimed Traitors. There was a Report that the Parliament intended to Accuse the Queen of High-Treason, as one that had so much power with the King to misadvise him; this rumour the Parliament exused, as a public Scandal upon them; which she seemed satisfied with, yet provides against the danger, and therefore prevails with the King to accompany her Daughter Mary Princess of Orange into Holland, carrying with her all the Kings and her own Jewels, together with those entailed upon the Crown; intending with those, and some other Assistance, to raise a Party sufficient to maintain the King and his Regalities against the Parliament. In the mean time Mr. Pym at a conference complaining of the General Flocking of Papists into Ireland, affirmed, That since the Lieutenant had ordered a stop upon the Ports against all Irish Papists, many of the Chief Commanders, now in the head of the Rebels, had been licenced to pass thither by his Majesty's immediate Warrant. The King was highly offended at this Speech, which he signified to the House, who in their Answer to his Message, justify Mr. Pym's words to be the sense of the House, and, That they had yet in safe Oustody the Lord Delvin, Sir George Hamilton, Colonel Butler, Brother to the Lord Miniard, now in Rebellion, and one of the Lord Nettervils Sons: To which the King replies, That he thought Mr. Pym 's Speech was not so well grounded as it ought to have been, and that the aforementioned persons had their Passes granted before he knew of the Parliaments Order of Restraint; and therefore expected their Declaration for his Vindication from thut odious calumny of conniving, or underhand favouring that abhorred Irish Rebellion. But this His Majesties desire proved fruitless, for they next moved the King to turn out Sir John Byron out of the Lieutenancy of the Tower, and at their Nomination Sir John Conyers succeeded; they than proceeded to name fit Persons for trust of the Militia in the several Counties, and by Act of Parliament Disabled all Clergymen from exercising Temporal Jurisdiction: After which the King by a Message offers them, To require by Proclamation all Statutes concerning Popish Recusants to be put in Execution: That the seven Condemned Popish Priests shall be Banished, and all Romish Priests within twenty days shall departed the Kingdom; That he refers the consideration of Church Government and Liturgy wholly to the Houses, and offers to go himself in Person against the Rebels in Ireland. But the Commons were now busy about a Petition for Vindicating their Five Members, wherein they desire the King to send them the Informers against the said Members, or otherwise to desert their Prosecution would not suffice; because the whole Parliament was concerned in the Charge. And then they proceeded to settle the Militia for the defence of the Parliament, Tower, and City of London, under the Command of Sergeant Major General Skippon, who had formerly been an Experienced Soldier in the Low-Countries: The King had deferred his Answer to their Petition for settling the Militia of the Counties, according to their nomination, till his return from Dover, where he took leave of his Wife and Daughter, and so returned to Greenwich; from whence he sent to Hampton Court for his two Sons to come to him, though contrary to the mind of the Parliament, who would have dissuaded him from it. And now the Parliament thought fit to consider of the reducing of Ireland, and ordered two Millilions and an half of those Acres to be Confiscate, of Rebels Lands in Four Provinces, shall be allotted to such Persons as will disburse Money for carrying on that War, and several other Provisions were made for their Security, which the King confirms Feb. 26. 1641; and in pursuance thereof a considerable Sum of Money was raised, the People being generally free in their Contributions. The King being now at Greenwich, sends this Answer to the Petition about the Militia, That he is willing to condescend to all the Proposals concerning the Militia of the Counties, and the Persons mentioned, but not of London, and other Corporations, whose Government in that particular, he thought it neither Justice nor Policy to alter; but would not consent to divest himself of the Power of the County Militia for an indefinite time, but for some limited space, This Answer did not satisfy, so that the Breach growing daily wider, the King declined these parts and the Parliament, and removed to Theobalds', taking with him, the Prince, and the D. of York. About the beginning of March he receives a petition from the Parliament, wherein they require the Militia more resolutely than before, affirming, Than in case of denial, the imminent dangers would constrain them to dispose of it by Authority of Parliament; desiring also that he would make his abode near London and the Parliament, and continue the Prince at some of his Houses near the City, for the better carrying on of Affairs and preventing the People's Jealousies and Fears; All which being refused, They presently Order, That the Kingdom be put into a posture ●f Defence in such a way as was agreed upon by Parliament, and a Committee to prepare a public Declaration, from these two Heads, 1. The just Causes of the Fears and Jealousies given to the Parliament, at the same time clearing themselves from any Jealousies conceived against himself. 2. To consider of all matters arising from his Majesty's Message, and what was fit to be done. And now began our Troubles, and all the Miseries of a Civil War; the Parliament every day entertaining (or pretending to entertain) new Jealousies and Suspicions of the King's Actions, which howsoever in compliment, they made show of imputing only to his Evil Council, yet obliquely had had too great a Reflection upon his Person. They now proceed on a sudden to make great preparations both by Sea and Land; and the Earl of Northumberland, Admiral of England, is commanded to rig the King's Ships and fit them for Sea; and likewise all Masters and Owners of Ships were persuaded to do the like. The Beacons were repaired, Sea-marks set up, and extraordinary posting up and down with Pacquets; all sad Prognostics of the Calamities ensuing. The King being now at Roysion, March 9, the Earls of Pembroke and Holland bring him the Parliaments Declaration, and read it to him; wherein they represent to him some former miscarriages: As the attempts to incense the late Nor hern Army against the Parliament. The Scotish Troubles, L. Jermins' Treasons and Transportation by the King's Warrant. The Petition delivered to Captain Leg, with the Kings own hand, with the Direction signed C. R. The business of the Lord Kimbolton and the five Members. The suspicious designing a Guard about his Person, and under hand promoting the Irish Rebellion. The ordering Sir John Pennington to land the Lord Digby beyond Sea; from thence to alienate the King from his Parliament, and to procure Foreign Forces for his Assistance; which now (said they) appeared more credible by reason of his removal with the Prince, and the manifold Advertisements from Rome, Venice, Paris, and other parts, certifying that the Pope's Nuncio had solicited the Kings of France and Spain, to lend his Majesty 4000 Men apeice in reference to some Design against Religion and the Parliament, and lastly, They desire him to turn away his wicked Councillors, and to rely upon his Parliament, which if he would do, they would sacrifice their Lives, Fortunes, and utmost endeavours to the Supportation of his Sovereignty. After the reading of the Declaration, the Lords would have persuaded the King to come near the the Parliament, and to grant the Militia for a time; which his Majesty refused, and told them in short, That their Fears, and Doubts and Jealousies were such as he would take time to satisfy the whole World of; but that his own doubts were not Trivial, occasioned by so many Scandalous Pamphlets, and Seditious Sermons; divers public Tumults hitherto uninquired into, and unpunished; and sometime after the King published a Declaration to the People, in Answer to theirs; the sum of which was. That he had no evil Councillors about him, but leaves such to their censure where they should find them. That he desired the Judgements of Heaven might be manifested upon those who had any design against the Protestant Profession. That the Scottish Troubles were buried in perpetual silence, by the Act of Oblivion, and passed in Parliaments of both Kingdoms. That they charging him with any inclining to the Irish Rebels, was a high and causeless injury to his Royal Reputation. That he never intended to exasperate the late Army, or in any wise to use them against the Parliament. That Captain Leg's Petition was brought to him, subscribed by the Officers of the Army, desiring that the Parliament might not be hindered from reforming the Church and State, to the Model of Queen Elizabeth's days; and was advantageous to them: And to assure Sir Jacob Ashly of his Opinion therein, he writ C. R. That the Lord Digby and Mr. Jermin, neither were at Whitehall, nor had any Warrant from him after the Restraint. That he had given sufficient Answer about Kimbolton and the five Members. That the care of his own safety caused him to raise a Guard at Whitehall, and to receive the Loyal Tender, which the Gentlemen of the Inns of Court did make him of their Service. And that he looked upon their Foreign Advertisements, by them mentioned, as merely wild and irrational. The King goes further Northward, whilst the Parliament Voted the Ordinance for Defence of the Kingdom, not to be prejudicial to the Oath of Allegiance, but to be obeyed as the Fundamental Laws; and that the Kings Commands for Lieutenancy over the several Counties were illegal and void; but he coming to Huntingdon sends them a Message, March 15. That he intends to make his Residence at York, and desires them to hasten their Succours for Ireland, and not upon any pretence of Order or Ordinance (to which he is not a Party) of the Militia, or any other thing, to Do or Execute against the Laws, which he himself was to keep, and his Subjects to obey, declaring his Subjects not to be obliged to obey any Act, Order, or Injunction to which he hath not given consent: In answer to which, they resolve That the absence of the King so far from his Parliament; was destructive to the Relief of Ireland; and therefore all those Councillors which advised him to it, are to be suspected as Favourers of that bloody Rebellion, as likewise those who persuaded his Majesty to question or contradict their Votes, which was a high breach of Privilege of Parliament. March 16. The King at Stamford published a Proclamation for putting the Laws in Execution against Popish Recusants; and from thence he goes to York, and there March 24, Repeals his Grant for passing the Bill against Tonnage and Poundage, of June 22 last past, commanding the payment thereof for the future, according to the Act of the First of King James; and so this year ended. It was now the year 1642, and the 18th of his Majesty's Reign, when a fresh Difference arose; for the Earl of Northumberland, Admiral of England, being indisposed, the King ordered Sir John Pennington, Vice Admiral, to take the charge of the Summer Fleet for the Narrow Seas; but the Parliament earnestly desired that it might be conferred upon the Earl of Warwick, but were refused by the King to their great distaste. During the Assizes at York, the Gentry, Ministers, and Freeholders of that County, presented a Petition to the King, to endeavour an Agreement with the Parliament, who advises them to apply themselves to the Parliament, for the good of all. And next day he sends a Message to the Houses, That he intended to raise his Guard out of the Counties near Chester, Two thousand Foot and Two hundred Horse, to be supplied with Arms from the Magazine at Hull, upon taking the Oaths of Supremacy and Allegiance, That if the Parliaments Undertaking for the Irish War, would not suffice to defray the Charges of raising and paying them, he would pawn or sell his Land or Houses; desiring them withal, to quicken their Levies for Munster, and Connaught, as the Scots already did theirs of Ulster; and offers his Person against the Rebels. The Parliament having for some time mistrusted the Kings going North, to be intended for seizing the Magazine at Hull, endeavoured to prevent it, declaring their suspicion of his design to raise an Army, and therefore pray, That it might be removed from thence to the Tower of London, as a place of more safety, and easier transport for Ireland; and that the Repreive for the popish priests in Newgate may be recalled and they executed. And to make all sure, Sir John Hotham, a Member of the House of Commons, is sent down to take upon him the Government of that place, who by his sudden coming thither, prevented the Earl of Newcastle, who was designed by the King to be Governor thereof; so that when the King came to Hull in Person, with his Guard consisting of Lords and Gentlemen, April 23. 1642, he finds the Gates shut upon him, and the Bridges drawn up; but from the Wall Hotham appears, and upon his knees entreats his Majesty, Not to command that, which, without the breach of his Trust, he could not yield obedience to. Whereupon the King finding his entrance prevented, caused Hotham instantly to be proclaimed Traitor; and by Letters to the Parliament, complained of that Indignity, and required satisfaction; but they justified him therein, and sent a Committee of the Lords and Commons to reside there, for the better securing the Garrison to them, and gave the Governor power to raise the Trained Bands for his defence; after which the King hearing that the Parliament had raised a Guard of themselves without his consent; and reflecting upon the business of Hotham, he summoned the Gentry of Yorkshire to a Meeting, and acquainted them, That his Magazine at Hull was going to be taken from him against his will, the Militia against the Law and his consent, put in execution, and Sir John Hothams' Treason countenanced, so that he was resolved to have a Guard to secure his person, in which he desired their assistance, that he might be able to protect them, the Laws, and the true Protestant Religion, from violation or injury. The King had hereby indifferently strengthened himself, and more had come in had not those Members of Parliament, who came to the King at York, prevailed with some of the Freeholders' to protest against it. And the Parliament declare, That the Subjects unless bound to it by special Service, could not be commanded to attend the King at his pleasure, without transgressing against the Laws and Liberties of the Kingdom. And that whosoever, upon pretence of his Majesty's Command, shall take up Arms in a warlike manner, shall be esteemed disturbers of the peace, and to be proceeded against accordingly. In the mean while Sir Thomas Gardiner, who had been Recorder of London for six years, being Impeached by the Parliament, and in danger of hanging, was glad to shift for himself, and by flight escaped to the King; at which time his Majesty endeavoured to have removed the Term from London to York, but was much opposed therein by the Parliament, who Voted it Illegal, and forbidden the L. Keeper to issue out Writs, or Seal any Proclamation to that purpose. The Parliament now proceed to put the people into a Military posture, requiring all Persons in Authority to put the late Ordinance of the Militia in Execution, which the King by his Proclamation forbids; but for the People's satisfaction the Parliament published a severe Declaration to the same Effect as their former Remonstrance; only this was added, That the King at his being in Scotland had countenanced the Irish in their Rebellious Designs, and that his connivance was manifested by his tedious withholding the Proclamation whereby they were declared Traitors, till Jan. 2. being almost a Quarter of a Year after the breaking out of the Rebellion, and then had appointed but forty Copies to be printed, & none of them to be published without his pleasure signified; whereas his Proclamations against the Scots had been dispersed throughout all the Kingdom with public Prayers and Execrations. The King makes a speedy Answer hereunto, not much differing from what he had said before; yet tells them, That as to the business of the Irish, his Council in Ireland had desired them no sooner, nor so many Copies by twenty as he had Signed and and sent them. His Majesty had written a Letter to his Privy Council of Scotland, to take away from them all suspicion of those Imputations so frequently laid to his Charge, of being Popishly affected, to be guilty of the bloodshed in Ireland, and to bring in Foreign Forces; Wherewith they seemed so satisfied, that they returned a most respectful Answer, and presently interposed their Mediation to heal the Breach before it grew wider; humbly desiring the King to hearken to his Parliament, as his greatest, his best, and most unparallelled Council; and discouraging him from any personal Journey into Ireland. This Message was sent by the Earl of Lowden, Chancellor of Scotland, and after this the Scots Petition to the King's Privy Council there, Not to meddle with any verbal or real Engagement for the King against the Parliament. Hereupon the English Parliament publish a Protestation, wherein they vindicate their own proceed, and declare the great sense they had of the Affection of their Scotish Brethren, manifested unto them in so many particulars, and more especially the mentioned Petition. The Earl of Bristol, an Old Experienced Statesman, prudently foresaw that such unhappy beginnings must necessarily have a very bad Issue, & therefore earnestly endeavoured an Accommodation by stating the Case in the House of Lords; representing the Offers of the King on the one side, and the Professions of the Parliament on the other; and likewise the dreadful Effects of a Civil War (than likely to ensue) by the Example of the woeful Desolations in Germany, and the expensive Troubles in Scotland; and then proposes some methods for preventing these dangers: as 1. That a select Committee of Parliament should truly state the matters in difference, with the most probable ways of reconciling them. 2. To consider particularly what may be expected, either in point of supporting the King, or relieving his People: And lastly, how the Conditions agreed upon, may be secured. And to show the necessity of this course, he discovers the deplorable State of Ireland, the debts and necessities of the Crown, the distractions which were likely to produce confusion of Religion, most dangerous and destructive to a State, besides the general Distraction of the Subjects, who between Commands, and Countermands, knew not whom to obey, This was admitted as good and solid Reason, but Divine Justice would not so permit the Sins of the English Nation to go unpunished, and the L. Bristols Speech, though well received, yet proved ineffectual. In the mean time the King's Guard increases at York, which the House Voted a preparation for War against the Parliament, a Breach of the Trust reposed in him by his People, and that all such as serve him there are Traitors to the Laws of the Kingdom, as the 11 Rich. 2. and the 1 Hen. 3. This was followed by another Declaration or Remonstrance of the misactions of the King, and their own Privileges, which the King answers and they again reply to; and May 28. the Parliament ordain, That all Sheriffs, Justices, etc. make stay of all Arms and Ammunition going to the King at York; the King on the other side forbids all Persons belonging to the Trained Bands or Militia of the Kingdom, to obey any Order, or Ordinance of any of the Houses; divers Members of both Houses withdrew themselves to the King, as being unsatisfied with their proceed; whereupon the Parliament Ordered, That all such as did not make their Personal Appearance by June 16 ensuing, should be fined an 100 pounds toward the Irish Wars, such only excepted as were employed by the Parliament. They likewise understood that the Queen had pawned the Crown Jewels in Holland for Money to be transported to the King; which to prevent him of, they order, That whoever hath; or shall pay, lend, send, or bring any Money in Specie into this Kingdom, for, or upon those Jewels; or accept of any Bill hereafter, shall be an Enemy to the State. June 2. The Parliament sent to the King Nineteen Proposition: 1. That all the Kings Privy Council, great Officers, and Ministers of State, may be put out, except such as the Parliament shall approve; and that an Oath be tendered them. 2. That all Affairs of State be managed by the Parliament, except such matters as are transferred by them to the Privy Council, and to be concluded by the major part of the Nobility under their hands, the full number not to exceed twenty five, nor to be under Fifteen. If any place shall fall Void in the interval of Parliament, then that the major part of the Council choose one to be confirmed at the next Session of Parliament, 3. That all great Officers of the Kingdom, shall be chosen with Approbation of Parliament. 4. That the Government and Education of the King's Children, be by appointment of Parliament. 5. That their Marriages be treated and concluded by Parliament. 6. That the Laws against Papists, Priests, and others, be executed, without Toleration or Dispensation, except by Parliament. 7. That no Popish Lord or Peer have Vote in Parliament; and their Children be educated in the Protestant Faith. 8. That Church Government be reform as the Parliament shall advise. 9 That the Militia be settled as the Parliament have ordered, and that the King recall all his Declarations, published against their Ordinances therein. 10. That all Privy Councillors and Judges take an Oath for the maintenance of The Petition of Right, and other Statutes, which shall be made this Parliament. 11. That all Officers placed by Parliament hold their places, Quam diu bene segesserint, as long as they shall act justly. 12. That all Members of Parliament put out, during this time, be restored again. 13. That the Justice of Parliament pass upon all Delinquents, and that they appear or abide their censure. 14. That the general Pardon pass with Exceptions, as the Parliament shall advise. 15. That all Forts and Castles of this Kingdom be disposed of by Parliament. 16. That the King discharge all his Guards and Forces now in being, and not raise any other, but in case of actual Rebellion. 17. That the King enter into strict Alliance with all Protestant Kingdoms and States for their Assistance, to recover the Rights of his Sister, and her Princely Issue, to those Dignities and Dominions which belong to them: 18. That the Lord Kimbolton and the Five Members be cleared by Act of Parliament. 19 That no Peer hereafter to be made, shall sit in Parliament without their consent. These propositions were rejected by the King, as inconsistent with his Regality: so that now Men began to despair of any good issue, for both sides make preparations for War: The King sending out his Commissions of Array; and the Parliament published an Order June 10. for bringing in money or plate to maintain the Horse, Horsemen, and Arms, for the public peace and defence of the King and both Houses of Parliament; and declared the King's Commission to be against the Law, Liberty and property of the Subject; and the Actors therein to be disturbers of the peace, and Betrayers of the Subjects Liberty. At this time the Lord keeper Littleton, having delivered the Great Seal to one Eliot, whom the King sent for it, durst not stay behind for fear of being questioned, but went to the King to York, as many of the Peers did likewise whom the King summoning together, as also his Privy Council, he declares and protests to them, That he would not Usurp any Illegal Authority over them, but is ready to maintain them against all others that would. And that he would defend them from all Votes and Orders of Parliament, together with the true Protestant Religion, the lawful Liberty of the Subject, and the just Privileges of the Three Estates of Parliament; nor will he Engage them in any War but what shall be for the necessary defence of his and their rights; Whereupon they all engaged to him their Duty and Allegiance in a most Solemn-Protestation, After which the King sent Letters to Sir Rich. Gurney L. Mayor, and the Aldermen and Sheriffs of London, forbidding them, upon peril of having their Charter questioned, to levy Arms or raise Money, upon pretence of a Guard to the Parliament, or any other Account, except only the relief of Ireland, or the payment of the Scotch Subjects. At this time the King publisheth a General Declaration, wherein he descants upon all the Parliaments Declarations for the last 7 Months, but especially the last; professing that hence forward he expects they should break out into disloyal Actions, declaims against their making the defence of the King, to be the pretence for their raising Forces; protests his own constant Resolution for the preserving of Peace, Religion, the Laws and Subjects Liberties, and expects all his Subjects to assist him against the Traitorous Attempts of such Men as would destroy his Person, Honour, and Estate, and bring on a Civil War; engaging that whosoever shall bring to him Money, Ammunition, Horse, or Arms, shall receive Eight Pound per Cent. Consideration, and have good Assurance of both Principal and Interest, upon his Forest Lands, Parks, and Houses. After this the King by Proclamation forbids all Levies of Forces, and all Contributions to such Levies, without his express pleasure; grounding it upon several Statutes as 7 Edw. 1. 2 Edw. 3. And then minds them of their Oath of Allegiance, by which they were bound to be Faithful, not to the King only as King, but to his Person, as King Charles, contrary to the Parliaments distinction, betwixt his Person and his Authority; his Person at York, and his Authority in Parliament; and concludes with justifying his Commission of Array, which were now Issued out in several Counties in England and Wales; to this the Parliament reply, and the King again to them, which was followed by several Messages to and fro; all which rather exasperated than allayed the difference; and now began England to be divided, as Italy once was into Guelphs and Gibbellines, so they into Rovallists and Presbyterians, or Cavaliers and Roundheads. After this the King makes a Progress from York into the Counties of Nottingham and Lincoln, and Summons the Gentlemen and Freeholders to Newark, he Caresses them with the most obliging expressions imaginable. And July 11, 1642, His Majesty sends a Message to the Parliament to Certify them of his Intentions to reduce Hull by force, if not forthwith delivered to him, which if they should do, he would then admit of their future Addresses, and return such Propositions as might best conduce to prevent the approaching War; together with this Message he sent them likewise a Copy of the Proclamation, which he had published against Sir J. Hotham, wherein he complains of the Affront done to his Person by Sir J. and of the Parl. justifying that Action by their Votes and Orders; That Hotham having fortified the Town, and drowned the Country, had also set out a Pinnace at Sea, which had intercepted his Packet Boat with the Queen's Letters, and that the E. of Warwick contrary to the King's Command, had taken upon him the Command of the Fleet; for which Reasons the King was resolved to punish Hotham. Indeed the E. of W. had been by the Parl. commended to the King as the fittest man for Admiral (the E. of N. being then sick) but he was rejected by the King, who conferred that place upon Sir John Pennington; Yet afterwards the Parl. conceiving it necessary to get the Fleet into their hands, they found means, notwithstanding the Oppositions of Sir J. Pennington and his Adherents, to make the E. of W. Admiral; after which a Ship laden with Arms and Ammunition from Holland for the King, being ignorant of the matter, fell in among the Fleet, and was by the E. of W. sent to the Parliament. The Parliament now thought fit to Arm, and therefore resolve that an Army shall be raised for Defence (as they term it) of King and Parliament; and the Earl of Essex to be Capt. General, and the E. of Bedford to command the Horse; the E. of Holland, Sir John Holland, and Sir Will. Stapleton, were ordered to carry a Petition to the King then at Beverly; the effect whereof was, To pray him to disband all his Forces, to recall his Commissions of Array, dismiss his Guard; and return to the Parliament: All which the King refused. The Parliament next consider of raising Money, and so declare for Loan upon the Public Faith; to promote which the endeavours of the Ministers were very serviceable, whereby in a short time a very considerable quantity of Money, Plate, and Ammunition, were brought in. The King was likewise furnished with Money from the Queen upon the pawned Jewels, and some Contributions from divers Lords and Gentlemen, and the University of Oxford. The King goes from Beverly to Leicester, and there Proclaims the Earl of Stamford Traitor, for removing the County Magazine from the Town to his own House at Bradgate. Aug. 1. the King comes back to Yorkshire, and raises a Regiment under the E. of Cumberland, which he called Prince Charles his Regiment. The Parliament on the other side, declare the Commissioners of Array to be Traitors and disturbers of the State and Peace of the Kingdom, and Lieutenants of several Counties were constituted by Parliament. The King likewise deals with their Commanders, as ●hey did with his, and Proclaimed General Essex with all his Colonels and Officers who should not ●nstantly lay down their Arms, to be Rebels and Traitor's; and the Marquis of Hartford and his Forces ●●re ordered to march against him. The King than ●ummons in the Country on the North side of Trent, ●nd 20 miles Southward, and publisheth his Grand Declaration concerning all transactions between himself and the Parliament. August 22. 1642. The King comes to Nottingham, ●nd there erects his Standard, to which some numbers resorted, but far short of what was expected; And three days after the King sends a Message to the Parliament to propose a Treaty; the Messengers were ●he Earls of Southampton and Dorset, Sir John Culpeper Chancellor of the Exchequer, and Sir William Udall; none of which were suffered to sit in the House, to deliver their Errand, therefore it was sent in by the Usher of the Black Rod, to which the Parliament Answered, That until His Majesty shall recall his Proclamations, and Declarations of Treason against the E. of Essex, and them, and their Adherents; And unless the King's Standard set up in pursuance thereof, be taken down, they cannot by the fundamental Privileges of Parliament, give his Majesty another answer. The King replies, that he never intended to declare the Parliament Traitors, or set up his Standard against them; but if they resolve to Treat, either Party shall revoke their Declarations against all Persons as Traitors, and the same day to take down his Standard. To this they answer, That the Differences could no● any ways be concluded, unless he would forsake hi● evil Councillors, and return to his Parliament; And accordingly Sept. 6. they Order and Declare, tha● the Arms which they have, or shall take up for th● Parliament, Religion, Laws, and Liberties of the Kingdom, shall not be laid down until the King withdraw his Protection from such persons as are or shall be Voted Delinquents, and shall leave them to Justice that so their Estates may discharge the Debts and Loan Moneys of the Commonwealth. The War being now begun, the new raised Soldiers committed many Outrages upon the Country People, which both King and Parliament upon Complaint endeavoured to rectify: The King himself was now Generalissimo over his own, his Captain General was first the Marquis of Hartford, and afterward the E. of Lindsey, and the E. of Essex for the Parliamentarians; The King's Forces received the first repulse at Hull by Sir John Hotham, and Sir John Meldrum, and the King takes up his Quarters at Shrewsbury; Portsmouth was next surrendered to the Parliament, and presently after Sir John Byron takes Worcester for the King; In September the two Prince Palatines, Rupert and Maurice arrived in England, who were presently entertained, and put into Command by the King; who having now got together a potent Army, he made a solemn Protestation to them of his candid Intentions, and sincere meaning, to defend the Protestant Religion, the Laws and Liberties of the Subject, and Privileges of Parliament, according to the former protestation at York. Sept. 9 the Earl of Essex in great State attended on by the Parliament set forth out of London toward St. Alban, and from thence to Northampton, where all his Forces met, amounting to near fourteen thousand men, having with him the Parliaments Petition which he was to present to the King, the effect of which was, That his Loyal Subjects the Lords and Commons in Parliament, cannot without tenderness of Compassion behold the pressing Calamities of England, and Ireland, by the Practices of a prevailing Party with his Majesty, to alter true Religion, and the Ancient Government of this Kingdom, introducing Superstition into the Churches, and Confusion in the State; Exciting, encouraging, and fostering the Rebellion in Ireland, and as there, so here begin the like Massacres; 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 Rebels of Ireland to join with them: And all these evil Councillors are Defended and protected against the Justice of the Parliament, who have for their just Defence of Religion, the King's Crown and Dignity, the Laws, Liberties and Power of Parliaments, taken up Arms, and Authorized the E. of Essex to be their Captain General against these Rebels and Traitors. And pray the King to withdraw his Person, and leave them to be suppressed by his Power, and to return to his Parliament, and that they will receive him with Honour, and yield him Obedience, secure his Person, and establish him and his People with all the Blessings of a Glorious and Happy Reign. This Petition was never delivered, though Essex sent twice to the King for safe conduct for those who were to present it; for the King refused to receive any Address from those whom he accused of High Treason, of whom the E. of Essex was one: The King than marches from Shrewsbury toward London, upon which the Parliament ordered the Forces of the Associated Counties of Essex, Hartford, Middlesex and London to be ready at an hours warning▪ They likewise order that the Lands, Rents and Profits of Archbishops and Bishops, shall be Sequestered, as likewise the King's Fines about Wards. A while after Colonel Fines and Sands were routed at Worcester by Prince Rupert, while they endeavoured to take the Town from Sir John Byron, who had it in possession for the King; but Essex making his approach with his Army, Prince Rupert and Byron quitted the Town to him; then were Gloucester, Bristol and other places made Garrisons for the Parliament; But in Yorkshire and Cornwall the King's Party grew powerful, and likewise in Wales; where the E. of Worcester had got together a great number of Welshmen, so that the King seeing his Army increased, resolved to march toward London, and was gotten one day's Journey before Essex; who perceiving his Error of staying so long at Worcester, hastens after him, to the relief of his Masters; the King disdaining to be pursued by a Subject, turns back to mere him, and October 23. 1642. both Parties drew into the Field between Keinton and Edghill in , where on both sides were slain between five and 6000. men that day, but night parting them, the next day both parties quit the Field; the King than marches to Coventry, and from thence sends a Proclamation of Pardon to the Cities of London and Westminster, some Persons only excepted. This Battle of Edge-hill was fought on Sunday, the same day twelve Month the Irish Rebellion broke out. The King than takes in Banbury, the Town and Castle being surrendered without a blow, and two Regiments of Foot, and a Troop of Horse, took Arms under him; from thence the King marches to Oxford; and Essex goes to London, where he was received with great Honour; The Parliament to recruit their Army, declare; That all Apprentices who will List themselves, shall be free from their Masters for that time, and shall afterward be received again into service: By which means abundance were induced to turn Soldiers; they likewise invite the Scots to come in to their assistance; which the King by a Letter to the Lords of the Privy Council in Scotland endeavours to prevent, but in vain: At this time several of the Lords and Commons present a Petition to the King at Colebrook, to desire him to appoint a place to treat in: To which he answered; He would expect them at his Castle of Windsor, and desires them to hasten the Treaty. At the same time, the King hearing that Essex had drawn his Forces and Ordnance out of London toward him, and that unless he gained Brainford he would be hemmed in by the Parliaments Army, who possessed most of the Towns round about him; the King marches thither that night, where part of Col. Hollis' Regiment that quartered there, made a stout resistance, till the L. Brooks' and Coll. Hamdens' Regiments came in to their relief, who maintained the Fight till night, and then retreated out of Town, which the King presently took possession of, with some Prisoners, Arms and Ammunition, 11 Colours, and 15 pieces of Ordnance: Essex hearing this, soon came thither, followed with the City Militia and Trained Bands, which together made a formidable Army, so that the King thought fit to march back again to Oxford; This Action in a time of Treaty, (though not without sufficient ground) was so ill resented by the Houses, that they Voted to have no Accommodation: Yet afterward upon consideration, they again Petition him to desert his Army, and return to his Parliament, but with the same success as formerly. At this time a Letter from one of the King's Agents in Holland was intercepted, in which he is advertised of considerable Forces ready to be sent over for his Service; from Denmark likewise Arms are sent for ten thousand Foot, and 2500 Horse, with a Train of Artillery, and every thing proportionable, even to the Drums and Halberds. In Yorkshire the Earl of Newcastle had a sharp rencontre at Tadcaster with the L. Fairfax, and forced him to retreat: The Counties of Norfolk, Suffolk, Essex, Hartford, Cambridge, the Isle of Ely, and the City of Norwich, are authorized by Parliament to associate under the L. Grace of Wark, and Winchester and Chester are gained by the Parliament. Dec. 15. Colonel Goring with the King's Standard, 80 Old Commanders, and store of Warlike Provision, join with the E. of Newcastle. About which time the City of London Petitioned the King, and profess their grief, for his distrust of their Loyalty, with large Protestations of their zealous Intentions to defend him, with all the Love and Duty which became good Subjects. The King replies, That he hath a good Opinion of many of them, and could freely and willingly Pardon all except Pennington the present Mayor, Venn, and some others; and concludes with declaring his high displeasure against such as shall continue acting, and assisting his Adversaries: Many of them were startled with this Answer, yet were revived again with what Mr. Pryn and the Parliament Committee told their Common Council, of the Parliaments great Love and Affection to them, and Resolution to live and die in their Defence. In the North Sir. Hugh. Cholmly encounters with several Parties of the King's Horse at Malton, and Jan. 16. joining with Sir. Matthew Boynton, routed a Party of 600 Horse and Foot under, Col. Slingsby, Sir. Thomas Fairfax. likewise takest, Leeds with little loss on his side, but 500 Royalists were made Prisoners, (six of them Commanders) 4 Colours, and much Arms and Ammunition were taken; The King's Forces next leave Wakefield and Doncaster, which are presently garrisoned for the Parliament. The E. of Newcastle brings his Forces to York, to prepare for entertaining the Queen; and Jan. 17. he proclaims the L. Fairfax, and his Son Sir Thomas, Traitors, (as the E. of Cumberland had done before) which the Parliament resenting, proclaimed the L. Newcastle the same. The Parliament, Febr. 1. make the following Prepositions to the King at Oxford (which were presented by the Earls of Northumberland, Salisbury, Pembroke, and Holland, with 8. of the House of Commons.) To disband his Army, and to return home to his Parliament; To leave all Delinquents to Trial, and all Papists to be disarmed: To pass an Act for Abolishing the present Church Governors, and such other Bills as shall be prepared in order to a Reformation; All Popish Recusants to abjure and renounce Popery; All Malignant Councillors to be removed, the Militia to be settled according to the Parliaments minds; such Persons to be preferred to Great Offices and Places of Judicature, as the Parliament shall name, and all such Justices of Peace as have been lately turned out of Commission to be again taken in; That an Act pass to Vindicate the L. Kimbolton, and the 5 Members. And an Alliance be entered into with our Protestant Neighbours for Recovery of the Palatinate, That a General Pardon pass, with exception to the E. of Newcastle, L. Digby, and some others; That such Members of Parliament as have been displaced, be restored to Offices and Places, and satisfaction made them for their Losses. On the other side, the King Proposed, That his own Revenue, Magazines, Towns, Ships, and Forts be restored: That what hath been done contrary to Law, and the King Rights, may be renounced, and recalled: That all Illegal Power claimed, or acted by any Orders of Parliament, be disclaimed; And as the King will readily consent to the Execution of all Laws made or to be made concerning Popery, and Reformation, so he desires a Bill for the preserving the Book of Common-Prayer against Sectaries; And that all Persons excepted against in the Treaty, may be Tried per Pares by the Equals: That there be a Cessation of Arms, and a Free Trade. This made way for a Treaty of Peace, but little was done in it till March 4. 1642. when Sir Ben. Rudyard one of the Commons, told the Parliament plainly, That the War would ruin all; whereupon they appointed Commissioners, that is, the E. of Northumberland, Mr. Perpoints, Sir. William Ermine, Sir John Holland, and Mr. Whitlock, who were to attend the King at Oxford. Feb. 23. 1642. The Queen landed at Burlington Key, with Officers, Ammunition and Money from Holland, from whence the E. of Montross, and the Lord Ogilby conveyed her to York, where she was honourably received by the Earls of Cumberland and Newcastle, and there she began to form her Army. In the mean time Coll. Massey advances against Capt. Bridges, who kept Sudly Castle in Glocestershire, with 60 Soldiers, and all other things sufficient, for the L. Shandois on the King's behalf; Coll. Massy offers to storm the Castle, but is repulsed, yet next day he possessed the Garden under the Castle, and firing some hay and straw, made so great a smother in the House, that taking the opportunity thereof, he planted his great Guns so conveniently as forced the Besieged to surrender upon Quarter, leaving their Arms, and engaging to pay 500 pounds in six days for the goods in the Castle, or else to lose them. Yet had the Parliament no great cause of boasting of this Victory; For soon after P. Rupert with 4000 Horse and Foot, making show to regain it, marches to Cirencester, where the strength and great part of the Magazine of the County lay, and Feb. 1. he masters the Guard, and forces his Passage into the Town, which in two hours he gained, taking 1100 Prisoners, and 2000 Arms; And next day he summons Gloucester, which Coll. Massey was resolved to defend, and to strengthen it, deserts Sudly Castle and other our Garrisons. The Earl of Worcester and his son the L. Herbert had now raised an Army of near 1500 Welshmen for the King, with whom he marched to the Forest of Dean, and beat Coll. Bourroughs Regiment out of a small Town called Coford near Monmoth; from thence they march to Hingham within 2 miles of Gloucester, and Coll. Bret, demands the Town for the King, but was answered with scorn; for Massey with assistance from Capt. Fines at Bristol, weakened them with continual Shirmishes, till Sir William Waller having taking Malmsbury came to Gloucester, and joined his Forces with the other, so that this Welsh Army spent near five weeks without doing any Memorable Action. But now Coll. Massey draws out all his Horse, with 500 Foot, and some Ordnance, and held them play the first day; the next morning the great. Guns give the Alarm, and both Parties engage very fiercely, and the Welsh were like to have routed him, and taken his Ordnance, at which instant Sir William Waller comes in to Masseys' assistance, who taking courage thereby they run furiously upon the Welshmen, and drive them back to Hingham house, which they began presently to batter with their Cannon; whereupon the Welsh found a Parley, and surrender the Place, and themselves Prisoners, but the Officers were to receive Quarter according to their Qualities; and next day Waller and Massey led their booty in Triumph to Gloucester. The assistance of the Scots had been formerly desired by the Parliament, which (notwithstanding their late Protestations not to take Arms against their Prince,) they now hearken to, and having completed their Army, March 13. 1641. they cross the River Tyne, and march Southward, to employ the E. of Newcastle. The Irish Rebels about this time (notwithstanding the defeats they met with at Tredagh and Dundalk) were much increased in number; And the the Pope (a more unhappy Fisher, than his pretended Predecessor St. Peter, who was for saving, but he for destroying men) sends two Letters to them, one subscribed to Owen Oneal, and the other to all Archbishops, Bishops, Nobles and People of the Kingdom of Ireland, in both which he commends those who had already appeared in the Quarrel, and exhorts others to engage in the same, declaring his great Joy for their late Butcheries, and Massacres upon the Protestants, and bestowing upon them his Fatherly Benediction, and Plenary Pardon and Absolution for whatever Villainies they had committed. By the Popes thus publicly declaring himself for them, the Rebels grew very powerful, and many who were at first afraid of being concerned, now openly appeared for them, insomuch that all parts of Ireland were overwhelmed by them as with an Innundation. This year was remarkable for the death of Cardinal Richlieu that great Firebrand and disturber of Europe, but more pertcularly these three Kingdoms, of whose distractions he was both a Principal causer, and Fomenter; He led the way to his Master Lewis 13. who deceased soon after in the midst of his Conquests in Catalonia, leaving for his successer his eldest son Lewis 14. (the present French King) under the Government of the Queen Dowager, and Cardinal Mazarine succeeded in Richlieus stead. The year 1643. and the nineteenth of his Majesty's Reign, began with a Treaty of Peace, which was formerly agreed on, but proceeded slowly, till it was again revived by Sir Ben. Rudyard; The Commissioners on both parties now met at Oxford, and began to Treat of the King's Propositions, concerning his Revenue, Magazines, Forts, and Ships; And the Parliaments Propositions concerning the disbanding of Armies, which particulars taking up more time than the King expected, his Majesty April 12. 1643. sends this Message to the Parliament. That as soon as he was satisfied concerning his own Revenue, Magazines, Ships and Forces, in which he desired nothing but his Just and Legal known Rights to be restored to him, and to Persons Trusted by him; And as soon as the Members of both Houses should be restored to the same capacity of sitting and Voting in Parliament as they had upon January 1. 1641. (excluding such whose Votes had been taken away by Bill, or by New Elections, or New Writts:) And that as soon as his Majesty and both Houses may be secured from such Tumultuous Assemblies as to the High dishonour of the Parliament had awed the Members of the same (which he conceived could not otherwise be done, but by adjourning the Parliament to some place Twenty miles from London, such as the Houses should agree upon,) His Majesty most cheerfully and readily would consent to the disbanding of the Armies, and would return speedily to his Two Houses of Parliament according to the Time and Place which they should agree upon. Upon this Message the Parliament resolved to call back their Commissioners, and so April 15. the Treaty ended; About the beginning of last March the L. Brook marched toward Northampton, and seizing the Ammunition there he went from thence to Warwick, and so to Stratford upon Avon, and beat Coll. Crockers, and Lt. Coll Wagstaff's Forces out of that Town; after which Besiegeing Litchfield, one of the King's Party shooting at a venture at the window of his Chamber, the bullet pierced him in the Eye, of which he immediately died, yet his Soldiers being heightened with Revenge, took the Close with the E. of Chesterfield and all his Soldiers and Ordnance; after which Prince Rupert and the Earl of Northampton joining their Forces, fell upon the Parliamentarians at Lichfield, where the E. of Northampton was slain in the head of his Troop, yet Lieut. Coll. Russel who commanded it, despairing of succour, yielded up the Place to Prince Rupert upon Honourable Conditions, and marched away to Coventry. April 17. 1643. the E. of Essex sat down before Reading, and made two assaults, but was repulsed; The King marched from Oxford to Wallingford for its relief, but Essexes Army increasing daily with fresh supplies from London, both Parties happened to Skirmish at Causum Bridge, where many of the King's Forces were slain, and forced to retreat; whereupon the Town was a while after surrendered by Coll. Fielding, who was made Deputy Governor in the room of Sir Arthur Aston who was disabled by a bruise he received in his head with a Brick-bat: Fielding was for this Sentenced by a Council of War at Oxford to lose his Head, but by the Intercession of Friends was pardoned. May 3. Cheapside Cross was demolished a Troop of Horse, and two Companies of Foot waiting to see it done, and at the fall of the Top Cross, Drums beat, Trumpets blue, and a great shout was made; Charing-cross, and all other Crosses in and about London were likewise pulled down about the same time. In the mean time the breach between the King and Parliament became wider than ever; so that they proceeded to draw up Articles of High Treason against the Queen, some of which were; That she had pawned the Crown Jewels in Holland, That she had favoured the the Rebellion in Ireland, That she had endeavoured to raise a Party in Scotland against the Parliament, and that she had gone in the head of a Popish Army in England; Several other Articles were framed against her, upon which Mr. Pym carried up an Impeachment to the Lords, who seemed at first surprised therewith, but they afterward agreed to the Charge. The Queen had about this time raised an indifferent Army of Horse and Foot, and leaving some Horse and Foot with Sir Charles Cavendish for defence of Lincolnshire, and Nottinghamshire, she with 3000 foot, three Companies of Horse and Foot, six Canons, and two Mortar pieces, met the King at Edge-hill, and goes from thence with him to Oxford. Several Encounters happened in the West between Sir Ralph Hopton for the King, and Sir G. Chudleigh then Commander of the Parliaments Forces, where sometimes one Party was Victorious, and then the other; Colonel Nath. Fines Governout of Bristol, about this time discovered a design of Robert yeoman's, and George Bouchier to deliver up that City to the King's Forces, upon which they were Condemned by Council of War, and hanged May 30 notwithstanding the King's Letter to the Mayor and Citizens, and General Ruthens to the Governor on their behalf; And so ends this month, famous by the Death of Mr. John Pym that active Person in the House of Commons. In June 1643. Mr. Waller a Member of the House of Commons, Mr. Tomkins, Mr. chaloner, Mr. Hasel, Mr. Blinkhorn, Mr. White and others, were Arraigned at Guild-Hall London, they being charged, For designing to seize into their Custody the King's Children, some Members of Parliament, the L. Mayor, and Committee of the Militia, all the City's Outworks, and Forts, the Tower of London, and all the Magazines, and then to let in the King's Forces to surprise the City. Upon this Indictment they were Tried, and Condemned, but Tomkins and chaloner only were hanged. Some Skirmishes passed between the E. of Essex and P. Rupert, who engaging about Tame in Oxfordshire, The Prince routed a body of Horse in Chalgrave Field, where Mr. John Hambden received his mortal wounds; but in the West the Parliaments Forces had better success, where they took in the Towns of Taunton and Bridgewater; At this time finding the want of a Great Seal, the Parliament after long debates Voted, That a new Seal should be made for Confirmation of their Acts and Ordinances; which was forthwith done, and thereon was Engraven the Picture of the House of Commons and Members sitting, and on the other side the Arms of England and Ireland; but between the Voting and making this Seal, they passed this Order, That if the L. Keeper Littleton upon Summons did not return with the great Seal within fourteen days, he should lose his Place, and whatsoever should be Sealed therewith by him after that time, should be null and void in Law; And presently after Mr. Hen. Martin a Member of Parliament seized upon the Regalia which were reposited in Westminster Abbey; telling some of his Accomplices, That the time would come wherein there would be no need of Crowns and Sceptres. July 5. 1643. Sir Will. Waller meets with Sir Ralph Hopton's Forces at Landsdown near Bath, who though fewer than Sir Williams, yet maintained the fight from two in the afternoon till one the next morning; and then Sir William's Party forsook the Field; Hopton himself was hurt, and lost divers Gentlemen of note, but the Parliaments loss was more; Hopton marches to the Devizes in Wilt-shire, and Waller after him; whereupon the King sent 1500 Horse from Oxford to Hoptons' relief; Waller draws off to Roundway Down, and there the Fight began, in which the Parliamentarians were defeated and fled, leaving the Foot to the mercy of their Adversaries, by whom hundreds of them were Slain, and more taken, with four brass Guns, Ammunition and Baggage, 28 Colours, and 9 Cornets; Waller having thus lost his Army, posts to London with a few followers for Recruits. This Fight happened July 13. Some difference arising in the North between L. Fairfax General for the Parliament, and Sir John Hotham Governor of Hull, who refused to submit to the L. Fairfax; the Parliament designed to displace Hotham, which he discovering by an intercepted Letter, began to project new designs, and his Son Capt. Hotham being suspected by the Parliament was imprisoned at Nottingham, but made his escape and underhand Treated with the E. of Newcastle; Upon which Orders were sent for seizing both Father and Son, which was done accordingly, together with his wife, and the rest of his Children, who were all sent up Prisoners to the Parliament; and some Months after Sir John and his Son were brought to Trial in Guildhall, the E. of Manchester and others being assigned their Judges; and the Father is charged, That he had Traitorously betrayed the Trust reposed in him by the Parliament, and adhered to the Enemy, as appeared by his Words, by his Letters, and by his Actions, and that he held correspondence with the Queen, the E. of Newcastle, L. Digby, and others of that Party, and had endeavoured to betray Hull to them. His Son was charged with things of the same nature; upon which they were both Sentenced to be Beheaded, which was accordingly Executed, the Son Jan. 1. 1644. and the Father, the next day after. But to return; July 4. 1643. P. Rupert sits down before Bristol, and though Coll. Fines had formerly hanged up some Citizens for intending to have delivered up the Town to the Prince, yet nevertheless the design took effect, for being at that time very ill provided for resistance, (which P. Rupert had notice of from his Correspondents within) the Governor was constrained after 3 days Siege, to surrender it to him. Aug. 12. the E. of Lindsey being freed from his imprisonment wherein he was since Edge-hill fight, came to the King at Oxford; and soon after P. Maurice besieged Exeter, flinging in Granades and firing part of the Suburbs, upon which a fruitless Parley ensued; the next day the Prince masters the Great Sconce, and turns the great Guns thereon upon the City, and then the Garrison agreed to yield, the Officers only to part with their Swords, and the private Soldiers to march out with Cudgels in their hands. At this time Judge Berkley who had been imprisoned by the Parliament about Ship-money, was fined Twenty thousand pound, made incapable of all Offices, and to continue a Prisoner during pleasure. The Parliament were now busied for recruiting Sir William Waller's Army, and to incline the Londoners to a more cheerful compliance, Pennington the L. Maior was made Lieutenant of the Tower; yet Waller was forced to stay because Essex his Army wanted likewise Reinforcement; Essex musters ten thousand men at Hounslow Heath; but this would not serve for so weighty an Affair as the relief of Gloucester, now besieged by the King, and he must therefore make use of the London Trained Bands. Gloucester was the place which stopped the current of the King's successes; Massey was Governor thereof, and had with him two Regiments of Foot, and an 100 Horse, which with some other Recruits made up 1500 men, with forty Barels of Powder, and a slender Artillery; yet they within behaved themselves like men of Resolution, and Alarumed the Besiegers with frequent Sallies; The King plants his Cannon against the Gates, which made above 150 shot, and the Granades did some Execution in the Town, yet nothing abated the Spirits of the People. Whereupon the King prepares for a General Storm, and all was ready, they within being in want and having but three Barrels of Powder left, when news comes that Essex was on his March with a powerful Army to raise the Siege; whereupon after consultation had by the King with the General Officers, it was resolved, the King's Army should draw off, which was done, and all their Huts were set on fire, and Sept. 5. 1643. Essex enters into Gloucester, and having furnished the City plentifully with provisions, went after the King, who at that Siege lost that opportunity of marching up to London (the Parliament having then no considerable Army in the Field) which he could never regain. The War had hitherto continued in Ireland, and the English Army had commonly success against the Rebels, but the King now understanding the Parliaments contracting with the Scots for aid; thought fit to strengthen himself by recalling part of his Army there, hither; and commissionated the E. of Ormond his Lieut. General, to agree on a cessation for a year, which was concluded at Singeston, and Sept. 18. 1643. was proclaimed by the Lords Justices and Council at Dublin; and soon after some Forces from thence landed in Wales, and took Hawerden Castle near Chester for the King. The E. of Essex having relieved Gloucester, speeds after the King, and passing by Cirencester left a strong Party there, where P. Maurice was expected that night; but instead of him, comes Essex, and being mistaken for the other, enters the Town without any Opposition, seizes 400 men, and 30 Cart loads of Provision, and then marches to Newberry where the King was before, and had gotten the advantage of the Ground, and planted his Ordnance; Early in the morning, Sept. 20. 1643. Essex views the King's Army, and in Newberry Common draws up his own, and falls to firing, the King's Army doing the like; That part of the Army which P. Rupert charged, being overlayed, were forced to fall off on the Right hand, where two Great Bodies of Horse marched down the Hill, and fell in furiously upon the Prince; both sides acting with great valour and fury, and coming to handy-strokes with their Swords. The Essexians then wheeling about charged the L. Jermins' Regiment, whom they forced to make their escape through some Bodies of Foot; this Battle caused great loss and bloodshed on either side, but greater on the Kings, whose other Bodies of Horse commanded by the Earls of Carnarvan, and Northampton, notwithstanding the great courage of their Commanders were overpowered, and the Earls of Carnarvan and Sunderland, Viscount Falkland and many other Officers and Gentlemen slain; The London Trained Bunds and Auxiliaries did the Parliament great service in this Fight; Night coming on, both Armies retired, and next day marched away from each other. After this, several Places were Garrisoned for the King by Sir William Vavasor, as Tewksbury, Shudley Castle and other places in , and soon after Waller again surpriseth Tewksbury, but is afterward beaten by P. Maurice. Massey and Waller take Hereford, and Sir William Brereton had the Town and Castle of Eccleshall delivered upon reasonable Quarter. An Ordinance is now published by the Parlirment to seize upon the King's Revenue; And Sir William Waller is made Major General of Hampshire, Sussex, Surrey, and Kent, and marching to Farnham beat a Party of the King's Army, and then took Aulton and Arundel, Casile; Colonel Nerton was routed by Hopton; and the Parliament finding the King's Power increase, they publish, That whoever shall assist the King with Horse, Arms, Plate or Money against them, are Traitors to the Parliament, and shall be so preceded against. The King summons a Parliament at Oxford, Jan. 22. 1643. where in the great Hall at Christ-Church he tell; them, That if he had the least Thoughts of disagreeing with the happiness of this Kingdom, he would not advise with such Councillors as they were; And so the upper Schools were assigned to the Lords, and the Convocation House to the Commons. In this Parliament, besides the Prince, D. of York, L. Keeper Littleton, Treasurer Cottington, D. of Richmond, and Marquess of Hartford, there were 19 Earls and as many Lords, and 117 Knights and Gentlemen, and afterwards 5 Lords and 23 Gentlemen more came to them; The first thing they fell upon, was to consider of means for effecting a Peace, to which end a Letter was written to the E. of Essex, and subsigned by all their hands, who returned no answer, but sent it to the Parliament at Westminster. Jan. 16. 1643. The Scots Army entered England by the way of Newcastle, being 18000 Foot, and 2000 Horse, under Gen. Levens; For assisting the Parliament in pursuance of the Solemn League and Covenant, and declaring the Justness of their Cause, which they profess to be Reformation of Religion, Honour of the King, and Peace of the Kingdoms; and that the main end of their coming is to rescue the King from his pernicious Counsellors. The Parliament caresse the Scots Army, and empower them to assess for themselves the Twentieth part of all Malignants Estates (as they called them) in the North, besides what other Counties were assessed for them. But the E. of Newcastle is marching to give them rougher entertainment, and the L. Fairfax sent his Son Sir Thomas against him. Sir John M●ldrum with 700 men besieged Newarks and is blocked up by Prince Rupert, whereupon they parleyed, and upon Articles were suffered to march away, leaving their Match, Bullet, Powder, Cannon and all other Fire-Arms behind them. In the mean time Matters are preparing for Scotland by James Marquss of Montro's who had formerly sided with the Covenanters, but now the King understanding he had really forsaken them, gives him a Commission to be General Governor of Scotland, and orders him Forces to go into the heart of that Kingdom, for a diversion to the Scots. In the year 1644. the Twentieth of his Majesty's Reign, Sir. Will. Waller defeats the L. Hoptons' Forces and takes Winchester, and Oliver Cromwell was made Governor of Ely; Beudly is surprised by Coll. Fox for the Parliament, and the Garrisons of Selby and Heintough are taken by the L. Fairfax and his Son, Prince Rupert raiseth the siege at Latham House. The King at this time in the presence of the Peers at Oxford received the Sacrament at Christ's Church at the hands of Bishop Usher, where he used these solemn Protestations: My Lords, I espy here many resolved Protestants, who 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 intent the establishment of the True Reformed Protestant Religion, as it stood in its beauty in the happy days of Q. Elizabeth, without any connivance at Popery; I bless God that in the midst of these Public Distractions I have still Liberty to communicate, and may this Sacrament be my damnation if my heart do not join with my lips in this Protestation. The Parliament at Westminster Voted it Treason for any Member, or Member of either House to desert them, and to go to the King, and they never to be received again. The King marcheth out of Oxford, and i● followed by Essex and Waller, he defeats Waller at Cropredy-Bridge, and Essex is blocked up by the King's Forces in Cornwall, and July 4th. the King sends several Letters to the Parliament about a Treaty of Peace. Sept. 12. the Parliament at Oxford Assemble again but falling into Factions and Divisions the King in March following Dissolves them. The Earl of Newcastle was besieged in York about two months, to whose relief Prince Rupert advanceth Northward with a great Power of Horse and Foot, upon whose approach to the City the Besiegers drew off, and those within sally out upon their Rear; the E. of Newcastle being thus relieved, joins with P. Rupert, resolving to follow the Parliamentarians and give them battle, which accordingly they did upon a Plain called Marston-Moor, where about 9000 men were slain, for the Royalists having near routed the Parliaments Army, pursued the Chase so far, that the Victory was snatched out of their hands, and the Parliament obtained an entire Victory, after 3 hours Fight resolutely maintained on both sides: After which York was delivered up to the Parliament, and they soon became Masters of all the North, and Levens the Scotch General takes Newcastle; After, this Battle which was the greatest both for the fierceness of it, and for the number of Soldiers on both sides, P. Rupert goes into Lancashire, but the E. of Neweastle lately made Marquis, with his two Sons, and his brother Sir Charles Cavendish, General King, the Lord Falconbridge, the Lord Widdrington, the Earl of Cranworth, the Bishop of , Sir Edward Widdrington, Coll. Carnaby, Col. Basset, Col. Mouson, Sir. William Vavasor, Sir Francis Mackworth with about eighty other persons, upon some discontent, refused to engage any further in the King's Cause, and went over to Hamburgh. New Levies are now made by the Parliament and 〈◊〉 Attempts were made by the Parliamentarians upon Dennington Castle, but in vain; The Queen going from Oxford to Exeter was there delivered of a daughter, June 16 1644. who was called Henrietta Maria, and afterward went from thence to Penden●is, Castle in Cornwall where she embarked for France, and did not return again to England, till His present Majesties Happy Restoration in 1660. Banbury Castle is relieved by Sir William Compton, having been besieged about 11 weeks by the Par●iamens Forces; Coll. Mine is defeated by Massy near Gloucester, and himself slain, and about 170 Officers and Soldiers taken Prisoners; Prince Rupert sending 500 Horse and Foot to fortify Beachly, in order to his going to Ashferry, they are routed by Massey, who soon after takes Monmouth Town. Newberry seemed to be a Place destined for Martial exploits, for October 27. another great Battle was fought there, between the King's party and the Parliaments, under Essex, Waller, and Manchester, wherein the Royalists were worsted, and between 4 and 5000 men slain on both sides; Novemb. 19 Monmouth is retaken by the King's Forces; December. 23. Sir. Alexander Carew was beheaded for endeavouring to deliver up the Island of Plymouth to the King's Forces. Two Principal Irish Rebels, the L. Macguire, and Mac-mahon had been sent from Ireland, and imprisoned in the Tower, from whence they made their escape, but being retaken, and Tried, were found guilty of High Treason, and were both Drawn, Hanged and Quartered at Tyburn, though Macguire pleaded his Privilege to the Lords, as a Peer of Ireland. Archbishop Laud having been accused by th● Parliament in 1640. as the framer of the Canon's 〈◊〉 Convocation, and other Delinquencies, and th● Scots joining him and the E. of Strafford in the Grand Accusation, charging him for obtruding th● Common Prayer Book, and Canons and Constitution Ecclesiastical upon their Nation, and for advising th● King to dissolve the last Parliament, and other su●● matters, upon which he was first committed to th● black Rod, and 10 weeks after Voted Guilty of Hig● Treason, and sent to the Tower, where he continue● 4 years; his Charge was, endeavouring the subversi●● 1. Of the Laws, 2. Of Religion, 3. Of the Priviledg● of Parliament; And after many times attending on th● House, Jan. 4. 1644. they passed their Ordinance o● Parliament. That he should be drawn, hanged and quartered; but upon his Petition, They voted him to be beheaded, which he suffered Jan. 10. after. Jan. 30. a Treaty was begun at Uxbridge between the King and Parliament, but took no effect: Basin House was relieved by the King's Forces, against which Sir William Waller had lost above 1000 men; About this time the E. of Essex was cashiered ou● of his Command, and Sir. Tho. Fairfax was Voted General of the Parliaments Forces; Col. Rossiter wa● defeated by Sir Marm. Langdale and the King's party. In April 1645. Colonel Massey defeated by Prince Rupert at Ledbury, and Blechington House delivered to the Parliament. In May, Oxford was besieged the first time, and Leicester taken by the King: In June, Leicester regained by the Parliament; Carlisle after 41 week's siege delivered by Sir T. Glenham to the Scots. June 14. 1645. was fought that unfortunate Battle at Naseby, which proved so fatal to the King and his Cause: This fight was exceeding bloody, both Armies being very courageous and numerous, there not being above 500 odds: On the Parliaments side ●ere slain and wounded above 1000 Officers and private Soldiers; but much more was the loss on 〈◊〉 the King's side, there being taken 6 Colonels, 8 lieutenant Colonels, 18 Majors, 70 Captains, 8 Lieutenant's, 200 Enfigns and other inferior Officers, 4500 ●ommon Soldiers, many Women, 13 of the King's household Servants, 4 Footmen, 12 pieces of Ordinance, ●000 Arms, 48 Barrels of Powder, 200 Carriages, all ●heir Bag and Baggage, with store of rich Pillage, ●000 Horse, the King's Standard, and one of his coaches, and his Cabinet of Letters and Papers, which were afterwards published, so that it proved a complete Victory to the Parliamentarians. In July, the King's Forces were defeated at Lang●ort, about 200 slain, and 1400 Prisoners: Pomfret Castle, Bridgwater, Scarborough, and Bath, delivered to the Parliament. In August, Sherburn Castle ta●en by the Parliament: In Sept. Bristol surrendered ●o them, and the King's Forces worsted at Routon Heath: In October, Basing-House taken by Cromwell, ●nd L. Digby defeated in Yorkshire; in Decemb. La●●am House delivered by the King's Order, and Here●●rd surprised by the Parliament, before which ●lace the Scots in August had lost about 1000 men: ●n March, L. Ashly defeated near Stow. In April, 1646. Ruthen Castle Exeter, St. Micha●ls Mount, Dunster Castle, and Woodstock yielded; Corf Castle taken by Stratagem: Sir Tho. Fairfax resolves ●o march to Oxford, which put the King upon thoughts of providing for his own safety, and therefore April, ●3. he goes out of Oxford in Disguise with Mr. Hud●●… a Minister, and Mr. John Ashburnham, whose Ser●ant he personated, and went to the Scots Army at Newark. In May, Oxford was besieged, and Banbury ●nd Radnor surrendered to the Parliament. In June, Litchfield, Worcester, Wallingford Castle, Borstall, Oxford, and Farringdon, and yielded to the Parliament: In July, Gothridge and Pendennis the like, and Conway taken by Storm: In August, Ragland surrendered by the Marquis of Worcester; In September, Scilly Island and Castle taken, Denbigh Castle also yielded. In Novemb. Gen. Fairfax marched Triumphantly into London. In February, the Scotch Army having first sold the King for two hundred thousand Pound, marched into Scotland, and the King was sent Prisoner to Holmby by the Parliament. The King being now in the power of his Enemies, they remove him from place to place, and at length into the Isle of Wight, under the Guard of Coll. H●●mond; and afterwards a Treaty of Peace was there begun, wherein things were so managed, that his Majesty's Concessions were Voted satisfactory: After which the Army and some part of the Parliament driving on an Interest contrary to Peace, turned all such Members out of the House of Commons as they thought would not comply with their Designs; and then conveyed the King to Windsor: During which time there happened several Bicker and Engagements between the Royalists and the Parliamentarians; the Royal Party being in all places defeated, especially at Maidstone, Pontefract, Bow, Stratford, Kingston and Preston, (where the Scotch Army received a very great Overthrow, losing abundance of men:) And last at Colchester, where those two gallant Gentlemen, Sir Ch. Lucas and Sir George Lisle were shot to death after quarter given, contrary to the Law of Arms. After this, the Officers of the Army, and those Members then left in the House, proceeded to that height as to presume to bring the King to Trial; which because it was an unparallelled Action, it may be necestary to give a more particular Account thereof. Charles I (in disguise) and four other figures on horseback leaving Oxford The King goes from Oxford in disguise 1646 trial of Charles I The Illegal Trial of King Charles the 〈◊〉 execution of Charles I: king, executioner bearing ax, and six others standing on scaffold The Martyrdom of King Charles 1648 Upon the fourth of January, 1648. the House of Commons being turned into a Grand Committee, passed these following Votes. 1. That the People under God are the Original of all just Power. 2. That the Commons of England Assembled in Parliament, being chosen by, and representing the People, have the Supreme Authority of the Nation. 3. That whatsoever is Enacted and Declared for Law by the Commons of England Assembled in Parliament, hath the force of a Law. 4. That all the People of the Nation are included thereby; although the consent, and concurrence of the House of Peers be not had thereunto. 5. That to raise Arms against the People's Representative or Parliament, and to make War upon them, is High Treason. 6. That the King himself took Arms against the Parliament, and upon that account is guilty of the Bloodshed throughout the Civil War; and that he ought to explate the Crime with his own Blood. After this they proceeded to make a pretended Act for the Trial of the King, which they ●ntituled, An Act of the Commons of England Assembled in Parliament, for erecting of an High Court of ●ustice for the Trying and Judging of CHARLES STUART King of England: which was in the ●orm following. WHereas it is notorious, That Charles Stuart the now King of England, not content with those many encroachments which his Predecessors had made upon the People in their Rights and Freedoms, hath had a wicked design totally to subvert the ancient and fundamental Laws and Liberty of the Nation: And in their place, to introduce an Arbitrary and Tyrannical Government, with fire and sword levied and maintained a cruel War in the Land, against the Parliament and Kingdom; Whereby the Country hath been miserably wasted, the public Treasury exhausted, Trade decayed, and thousands of People murdered, and infinite of other mischiefs committed; For all which High and Treasonable Offences, the said Charles Stuart might long since justly have been brought to exemplary and condign punishment: Whereas also the Parliament, well hoping that the restraint and imprisonment of his Person, (after it had pleased God to deliver him into their hands) would have quieted the disturbers of the Kingdom, did forbear to proceed judicially against him: But found by sad experience, that such their remissives served only to encourage him and his Complices, in the Continuance of their evil practices, and in raising of new Commotions, Designs, and Invasions; For prevention therefore of the like greater inconveniencies, and to the end that no Magistrate or Officer whatsoever, may hereafter presume traitorously and maliciously to imagine or contrive the enslaving or destroying of the English Nation, and to expect impunity in so doing: Be it Ordained and Enacted by the Commons is Parliament assembled, and it is hereby Ordained and enacted by the Authority thereof: That Thomas L. F. O. C. etc.— shall be, and are hereby appointed Commissioners and Judges, for the Hearing, Trying, and Judging of the said Charles Stuart, and the said Commissioners or any Twenty or more of them, shall be, and are hereby authorized and Constituted an High Court of Justice, to meet at such convenient times and places, as by the said Commissioners, or the major part, or twenty or more of them, under their Hands and Seals shall be appointed and notified by public Proclamation in the great Hall or Palace-yard of Westminster; and adjourn from time to time, and from Place to place, as the said High Court, or the major part thereof meeting should hold fit, and to take Order for charging of him the said Charles Stuart with the Crimes , and for the receiving his Personal Answer thereunto, and for Examination of Witnesses upon Oath (if need be) concerning the same; and thereupon, or in default of such Answer, to proceed to final Sentence according to Justice, and the merit of the Cause, and to be Executed speedily and Impartially, etc. Presently after this was published, Proclamation was made, That those who had any thing to say against the King, should have a hearing given them: This was proclaimed first in Westminster-Hall, by the Sergeant at Arms to the Commissioners, Riding into the Hall with his Mace, attended with six Trumpeters and other Officers, who likewise road bare into the Hall with him, the Drums of the Guard beating in the mean time without in the Palace-yard. And the day after Proclamation was made to the same effect in Cheapside, and at the Old-Exchange: And in order to this grand Trial, Hillary Term which usually gins Jan. 23. was adjourned for fourteen days; The House of Lords, refusing to concur with the Commons in their Ordinance for the King's Trial, the Commons resolve and Vote, That all Members and others appointed to Act in any Ordinance, are impowered and enjoined to Sat, Act, and Execute, notwithstanding the House of Peers join not with them. And now the Ministers in general, and the Presbyterians likewise, who had been active against the King's Cause, declare themselves both in their Pulpits, and by earnest Petitions to the Parliament, to be zealous abhorrers of the King's death, and every where publicly protest against this Trial; The Nobility likewise offer themselves Pledges on the King's behalf; and the People universally seem greatly troubled and astonished: Notwithstanding all which the House of Commons and the Army went desperately on, and a New and Illegal Tribunal called An High Court of Justice was erected, the Commissioners whereof met in the Painted Chamber to consult what course to take about the Trial of the King. Friday Jan. 19 1648. The King was brought with a strong Guard of Horse from Windsor to St. James'; and the next day Serjeant Bradshaw Precedent of the pretended High Court of Justice, with about seventy of the Members of the said Court, having Coll. Fox and sixteen Gentlemen with Partisans, and a Sword born by Coll. Humphrey, and a Mace by Serj. Dandy, with their and other Officers of the faid Court marching before them, came to the place ordered to be prepared for their sitting, at the West end of the Great Hall in Westminster; where the Lord Precedent in a Crimson Velvet Chair, fixed in the midst of the Court, placed himself having a Desk with a Crimson Velvet Cushion before him: The rest of the Members placing themselves on each side of him, upon the several Seats or Benches prepared and hung with Scarlet for that purpose, and the Partisans dividing themselves on each side of the Court before them. The Court being thus set, and silence made, the great Gate of the said Hall was set open, to the end, That all persons, without exception, desirous to see, or hear, might come into it; upon which the Hall was presently filled, and Silence again ordered. This done, Colonel Thomlinson, who had the charge of the King, as a Prisoner, was commanded to bring him to the Court, who within a quarter of an hours space brought him attended with about twenty Officers with Partisans marching before him, there being Coll. Hacker and other Gentlemen, to whose care and Custody he was likewise committed, marching in his Rear. Being thus brought up within the face of the Court, the Sergeant at Arms, with his Mace, receives and conducts him straight to the Bar, where a Crimson Velvet Chair was set for the King. After a stern looking upon the Court, and the people in the Galleries on each side of him, he places himself, not at all moving his Hat, or otherwise showing the least respect to the Court, but presently rises up again, and turns about looking downwards upon the Guards placed on the left side, and on the multitude of Spectators on the right side of the said great Hall. After Silence made among the people, the Act of Parliament for the Trying of CHARLES STVART King of England, was read over by the Clerk of the Court; who sat on one side of the Table covered with a rich Turkey Carpet, and placed at the feet of the said Lord Precedent, upon which Table was also laid the Sword and Mace. After reading the said Act, the several Names of the Commissioners were called over, every one who was present, rising up, and answering to his Call. The King having again placed himself in his Chair, with his face towards the Court, Silence being again ordered, the Lord Precedent stood up and said: Precedent. CHARLES STVART, King of England; The Commons of England Assembled in Parliament, being deeply sensible of the Calamities that have been brought upon this Nation, (which is fixed upon you, as the Principal Author of them) have resolved to make inquisition for Blood, and according to that Debt and Duty they own to Justice, to God, the Kingdom, and themselves, and according to the Fundamental Power that rests in themselves, They have resolved to bring you to Trial and Judgement; and for that purpose have constituted this High Court of Justice, before which you are brought. This said, Mr. Cook Solicitor General for the Commonwealth (standing within a Bar on the right hand of the King) offered to speak; but the King having a Staff in his hand, held it up, and laid it upon the said Mr. Cooks shoulder two or three times, bidding him hold: Nevertheless, the Lord Precedent ordering him to go on, he said: Cook. My Lord, I am commanded to charge Charles Stuart, King of England, in the name of the Commons of England, with Treason and high Misdemeanours; I desire the said Charge may be read. The said Charge being delivered to the Clerk of the Court, the Lord Precedent ordered it should be read, but the King bid him hold; Nevertheless, being commanded by the Lord Precedent to read it, the Clerk begun. The Charge of the Commons of England against CHARLES STUART King of England, of High Treason, and other High Crimes, exhibited to the High Court of Justice. THat the said Charles Stuart being admitted King of England, and therein trusted with a Limited Power, to govern by, and according to the Laws of the Land, and not otherwise; And by his Trust, Oath, and Office, being obliged to use the power committed to him, for the good and benefit of the people, and for the preservation of their Rights and Liberties; Yet nevertheless, out of a wicked design to erect, and uphold in himself an unlimited and Tyrannical Power, to rule according to his Will, and to overthrow the Rights and Liberties of the People; Yea, to take away, and make void the Foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental Constitutions of this Kingdom, were reserved on the People's behalf, in the Right and Power of frequent and successive Parliaments, or National meetings in Council; He, the said Charles Stuart, for accomplishment of such his Designs, and for the protecting of himself and his Adherents, in His and their wicked practices to the same end, hath traitorously and maliciously levied War against the present Parliament, and the people therein represented. Particularly, upon or about the thirtieth day of June, in the year of our Lord, One thousand six hundred forty and two, at Beverly in the Count, of York; And upon or about the thirtieth day of July, in the year aforesaid, in the County of the City of York; and upon, or about the twenty fourth day of August, in the same year, at the County of the Town of Nottingham, (when, and where he set up his Standard of War,) and upon, or about the twenty third day of October, in the same year, at Edge-Hill, and Keinton-field, in the County of Warwick; And upon or about the thirtieth day of Nou. in the same year, at Brainford in the County of Middlesex: And upon, or about the thirtieth day of Aug. in the year of our Lord, One thousand six hundred forty and three at Cavesham-bridge near Reding, in the County of Berks: And upon, or about the thirtieth day of October, in the year last mentioned, at, or near the City of Gloucester; And upon, or about the thirtieth day of November, in the year last mentioned, at Newberry, in the County of Berks; and upon; or about the one and thirtieth day of July; in the year of our Lord, One thousand six hundred forty and four, at Cropredy-bridge, in the County of Oxon; And upon, or about the thirtieth day of September, in the last year mentioned, at Bodmin, and other places near adjacent, in the County of Cornwall; And upon, or about the thirtieth day of November, in the last year mentioned, at Newberry aforesaid: And upon or about the Eighth of June, in the year of our Lord, One thousand six hundred forty and five, at the Town of Leicester; and also upon the fourteenth day of the same month; in the same year, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times, within the years aforementioned: And in the year of our Lord, One thousand six hundred forty and six: He the said Ch. Stuart, hath caused and procured many thousands of the Free-people of the Nation to be slain; and by Divisions, parties, and insurrections, within this Land, by Invasions from Foreign parts, endeavoured and procured by him, and by many other evil ways and means; He the said Charles Stuart, hath not only maintained and carried on the said War, both by Land and Sea, during the years before mentioned; but also hath renewed, or caused to be renewed, the said War against the Parliament, and good people of this Nation, in this present year, One thousand six hundred forty and eight, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea: and particularly, He the said Charles Stuart, hath for that purpose, given Commission to his Son, the Prince and others; whereby, besides multitudes of other persons, many such, as were by the Parliament entrusted and employed for the safety of the Nation, being by Him or His Agents, Corrupted, to the betraying of Their Trust, and revolting from the Parliament, have had entertainment and Commission, for the continuing and the renewing of War and Hostility, against the said Parliament and people, as aforesaid. By which cruel and unnatural Wars by Him the said Charles Stuart, levied, continued, and renewed, as aforesaid, much Innocent Blood of the Free-People of this Nation hath been spilt, many Family have been undone, the public Treasury wasted and exhausted, Trade obstructed, and miserably decayed; vast expense, and damage to the Nation incurred, and many parts of the Land spoilt, some of them even to desolation. And for further prosecution of his said evil Designs, He, the said Charles Stuart, doth still continue his Commissions to the said Prince, and other Rebels and Revolters, both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him: from whom further Invasions upon this Land are threatened, upon the procurement and on the behalf of the said Charles Stuart. All which wicked Designs, Wars, and evil practices of him the said Charles Stuart, have been, and are carried on, for the advancing and upholding of the personal Interest of Will and Power, and pretended Prerogative to Himself and his Family, against the public Interest, Common Right, Liberty, Justice, and Peace of the people of this Nation, by, and for whom he was entrusted, as aforesaid. By all which it appeareth, that he the said Charles Stuart, hath been, and is the Occasioner, Author, and Contriver of the said Unnatural, Cruel and Bloody Wars, and therein guilty of all the Treasons, Murders Rapines, Burn, Spoils, Desolations, Damage and Mischief to this Nation acted or committed in the said Wars, or occasioned thereby. And the said John Cook, by protestation (saving on the behalf of the people of England, the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart, and also of replying to the Answers which the said Ch. Stuart shall make to the Premises, or any of them, or any other Charge that shall be so Exhibited) doth for the said Treasons and Crimes, on the behalf of the said people of England, Impeach the said Charles Stuart as a Tyrant, Traitor, Murderer, and a public and implacable Enemy to the Commonwealth of England: And pray, that the said CHARLES STVART, King of England, may be put to answer All, and Every the Premises; That such Proceed, Examinations, Trials, Sentence, and Judgement may be thereupon had, as shall be agreeable to Justice. IT is observed, that the time the Charge was reading, the King sat down in his Chair, looking sometimes on the Court, sometimes up to the Galleries, and having risen again, and turned about to behold the Guards and Spectators, sat down, looking very sternly, with a countenance not at all moved, till these words, viz. Charles Stuart (to be a Tyrant and Traitor, etc.) were read, at which he laughed as he sat in the face of the Court. Charge being read, the Lord Precedent replied, Precedent. Sir, you have now heard your Charge read, containing such matters as appear in it; you find, That in the close of it, it is prayed to the Court, in the behalf of the Commons of England, that you answer to your Charge. The Court expects your Answer. King. I would know by what Power I am called hither? I was, not long ago, in the Isle of Wight, how I came there, is a longer story than I think is fit at this time for me to speak of; but there I entered into a Treaty with both Houses of Parliament,, with as much public Faith as 'tis possible to be had of any people in the world. I treated there with a number of Honourable Lords and Gentlemen, and treated honestly and uprightly; I cannot say but they did very nobly with me, we were upon a conclusion of the Treaty. Now I would know by what Authority, I mean, lawful; there are many unlawful Authorities in the world, Thiefs and Robbers by the high ways; but I would know by what Authority I was brought from thence, and carried from place to place, (and I know not what;) and when I know by what lawful Authority, I shall answer: Remember I am your King, and what sins you bring upon your heads, and the Judgement of God upon this Land, think well upon it, I say, think well upon it, before you go further from one sinto a greater, therefore let me know by what lawful Authority I am seated here, and I shall not be unwilling to answer; in the mean time I shall not betray my Trust. I have a Trust committed to me by God, by old and lawful Descent, I will not betray it to answer to a new unlawful Authority, therefore resolve me that, and you shall hear more of me. Precedent. If you had been pleased to have observed what was hinted to you, by the Court, at your first coming hither, you would have known, by what Authority; which Authority, requires you, in the name of the people of England, of which you are Elected King, to answer them. King. No Sir, I deny that. Precedent. If you acknowledge not the Authority of the Court, they must proceed. King. I do tell them so, England was never an Elective Kingdom, but an Hereditary Kingdom for near these thousand years, therefore let me know by what Authority I am called hither: I do stand more for the Liberty of my people than any here that come to be my pretended Judges; and therefore let me know by what lawful Authority I am seated here, and I will answer it, otherwise I will not answer it. Precedent. Sir, how really you have managed your Trust, is known: your way of answer is to interrogate the Court, which beseems not you in this condition. You have been told of it twice or thrice. King. Here is a Gentleman, (Lieut. Col. Cobbet) ask him, if he did not bring me from the Isle of Wight by force? I do not come here as submitting to the Court; I will stand as much for the Privilege of the House of Commons, rightly understood, as any man here whatsoever. I see no House of Lords here that may constitute a Parliament, and (the King too) should have been. Is this the bringing of the King to his Parliament? Is this the bringing an end to the Treaty in the public Faith of the world? Let me see a legal Authority warranted by the Word of God, the Scriptures, or warranted by the Constitutions of the Kingdom, and I will answer. Precedent. Sir. You have propounded a Question, and have been answered: seeing you will not answer, the Court will consider how to proceed; in the mean time, those that brought you hither, are to take charge of you back again. The Court desires to know whether this be all the Answer you will give, or no? King. Sir, I desire that you would give me, and all the world, satisfaction in this; let me tell you; it is not a slight thing you are about. I am sworn to keep the Peace by that duty I own to God and my Country, and I will do it to the last breath of my body, and therefore you shall do well to first God, and then the Country, by what Authority you do it; if you do it by a usurped Authority, that will not last long. There is a God in Heaven that will call you, and all that give you power, to account: Satisfy me in that, and I will answer, otherwise I betray my trust, and the Liberties of the People, and therefore think of that, and then I shall be willing. For I do avow, that it is as great a sin to withstand lawful Authority, as it is to submit to a Tyrannical, or any other ways unlawful Authority; and therefore satisfy God, and me, and all the World in that, and you shall receive my Answer: I am not afraid of the Bill. Precedent. The Court expects you should give them a final Answer; their purpose is to adjourn till Monday next, if you do not satisfy yourself, though we do tell you our Authority; we are satisfied with our Authority, and it is upon God's Authority and the Kingdoms, and that peace you speak of will be kept in the doing of Justice, and that's our present work. King. Let me tell you, if you will show me what lawful Authority you have, I shall be satisfied: But that you have hitherto said, satisfies no reasonable man. Precedent. That's in your apprehension, we think it reasonable that are your Judges. King. 'Tis not my apprehension, nor yours neither, that aught to decide it. Precedent. The Court hath heard you, and you are to be disposed of as they have commanded. Two things were remarkable in this day's proceed. 1. It is observed, That as the Charge was reading against the King, the silver head of his Staff fell off, the which he wondered at, and seeing none to take it up, he stooped for it himself, and put it in his pocket. 2. That as the King was going away, he looking with a very austere countenance upon the Court, without stirring of his Hat, replied, Well Sir, (when the L. President commanded the Guard to take him away) and at his going down, he said, I do not fear that, (pointing with his staff at the Sword.) The people in the Hall, as he went down the stairs cried out, some, God save the King, and some for Justice. O yes being called, the Court adjourned till Monday next, January 22. at 9 in the morning to the Painted Chamber, and from thence to the same place again in Westminster Hall. January 21. being Sunday, the Commissioners kept a Fast at White-Hall; there Preached Mr. Spigge, his Text was, He that sheds Man's blood, by Man shall his blood be shed: next, Mr. Foxeley, his Text Judge not, lest you be judged. Last, was Mr. Peter's, his Text was, I will bind their Kings in Chains, and their Nobles in fetters of Iron. At the High-Court of Justice sitting in Westminster-Hall, Monday, Jan. 22. 1648. O Yes made: Silence commanded, The Court called, and answered to their Names. Silence commanded upon pain of imprisonment, and the Captain of the Guard to apprehend all such as make disturbance. Upon the Kings coming in a shout was made. Command given by the Court to the Captain of the Guard, to fetch and take into his custody those who make any disturbance. Mr. Solicitor. May it please your Lordship, my Lord Precedent, I did at the last Court in the behalf of the Commons of England, exhibit and give into this Court a Charge of High Treason and other high Crimes, against the Prisoner at the Bar, whereof I do accuse him in the name of the People of England, and the Charge was read unto him, and his Answer required. My Lord, he was not then pleased to give an Answer, but in stead of answering, did there dispute the Authority of this High Court. My humble Motion to this High Court, in behalf of the People of England, is, That the Prisoner may be directed to make a positive Answer, either by way of Confession or Negation; which if he shall refuse to do, that the matter of. Charge may be taken pro confesso, and the Court may proceed according to Justice. Precedent. Sir, You may remember at the last Court, you were told the occasion of your being brought hither, and you heard a Charge against you, containing a Charge of high Treason, and other high Crimes, against this Realm of England; you heard likewise that it was prayed in the behalf of the People, that you should give an answer to that Charge, that thereupon such proceed might be had, as should be agreeable to justice; you were then pleased to make some scruples concerning the Authority of this Court, and knew not by what Authority you were brought hither; you did divers times propound your Questions, and were as often answered, that it was by Authority of the Commons of England assembled in Parliament, that did think fit to call you to an account for those high and capital misdemeanours wherewith you were then charged. Since that, the Court hath taken into Consideration what you then said; they are fully satisfied with their own Authority, and they hold it fit you should stand satisfied with it too; and they do require it, that you do give a positive and particular Answer to this Charge that is exhibited against you, they do expect you should either confess or deny it; if you deny, it is offered in the behalf of the Nation to be made good againsts you; their Authority they do avow to the whole world, that the whole Kingdom are to rest satisfied in, and you are to rest satisfied with it, and therefore you are to lose no more time, but to give a positive Answer thereunto. King. When I was here last, 'tis true, I made that Question, and truly if it were only my own particular case, I would have satisfied myself with the Protestation I made the last time I was here against the Legality of this Court, and that a King cannot be tried by any Superior Jurisdiction on Earth; but it is not my case alone, it is the Freedom and the Liberty of the people of England; and do you pretend what you will, I stand more for their Liberties. For if power without Law, may make Laws, may alter the fundamental Laws of the Kingdom, I do not know what Subject he is in England, that can be sure of his life, or any thing that he calls his own; therefore when that I came here, I did expect particular Reasons to know by what Law, what Authority you did proceed against me here, and therefore I am a little to seek what to say to you in this particular, because the Affirmative is proved, the Negative often is very hard to do: but since I cannot persuade you to do it, I shall tell you my Reasons as short as I can. My Reasons why in Conscience, and the duty I own to God first, and my People next, for the preservation of their Lives, Liberties and Estates; I conceive I cannot answer this, till I be satisfied of the legality of it. Here the King would have delivered his Reasons. All proceed against any man whatsoever— President. Sir, I must interrupt you, which I would not do, but that what you do, is not agreeable to the proceed of any Court of Justice; you are about to enter into Argument, and dispute concerning the Authority of this Court, before whom you appear as a Prisoner, and are charged as an high Delinquent; if you take upon you to dispute the Authority of the Court, we may not do it, nor will any Court give way unto it, you are to submit unto it, you are to give in a punctual and direct Answer, whether you will answer to your Charge or no, and what your Answer is. King. Sir by your favour, I do not know the forms of Law, I do know Law and Reason, though I am no Lawyer professed, yet I know as much Law as any Gentleman in England; and therefore (under favour) I do plead for the Liberties of the People of England more than you do, and therefore if I should impose a belief upon any man without Reasons given for it, it were unreasonable; but I must tell you, That by that Reason that I have as thus informed, I cannot yield unto it. Precedent. Sir, I must interrupt you, you may not be permitted; you speak of Law and Reason, it is fit there should be Law and Reason, and there is both against you. Sir, the Vote of the Commons of England Assembled in Parliament, it is the Reason of the Kingdom, and they are these too that have given that Law, according to which you should have ruled and reigned. Sir, you are not to dispute our Authority, you are told it again by the Court. Sir, it will be taken notice of, that you stand in contempt of the Court, and your contempt will be recorded accordingly. King. I do not know how a King can be a Delinquent: not by any Law that ever I heard of, all men (Delinquents or what you will) let me tell you, they may put in Demurrers against any proceed as Legal, and I do demand that, and demand to be heard with my Reasons, if you deny that, you deny Reason. Precedent. Sir, you have offered something to the Court, I shall speak something unto you the sense of the Court; Sir, neither you nor any man are permitted to dispute that point, you are concluded, you may not demur the Jurisdiction of the Court; if you do, I must let you know, that they overrule your Demurrer, they sit here by the Authority of the Commons of England, and all your Predecessors, and you are responsible to them. King. I deny that, show me one Precedent— Precedent. Sir you ought not to interrupt while the Court is speaking to you, this point is not to be debated by you, neither will the Court permit you to do it; if you offer it by way of Demurrer to the Jurisdiction of the Court, they have considered of their Jurisdiction, they do affirm their own Jurisdiction. King. I say Sir, by your favour, that the Commons of England was never a Court of Judicature, I would know how they came to be so. Precedent. Sir, you are not to be permitted to go on in that Speech, and these Discourses. Then the Clerk of the Court read as followeth. Charles Stuart, King of England, You have been accused on the behalf of the People of England, of High Treason, and other high Crimes, the Court have determined, that you ought to answer the same. King. I will answer the same as soon as I know by what Authority you do this. Precedent. If this be all that you will say, than Gentlemen, you that brought the Prisoner hither, take charge of him back again. King. I do require that I may give in my Reasons why I do not Answer, and give me time for that. Precedent. Sir, 'Tis not for Prisoners to require. King. Prisoners! Sir, I am not an ordinary Prisoner. Precedent. The Court hath considered of their Jurisdiction, and they have already affirmed their Jurisdiction; if you will not answer, we shall give order to record your default. King. You never heard my Reasons yet. Precedent. Sir, your Reasons are not to be heard against the highest Jurisdiction. King. Show me that Jurisdiction, where Reason is not to be heard. Precedent. Sir, We show it you here, the Commons of England; and the next time you are brought, you will know more of the pleasure of the Court, and it may be, their final determination. King. Show me wherever the House of Commons was a Court of Judicature of that kind. Precedent. Serjeant take away the Prisoner. King. Well Sir, remember that the King is not suffered to give his Reasons for the Liberty and Freedom of all his Subjects. Precedent. Sir, You are not to have liberty to use this language; how great a friend you have been to the Laws and Liberties of the people, let all England and the World judge. King. Sir, under favour, it was the Liberty, Freedom, and Laws of the Subject that ever I took— defended myself with Arms; I never took up Arms against the People, but for my people and the Laws. Precedent. The command of the Court must be obeyed; no Answer will be given to the Charge. King. Well Sir. Then the Lord Precedent ordered the default to be recorded, and the Contempt of the Court, and that no answer would be given to the Charge. And so was guarded forth to Sir Robert Cotton's house. Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock, and from thence they intended to adjourn to Westminster-Hall, at which time all persons concerned were to give their attendance. Resolutions of the Court at their meeting in the Painted Chamber, Lunae Jan. 22. 1648. This day the King being withdrawn from the Bar of the High Court of Justice, the Commissioners of the said High Court of Justice sat private in the Painted Chamber, and considered of the King's carriage upon the Saturday before, and of all that had then passed, and fully approved of what the Lord Precedent had done and said in the managing of the business of that day, as agreeing to their sense. And perceiving what the King aimed at, viz. to bring in question (if he could) the Jurisdiction of the Court, and the Authority thereof, whereby they sat; and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges; and through their sides intended to wound (if he might be permitted) the Supreme Authority of the Commons of England, in their Representatives the Commons assembled in Parliament, after advice with their Council learned in both Laws, and mature deliberation had of the matter: Resolved, That the King should not be suffered to argue the Courts Jurisdiction, of that which constituted them a Court, of which debate they had not proper Conusance, nor could they, being a derivative Judge of that Supreme Court which made them Judges, from which there was no Appeal, and did therefore order and direct, viz. Ordered, That in case the King shall again offer to dispute the Authority of the Court, the Lord President do let him know, that the Court have taken into consideration his demands of the last day, and that he ought to rest satisfied with this Answer; That the Commons of England assembled in Parliament have constituted this Court, whose power may not, nor should be permitted to be disputed by him. That in case the King shall refuse to answer or acknowledge the Court, the Lord President do let him know that the Court will take it as a Contumacy, and that it shall be so Recorded. That in case he shall offer or answer with a saving, notwithstanding of his pretended Prerogatives, above the jurisdiction of the Court, That the Lord President do in the Name of the Court refuse his protest, and require his positive Answer, whether he will own the Court or not. That in case the King shall demand a Copy of the Charge, that he shall then declare his intention to Answer, and that declaring his intention, a Copy be granted unto him. That in case the King shall still persist in his contempt, the Lord President do give command to the Clerk, to demand of the King, in the name of the Court, in these words following, viz. Charles Stuart King of England, you are accused in the behalf of the People of England, of divers high Crimes and Treasons, which Charge hath been read unto you. The Court requires you to give a positive Answer, to confess or deny the Charge, having determined that you ought to Answer the same. At the High Court of Justice sitting in Westminster Hall, Tuesday, Jan. 23. 1648. O yes made. Silence commanded. The Court called. Seventy three Persons present. The King comes in with his Guard, looks with an austere countenance upon the Court, and sits down. The second O Yes made, and silence commanded. Mr. Cook Solicitor General. May it please your Lordship, my Lord Precedent, This is now the third time that by the great grace, and favour of this High Court, the Prisoner hath been brought to the Bar, before any Issue joined in the Cause. My Lord, I did at the first Court exhibit a Charge against him, containing the highest Treason that ever was wrought upon the Theatre of England: that a King of England, trusted to keep the Law, That had taken an Oath so to do, That had Tribute paid him for that end, should be guilty of a wicked design to subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government, in the defiance of the Parliament and their Authority, set up his Standard for War against his Parliament and People; and I did humbly pray, in the behalf of the People of England; that he might speedily be required to make an answer to the Charge. But, my Lord, instead of making any Answer, he did then dispute the Authority of this High Court; your Lordship was pleased to give him a further day to consider, and to put in his Answer, which day being yesterday, I did humbly move that he might be required to give a direct and positive answer, either by denying, or confession of it; but (my Lord) he was then pleased for to demur to the Jurisdiction of the Court, which the Court did then overrule, and command him to give a direct and positive Answer. My Lord, besides this great delay of, Justice, I shall now humbly move your Lordship for speedy Judgement against him. My Lord, I might press your Lordship upon the whole, That according to the known Rules of the Law of the Land, That if a Prisoner shall stand as contumacious in contempt, and shall not put in an issuable plea, Guilty or not Guilty of the Charge given against him, whereby he may come to a fair Trial; That as by an implicit confession, it may be taken pro confesso, as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done: but besides, my Lord, I shall humbly press your Lordship upon the whole Fact; the House of Commons, the Supreme Authority and Jurisdiction of the Kingdom, they have declared, That it is notorious, That the matter of the Charge is true, as it is in truth (my Lord) as clearas Crystal, and as the Sun that shines at noonday; which if your Lordship and the Court be not satisfied in, I have notwithstanding, on the people of England's behalf, several witnesses to produce: And therefore I do humbly pray, and yet I must confess it is not so much I, as the innocent blood that hath been shed, the cry whereof is very great for justice and judgement, and therefore I do humbly pray, that speedy Judgement be pronounced against the Prisoner at the Bar. Precedent. Sir, you have heard what is moved by the Council on the behalf of the Kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget, what dilatory deal the Court hath found at your hands: you were pleased to propound some Questions, you have had your Resolutions upon them. You were told over and over again, That the Court did affirm their own jurisdiction: That it was not for you, nor any other man, to dispute the Jurisdiction of the Supreme and highest Authority of England, from which there is no Appeal, and touching which there must be no dispute; yet you did persist in such carriage, as you gave no manner of obedience, nor did you acknowledge any Authority in them, nor the High Court, that constituted this Court of Justice. Sir, I must let you know from the Court, That they are very sensible of these delays of yours, and that they ought not, being thus Authorized by the supreme Court of England, to be thus trifled withal, and that they might in justice, if they pleased, and according to the Rules of Justice, take advantage of these delays, and proceed to pronounce judgement against you; yet nevertheless they are pleased to give direction, and on their behalves I do require you, that you make a positive Answer unto this Charge that is against you: Sir, in plain terms; for Justice knows no respect of persons, you are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to your Charge. The King after a little pause, said, When I was here yesterday, I did desire to speak for the Liberties of the People of England; I was interrupted: I desire to know yet whether I may speak freely or not. Precedent. Sir you have had the Resolution of the Court upon the like Question the last day, and you were told, That having such a Charge of so high a Nature against you, your Work was, that you ought to acknowledge the jurisdiction of the Court, and to Answer to your Charge. Sir, if you Answer to your Charge, which the Court gives you leave now to do, though they might have taken the advantage of your Contempt, yet if you be able to Answer to your Charge, when you have once Answered, you shall be heard at large, make the best Defence you can. But Sir, I must let you know from the Court, as their commands, that you are not to be permitted to issue out into any other discourses, till such time as you have given a positive Answer concerning the Matter that is Charged upon you. King. For the Charge I value it not a Rush, it is the Liberty of the people of England that I stand for; for me to acknowledge a new Court, that I never heard of before, I that am your King, that should be an example to all the people of England, for to uphold Justice, to maintain the old Laws; indeed I do not know how to do it; you spoke very well the first day that I came here, (on Saturday) of the Obligations that I had laid upon me by God, to the maintenance of the Libertyes of my People: The same Obligation you speak of, I do acknowledge to God that I own to Him, and to my people, to defend, as much as in me lies, the ancient Laws of the Kingdom; therefore until that I may know that this is not against the Fundamental Laws of the Kingdom, by your favour, I can put in no particular Answer: If you will give me time, I will then show you my Reasons why I cannot do it, and this— Here being interrupted, he said, By your favour, you ought not to interrupt me; how I came here, I know not, there's no Law for it, to make your King your Prisoner: I was lately in a Treaty upon the public Faith of the Kingdom, that was the known— the two Houses of Parliament, that was the Representative of the Kingdom, and when that I had almost made an end of the Treaty, than I was hurried away and brought hither, and therefore— Here the Precedent interrupted him and said, Sir, you must know the pleasure of the Court. King. By your favour Sir,— Precedent. Nay Sir, by your favour, you may not be permitted to fall into these discourses; you appear as a Delinquent, you have not acknowledged the Authority of the Court; the Court craves it not of you, and once more they command you to give your positive Answer— Clerk. Do your Duty. King. Duty Sir! The Clerk reads, Charles Stuart, King of England, you are accused in the behalf of the Commons of England of divers high Crimes and Treasons, which Charge hath been read unto you; the Court now requires you to give your positive and final Answer, by way of confession, or denial of the Charge. King. Sir; I say again to you, so that I might give satisfaction to the people of England of the clearness of my proceed, not by way of Answer, not in this way, but to satisfy them that I have done nothing against that Trust that hath been committed to me, I would do it; but to acknowledge a new Court against their Privileges, to alter the fundamental Laws of the Kingdom; Sir, you must excuse me. Precedent. Sir, this is the third time that you have publicly disowned the Court, and put an affront upon it; how far you have preserved the Privileges of the people, your Actions have spoke it; but truly Sir, men's intentions ought to be known by their Actions, you have written your meaning in bloody Characters throughout the whole Kingdom; but Sir, you understand the pleasure of the Court:— Clerk Record the default,— and Gentlemen, you that took charge of the Prisoner, take him back again. King. I will only say this one word to you, If it were only my own particular, I would not say any more, nor interrupt you. Precedent. Sir, you have heard the pleasure of the Court, and you are (notwithstanding you will not understand it) to find that you are before a Court of Justice. Then the King went forth with his Guard, and Proclamation was made, That all persons who had then appeared, and had further to do at the Court, might departed into the Painted Chamber, to which place the Court did forthwith adjourn, and intended to meet in Westminster-Hall by Ten of the clock the next morning. Cryer. God bless the Kingdom of England. His Majesty intended to have delivered in writing his Reasons against the Pretended Jurisdicton of the High Court of Justice, upon Monday, Jan. 22. but was not permitted. Saturday the 27 of January, 1648. O Yes made. Silence commanded. The Court called; Sergeant Bradshaw, Lord Precedent, in his Scarlet Robe (suitable to the work of this day) with sixty eight other Members of the Court called. As the King came into the Court, in his usual posture with his Hat on, a Cry made in the Hall by some of the Soldiers for Justice, Justice, and Execution. King. I shall desire a word to be heard a little, and I hope I shall give no occasion of interruption. Precedent. You may answer in your time, hear the Court first. King. If it please you, Sir, I desire to be heard, and I shall not give any occasion of interruption, and it is only in a word; a sudden judgement— Precedent. You shall be heard in due time, but You are to hear the Court first. King. Sir, I desire it, it will be in order to what I believe the Court will say; and therefore, Sir, a hasty Judgement is not so soon recalled. Precedent. Sir, you shall be heard before the Judgement be given, and in the mean time you may forbear. King. Well Sir, shall I be heard before the judgement be given? Precedent. Gentlemen, it is well known to all, or most of you here present, That the Prisoner at the Bar hath been several times convented and brought before the Court to make answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England; to which Charge, being required to Answer, Here an honourable Lady interrupted the Court, saying, Not half the People, but she was soon silenced. he hath been so far from obeying the Commands of the Court, by submitting to their Justice, as he began to take upon him to offer reasoning and debate unto the Authority of the Court, and of the highest Court that constituted them to try and judge him; but being overruled in that, and required to make his Answer, he was still pleased to continue contumacious, and to refuse to submit or Answer: Hereupon the Court, that they may not be wanting to themselves, to the trust reposed in them, nor that any man's wilfulness prevent Justice, they have thought fit to take the matter into their consideration; They have considered of the Contumacy, and of that confession which in Law doth arise upon that contumacy; They have likewise considered of the notoriety of the Fact charged upon the Prisoner, and upon the whole matter they are resolved, and have agreed upon a Sentence to be now pronounced against this Prisoner: but in respect he doth desire to be heard before the Sentence be read and pronounced, the Court hath resolved that they will hear him; yet Sir, thus much I must tell you beforehand, which you have been minded of at other Courts; that if that you have to say be to offer any Debate concerning jurisdiction, you are not to be heard in it, you have offered it formerly, and you have indeed struck at the root, that is, the power and Supreme Authority of the Commons of England, which this Court will not admit a debate of, and which indeed is an irrational thing in them to do, being a Court that acts upon Authority denived from them, that they should presume to judge upon their Superiority, from whom there is no Appeal. But Sir, if you have any thing to say in defence of yourself concerning the matters charged, the Court hath given me command to let you know they will hear you. King. Since that I see that you will not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, I shall speak nothing to it; but only I must tell you, That this many a day all things have been taken away from me, but that, that I call more dear to me than my life, which is My Conscience and my Honour; and if I had respect to my life more than the Peace of the Kingdom, the Liberty of the Subject, certainly I should have made a particular defence for myself, for by that at leastwise I might have delayed an ugly Sentence, which I believe will pass upon me; Therefore certainly, Sir, as a man that hath some understanding, some knowledge of the world, if that my true zeal to my Country had not overborne the care that I have of my own preservation, I should have gone another way to work than that I have done: Now Sir, I conceive that an hasty Sentence once past, may be sooner repent than recalled: And truly the self same desire that I have for the Peace of the Kingdom, and the Liberty of the Subject, more than my own particular, does make me now at last desire, That having something for to say that concerns both, I desire before Sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons; this delay cannot be prejudicial to you whatsoever I say, if that I say no Reason, those that hear me must be Judges, I cannot be Judge of that that I have; if it be Reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on it very well, it is worth the hearing; Therefore I do conjure you, as you love that you pretend, I hope it is real, the Liberty of the Subject, the Peace of the Kingdom; that you will grant Me the hearing, before any Sentence be passed; I only desire this, that you will take this into your consideration, it may be you have not heard of it beforehand; if you will, I'll retire, and you may think of it: but if I cannot get this Liberty, I do here protest, that so fair shows of Liberty and Peace are pure shows, and not otherwise, then that you will not hear your KING. Precedent. Sir, You have now spoken? King. Yes Sir. Precedent. And this that you have said is a further declining of the Jurisdiction of this Court, which was the thing wherein you were limited before. King. Pray excuse me Sir, for my interruption, because you mistake me, it is not a declining of it, you do judge me before you hear me speak: I say it will not, I do not decline it, though I cannot acknowledge the Jurisdiction of the Court; yet Sir, in this give Me leave to say, I would do it, though I did not acknowledge it in this, I do protest it is not the declining of it, since I say, if that I do say any thing but that that is for the Peace of the Kingdom, and the Liberties of the Subject, than the shame is mine. Now I desire, that you will take this into your consideration, if you will, I'll withdraw. Precedent. Sir, this is not altogether new that you have moved unto us, not altogether new to us, though the first time in person you have offered it to the Court: Sir, you say you do not Decline the Jurisdiction of the Court. King. Not in this that I have said. Precedent. I understand you well Sir, but nevertheless that which you have offered, seems to be contrary to that saying of yours; for the Court are ready to give a Sentence: it is not as you say, That they will not hear your King, for they have been ready to hear you, they have patiently waited your pleasure for three Courts together, to hear what you would say to the People's Charge against you, to which you have not vouchsafed to give any answer at all; Sir, This tends to a further delay: Truly Sir, such delays as these neither may the Kingdom, nor Justice well bear; You have had three several days to have offered in this kind what you would have pleased; This Court is founded upon that Authority of the Commons of England, in whom rests the Supreme Jurisdiction; That which you now tender, is to have another Jurisdiction, and a Jurisdiction, I know very well you express yourself. Sir, That notwithstanding that you would offer to the Lords nnd Commons in the Painted Chamber, yet nevertheless you would proceed on here, I did hear you say so; but Sir, that you would offer there, whatever it is, must needs be in delay of the Justice here; so as if this Court be resolved, and prepared for the Sentence, this that you offer they are not bound in justice to grant; but Sir, according to that you seem to desire, and because you shall know the further pleasure of the Court upon that which you have moved, the Court will withdraw for a time. King. Shall I withdraw? Precedent. Sir, you shall know the pleasure of Court presently, the Court withdraws for half an hour into the Court of Wards. Sergeant at Arms: The Court gives command that the Prisoner be withdrawn, and they give order for his return again. The Court withdraws for half an hour and returns. Precedent. Sergeant at Arms, send for your prisoner. Sir, You were pleased to make a motion here to the Court, to offer a desire of yours touching the propounding of somewhat to the Lords in the Painted Chamber for the Peace of the Kingdom: Sir, you did in effect receive an answer before the Court adjourned; Truly Sir, their withdrawing and adjournment was pro forma tantum, for it did not seem to them that there was any difficulty in the thing; they have considered of what you have moved, and have considered of their own Authority, which is founded (as hath been often said) upon the Supreme Authority of the Commons of England assembled in Parliament, The Court acts accordingly to their Commission: Sir, the return I have to you from the Court, is this, That they have been too much delayed by you already, and this that you now offer hath occasioned some little further delay, and they are JUDGES appointed by the highest JUDGES, and Judges are no more to delay, than they are to deny justice: they are good words in the old Charter of England, Nulli negabimus, nulli vendemus, nulli deferemus Justitiam. There must be no delay; but the truth is, Sir, and so every man here observes it, That you have much delayed them in your contempt and default, for which they might have long since proceeded, to judgement against you, and notwithstanding what you have offered, they are resolved to proceed to punishment, and to Judgement, and that is their unanimous resolution. King. Sir, I know it is in vain for me to dispute, I am no Sceptic for to deny the power that you have, I know that you have power enough; Sir, I confess I think it would have been for the Kingdom's peace, if you would have taken the pains for to have shown the lawfulness of your power; for this delay that I have desired, I confess it is a delay, but it is a delay very important for the peace of the Kingdom, for it is not my Person that I look on alone, it is the Kingdom's welfare, and the Kingdom's peace: it is an old sentence, That we should think on long, before we have resolved of great matters suddenly; Therefore, Sir, I do say again, that I do put at your doors all the inconveniency of an hasty Sentence; I confess, I have been here now I think this week, this day eight days, was the day I came here first, but a little delay of a day or two further, may give peace, whereas an Hasty Judgement may bring on that trouble and perpetual inconveniency to the Kingdom, that the Child that is unborn may repent it; and therefore again out of the Duty I own to God, and to my Country, I do desire that I may be heard by the Lords and Commons in the Painted Chamber, or any other Chamber that you will appoint me. Precedent. Sir, you have been already answered to what you even now moved, being the same you moved before, since the Resolution and the Judgement of the Court in it, and the Court now requires to know whether you have any more to say for Yourself, than you have said, before they proceed to Sentence. King. I say this Sir, That if you will hear me, if you will give me but this delay, I doubt not but I shall give some satisfaction to you all here, and to my people after that, and therefore I do require you, as you will Answer it at the dreadful day of judgement, that you will consider it once again. Precedent. Sir, I have received direction from the Court, King. Well Sir. Precedent. If this must be reinforced, or any thing of this nature, your answer must be the same, and they will proceed to Sentence if you have nothing more to say. King. I have nothing more to say, but I shall desire that this may be entered what I have said. Precedent. The Court then Sir, hath something to say unto you, which although I know it will be very unacceptable, yet notwithstanding they are willing, and are resolved to discharge their Duty. Sir, you speak very well of a precious thing that you call Peace, and it had been much to be wished that God had put it into your heart, that you had as effectually and really endeavoured and studied the Peace of the Kingdom, as now in words you seem to pretend; but as you were told the other day, Actions must expound Intentions, yet Actions have been clean contrary; and truly Sir, it doth appear plainly enough to them, that you have gone upon very erroneous principles; the Kingdom hath felt it to their smart, and it will be no ease to you to think of it; for Sir, you have held yourself, and let fall such Language, as if you had been no ways subject to the Law, or that the Law had not been your Superior. Sir, the Court is very well sensible of it, and I hope so are all the understanding people of England, That the Law is your Superior: That you ought to have ruled according to the Law, you ought to have done so Sir: I know very well your pretence hath been that you have done so, but Sir, the difference hath been, who shall be the Expositors of this Law; Sir, whether you and your party out of Courts of Justice, shall take upon them to expound Law, or the Courts of Justice, who are the Expounders; nay, the Sovereign and the High Court of Justice, the Parliament of England, who are not only the highest Expounders, but the sole Makers of the Law. Sir, for you to set yourself with your single judgement, and those that adhere unto you, against the highest Court of Justice, that is not Law: Sir, as the Law is your superior, so truly Sir, there is something that is superior to the Law, and that is indeed the Parent or Author of the Law, and that is the People of England. For Sir, as they are those that at the first, (as other Countries have done) did choose to themselves this Form of Government, even for Justice sake, that Justice might be administered, that Peace might be preserved; so Sir, they gave Laws to their Governors, according to which they should govern; and if those Laws should have proved inconvenient, or prejudicial to the public, they had a power in them, and reserved to themselves, to alter as they should see cause. Sir, it is very true, what some of your side have said, Rex non habet parem in Regno; This Court will say the same while King, That you have not your Peer in some sense, for you are Major singulis, but they will aver again, that you are Minor universis; and the same Author tells you, that in exhibitione juris, there you have no power, but are quasi minimus. This we know to be Law, Rex habet superiorem, Deum & Legem, etiam & Curiam, and so says the same Author; and truly Sir, he makes bold to go a little further, Debent ei ponere fraenum, They ought to bridle him; and Sir, we know very well the stories of old; Those Wars that were called the Baron's Wars, when the Nobility of the Land did stand out for the Liberty and Property of the Subject, and would not suffer the Kings that did invade to play the Tyrants here, but called them to account for it, we know that truth, That they did fraenum ponere: But Sir, if they do forbear to do their duty now, and are not so mindful of their own honour and the Kingdoms good, certainly the Commons of England will not be unmindful of what is for their preservation, and for their safety: Justitiae fruendi causa Reges constituti sunt. This we learn is the end of having Kings, or any other Governors, it's for the enjoying of Justice, that's the end. Now Sir, if so be the King will go contrary to the end of his Government; Sir, he must understand that he is but an Officer of trust, and he ought to discharge that trust, and they are to take order for the animadversion and punishment of such an offending Governor. This is not Law of yesterday, Sir, (since the time of the division betwixt you and your People,) but it is Law of old; And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings, upon the Oath that they took unto their People, and if they did not observe it, there were those things called Parliaments; The Parliaments were they that were to adjudge (the very words of the Author) the plaints and wrongs done of the King and Queen, or their Children; such wrongs especially, when the People could have no where else any remedy. Sir, that hath been the People of England's case, they could not have their remedy elsewhere but in Parliament. Sir, Parliaments were ordained for that purpose, to redress the grievances of the People, that was their main end; and truly Sir, if so be that the Kings of England had been rightly mindful of themselves, they were never more in Majesty and State, than in the Parliament: but how forgetful some have been, Histories have told us; We have a miserable, a lamentable, a sad experience of it. Sir, by the old Laws of England, (I speak these things the rather to you, because you were pleased to let fall the other day, you thought you had as much knowledge in the Law, as most Gentlemen in England; it is very well Sir. And truly Sir, it is very good for the Gentlemen of England to understand that Law under which they must live, and by which they must be governed. And then Sir, the Scripture says, They that know their Masters Will and do it not, what follows. The Law is your Master, the Acts of Parliaments.) the Parliaments were to be kept anciently, we find in our Author, twice in the year, That the Subject upon any occasion, might have a ready remedy and redress for his Grievance. Afterwards, by several Acts of Parliament in the days of your Predecessor Edward the third, they must have been once a year. Sir, what intermission of PARLIAMENTS hath been in your time, it is very well known, and the sad consequences of it, and what in the interim instead of these Parliaments, hath been by you, by an high and Arbitrary hand introduced upon the People, that likewise hath been too well known and felt. But when God by his Providence had so brought it about, that you could no longer decline the calling of a Parliament; Sir, yet it will appear what your ends were against the Ancient, and your Native Kingdom of Scotland: The Parliament of England, not serving your ends against them, you were pleased to dissolve it. Another great necessity occasioned the calling of this Parliament, and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament, hath been very notorious to the whole Kingdom; And truly Sir, in that you did strike at all; that had been a sure way to have brought about that that this lays upon you, Your Intention to subvert the Fundamental Laws of the Land. For the great bulwark of Liberty of the People, is the PARLIAMENT of England; and to Subvert and Root up that, which your aim hath been to do, certainly at one blow you had confounded the Liberties and the Propriety of England. Truly Sir, it makes me call to mind, I cannot forbear to express it, for Sir, we must deal plainly with you, according to the merits of your cause, so is our Commission; it makes me call to mind (these proceed of yours) that we read of a great Roman Emperor, by the way let us call him a great Roman Tyrant, Caligula, that wished that the People of Rome had had but one Neck, that at one blow he might cut it off: and your proceed hath been somewhat like to this, for the body of the people of England hath been (and where else represented but) in the Parliament, and could you have but confounded that, you had at one blow cut off the neck of England: but God hath reserved better things for us, and hath pleased for to Confound your designs, and to break your Forces, and to bring your Person into Custody, that you might be responsible to Justice. Sir, we know very well, That it is a question on your side very much Pressed, By what precedent we shall proceed? Truly Sir, for Precedents, I shall not at this present make any long discourse, but it is no new thing to cite Precedents almost of all Nations, where the People (when power hath been in their hands) have not sticked to call their Kings to account, and where the change of Government hath ensued upon occasions of the Tyranny and Misgovernment of those that have been placed over them; I will not spend time to mention France, or Spain, or the Empire, or other Countries, Volumes may be written of them; But truly Sir, that of the Kingdom of Arragon, I should think some of us have thought upon it, where they have the Justice of Arragon, that is a man tanquam in medio positus, betwixt the King of Spain, and the people of the Country, that if wrong be done by the King, he that is the King of Arragon, the Justice hath power to reform the wrong, and he is acknowledged to be the King's Superior, and is the grand preserver of their privileges, and hath prosecuted Kings upon their miscarriages. Sir, What the Tribunes of Rome were heretofore, and what the Ephori were to the Lacedaemonian State, we know that is the Parliament of England to the English State; and though Rome seem to have lost its liberty when once the Emperors were, yet you shall find some famous Acts of Justice even done by the Senate of Rome; that great Tyrant of his time, Nero, condemned and judged by the Senate. But truly Sir, to you I should not mention these Foreign examples and stories. If you look but over Tweed, we find enough in your native Kingdom of Scotland. If we look to your first King Forgusius, that your stories make mention of, he was an Elective King, he died, and left two Sons both in their minority, the Kingdom made choice of their Uncle his Brother to govern in the minority; afterwards the Elder Brother giving small hopes to the People that he would rule or govern well, seeking to supplant that good Uncle of his, that governed them justly, they set the Elder aside, and took to the Younger. Sir, if I should come to what your stories make mention of, you know very well you are the 109th King of Scotland; for to mention so many Kings as that Kingdom, according to their power and privilege, have made bold to deal withal, some to banish, and some to imprison, and some to put to death, it would be too long; and as one of your Authors says, it would be too long to recite the manifold examples that your own stories make mention of; Reges (say they) we do create, we created Kings at first; Leges; etc. We imposed Laws upon them; and as they are chosen by the suffrages of the People at the first, so upon just occasion, by the same suffrages, they may be taken down again: and we will be bold to say, that no Kingdom hath yielded more plentiful experience than that your Native Kingdom of Scotland hath done, concerning the deposition and the punishment of their offending and transgressing Kings, etc. It is not far to go for an example near you, your Grandmother set aside, and your Father an Infant crowned; and the State did it here in England; here hath not been a want of some examples, they have made bold (the Parliament and the People of England) to call their Kings to account, there are frequent examples of it in the Saxons time, the time before the Conquest; since the Conquest there wants not some Precedents neither; King Edward the second, King Richard the second, were dealt with so by the Parliament, as they were deposed and deprived: and truly Sir, whoever shall look into their stories, they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are laid to your charge, nothing near. Sir, you were pleased to say the other day, wherein they descend, and I did not contradict it, but take altogether: Sir, if you were as the Charge speaks, and no otherwise admitted K. of England, but for that you were pleased then to allege, how that almost for a thousand years these things have been, stories will tell you, if you go no higher than the time of the Conquest; if you do come down since the Conquest, you are the 24th King from William called the Conqueror, you shall find one half of them to come merely from the State, and not merely upon the point of Descent; it were easy to be instanced to you, the time must not be lost that way. And truly Sir, what a grave and learned Judge said in his time, and well known to you, is since printed for posterity, That although there was such a thing as a Descent many times, yet the Kings of England ever held the greatest assurance of their titles, when it was declared by Parliament: And Sir, your Oath, the manner of your Coronation doth show plainly, That the Kings of England, and though it's true by the Law the next person in blood is designed; yet if there were just cause to refuse him, the people of England might do it. For there is a Contract and Bargain made between the King and his People, and your Oath is taken, and certainly Sir, the Bond is reciprocal; for as you are the liege Lord, so they liege Subjects, and we know very well that hath been so much spoken of, Ligantis est duplex. This we know now, the one tye, the one Bond, is the bond of perfection which is due from the Sovereign, the other is the bond of Subjection that is due from the Subject. Sir, if this bond be once broken, farewel Sovereignty, Subjectio trahit, etc. These things may not be denied, Sir; I speak it the rather, and I pray God it may work upon your heart, that you may be sensible of your miscarriages. For whether you have been, as by your Office you ought to be, a Protector of England, or the Destroyer of England, let all England judge, or all the world that hath looked upon it. Sir, though you have it by Inheritance in the way that is spoken of, yet it must not be denied that your Office was an Office of Trust, and an Office of the highest trust lodged in any single person: For as you were the grand Administrator of Justice, and others were as your Delegates, to see it done throughout your Realms, if your great Office were to do Justice, and preserve your People from wrong, and instead of doing that, you will be the great wrongdoer yourself; If, instead of being a Conservator of the Peace, you will be the Grand Disturber of the Peace, surely this is contrary to your Office, contrary to your Trust. Now Sir, if it be an Office of Inheritance, as you speak of, your Title by Descent, let all men know that great Offices are seizable and forfeitable, as if you had it but for a year, and for your life; Therefore Sir, it will concern you to take into your serious consideration your great miscarriages in this kind. Truly Sir, I shall not particularise the many miscarriages of your Reign whatsoever, they are famously known, it had been happy for the Kingdom, and happy for you too, if it had not been so much known and so much felt, as the story of your miscarriages must needs be, and hath been already. Sir, That that we are now upon by the command of the highest Court, hath been and is to Try and Judge you for great offences of yours. Sir, the Charge hath called you Tyrant, a Traitor, a Murderer, and a public Enemy to the Commonwealth of England. Sir, it had been well if that any of all these terms might rightly and justly have been spared, if any one of them at all. King. Ha'? Precedent. Truly Sir, we have been told, Rex est dum bene regit, Tyrannus qui populum opprimet; and if so be that be the definition of a Tyrant, then see how you come short of it in your Actions, whether the highest Tyrant by that way of Arbitrary Government, and that you have sought to introduce, and that you have sought to put, you were putting upon the People, whether that was not as high an Act of Tyranny as any of your Predecessors were guilty of, nay many degrees beyond it. Sir, the term Traitor cannot be spared, we shall easily agree it must denote and suppose a breach of Trust, and it must suppose it to be done by a Superior; and therefore Sir, as the People of England might have incurred that respecting you, if they had been truly guilty of it, as to the definition of Law; so on the other side, when you did break your Trust to the Kingdom, you did break your Trust to your Superior: For the Kingdom is that for which you were trusted: And therefore Sir, for this breach of Trust, when you are called to account, you are called to account by your Superiors. Minimus ad Majorem in judicium vocat. And Sir, the People of England cannot be so far wanting to themselves, which God having dealt so miraculously and gloriously for, they having power in their hands, and their great Enemy, they must proceed to do Justice to themselves and to you: For, Sir, the Court could hearty desire, That you would lay your hand upon your heart, and consider what you have done amiss: That you would endeavour to make your peace with God. Truly Sir, These are your high crimes, Tyranny and Treason. There is a third thing too, if those had not been, and that is Murder, which is laid to your charge. All the bloody Murders that have been committed since this time that the Division was betwixt you and your People, must be laid to your charge, that have been acted or committed in these late Wars. Sir, it is an heinous and crying sin; and truly Sir, if any man will ask us what punishment is due to a Murderer, Let God's Law, let Man's Law speak. Sir, I will presume that you are so well read in Scripture, as to know what God himself hath said concerning the shedding of Man's blood: Gen. 9 Num. 35. will tell you what the punishment is, and which this Court in behalf of the Kingdom are sensible of, of that innocent blood that has been shed, whereby indeed the Land stands still defiled with that blood, and as the Text hath it, It can no way be cleansed, but with the shedding of the blood of him that shed this blood. Sir, we know no Dispensation from this blood in that Commandment, Thou shalt do no Murder; we do not know but that it extends to Kings, as well as to the meanest Peasants, the meanest of the People, the command is universal. Sir, God's Law forbids it, Man's Law forbids it, nor do we know that there is any manner of exception, nor even in man's Laws, for the punishment of Murder in you. 'Tis true, that in the case of Kings every private hand was not to put forth itself to this work for their Reformation and punishment. But Sir, the People represented having power in their hands, had there been but one wilful act of Murder by you committed, had power to have convented you, and to have punished you for it. But then Sir, the weight that lies upon you in all those respects that have been spoken, by reason of your Tyranny, Treason, breach of Trust, and the Murders that have been committed, surely Sir, it must drive you into a sad consideration concerning your eternal condition: As I said at first, I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court, for so we do call ourselves, and justify ourselves to be a Court, and a High Court of Justice, authorized by the highest and solemnest Court of the Kingdom, as we have often said; and although you do yet endeavour what you may to dis-court us, yet we do take knowledge of ourselves to be such a Court as can administer Justice to you, and we are bound, Sir, in duty to do it. Sir, all I shall say before the reading of your Sentence, it is but this; the Court does hearty desire, that you will seriously think of those evils that you stand guilty of. Sir, you said well to us the other day, you wished us to have God before our eyes: Truly Sir, I hope all of us have so, that God that we know is a King of Kings, and Lord of Lords, that God with whom there is no respect of persons, that God that is the avenger of innocent blood, we have that God before us, that God that does bestow a Curse upon them that withhold their hands from shedding of blood, which is the case of guilty Malefactors, and that do deserve death; That God we have before our eyes, and were it not that the conscience of our duty hath called us unto this place, and this employment, Sir, you should have had no appearance of a Court here: but Sir, we must prefer the discharge of our duty unto God, and unto the Kingdom, before any other respect whatsoever: and although at this time many of us, if not all of us, are severely threatened by some of your party, what they intent to do. Sir, we do here declare, that we shall not decline, or forbear the doing of our duty in the administration of Justice even to you, according to the merit of your offence, although God should permit those men to effect all that bloody design in hand against us. Sir, we will say, and we will declare it, as those Children in the fiery Furnace, that would not worship the golden Image that Nabuchadnezzar had set up, That their God was able to deliver them from that danger that they were near unto; but yet if he would not do it, yet, notwithstanding that, they would not fall down and worship the Image: we shall thus apply it: That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general, of us in particular, for acting in this great work of Justice, though we should perish in the work, yet by God's grace, and by God's strength, we will go on with it: And this is all our Resolutions. Sir, I say for yourself, we do hearty wish and desire, that God would be pleased to give you a sense of your sins, that you would see wherein you have done amiss, that you may cry unto him, that God would deliver you from bloodguiltiness. A good King was once guilty of that particular thing, and was clear otherwise, saving in the matter of Vriah. Truly Sir, the Story tells us, that he was a repentant King, and it signifies enough that he had died for it, but that God was pleased to accept of him, and to give him his pardon: Thou shalt not die, but the Child shall die, thou hast given cause to the enemies of God to blaspheme. King. I would desire only one word before you give sentence, and that is, That you would hear me concerning those great imputations that you have laid to my charge. Precedent. Sir, you must give me leave to go on, for I am not far from your Sentence, and your time is now past. King. But I shall desire you will hear me a few words to you, for truly whatever Sentence you will put upon me, in respect of those heavy imputations I see by your speech you have put upon me, that I, Sir, it is very true that— Precedent. Sir, I must put you in mind, Truly Sir, I would not willingly at this time, especially, interrupt you in any thing you have to say, that is proper for us to admit of; but Sir, you have not owned us a Court, and you look upon us as a sort of people met together, and we know what Language we receive from your party. King. I know nothing of that. Pres. You disavow us as a Court, and therefore for you to address yourself to us, not to acknowledge us as a Court to judge of what You say, it is not to be permitted; and the truth is, all along from the first time, You were pleased to disavow and disown us, the Court needed not to have heard You one word; for unless they be acknowledged a Court, and engaged, it is not proper for you to speak: Sir, we have given you too much liberty already, and admitted of too much delay, and we may not admit of any further; were it proper for us to do, we should hear You freely, and we should not have declined to have heard You at large, what you could have said or proved on your behalf, whether for totally excusing or for in part excusing those great and heinous charges that in whole or in part are laid upon You. But Sir, I shall trouble You no longer, Your sins are so large a dimension, that if you do but seriously think of them they will drive you to a sad consideration, they may improve in you a sad and serious repentance. And that the Court doth hearty wish, that You may be so penitent for what You have done amiss, that God may have mercy at leastwise upon your better part. Truly Sir, for the other, it is our parts and duties to do that that the Law prescribes, we are not here Jus dare, but Jus dicere; We cannot be unmindful of what the Scriptures tell us, For to acquit the guilty is of equal abomination as to condemn the innocent; we may not acquit the guilty; what Sentence the Law affirms to a Traitor, Tyrant, a Murderer, and a public Enemy to the Country, that Sentence you are now to hear read unto you, and that is the Sentence of the Court The Lord President commands the Sentence to be read. Make an O Yes, and command silence while the Sentence is read. O Yes made, silence commanded. The Clerk read the Sentence, which was drawn up in parchment. Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the Trying of Charles Stuart King of England, before whom he had been three times convented, and at first time a charge of high Treason, and other crimes and misdemeanours was read in the behalf of the Kingdom of England, etc. Here the Clerk read the Charge. Which Charge being read unto him as aforesaid, He the said Charles Stuart, was required to give his Answer, but he refused so to do, and so expressed the several passages at his Trial in refusing to answer. For all which Treasons and Crimes, this Court doth adjudge, That the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a public Enemy, shall be put to Death, by the severing his Head from his Body. After the Sentence read, the Lord Precedent said, This Sentence now read and published, it is the Act, Sentence, Judgement, and Resolution of the whole Court. Here the Court stood up, and assenting to what the Precedent said. King. Will you hear me a word Sir? Precedent. Sir, you are not to be heard after the Sentence. King. No Sir? Precedent. No Sir, by your favour Sir: Guard withdraw your Prisoner. King. I may speak after the sentence— By your favour Sir, I may speak after the sentence ever. By your favour (hold) the sentence Sir— I say Sir, I do— I am not suffered for to speak, expect what Justice other people will have. O Yes, All manner of persons that have any thing else to do, are to departed at this time, and to give their attendance in the Painted Chamber, to which place this Court doth forthwith adjourn itself. Then the Court risen, and the King went with his Guard to Sir Robert Cottons, and from thence to White-Hall. The Names of those Persons that were present at the Sentencing of the KING to Death. John Bradshaw Precedent. John Lisle, William Say, Oliver Cromwell, Henry Ireton, Sir Hardresse Waller, Valentine Walton, Thomas Harrison, Edward Whaley, Thomas Pride, Isaac Ewers, Lord Grace of Groby, Sir John Danvers Knight, Sir Thomas Maleverer Bar. Sir John Bourchier Knight. William Heveningham, Alderman Pennington, William Purefoy, Henry Martin, John Barkstead, John Blakiston, Gilbert Millington, Sir William Constable Bar. Edmond Ludlow, John Hutchinson, Sir Mich Livesay Bar. Robert Tichborn, Owen Roe, Robert Lilburn, Adrian Scroop, Richard Deane, John Okey, John Hewson, William Goffe., Cornelius Holland, John Carew, John Jones, Miles Corbet, Francis Allin, Peregrine Pelham, John Moor, John Aldred, Henry Smith, Humphrey Edwards, Gregory Clement, Thomas Woogan, Sir Gregory Norton Knight. Edmond Harvy, John Venn, Thomas Scot, Tho. Andrews Alderman, William Cawly, Anthony Stapley, John Downes, Thomas Horton, Thomas Hammond, Nicholas Love, Vincent Potter, Augustine Garland, John Dixwel, George Fleetwood, Simon Meyne, James Temple, Peter Temple, Daniel Blagrave, Thomas Wait. Ordered that Sir Hardress Waller, Coll. Harrison, Com. General Ireton, Coll. Dean, and Coll. Okey, are appointed a Committee to consider of the Time and Place for the Execution of the King, according to his Sentence given by the high Court of Justice. Painted Chamber, Lunae, Jan. 29. 1648. Upon report made from the Committee for considering of the Time and Place of the Executing of the Judgement against the King: that the said Committee have resolved that the open Street before Whitehall is a fit place; And that the said Committee conceive it fit, that the King be there Executed the morrow, the King having already notice thereof; The Court approved thereof, and ordered a Warrant to be drawn for that purpose, which Warrant was accordingly drawn and agreed unto; and ordered to be engrossed, which was done, and Signed and Sealed accordingly, as followeth. At the High Court of Justice for the Trying and Judging of Charles Stuart King of England, January 29, 1648. WHereas Charles Stuart King of England, is, and standeth Convicted, Attainted and Condemned of high Treason, and other high Crimes, and Sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his head from his body; of which Sentence, Execution yet remains to be done: These are therefore to will and require you to see the said Sentence Executed in the open street before White-Hall, upon the morrow, being the 30th day of this instant month of January, between the hours of Ten in the morning, and Five in the afternoon of the same day, with full effect; And for so doing, this shall be your sufficient Warrant. And these are to require all Officers and Soldiers, and other the good people of this Nation of England, to be assisting unto you in this service. Given under our Hands and Seals. To Coll. Francis Hacker, Coll. Hunks, and Lieuten. Coll. Phray, and to every of them: Sealed and subscribed by J. Bradshaw, O, Cromwell, Hen. Ireton, Har. Waller, Jo. Lisle, Val. Walton, Tho. Grace, Ed. Whaley, Mich. Livesey, Jo. Okey, Jo. Danvers, Tho. Maleverer, Wil Goffe., Tho. Pride, Tho. Harrison, Jo. Hewson, Ri. Dean, Robert Tichborn, Ow. Roe, Jo. Barkstead, G. Fleetwood, Gil. Milington, Tho. Horton, W. Say, W. Constable, Miles Corbet, Jo. Venus, Hen. Martin. etc. Painted Chamber. Jan. 30. 1648. The Commissioners met, and ordered, That Mr. Martial, Mr. Nye, Mr. caryl, Mr. Salway, and Mr. del, be desired to attend the King, to administer to him those Spiritual helps as should be suitable to his present condition, and Lieutenant Colonel Goffe. is desired forthwith to repair unto them for that purpose. Who did so, but after informed the Court, That the King being acquainted therewith, refused to confer with them, expressing that he would not be troubled with them. Ordered, That the Scaffold upon which the King is to be executed, be covered with Black. The Warrant for executing the King being accordingly delivered to those parties to whom the same was directed, Execution was done upon him according to the tenor of the Warrant about two of the Clock in the Afternoon of the said 30. of January. After Sentence, The King being hurried from their Bar, as he passed down the stairs, the common Soldiers (laying aside all Reverence to Sovereignty) scoffed at him, casting the smoke of their stinking Tobacco in his face (no Smell more offensive to him) and flinging their foul pipes at his feet; But one more insolent than the rest, defiled his venerable Face with his spittle, for his Majesty was observed with much patience to wipe it off with his Handkerchief, and as he passed, hearing them cry out Justice, Justice, Poor soul (said he) for a piece if money, they would do so for their Commanders. That Night being Saturday, January 27. the King lodged at White-Hall; that evening a Member of the Army (acquainted the Committee) with the desires of the King, that seeing they had passed Sentence of Death upon him, and the time of his Execution might be nigh, that he might see his Children, and receive the Sacrament, and that Dr. Juxon Bishop of London, might be admitted to pray with him in his private Chamber; both which were granted. The next day, being Sunday, January 28. the King was attended by his Guard, to Saint James', where the Bishop of London preached privately before him; his Text was in Rom. 2.16. In the day when God shall judge the secrets of all men by Jesus Christ, according to my Gospel. Monday Jan. 29. His Children were permitted to come to him, where passed this following Discourse, as it was set down in writing by his Daughter the Lady Elizabeth (which Lady Elizabeth some months after, being confined to Carisbrough-Castle in the Isle of Wight, died there with grief for the sufferings of her Dear Father.) His Children being come to meet him, He first gave his Blessing to the Lady Elizabeth, and bade her to remember to tell her Brother James, whenever she should see him, that it was his Father's last desire that he should no more look upon Charles as his eldest Brother only, but be obedient unto him as his Sovereign; and that they should love one another, and forgive their Father's Enemies. Then said the King to her, Sweetheart you'll forget this: No (said she) I shall never forget it whilst I live; and pouring forth abundance of tears, promised him to write down the particulars. Then the King taking the Duke of Gloucester upon his knee, said, Sweetheart, now they will cut off thy Father's head (upon which words the Child looking very steadfastly on him,) Mark child what I say, They will cut off my head, and perhaps make thee a King: But mark what I say, you must not be a King, so long as your brothers, Charles and James, do live; for they will cut off your Brother's heads (when they can catch them) and cut off thy head too at last: and therefore I charge you do not be made a King by them. At which the child sighing said, I will be torn in pieces first: which falling so unexpectedly from one so young, it made the King rejoice exceedingly. Tuesday Jan. 30. (The Fatal Day) He was about Ten of the Clock brought from his Palace at Saint James' to White-Hall, marched on foot (guarded with a Regiment of foot Soldiers) through the Park, with their Colours flying, and Drums beating, his private Guard of Partisans about him, Dr. Juxon Bishop of London on one side, and Collon. Tomlinson on the other, both bareheaded, bidding them go faster, saying That he now went before them to strive for an heavenly Crown with less solicitude, than he had oftentimes bid his Soldiers to fight for an Earthly Diadem. Being come to the end of the Park, he ascends the Staris leading to the long Gallery in White-Hall, and so into the Cabinet Chamber, where he formerly used to Lodge; there his Majesty with the Bishop of London continued for some time in Devotion, and received the blessed Sacrament from the hand of the said Bishop; at which time he read for the second Lesson, the 27. Chapter of Saint Matthews Gospel, which contained the History of the Death and Passion of our Blessed Saviour; the Communion ended, his Majesty thanked the Bishop for selecting so seasonable and comfortable a portion of Scripture. The Bishop modestly replied, No thanks were due to him, for it was the Chapter appointed by the Rubric of the Church for the second morning Lesson for that day being Jan. 30. Here the King continued at his Devotion, refusing to dine, only about Twelve of the Clock, he eat a bit of bread, and drank a Glass of Claret, from thence about one a Clock he was accompanied by Dr. Juxon and Coll. Thomlinson, and other Officers formerly appointed to attend him, and the private Guard of Partisans, with Musketeers on each side, through the Banqueting-house, adjoining to which the Scaffold was erected, between Whitehall Gate, and the Gate leading into the Gallery from Saint James': The Scaffold was hung round with Black, the Floor covered with black Bays, and the Axe and Block laid in the middle of the Scaffold. There were divers Companies of Foot of Colonel Pride's Regiment, and several Troops of Horse placed on the one side of the Scaffold toward Kings-street, and on the other side toward Charing-Cross, and the multitudes of people that came to be Spectators very great. The King being come upon the Scaffold, it was expected he would say somewhat to the people, the which he did. But because we have no other Relation of what his Majesty then spoke, save what was taken in short hand on the Scaffold by three several Gentlemen, who were very exquisite in that Art; nor had his Majesty any Copy (being surprised and hastened by those who attended him to the Scaffold,) save only a few heads in a little scrip of Paper, which after his death, the Soldiers took from the Bishop of London, to whom he gave it: Therefore the Reader must be content with this Copy, which was by them upon joint comparing of their Copies published, some few words being altered to make the sense perfect. The King being come upon the Scaffold, and looking about him upon the people, who were kept off by Troops of Horse, so that they could not come near to hear him, omitted what he had purposed to have spoken to them (as 'tis thought) and turning himself to the Soldiers and Officers (the Instruments of the Regicide) spoke to them to this effect▪ The King being come upon the Scaffold, looked very earnestly upon the Block, and asked Coll. Hacker if there were no higher: and then spoke thus (directing his Speech chief to Coll. Thomlinson.) King. I Shall be very little heard of any body here, I shall therefore speak a word unto you here: indeed I could hold my peace very well, if I did not think that holding my peace would make some men think, that I did submit to the Gild as well as to the Punishment; but I think it is my duty to God first, and to my Country, for to clear myself both as an honest Man, a good King, and a good Christian. I shall begin first with my Innocency; In troth, I think it not very needful for me to insist long upon this, for all the world knows that I never did begin a War with the two houses of Parliament, and I call God to witness, to whom I must shortly make an account. That I never did intent for to encroach upon their Privileges, they began upon me; it is the Militia they began upon, they confessed that the Militia was mine, but they thought it fit for to have it from me: and to be short, if any body will look to the dates of Commissions, of their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy troubles, not I: so that as to the guilt of these enormous Crimes that are laid against me, I hope in God that God will clear me of; I will not, I am in charity: God forbidden that I should lay it upon the two Houses of Parliament, there is no necessity of either, I hope they are free of this guilt: for I do believe that ill instruments between them and me, has been the chief cause of all this bloodshed: so that by way of speaking, as I find myself clear of this, I hope (and pray God) that they may too: yet for all this, God forbidden that I should be so ill a Christian as not to say that God's judgements are just upon me: Many times he does pay Justice by an unjust Sentence, that is ordinary. I will only say this, That unjust Sentence * Strafford. that I suffered for to take effect, is punished now by an unjust Sentence upon me: So far I have said, to show you that I am an Innocent man. Now for to show you that I am a good Christian: I hope there is ( * Strafford. Pointing to Dr. Juxon,) a good man that will bear me witness, That I have forgiven all the world, and even those in particular that have been the chief causers of my death; who they are, God knows, I do not desire to know, I pray God forgive them. But this is not all, my Charity must go further, I wish that they may repent, for indeed they have committed a great sin in that particular: I pray God with St. Stephen, that this be not laid to their charge, nay not only so, but that they may take the right way to the peace of the Kingdom; for my Charity commands me, not only to forgive particular men, but my Charity commands me to endeavour to the last gasp the Peace of the Kingdom. So (Sir) I do wish with all my Soul (and I do hope there is some here * Turning to some Gentlemen that wrote. will carry it further) that they may endeavour the Peace of the Kingdom. Now (Sirs) I must show you both how you are out of the way, and will put you in the way: First, you are out of the way, for certainly all the way you ever have had yet, as I could find by any thing, is in the way of Conquest; certainly this is an ill way: for Conquest (Sir) in my opinion is never just, except there be a good just Cause, either for matter of wrong, or just Title, and then if you go beyond it, the first quarrel that you have to it, is it that makes it unjust at the end that was just at first: But if it be only matter of Conquest, than it is a great Robbery, as a Pirate said to Alexander, that he was the great Robber, he was but a petty Robber: and so, Sir, I do think the way that you are in, is much out of the way. Now, Sir, for to put you in one way, believe it, you will never do right, nor God will never prosper you, until you give God his due, the King his due (that is, my Successors) and the People their due: I am as much for them as any of you: You must give God his due, by regulating rightly his Church, (according to his Scriptures) which is now out of order: For to set you in a way particularly, now I cannot, but only this, A National Synod freely called, freely debating among themselves, must settle this; when that every Opinion is freely and clearly heard. For the King, indeed I will not— (Then turning to a Gentleman that touched the Axe, said, Hurt not the Axe, that may hurt * Meaning if he did blunt the edge. me.) For the King, the Laws of the Land will clearly instruct you for that; therefore, because it concerns my own particular, I only give you a touch of it. For the people: and truly I desire their Liberty and freedom as much as any body whosoever, but I must tell you, that their Liberty and freedom consists in having of Government, those Laws by which their Life and their Goods may be most their own. It is not for having share in Government, (Sir) that is nothing pertaining to them: A Subject and a Sovereign are clean different things, and therefore until they do that, I mean, That you do put the people in that Liberty, as I say, certainly they will never enjoy themselves. Sir, It was for this that now I am come here: If I would have given way to an arbitrary way, for to have all Laws changed according to the power of the Sword, I needed not to have come here; and therefore I tell you (and I pray God it be not laid to your charge) that I am the Martyr of the people. Introth Sirs, I shall not hold you much longer, for I will only say this to you, that in truth I could have desired some little time longer, because I would have put this that I have said in a little more order, and a little better digested than I have done, and therefore I hope you will excuse me. I have delivered my Conscience, I pray God that you do take those courses that are best for the good of the Kingdom, and your own salvations. Dr. Juxon. Will your Majesty (though it may be very well known, your Majesty's affections to Religion, yet it may be expected that you should) say somewhat for the world's satisfaction. King. I thank you very hearty (my Lord) for that I had almost forgotten it. Introth Sirs, My Conscience in Religion I think is very well known to all the world, and therefore I declare before you all, That I die a Christian, according to the profession of the Church of England, as I found it left me by my Father, and this honest man * Pointing to Dr. Juxon. I think will witness it. Then turning to the Officers said, Sirs, excuse me for this same, I have a good cause, and I have a gracious God, I will say no more. Then turning to Colonel Hacker, he said, Take care they do not put me to pain, and Sir, this, and it please you. But then a Gentleman coming near the Axe, the King said, Take heed of the Axe, pray take heed of the Ax. Then the King speaking to the Executioner, said, I shall say but very short Prayers, and when I thrust out my hands— Then the King called to Doctor Juxon for his Nightcap, and having put it on, he said to the Executioner, Does my hair trouble you? who desired him to put it all under his Cap, which the King did accordingly by the help of the Executioner and the Bishop: then the King turning to Doctor Juxon, said, I have a good Cause, and a gracious God on my side. Doctor Juxon. There is but one Stage more, this Stage is turbulent and troublesome, it is a short one: But you may consider, it will soon carry you a very great way: it will carry you from Earth to Heaven; and there you shall find a great deal of cordial joy and comfort. King. I go from a corruptible to an incorruptible Crown; where no disturbance can be, no disturbance in the world. Doctor Juxon. You are exchanged from a Temporal to an Eternal Crown, a good exchange. The King then said to the Executioner, Is my hair well? Then the King took off his Cloak and his George, giving his George to Doctor Juxon, saying, Remember (* It is thought for to give it to the Prince.) Then the King put off his Doublet, and being in his Waistcoat, put his Cloak on again, then looking upon the Block, said to the Executioner, You must set it fast. Executioner. It is fast, Sir. King. When I put my hands out this way, stretching them out, them— After that, having said two or three words (as he stood) to himself, with hands and eyes lift up; Immediately stooping down, laid his Neck upon the Block: and then the Executioner again putting his hair under his Cap, the King said (thinking he had been going to strike) Stay for the sign. Executioner. Yes, I will and it please your Majesty. And after a very little pause, the King stretching forth his hands, the Executioner at one blow severed his head from his body: The head being off, the Executioner held it up, and shown it to the people; which done, it was with the Body put in a Coffin covered with black Velvet for that purpose, and conveyed into his Lodgings there: And from thence it was carried to his house at Saint James', where his body was embalmed and put in a Coffin of Lead, laid there a fortninght to be seen by the people; and on the Wednesday seven-night after, his Corpse embalmed and coffined in Lead, was delivered chief to the care of four of his Servants, viz. Mr. Herbert, Captain Anthony Mildmay, his Sewers, Captain Preston, and John joiner, former Cook to his Majesty; they attended with others, clothed in Mourning Suits and Cloaks, accompanied the Hearse that night to Windsor, and placed it in that which was formerly the King's Bedchamber; next day it was removed into the Deans Hall, which Room was hanged with black, and made dark; Lights burning round the Hearse, in which it remained till Three in the Afternoon, about which time came the Duke of Lenox, the Marquis of Hertford, the Marquis of Dorchester, the Earl of Lyndsey, having obtained an order from the Parliament, for the decent Interment of the King their Royal Master, provided the expense thereof exceeded not five hundred pounds: At their coming into the Castle, they shown their Order of Parliament to Colonel Wichcot Governor of the Castle, desiring the Interment might be in St. George's Chapel, and by the Form in the Common-Prayer Book of the Church of England; this request was by the Governor denied, saying, It was improbable that the Parliament would permit the use of what they had so solemnly abolished, and therein destroy their own Act. To which the Lords replied, There is a difference betwixt destroying their own Act, and dispensing with it, and that no Power so binds its own hands, as to disable itself in some cases: All could not prevail, the Governor persisting in the Negative, the Lords betook themselves to the search of a convenient place for the Burial of the Corpse; the which after some pains taking therein, they discover a Vault in the middle of the Choir, wherein, as is probably conjectured, lieth the body of King Henry the Eighth, and his beloved Wife the Lady Jane Seamor, both in Coffins of Lead; in this Vault, there being Room for one more, they resolve to inter the body of the King, the which was accordingly brought to the place, born by the Officers of the Garrison, the four Corners of the Velvet Palls born up by the aforesaid four Lords, the pious Bishop of London following next, and other Persons of Quality; the Body was committed to the earth with sighs and tears, especially of the Reverend Bishop, to be denied to do the last Duty and Service to his Dear and Royal Master; the Velvet Pall being cast into the Vault was laid over the Body, upon the Coffin was these words set, KING CHARLES 1648. After the Regicides had committed this Horrid and nefarious Act, the prevailing Power consisting of a patched number of the House of Commons, and the chief Officers of the Army, combined together, and seeing how successfully and unopposed they had effected this so unparalleled a Deed, to which they knew the generality of the Nation were utterly averse, and as far as they durst, showed their absolute dislike; They in the next place fall upon the alteration of the Government, thinking to make sure work by subverting the Ancient Monarchy of this Realm, and instead thereof introducing that which they called a Free State, or Commonwealth. For constituting of which the first thing they did, was to Vote and publish by Proclamation, That whereas several pretences might be made to the Crown, etc. to the apparent hazard of the public Peace, no Person whatsoever should presume to proclaim or any way promote Charles Stuart, Son of the said Charles late King of England, or any other person to be King or chief Magistrate, etc. by colour of Inheritance, or any other claim whatsoever, without the free Consent of the People in Parliament; first signified by a particular Act for that purpose, any Law or Custom to the contrary notwithstanding; and whosoever should contrary to this Order proclaim, etc. shall be adjudged a Traitor, and suffer accordingly. This proceeding was founded upon a Maxim which they had taken up, and agreed on among themselves, namely, That all Power and Authority is Originally in the People: But well knowing that their Councils had soon been confounded, and themselves interrupted in the course they had begun, if they had incorporated again with those of their Members which had been forcibly kept out by the Army, they Resolve and decree, 1. That all those Members who had assented to the Vote of Decemb. 5. concerning the King's Concessions (for that was the occasion of their seclusion) should never be readmitted, and that those that Voted in the Negative, should presently enter their said dissent, or before they were to be admitted. And together with the fortune of Monarchy was involved that of the House of Peers, who having sent to desire a Conference about settling the Government, in regard the Judge's Commissions were determined by the King's Death, instead of an Answer to their Message, the Junto of the Commons upon debate Voted, the Lords House to be useless and dangerous, and therefore to be laid aside, as in like manner they declared the Kingly Office to be unnecessary and Burdensome, and therefore fit to be abolished; only they allowed the Lords the Privilege of being capable to be chosen Burgesses into the House of Commons; But the Lords were so highly incensed thereat, that there was suddenly published a Declaration in the name of all the Peers and Barons of the Realm, wherein they protest against the Proceed of the Commons. And a while after some of the King's friends in despite of all Votes, Acts, and Orders to the contrary, promoted a Proclamation, in the name of all the Nobility, Gentry, and Commonalty of the Kingdom, for proclaiming Charles our present Sovereign to be King of England. But little could unarmed Declarations prevail against the reigning Power of an Armed faction, who now assumed new Ensigns of Sovereignty, cancelling the Old, and caused all Writs, Commissions, and Instruments of public Concernment, to be issued out under a new Style and Test, that is of, The Keepers of the Liberties of England by Authority of Parliament. They ordered the old Great Seal to be broken, and a new one to be made, with the Arms of England and Ireland on one side, and this Inscription, The Great Seal of England; and on the other side the House of Commons with this Inscription, In the first Year of Freedom by God's blessing restored, 1648. and appointed the Money to bear the Arms of England and Ireland, with this Motto, God with us; and the Great Seal was entrusted with three Commissioners: They likewise caused the King's Arms to be pulled down every where, and the King's Picture in the Old Exchange they caused to be defaced, and the following Inscription to be be set behind it in Golden Letters: Exit Tyrannus Regum ultimus, Anno Libertatis Angliae Restitutae Primo, Anno 1648. Jan. 30. They next proceed to erect another Illegal High Court of Justice, wherein they brought to Trial D. Hamilton taken at the fight at Preston, the E. of Holland at Kingston Fight, and the L. Capell and L. Goring taken at the Siege of Colchester; The three first were Condemned and beheaded at the Palace-yard at Westminster; After this the L. Fairfax having laid down his Commission, the Parliament made Oliver Cromwell their General, who a while after was sent into Ireland, where he proved very successful. His Majesty was now in France, and hoped to get aid there, but found none; but the Junto proceeded to make Sale of the King and Queen's Lands, and made a formal Act for abolishing Kingly Government and disinheriting the Roval Issue, and setting up a Republic or Free State; This Act Alderman Reynardson was commanded to proclaim in the City, which he refusing, was committed to the Tower, with three Aldermen more; and a new Lord Maior was chosen by a Common-Hall, who attended with several other Aldermen as compliant as himself, readily obeyed the Commands of his Masters, and proclaimed their Edict in several places of the City. A while after, His Majesty was solemnly Proclaimed in Scotland, and after great debate among them there, they at length agree on some Propositions to be sent to the King, who was then in the Isle of Jersey, and Mr. Windram Laird of Libberton was appointed Messenger; who bringing them to the King, they were stiffly debated on each side; but at last Breda in Holland was appointed for the place of a Solemn Treaty, where Commissioners from the Estates and Kirk met the King, and delivered their Propositions: During which Treaty, the Marquis of Montross was seized in Scotland, and for opposing the Kirk Party, was condemned and Executed upon a Gibbet near fifty foot high, with all imaginable Contempt; which His Majesty having an Account of, was much troubled, and the Treaty had like to have been broken off, but at length through the necessity of Affairs was concluded, and being carried to Edinburgh, after much debate it was resolved, another Message should be sent to invite the King over; but the Parliament here in England having notice of all these Proceed in Scotland, prepared an Army thereupon to invade Scotland, under the command of their General Oliver Cromwell. About this time General Blake their Admiral, took, sunk and burnt most of Prince rupert's Fleet, which was a great damage to the King's Affairs. And now the King being arrived at Spey in the North of Scotland, some Lords were sent down to accompany him to Edinburgh: As he came along he was entertained with the general Joy of all the People, and at Aberdeen he was presented with 1500 Pounds, which thing was ill taken by the Committee of Estates, and Kirk; and therefore they sent an Injunction to prohibit other Places from doing the like; The King being now come to Edinburgh was again Proclaimed King, July 15. 1650. but his Coronation was deferred by reason of the than Troubles, since the English Army was upon the Borders, and the Scots now began to think how to defend themselves, and therefore marched under the Command of Montgomery and set upon the English at Muscleborough, but were worsted by them, and at Dunbar the English wholly routed them, taking the pass there. At the same time the Scots were divided among themselves into three Parties, but the King returning with Montgomery to St. johnston's they were all reconciled, and the King on Jan. 1. 1650. was Crowned at Scone; and soon after set up his Standard at Aberdeen, resolving to be himself Generalissimo of the Scotch Army; About which time Sir Hen. Hyde was beheaded at London for his Loyalty; and not long after Captain Brown Bushel received the like Doom, for performing some signal services to the King; the King began to fortify Sterlang, and the English drew near it: and Cromwell perceiving he could not draw the Scots to a Field Battle, suddenly transported over Fyfe 1600 foot, and four Troops of Horse, who with the help of Lambert and Okey, routed the Scots under Sir John Brown, taking him and several other Persons of Quality Prisoners, killing 2000 on the place, and taking about 120 Prisoners; not long after Mr. Gibbons and Mr. Love were Beheaded on Tower-hill upon the discovery of a Plot in England against the Parliament by the Presbyterians. The King seeing the English prevail so fast, thought it best to quit Scotland, and so Marched for England, July 30. 1651. which Cromwell observing, sent Lambert after him with a select Party of Horse: The King's Army being now in England, the Parliament caused numerous Forces to be raised in most Counties in England, and his Majesty marched on to Worcester and fortified it: In the mean time Maj. General Lambert gained the pass at Vpton, by a desperate attempt, in caussing some of his Troopers to swim the River on Horseback, carrying their Pistols and Holsters in their hands, to save them from wet: whereby they put Maj. Gen. Massey and his men to the Retreat, so that the King's Party was forced to quit the Town, and leave the pass to the Parliamentarians, who quickly made a Bridge over the River; and Cromwell joining with the rest of the Forces against the King, after some Sallies out of the Town against them, at length the King in the Front of his men, sallied out of Town on Sept. 3. 1651. and so valianty charged Cromwell's Lifeguard, that they were forced to retire, till seconded by fresh Forces, they put the King's Party to the Retreat; and the King had his Horse twice shot under him, and not able to rally again, they were forced to fly into the Town, where Cromwell's Party entered Pell Mell with them, and then the Cry went, Save the King, Save the King. The King seeing all lost, with some of his Nobles and Servants, escaped with much difficulty to a Farmer's house in Stafford-shire, where he disrobed himself, and for want of Scissors had his Hair out off with a Knife; and so with the Company of one Friend (who brought him Provision towards night) he betook himself to a Wood, where he made an Oak his Palace; the Soldiers hunting about for him, and a thousand Pound promised as a Reward to those that could take him; It is supposed there were about three thousand slain at Worcester, and seven hundred taken Prisoners, and not long after the E. of Derby who was one of them, was Beheaded at Bolton in Lancashire. His Majesty through many dangers and difficulties arrived at last safely at Paris in France; And a while after Oliver Cromwell, April 20. 1653. Dissolved the long Parliament, which had sat Twelve years, six months and seventeen days. In this year and the next, there were five bloody Engagements at Sea against the Dutch, in most of which the English were Victorious. Oliver Cromwell called another Junto this year, which was termed the Little Parliament, who sat some short time, and then delivered back their Power to him from whom they had received it; And December 16. 1653. Cromwell was Sworn Lord Protector of England, Scotland and Ireland, etc. And so the Government was now again in a single Person, and in April after, the Protector concluded a Peace with the Dutch, whose aid and assistance the King had strongly solicited against him. His Majesty after this sought a Reconciliation between France and Spain, and hoping thereby to further his own Interest, he left France, and departed for Germany, accompanied with his Cousin Prince Rupert; about which time Cromwell had discovered a Plot in England against his Authority, and Colonel Gerrard and Mr. Vowel suffered for the same at Tower-Hill; Scotland began likewise to stir again, the Earl of Glencarn, Monro, and Middleton having gotten some Forces together, intended to have prosecuted the King's Cause, but they were routed by General Monk and Colonel Morgan. According to the Treaty with France, Cromwell sent over some Forces to aid the French in his Wars against Flanders, and the English were to have Dunkirk in consideration thereof, which upon taking of it was accordingly delivered. In the same year 1656. Cromwell by a Parliament garbled to his mind, was installed L. Protector in Westminster-Hall: and a while after, another Plot was discovered; Sir Henry Slingsby, Dr. Hewet, Mr. Aston, and Mr. Stacy, suffered Death upon the same Account, the two first being beheaded, and the other Drawn, Hanged and Quartered, being charged to be concerned therein. Upon Sept. 3. 1658. O. Cromwell departed this life in Whitehall, and lay in State in Summer set-house till Nou. 23. following, when he was buried with great Pomp in Westminster Abby▪ After whom his Son Richard Succeeded, but was soon thrust out of his Protectorship by Fleetwood and Lambert, who with the rest of the Army called the Long Parliament again; after. which several Gentlemen in Cheshire, under the conduct of Sir George Booth risen for defence of their Privileges, but were defeated by Lambert; who soon after turned out this remnant of the Long Parliament again, and erected a Government which they called the Committee of Safety. All which Revolutions still advanced the King's Cause; Lambert now Marches North as far as New-Gastle to fight against General Monk, but his men were unwilling to engage; and in the mean time the remainder of the Long Parliament had again gotten together, and dissolved the Committee of Safety, and then invited General Monk to march with his Army to London, which he did accordingly, and was received with Joy, and soon after he procured the Dissolution of that Long Parliament; and he calling another upon April 25. 1660. who being sat, unanimously Voted the restoration of his Majesty to his Kingdoms, and accordingly upon May 29. following the King accompanied with the Dukes of York and Gloucester, and attended with several Lords and Gentlemen, arrived at Dover, where he was met by divers Noble Personages, and among the rest General Monk, who was dignified with the George and Garter. In October following, several of the Regicides of the late King were Tried in the Old Bailie, and ten of them Executed at Charing-Cross; that is, Thomas Harrison, John Carew, Adrian Scroop, John Jones, Gregory Clement, Thomas Scot, John Cook, Hugh Peter, Francis Hacker, and Daniel Axtell. Marry Princess of Orange coming over to Visit the King her Brother, fell sick of the Small Pox and died; and in January after, one Vennor a Wine-cooper, and some others in whom he had infused Enthusiastic Principles, put themselves in Arms, and came into the City, but being opposed, they killed 22 of his Majesty's Subjects, and about as many of them were slain, and the rest were taken and dispersed; eleven of whom, and Vennor their leader, were executed in several places in the City. In the beginning of the next year Prince Henry D. of Gloucester died, and upon April 23. following, being St. George's day, His Majesty K. Charles the 2. was Crowned at Westminster, with great splendour and Solemnity; having the day before made a Magnificent Passage from the Tower through the City of London (where four curious Pageants were erected,) to Whitehall. And here we shall conclude this abstract of so many various affairs, wishing all happiness to his Majesty, and the preservation of the Protestant Religion forever. FINIS.