w_fT'I C)- u ::: - [J"" - 0 (/) === 3" ----= fT'I w ====- ct - cO 5 = cO M ....: O (/) === O M > _ ...D !: === - M w= > - fT'I f " )) ) ((r I I ) ) 1 J ,I \ , , if . ( It )Î \ J ' 1f ') tt (. A (,I ) I ('1 \r . \ ... - . .' " \.. " , , ,. J " ... \ J . ._ . , " ....' '\ " 1 ,. , .\-. -. -.,... . ", .... . -- ...) ,--... ..-" .. .. , .. . . ø . - \, - .. ,,y. . . J (II '-. \ , ' " "-. \ \; . .. Þ t . c , . ..- . " .\ It I ........., . '- . . '" \ .,.. 'r'-- ./ '" . ..... " '\ , .. C)' \.. "- , '- -". ..... -:' ""' l ... . " . 1 '" . " .' ) ""- ..r ---.. "- '\ " '"" .., , ''''. \ \f '\ "" " " . ). .. . p \. :. \ \ . \ e. J. "\ \ 1 k. , '\-. . " '-... . ./ -, , .., J . ..J '" '" , .. . --, . . - \ ...J. \ II \J ..... f. .t r - \ \' , ""-- ./ . "I -'" ---- ) " << .. . , . 't \. . . . , ....... . . \} "- l , \ \ r...: ., , \ . ./ . " ... I Þ' " '\ f :::' ," '-. .... ... , -, " "- , TIlE HIS 'l () l{ Y OF THE REBELL ION, BY ED"V ARD EARL OF' CLARENDON. IN EIGHT YOLUl\IES. . K - ", T TYj.tJ., E) C(EI. HUCYD. Ne quÙlfalsi dicere t.L1tdeat ne quid 'veri non lludt:ai. CICl HO. THE HISTORY OF THE REBELLION AND CIVIL WARS IN EN GLAND, TO WHICH IS ADDED AN HISTORICAL VIE\V OF THE AFFAIRS OF IRELAND, BY ED'V ARD EARL OF CLARENDON. . A NE'V EDITION, EXHIBITING A FAITHFUL COLLATION OF THE ORIGINAL MS., 'VITH ALL THE SUPPRESSED PASSAGES; ALSO THE UNPUBIJISHED NOTES OF BISHOP WARBURTON. . VO L. II. . UXFORD, AT THE CLARENDON' PRES . ::\IDCCCXXVI. THE HISTORY OF THE REBELLION, &c. BOOK IV. ISA. xvii. 12. a JVo to tlte multitude gf many people, wlÛclt rnake a noise like tlte noise gfilte seas; and to tlte 'r1lSltil1g qf nations, tltat make a 'ruslting like tlte r'llsIÛllf!,' W many wate1"S. . WHEN the king came to York, which was about ] 641. the Iniddle of August, he found no part of either The láng came to army disbanded; for, though orders had been issued york in his h . .. Journey to- to that purpose, yet t e n10ney, \vIthout whIch It wards Scot- could not be done, was not yet come to hand; b and land. because so great a sum could not be presently.pro- cured, as would satisfy both, an act of parliament had been passed, for the satisfaction of the principal officers of the king's army, by which they were pro- Inised payolent, upon the public faith, in November follo\ving; till which tilne they were to respite it, and be contented t.hat the common soldiers, and in.. a ISA. xvii. 12. - many wa- ters.) Not in lJtlS. VOL. II. b to hand;] to their hands; B () ^" 'rI-IE IllS TORY ] 64 ] . ferior officers, should he fully satisfied upon their dis- handing. During the time of the king's abode at York, \vhich was not many days, the earl of Holland, lord general, Inade a suit to hin1 for the making a baron; \vhich, at that time, n1ight have been worth to him ten thousand pounds. 'Vhether the king appre- ]}ended the 11laking an unfit Iuan, \vho Inight dis- serve hitn in the house of peers; or ,vhether he re- solved to contain hÎ1nself fron1 enlarging that num- her, except upon an extraordinary relation to his own service, I know not: but he thought not fit, at that time, to gratify the earl: by which he took himself to be highly disobliged, (as the courtiers of that time looked upon C whatsoever was denied to them, as taken d from them,) and having received some in- forlnation, from sir Jacob Ashley and sir John Coniers, of SOlne idle passages in the late talnpering \vith the army to petition, which had not been before heard of; as soon as the king was gone towards Scotland (though his majesty hath since told me, "that he " thought he had left him e at parting in very good " humour, and devotion to his service") the earl f wrote a letter to the earl of Essex, to be communi- cated in parliament, "that he found there had been " strange atteInpts made to pervert and corrupt the " army, but, he doubted not, he should be able to " prevent any mischief:" the whole sense being so mysterious, that it was no hard 111atter, after it was read in the houses, g to persuade Iuen, that it related to sOlnewhat they had yet never heard; and bcing BOOK IV. C looked upon] took d as taken] to be taken c him] the earl f the earl] he g the houses,] both houses, OF TI-IE REBELLION. s dated on the sixteenth day of August, which must BOOK be the tÏ1ne that the king ,vas there, or newly gone IV. thence h, (for he took his journey frOlTI London on ] 6-11. the tenth,) seellied to reflect on somewhat his ma- jesty should have attempted. Hereupon their old fears are awakened, and new ones infused into the people; every lTIan taking the liberty of making what interpretation he i pleased of that which no llian understood. The papists ,vere the Inost popular c0111mon-place, Order of and the butt against ,vholn all the arrows ,vere di- :es to rected. and so U p on this new fri g ht an order ,vas disa.rm aU , , papists. nlade by both houses "for disarming all the papists "in England:" upon ,vhich, and the like orders, though seldom any thing was after done, or no 111at- tel" of m0l11ent, yet it served to keep up the fears and apprehensions in the people, of dangers and de- signs, and to disincline the111 froln any reverence or affection to the queen, \v h0111 they begun j every day more Ílnplacably to hate, and consequently to dis- oblige. And, as upon those, and the like light oc- casions, they grew to a licence of language, without the least respect of persons, of how venerable estitna- tion soever; so they departed frOlTI all k order or re- gularity in debate; or rules and measures 1 in judg- ing; the chief rulers alTIOngst them first designing what they thought fit to be done, and the rest con- cluding any thing lawful, that they thought, in or- der to the doing and m compassing the same: in \vhich neither laws nor cust0111S could be admitted to signify any thing against their sensc. h thence] Not in MS. i he] they j begun] began k all] any 1 measures] n1easure m and] or n2 41 THE HISTOIlY J G41. I relnelnber, about that til11C, in the providing Ino- ney for the disbanding the arlnies, upon which they ,vere marveUously solicitous, fronl the tilne that the king went towards the north, there arose a: question, " "'hether'Vilmot, Ashburnham, and Pollard, should " receive their pay due to them upon their several " comlnands, lying under the charge of the plot, for " bringing up, and" corrupting the arnlY;" very many passionately alleging, "that such men ought not to " receive their pay, who had forfeited their trust:" yet there wanted not many who alleged, "that they " had the security of an act of parlialnent for their " payment, and that in justice it could not be de- " tained froln them; that, though they lay under the " displeasure of the house, they ,vere so far from a " judgment yet, n that there was not so much as a " charge against them, but that they were at liberty " under bail; and therefore they could not be said " to have forfeited any thing that ,vas their o,vn." I 11 this debate the house seemed equally divided, till one, ,vho well knew what he said, told them, " that " there could not be any reasonable pretence for de- " taining their due, as well for the reasons that had " been given, as, that. they were absolutely pardoned " by the late act of oblivion, and pacification, be- " tween the t,vo kingdolns:" the ,vhich was no soon- er said, than Inany of those ,vbo were before inclined to the gentlemen, changed their opinions, and, with- out so much as calling to have the statute read, de- clared, "that they could have no benefit by that act " of parlia11leDt, because then, the saIne 11light be as " \vell applied to the archbishop of Canterbury." And BOOK IV. n they were so far fronl a far frorn a judgment, judgment yet ] yet there was 80 OF 'rHE ItEBELLION. so, \\rithout further weighing the law, or the reason, it was thought sufficient, not only to exclude them froll1 that benefit, but to bar theln fron1 their lnoney ; lest they might be thought to be admitted to it for that reason, which might prove an advantage to an- other, to whon1 they had no inclination to be just. And no question, they had been overseen in the pen- ning that statute; the words, in their true and ge- nuine signification and extent, comprehending as well the archbishop of Canterbury, as those who at that time had no contempt of the security they reaped thereby. Soon after the king \vent into Scotland, there be- ing some motion "to adjourn the houses till after " Michaeln1as," which seemed to be generally inclined to, very Hlany of both houses being willing to refresh themselves, 0 after so long absence froln their hOInes, (the SUlumer being far spent, and the plague increas- ing; of ,vhich SOlne men1bers had died: and others were in danger, having heen in infected houses,) and conceiving, that there was no more to be done till the return of the king, saving P only the procuring money to finish the disbanding; went into the coun- try: and others, who staid in the to\vn, were less solicitous to attend the public service; but betook themselves to those exercises and refreshnlents \vhich were pleasanter to them: insolnuch, as within twenty days after the king's remove, there were nót above twenty lords, nor much above a hundred COlnmoners, in both houses. But this was the advantage looked for; q those persons continuing (especially in the o refresh then1selves,] refresh themselves in the country, P saving] save q looked for;] they looked for; nS 5 ROOK IV. ] 641. 6 THE HISTORY house of C0111ffions) to whose care and managery the whole reformation was cOlnlnitted. They no,v en- tered upon the consultation of the highest 111atters, both in church and state; and made atte111pts and entries upon those regalities and foundations, ,vhich have been since more evident in wider and In ore no- torious breaches. r From the s liberty and success of advising what was fit to be done out of the kingdom, t with refer- ence to the levies for France and Spain, they as- sumed the saIne freedom, of consulting and determin- ing what was not fit, within the walls of the church; and finding their numbers to be so thin, that they might, by art or accident, prevail with the Inajor part to be of their Inind; and to gratify the more violent party of the reformers, (,vho, with great in1- patience, suffered themselves to be contained ,vithin any bounds or limits, by those ,vho knew better ho\v to conduct their business,) they entered upon debate of the Bðok of Common-Prayer, (which sure, at that time, was much reverenced throughout the king- dom,) and proposed, "in regard (they said) many "things in it gave offence, at least ußlbrage, to " tender consciences, that there Inight be liberty to " disuse it:" ,vhich proposition was so ungracious, that, though it was n1ade in a thin house, and pressed by those who were of the greatest po\ver and authority, it ,vas so far frol11 being consented to, that by the Inajor part (the house consisting then of about six score) it was voted, " that it should be " dulyU observed." r notorious breaches.] A por- tion here omitted from MS. C. will be found in the Appendi: r , A. BOOK IV. I 64] . s the liberty] this liberty t out of the kingdom,] with- out the walls of the kingdom U duly] justly and duly OF 'l'HE REBELLION. However, the next day, contrary to all rules and orders of parliament, very many being absent who had been active in that debate, they suspended that order; and resolved, " that the standing of the con1- " 111union-table in all churches should be altered;" the rails (,vhich in most places had been set up for the greater decencyX) " should be pulled down; that "the chancels should be levelled, and n1ade even " \vith all other parts of the church; and that no " man should presume to bow at the nan1e of Jesus," (which ,vas enjoined by a canon, and of long useY in the church;) and having digested these godly reso- lutions into an order, they carried it up to the lords for their concurrence; promising themselves, that, from the snlall number which remained there, they should find no dissent. But the nlajor part of the lords being much scandalized, that the house of COm1110nS should not only unseasonably, and irregu- larly, interpose in a lnatter wherein z they had not the least jurisdiction; but should presume to disturb the peace of the church, and interrupt the settled and legal government thereof, by such schismatical presul11ption, not only refused to join \vith then1, but, instead thereof, directed an order, formerly made by the house of peers, (on the sixteenth of Ja- nuary before,) to be printed, to this effect: "that " the divine service should be perfornled, as it is ap.. "pointed by the acts of parliament of this reahn; " and that all such as shall disturb that \vholesOlue "order, shall be sevel:ely punished, according to " la,v ;" R. and acquainted the C0111ffiOnS there,vith: x greater ùecency] n10re de- cency y use] usage I wherein] of which a to law;] to the law; B4 7 BOOK IV. 1641. 8 'fHE HISTORY BOOI\. who, nothing satisfied, pursued their former order; IV. and, " comn1anding all the COlnmons of England to ] 641. "sublnit to their direction, declared, that the order " of the lords was made by the consent hut of eleven " lords, and that nine other lords did dissent from " it; and, therefore, that no obedience should be " given thereunto." 'Vhereas the order had been made in full parliament, seven months before; and ,vas seasonably ordéred to be published, by the major part present, upon that important occasion. And such an arraigning the house of peers, for publishing an order in maintenance of the la\vs established, by those who had no authority to declare what the la,v was, nor a jurisdiction over those who should in- fringe the law, was so transcendent a presumption, and breach of privilege, that there was great expec- tation what the lords would do in their own vindi- cation. An ordi- There was one clause in the act of pacification, nance of hoth houses" that there should be a public and solemn day of for a day h k .. .i!. h b h k . of thanks- "t an sglvlng, Jor t e peace et,veen t e two lng- givjn , on "doms of En g land and Scotland ." but no da y bein g occaSlOn of c: . the.pacifi- appointed for that act of indevotion, the lords and catIOn. con1mons assu111ed the power to thelnselves of di- recting it; and, to that purpose, nlade an ordinance, as they called it, " that it should be observed on the "seventh of Septelnber following, throughout the "kingdo111 of England and d0I11inion of 'Vales." 'Vhich was done accordingly; the factious ministers in all pulpits taking occasion then to n1agnify the parliament, and the Scots; and to infuse as much n1alignity into the people, against those who were not of that faction, as their ,vit and malice could suggest; the house of commons celebrating that day OF 'rHE REBELLION. 9 in the chapel at Lincoln's Inn; because the bishop BOOK of Lincoln, as dean of Westnlinster, had forlned a IV. prayer for that occasion, and enjoined it to be read 1641. on that day, in those churches where he had juris- diction b; ,vhich they liked not: both as it was a form, C and formed by hitn; and so avoided cOIning there d . After the solelnnization of that day, and their Inaking e their declaration against the lords, about the order above Inentioned, and the recommending son1e seditious, unconformable lninisters, to be lecturers in churches about London, whom the inculnbents f were compelled to receive: when they had great appre- hension, by their melnbers leaving them, that they should not have forty relnaining, (less than which number could not constitute a house of cOlnlnons,) they consented to a recess; and on the ninth day of Sept. 9, S 6 d . d · 164], both eptember, 1 41, they a ourne thelnselves tIll the houses ad- · h d f 0 b í' II . · h h · journed to twentlet ay 0 cto er 10 wlng: elt er ouse 11"- October 20, re g ularl y ( for the like had never been before g P rac- appojnt t n t g a comllli ee tised) making a committee, to meet twice a week, o.f eacl to Sit dUrIng and oftener, if they saw cause, during the recess, the recess. and to transact such business as they ,vere authorized to do by their instructions. The house of lords lin1ited their comnlittee (which The powers of the com- consisted of the earls of Essex, 'Varwick, the lords mittee of 'Vh K . b I h d I b the house alton, 1m 0 ton, an twe ve more; ut every of lords: three were as able to transact as the whole number) by their instructions, "only to open the letters which b where he had jurisdiction] Not in IS. C a form,] formed, d coming there] Not in iUS. e their making] the making fwhOln theincumbeuts] which the Ininisters g been before] before been h Kimbolton,] l\landc\Tille, 10 r.rHE HIS r rOlt \ J 64] . " should come froln the cOlnnlittee in Scotland, and "to return answers to theln; ,vith })ower to recall "that cOll11nittee, lv-hen they thought fit; to send "down monies to the armies; and to assist about " their disbanding; and in relnoving the magazines " from Ber\vick and Carlisle." But the house of commons thought this po,ver too narrow for their comlnittee; and therefore against order too (for the power of the con11nittees of both houses ought to have been equal) they qualified theirs (which consisted of lr. Pym, Mr. Saint-John, IV!r. Strode, sir Gilbert Gerrard, sir Henry Mildmay, sir Henry Vane, alderman Pennington, captain Venn, and others; every six having the authority of the whole) as well with the i powers granted to the lords, as likewise, " to go on in preparation of proceedings " against such delinquents, as were voted against, k or " cOlnplained of 1 in the house; and to receive any " offers of discoverym that they should n1ake; to send " to all sheriffs, and justices of peace, upon inforn1a- "tion of any riots, or tumults; to stir them up in "their n duty in repressing them; and to report to " their house any failing in obedience to their con1- " Inands ; 0 to take the accounts of any accountants " to his Inajesty, in order to the preparation P of his "lnajesty's revenue; to consider of fralning and " constituting a West India cOInpany; and to con- " sider the fishing, upon the coasts of England, Scot- " land, and Ireland;" and 111any other extravagant BOOK IV. Of the house of commons. i the] Not in IJiS. k against,] Not in MS. I of] against m of discovery] Not ill IS. n i n their] to their o con1mands;] senùing; P preparation] preparations OP 'rHE REBELLION. 11 particulars: which served q to ll1agnify the authority BOOK of that comnlittee; and to draw resort and reverence IV. to thenl frOin ahl10st all sorts of men. 164]. The houses being thus adjourned, the cOlnmittee The busi- f . d M P · . h . ness before o the commons appoInte r. ym to SIt In t ell' the com- h . h h . h · h h . h d · d mittee of Call'; ,v 0, 10rt \Vlt , WIt IS o\vn an, signe the COffi- the printed declarations before ll1entioned, of the mons. ninth of Septeluber; and caused theln to be so read in all churches in London, and throughout the coun- tries. r \Vhereupon the seditious and factious per- sons caused the \vindows to be broken down in churches; broke down the rails, and relnoved the cOlnnlunion-table,s (\vhich, in many places,t had stood in that manner ever since the reformation,) and COln- nlitted Inany insolent and scandalous disorders. And when the minister, and the graver and nlore sub- stantial sort of inhabitants, used any opposition, and l'esisted such their licence, they \vere immediately required to attend the cOlnnlittee; and, if they could be neither persuaded nor u threatened to su bmit, their attendance was continued from day to day, to their great charge and vexation. If any grave and learned Ininister refused to admit into his church a lecturer reco111mended by theIn, (and I am confident, there was not, froBl the beginning of this parliament, one orthodox or learned man recolnnlended by thenl to any church in England,) he was presently re- quired to attend upon the c0111mittee; and not dis- charged till the houses met again; and then like- ,vise, if he escaped c0111mitlnent, continued, to his (1 which served] Thus i.n ftIS. : which neither of both houses had to do with, but served r countries.] countie . 8 communion-table,] table, t places,] churches, U nor] or 1!2 THE l:lIS"rOR\T 1641. intolerable loss and trouble: few DIeD having the patience to endure that oppression, against ,vhich they knew not whither to appeal; and therefore in the end sublnitted to ,vhat they could not resist; and so all pulpits were supplied with their seditious and schislnatical preachers. The armies ,vere at last disbanded: and, about the end of September, the earl of Holland, in great pOlnp, returned to his house at Kensington; where he was visited and caressed, ,vith great application, by all the factious party: for he had now, whether upon the disobligation remembered before, of being denied the making a baron; or upon some informa- tion, of some sharp expressions used by the queen upon his letter; and the conscience of that letter: or the apprehensions of being questioned and pro- secuted upon the enorlnities of his office of chief justice in eyre, and other transgressions, fully de- clared himself of their party. And that they luight be the better prepared to keep up the prejudice to the king, and the keenness against the court, till the coming together of both houses; when they had rea- son to believe the observation of their crooked and indirect courses, and their visible, unwarrantable breaches, upon the church, and the religion esta- Llished by law, ,vould render men less devoted to them; his lordship furnished then1 ,vith In any in- forulations of what had passed in the late army, which might be ,vrested to the king's disadvantage; told them whatsoever the king hÏll1self had said to him, ,vhen he looked upon him as a person true to hin1 ; and ,vhen, it is very probable, he ,vas 110t much delighted ,vith the proceedings at \Vcstminstcr; and of all the particulars, which sir Jacob Ashley, and sir BOOK IV. The armies disbanded. OF THE REBELJ-,ION. John Coniers, had informed him, when they took hinl to be of entire trust with his lllajesty, and w}lolly under that consideration, (whereupon they were afterwards exalnined, and conlpelled to testify that in public, ,vhich they had before hnparted to . hiln in the greatest secrecy;) and added to all this, ,vhatever information he had received by the lady Carlisle, of words or actions, spoken or done by the queen, which might increase their jealousy or lllalice x to her majesty. And heY hinlself (who had been al- \vays believed a creáture of the queen's, and exceed- ingly obliged and protected by her ilnmediate and single grace and favour, against the earl of Portland, the earl of Strafford, and the archbishop of Canter- bury, in those times Z when they had other\vise de- stroyed hilTJ) visited her lnajesty but once, fronl the tilne öf his return out of the north, to the time of the king's return froIlI Scotland, which ,vas full six weeks. And yet, there were SOllIe Dlen still at those private meetings at Kensington, ,vho thought the que en's favour a likelier Ineans for their preferment, than the interest of the others; and therefore always gave advertiselnent to her of ,vhat passed in that cOllIpany: which information, for want of due care in the Inanagery, and by reason of the unfaithful- ness of her nearest servants, commonly produced somewhat, of ,vhich the other side Inade greater ad- vantage, than she could do by the knowledge of their counsels and resolutions. a x or malice] and ma1ice Y he] Not in lJ1S. Z tilues] high times a re olutions.] The account which immediately follows of the king's journey into Scotland is taken from MS. B. The relation of that visit, as given in IS. c. is inserted in the Appendix, B. 13 BOOK IV. ] 641. BOOK IV. 1641. A small committee of both houses at- tt'nrled the king in Scotland. 14 THE HISTORY The sIlort recess of the parliall1ent, though it was not uluch above the space of a month, was yet a great refreshment to those who had sat near a full year, l1lornings and afternoons, ,vith little or no in- termission ; and in that ,varnl region, 'v here thunder and lightning ,vas made. Some very un\varrantable proceedings, by the cOlllmittee that sat during the recess, or 1\11". PYl1l, \vho sat in the chair of that comulittee, and issued out those orders concerning the church, gave so 11luch offence and scandal, that the members were like to 11leet together with 1110re courage, and less inclinations to novelties, than they had parted with. But there \vere several accidents fell out, some frOl1l very little, and some from very great causes, which had b that influence upon the nature and spirit c of lnen, and upon the actions of that tinle, that, for the better understanding SOUle particular passages, ,vhich will appear pertinent, it will be even necessary, briefly, and it shaH be but very briefly, to Inention SOlne of those particulars. d \Vhen the king went into Scotland; for the better e preserving the correspondence between the t\VO king- d0111S, as ,vas pretended; and to see all things per- fornled, ,vhich ,,-ere to be done in the parlianlent of ScotJand, by the act of pacification; a small COln- mittee (as hath been before said f) was appointed by the t\VO houses, consisting of one lord and two COffi- lnons,g to attend (as the phrase ,va ) upon his l11a- jesty: but., in truth, to he spies h upon hinl; and to h \vhich had] which, though e for the better] the parlia- they may not seem precisely per- ment, for the better tinent to this present discourse, f as hath been before said] had Not in lJtIS. c spirit] spirits g commons.] COInmoners, d those particulars.] those, how h spies] a spy foreign soever. · OF THE REBELLION. 15 give the same assistance to the parliament there, BOO K upon any emergent occasion, as the Scottish i C0I11- IV. missioners had done here. 1641. The person appointed by the lords, ,vas the lord For the lords, the Ho,vard of Escrick, a younger son of the house of lord How- Suffolk; \vho, in the time of the duke of Bucking- fc Es- ham, n1arried a niece of his; and having his ,vhole dependence upon him, and being absolutely governed by hin1, ,vas by him Inade a baron: but that de- pendence being at an end, his wife dead, and he without any virtue to promote himsel he withdrew hhnself fr0111 follo,ving the court, and, shortly after, froB1 ,vishing it well; and had now delivered hin1- self up, body and soul, to be disposed of by that party, which appeared most averse, and obnoxious, to the court and the governn1ent: and only in that confidence was designed to that elnployment; and to be entirely disposed and governed by the two mem- 1 h .. d · h h . 1 I h f For the JCrS, 'V 0 \\Tere JOIne WIt In1 JY t 1e ouse 0 commons, commons ,vho 'v ere k sir Phili p Sta p leton and 1\11". ir PhiJip " Stapleton, Hambden. 1\Ir. Hamb- . den. The latter hath been n1entioned before, as a man of great understanding and parts, I and of great sa- gacitylll in discerning luen's natures and Inanners; and he n1ust, upon all occasions, still be mentioned, as a person of great dextel:ity and abilities, and equal to any trust or clnploYlnent, good or bad, ,vhich he was inclined to undertake. i Scottish] Scots k who were,] and they were, 1 understanding and parts,] parts of unùerstanding, m of great sagacity - bad,] Thus in ftfS. : of great dexterity in nature and manners; and he ll1ust upon all occasions still be mentioned as a person of great utility, anù equal to allY em- ployment or trust, good or bad, &c. 16 THE HISTORY BOOK The other, sir Philip Stapleton, \vas a proper Inan, IV. of a fair extraction; but, being a branch of a younger ] 641. family, inherited but a llloderate estate, about five hundred pounds a year, n in Yorkshire; and, accord- ing to the custom of that country, had o spent Inuch time P in those delights which horses and dogs ad. minister. Being returned to serve in parlialnent, he concurred with his neighbours, Hothaln and Chol-, mondley; being much younger than they, and go- verned by them in the prosecution of the earl of Strafford; and so ,vas easily received into the COlll- pany and familiarity of that whole party which took that work to heart; and in a short titne appeared a man of vigour in body and 111ind; and to be rather "\vithout good breeding, than not capable of it; and so he quickly outgrew his friends and countrynlen in the confidence of those who governed: they look- ingq upon him, as worth the getting entirely to theln; and not averse froln being gotten; and so joined hitn with Mr. Hambden in this their first em- ployment (and the first, that ever a parlianlent had of that kind) to be initiated und r so great a master; whose instruction he ,vas very capable of. Transac- There had been, even fron1 the tinle the Scottish r tions in Scotland, army callIe:;; into England, nlany factions and jea- e, lousies amongst the principal persons of that na- Argy e, and tion; but none so much taken notice of, as that Hawilton. between the two earls, of l\lontrose, and Argyle. The forlner took himself to have deserved as much as any nlan, in contributing 111ore, and appearing n a year,] the year, o had] Not in lYSe P much time] his time C] they looking] and they looked r Scottish] Scotch came] entered OF 'HE REBELLION. sooner, in their first approach towards rebellion; as indeed he ,vas a III an of the best quality, ,vho did so soon discover hiInself; and, it lTIay be, he did it the sooner, in opposition to Argyle; ,, ho being then of the king's council, he doubted not, would be of his majesty's t party. The people looked upon thenl both, as young men of unlimited ambition; and used to say, "that they \vere like Cæsar and Pompey, the " one \vould endure no superior, and the other \vould "have no equal." True it is, that from the tiule that Argyle declared himself against the king (\vhich ,vas immediately after the first pacification) Montrose appeared with less vigour for the covenant; and had, by underhand and secret insinuations, Inade proffer of his service to the king. But now, after his nla- jesty's arrival in Scotland, by the introduction of Mr. Willialn Murray of the bedchamber, he caIne privately to the king; and inforlned him of many particulars, froln the beginning of the rebellion; and, " that the marquis of Hamilton was no less faulty, " and false to\vards his majesty, than Argyle;" and offered" to make proof of all in the parlianlent;" hut rather desired, " to have them both made a\vay;"U which he frankly undertook to do; but the king, abhorring that expedient, though x for his own secu- rity, advised," that the proofs might be prepared for " the parliament." 'Vhen suddenly, on a Sunday Inorning, the city of Edinburgh was in arms; and Halnilton and Argyle both gone out of the o\vn to their o'vn houses; where they stood upon their guards; declaring publicly, "that they had with- t majesty's] Not in MS. " away ;U] to kill them both; \1 U to have them both made x though] Not in MS. VOL. II. (' 17 BOOK IV. ] 641 . 18 THE HISTORY I 641. "drawn themselves, because they knew that there "was a design to assassinate them; and chose ra- " ther to absent themselves, than by standing upon " their defence in Edinburgh (which they could \vell " have done) to hazard the public peace and Y secu- " rity of the parlianlent; which thundered on their " behalf." The comlnittee at Edinburgh despatched a,vay an express to London, \vith a dark and perplexed ac- count, in the morning that the two lords had left the city; with lTIany doubtful expressions, "what the " end of it would be;" not \vithout sonle dark insi- nuations, as if the design nlight look farther than Scotland. And these letters were brought to Lon- don, the day before the houses were to come to- gether, after the recess; all that party taking pains to persuade others, "that it could not but be a de- "sign to assassinate more men than those lords at " Edinburgh." And the morning the houses were to nleet, 1\11". Hyde heing walking in 'Vestminster-hall, \vith the earl of Holland and the earl of Essex, both the earls seemed ,vonderfully concerned at it ; Z and to believe, " that other men were in danger of the like assaults :" the other not thinking the apprehension worthy of them, told them merrily, " that he kne\v well ,vhat " opinions they both had of those two lords, a year " or two before, and he wondered how they became " so altered:" to which they answered smiling, "that " the times and the court was much altered since." And the houses were no sooner sat, but the report being made in the house of COlTImOnS, and the COlTI- BOOK IV. Y and] and the Z at it;] in it ; OF 'l"HE REBELLION. 19 ll1ittee's letter fronl Scotland being read, a Illotion BOOK was made, " to send to the house of peers, that the IV. " earl of Essex, who was left by the king, general on 1641. " this side Trent, might be desired to appoint such " a guard, as he thought cOlnpetent for the security " of the parlialnent, constantly to attend while the "houses sat;" \v hich was done accordingly; and The earl of . . Essex ap- contInued, till they thought fit to have other guards. points a All . h d h ] . f h guard for 'VhIC was one to alnUSe t e peop e, as 1 t e the security P arlialnent were a in dan g er: when in Scotland all o.f the par- lIament. things were quickly pacified; and ended in creating the marquis Hamilton a duke, and Argyle a mar- quis. b There was a worse accident than all these, which News of the .e II · h . f . S I d rebellion in Ie out In t e tune 0 the king's stay In cot an , Ireland. and about the tilne of the two houses reconvening; which lllade a wonderful Ï1npression upon the ll1inds of nlen; and proved of infinite disadvantage to the king's affairs, which \vere then recovering new life; and that ,vas the rebellion in Ireland: which broke out about the middle of October, in all parts of the kingdom. Their design upon Dublin was ll1iracu- Iou sly discovered, the night before it was to be exe- cuted; and so the surprisal of that castle prevented; and the principal conspirators, who had the charge of it, apprehended. I n the other parts of the king- dom they observed the tin1e appointed, not hearing of the n1isfortunes of their friends at Dublin. A ge- neral insurrection of the Irish spread itself over the whole country, in such an inhuman and barbarous a parliament were] parlia- luent was b Argyle a llmrquis.] An ac- ('Oll12t of the clputh f the ead f!f Rotltes, and the effect it hall upon the Scots, is here omitted: see Appendix c. c2 QO THE HISTORY BOOK lUanneI', that there ,vere forty or fifty thousand of IV. the English protestants lllurdered, before they sus- ] 641. pected theluselves to be in any danger, or could pro- vide for their defence, by dra\ving together into towns, or strong houses. From Dublin, the lords justices, and council, des- patched their letters by an express (the same luan ,vho had nlade the discovery, one Oconelly, C ,vho had forlnerly been a servant to sir John Clotworthy) to London, to the earl of Leicester, then lord lieute- nant of Ireland. Froln the parts of the north, and Ulster, an express ,vas sent to the king hinlself: at Edinburgh; and the king's letters frolll thence, to the two houses, arrived within less than two days after the messenger from Dublin. It was upon a Sunday night, that the letters fron1 Dublin Ca111e to the earl of Leicester; ,vho Ï1ume- diately c used the council to be sU111moned, and, as soon as it \vas met, informed thenl of the condition of Ireland; that is, so luuch as those letters contain- ed: which were written, ,vhen little more ,vas kno,vn than the discovery at Dublin; and what the conspirators had confessed upon their examinations. The house of peers had then adjourned itself to the "r ednesday following; l?ut the house of con1nlons 'v ere to llleet on the next day, lVlonday morning; The lords of and the council resolved, "that they would in a body the c uncil " g o to the house of commons as soon as it sat acquamt the " house of "and inforn1 then1 of it;" ,vhich they did; notice commons with the being first given to the house, "that the lords of the news, the. f .. house of "councIl had some n1atters 0 llnportance to In1part ]ords not h d b . 1 . d h b sitting. " to t en1, an ,vere a ove In t Ie paInte c al11 er (' OconeIly,J O'Conelly, OF THE REBELLION. " ready to come to theln:" whereupon chairs were set in the house for them to repose themselves, and the sergeant sent to conduct theln. As soon as they entered the house, the speaker desired them to sit down; and then being covered, Littleton, lord keep- er, told the speaker," that the lord lieutenant of " Ireland, having received letters from the lords jus- " tices and council there, had communicated thel11 " to the council; and since the house of peers was " not then sitting, they had thought fit, for the Í1u- "portance of the letters, to impart them to that " house;" and so referred the business to the lord lieutenant; who, ,vithout any enlargelnent, only read the letters he had received, and so the lords departed froDl the house. There ,vas a deep silence in the house, and a kind . of consternation: ll10st lllen's heads having been in- toxicated, from their first meeting in parliament, with iinaginations of plots, and treasonable designs, through the three kingdoms. The affair itself seem- ed to be out of their cognizance; and the communi- cation of it served only to prepare their thoughts, what to do when more should be known; and when they should hear \vhat the king thought fit to be done. And when the king's letters arrived, they were glad the news had COine to hin1, \vhen he had so good council about him to advise him what to do. The king was not then informed of ,vhat had been discovered at Dublin: but the letters out of Ulster (which he sent to the parliament) gave him notice " of a d general insurrection in the north; and of the "inhunlan murders cOllll11itted there, upon a 11lUI.. d of a] of the ('3 l BOOK IV. ] 64 I. oø ..N THE HISTORY BOOK "titude of the protestants; and that sir Phelim IV. "O'N eíl appeared as the general and COIDlTIander 1641. "in chief." Hi.s majesty Upon which his majesty \vrit to the two houses, ''HItes to the two houses "that he was satisfied that it ,vas no rash insurrec- about it. " tion, but a formed rebellion; which must be pro- ''" secuted with a sharp "Tar; the conducting and " prosecuting ,vhereof he ,vholly committed to their " care and wisdom, and depended upon them for the " carrying it on; and that for the present he had " caused a strong regiment of fifteen hundred foot, " under good officers, to be transported out of Scot- " land into Ulster, for the relief of those parts;" \\Thich were upon the matter wholly inhabited by Scots and Irish; there being fenTer English there e, than in any part of Ireland. This fell out to their wish; and thereupon they Inade a committee of both houses, " for the conside- " ration of the affairs of Ireland, and providing for " the supply of men, arms, and ll10ney, for the sup- " pressing that rebellion ;" the lord lieutenant of Ireland being one of the committee, which sat every ll10rning in the painted chamber; and the lord lieu- tenant first con1municated all the letters he received, to them to be consulted on, and to be thence report- ed to the t,vo houses; which ,vere hereby possessed of a large power f and dependence; all men applying themsel yes to them, that is, to the chief leaders, for their preferments in that ,val': the mischief \vhercof, though in the beginning little taken notice o ,vas afterwards felt by the king very sensibly. These concurrent circulTIstances ll1uch altered and (' there] Not in 11/8. f large power] h lIge power OF 1."HE REBELLION. g suppressed that good humour and spirit the houses BOOK IV. ,vere ,vell disposed to meet in ; g and the angry men, who were disappointed of the preferments they ex- 1641. }Jected, and had promised thelllselves, took all occa- sions, by their emissaries, to insinuate into the minds of the people," that this rebellion in Ireland ,vas " contrived and h fomented by the king, or, at least, " by the queen, for the advancement of popery; and " that the rebels published and declared, that they " had the king's authority for all they did;" ,vhich calumny, though ,vithout the least shadow or colour of truth, made more inlpression upon the minds of sober and moderate lnen (who till that time i had luuch disliked the passionate proceedings of the par... liament) than could be then hnagined, or can yet be believed. So great a prejudice, or want of revere ce, ,vas universally contracted against the court, espe- cially the queen, k whose po,ver and activity was thought too great. Shortly after the beginning of the parliament, A com it- h h d .. tee revIved t ere a been a C0l111lllttee appoInted, " to prepare for drawing " and dra,v U P a g eneral l'emonstrance of the state up a remon- strance. " of the kingdoln, and the particular grievances it "bad sustained;" but it scarce met, I or ,vas ever after spoken of. In But now, the houses no sooner lllet after their recess, than Mr. Strode (one of the fiercest men of the party, and of the party only for his fierceness) moved, " that that committee might " be revived, añd ordered to nleet;" for \vhich, of course, a tinle and place ,vas appointed: by which g meet in;] meet with; II and] or i (who till that time] and who till then k especiall)T the queen,] espe- cially towards the queen, 1 scarce met,] scarce ever nlet, m spoken of.] mentioned. c4 4 THE HIS'I'ORY H 0 0 K l11en easily discerned, that nothing of their fury was IV. abated, but rather increased, n in that they found 1 64) · their credit every day lessened in the house, by the opposition and contradiction they sustained. And they 0 being thus disquieted; and knowing little; and so doubting much; every day seell1ed to them to produce P a new discovery, of some new treason and plot against the kingdom. One day, " a letter "from beyond seas, of great forces prepared to in- " vade England;" another, q " of son1e attenlpt upon " the life of Mr. Pym;" and no occasion olnitted to speak of the evil council about the king; when scarce a counsellor durst COllIe near hinl, or be suspected to hear from him. r A new bill After some days, a new bill was presented to the in the house h f " fY. h k . h b . h ' of commons ouse 0 commons, lor t e ta lng away t e IS ops v:;k i. "votes in parliament; and for disabling them to shops','otes." exercise any telnporal office in the kingdom:" against which was objected, " that it was contrary " to the course and order of parliament, that any bill " that had been rejected should be again preferred " the same session; and therefore it S ought not to "be so nluch as read :" to which nothing ,vas re- plied but noise; and " that this bill varied in SOlne n but rather increased,] and the less, o And they] l\len P seemed to them to produce] produced q another, " of] then, r frOtH him.] MS. adds: then an order Blust be framed to the n1arquis of IIcrtford, (governor to the prince,) to require him to take all care of his highness' l'erson, and a motion that the king might be del'ired to Inake no privy. counsellor but such as the two houses might approve of, and many other such extra- vagancies, hich, though they seemed then but the murmur- ings of inconsiderable persons, were artificially vented to try the pulse of the house, and whether they were sufficiently inflamed with the new discove- rIes. S therefore it] therefore that it OF' 'rHE REBELLION. 5 " clauses from the fornler; and that the good of the BOO K " kingdom absolutely depended upon it:" and so, by IV. majority of voices, it ,vas ordered to be read; and 1641. after\vards, without any very considerable t opposition, passed the house, and was transmitted to the lords: the greatest argument being, "that their intermed- " dling ,vith teInporal affairs was inconsistent with, " and destructive to, the exercise of their spiritual "function." 'Vhilst their reformation, both in Scot- land and this kingdonl, was driven on by no men so much as those of their U clergy, who were their instruments. As, \vithout doubt, the archbishop of Canterbury had never so great an influence upon the counsels at court, as Dr. Burgess and l\tlr. Marshall had then upon the houses; neither did all the bishops of Scotland together so much nleddle in temporal affairs, as Mr. Henderson had done. There being at this time the bishoprics of W or- The king. L . I E C .. . d fills up dl- cester, Inco n, xeter, hlchester, and BrIstol, VOl vers vacant b d h I . h k . d . h · bishoprics y eat, or trans atlon; t e lng, urlng t e tIme in England. of his being in Scotland, collated to those sees, Dr. Prideaux, the king's v professor of divinity in Ox- ford; Dr. Vinniff, dean of St. Paul's; Dr. Brown- erigg, nlaster of Catharine..hall in Cambridge; Dr. Henry King, dean of Litchfield; and Dr. 'Vestfield, of Great St. Barthololllew's, London; all of great eminency in the church; frequent preachers; and not a lnan, to wQom the faults of the then govern- ing clergy were inlputed, or against whom the least objection could be nlade. As soon as the house of COlnmons heard of this dc- Tht> com- . t . f h . . , (h . h I h mons of- sIgna Ion 0 IS nlaJesty S, aVlng t en new y t e se- feuded at it. t very considerable] equal u their] the v king's] regius 6 THE HISTORY 1641. cond tin1e sent up to the house of peers their bill to remove bishops from thence,) they were llluch trou- bled, that, at a time when they resolved to take away the old, the king should presume to make new bishops; and to x create so many voices to assist y the other; and therefore they urged Z very earnestly, " that the lords might be moved to join ,vith them, " in sending to the king, to make no new bishops " till the controversy should be ended about the go- " vernment of the church:" \vhich appeared so un- reasonable, that the wisest of them who ,vished it, apprehended no possibility, that the lords would join with them; or, if they did, that the king would be prevailed wi the However, being glad to find their companions had so much mettle, after a long debate, the major part carried it, "that a comn1ittee should " be appointed to dra\v up reasons to give the lords, " to concur with them in that desire to the king :', but, after that, moved that stone no further. In all debates of this nature, where the law, rea- son, and common sense, were directly a opposite to what they proposed, they suffered those who differed from thelll in opinion, and purposes, to say what they thought fit in opposition; and then, without vouch- safing to endeavour their satisfaction, called impor- tunately for the question; well knowing that they had a plurality of voices to concur with then), in ,vhatsoever they desired. I remember, in this last business, when it was voted that a committee should be named to dra\v up reasons, b many of those ,vho had during the debate positively argued against the BOOK IV. x to] Not in ]}IS. Y to assist] to oppose Z urged] moved a directly] in a diameter b reasons,] ftIS. adds: the committee being to be named, OF THE REBELLION. thing, were called upon to be of that committee; and, amongst them, c the lord Falkland, and 1\11'. Hyde, who stood up, and "desired to be excused " from d that service, where they could be of no use; " having given so many reasons against it, that they " could not apprehend any could be given for it; " therefore thought e the work would be better done, " if those, who had satisfied themselves with the rea- " sonableness of what they wished, would undertake " the converting and disposing of other men." There ,vas a gentlelnan who sat by, (Mr. Bond of Dorches- ter; very severe, and resolved, against the church and the court,) who, f \vith much passion and trouble of mind, said to them, " For God's sake be of the corn- " mittee; you know none of our side can give rea- " sons;" \v hich made those that overheard him slnile, though he spoke g it suddenly, and upon ob- servation that the h leaders \vere not then in the house. Otherwise, it cannot be denied, those who conducted theIn, and were the contrivers of the mis- chief, \vere men of great parts, and unspeakable in- dustry; and their silence in some debates proceeded partly from pride, that. it might appear their reputa- tion and interest had an influence upon the sense of the house, against any rhetoric or logic: but princi- pally from the policy they were obliged to use; for though they could have given a pregnant reason for the most extravagant overture they ever made, and evinced it, tllat it ,vas the proper \vay to their end; yet, it not being tilne i to discover their purposes, C them,] these, Ù from] in e thought] they thought f who,] Not in JUS. g spoke] spake h the] their i yet, it not being time] but it being not yet time 7 BOOK IV. ] 641. 8 THE HISTORY 164) . (how apparent soever they were to discerning men,) they were necessarily to give no reasons at all; or such as \vere not k the true ones. This stratagem failing, of stopping the creation of the new bishops, they endeavour by all llleans to hasten the house of peers to despatch the work before them, before they should be qualified (their elections, confirmations, and consecrations, and other cerenlO- nies, spending nluch time) to increase the nUlllber of the opposers; and for the better doing thereot \vith great confidence, they denland of the lords, " that no "recusant lord, or any 1 bishop, 11light have a vote "in the passing that act: the last being parties; " and the other not supposed competent judges on " the behalf of the kingdom." But, when they found that logic could not prevail, (the demand being in- deed so scandalous, that the house of peers, if they bad not been fatally misled, m nlust have resented it as a high presumption, and insolent breach of pri- vilege,) with more fornlality and colour, though as unreasonably, they pressed, " that those thirteen bi... " shops, whom they had before iInpeached, for Inak- " ing the late canons; and upon whom their lord- " ships themselves had passed severe n votes," (such indeed 0 as were fitter for accusers than judges, un- parliamentary and unprecedented,) "might be se- "questered fronl the house, till they should be " brought to judgment." And for this, p they found la\vyers in their house, who, prostituting the dignity and learning of their profession, to the cheap alJd BOOK IV. k not] not in truth 1 any] Not ill j}fS. m misled,] sotteà, n severe] notable o indeed] in truth p And for this ] And for this without any shame, OF THE REBELLION. Q9 vile affectation of popular applause, ,vere not ashamed BO 0 h. to aver custoln and law for their senseless proposi- IV. tion. But the house of peers was not yet deluded 1641. enough, or terrified, (though too 111any an10ngst theln paid an implicit devotion to the house of comlnons,) to cOlnply in this unreasonable demand. And here I cannot but \vith grief and wonder re- The animo- b h . I d .. d sities at that lneln er t e VirU ency an annnosity expresse at time be- that tÍlne q U p on all occasions b y r man y of g ood tween some , , great Iaw- knowledge in the excellent and wise profession ofyers and some the COlnmon law, to\vards the church and churchlnen; churchmen . II . · h . bl · produced takIng a opportunitIes, unc arita y, to Improve great lllis mistakes into crÎ1nes; and, unreasonably, to transfer chiefs. and impute the follies and faults of particular men, S to the Inalignity of their order and function; and so whet t and sharpen the edge of the la"\\r, to wound the church in its jurisdiction; and at last to cut it up by the roots, and demolish its foundation. It cannot be denied, that the peevish U spirits of SOlne clergymen have taken great pains to alienate x that profession froln y theln; and others as unskilfully (finding that in former times, when the religion of the state \vas a vital part of its policy, lnany church- men ,vere en1ployed eminently in the civil govern- ment of the kingdom) imputed their \vanting those ornan1ents their predecessors ,vore, to the po,ver and prevalency of the lawyers; of whom, SOlne principal Inen, z in all tÎ1nes, they could not but observe to q at that time,] Not in MS. r by] fron1 S particular men,] particular 111en (swollen with ambition or corrupted with avarice) t whet] would whet u peevish] peevish and petu- lant x alienate] irreconcile y from] to Z of whom, some principal men,] some principal men whereot: 30 'rHE HIS'rOlty 1641. have been their avo\ved enell1ies: a and so believed tbe straitening and confining the profession of the COll1lnon la,v, b 111USt naturally extend and enlarge the jurisdiction oftbe church. c Thence arose d their bold and un,varrantable opposing and protesting against prohibitions, and other proceedings e at la,v, on the behalf of ecclesiastical courts; and the f pro- curing SOlne orders and privileges from the king, on the behalf of the civil la, v ; g even ,vith an exclusion of the other: as the archbishop of Canterbury pre- vailed with the king to direct, " that half the In asters " of the chancery should be always civil lawyers;" and to declare, "that no others, of ,vhat condition " soever, should serve hin1 as masters of request." h All which i was a great Inistake: for, besides the stopping prohibitions was an envious breach upon the justice of the kingd(nn; which, at SOlne time or other, will still be too hard for the strongest opposers and oppressors of it: I could never yet know, why the doctors of the civil laws ,vere lnore of kin to the bishops, or the church, than the COJTImon lawyers were. To say that their places were in the bishops' k disposal, as chancellors, comn1issaries, and the like; and, therefore, that their persons were more like to be at their disposal too, at least, to pay then1 greater reverence, concludes nothing: for the clergy had 1 opportunity enough m to oblige and create an equal a observe to have been their f the] Not in MS. avowed enemies:] remember as g the civil law ;] that faculty; avowed enemies of the church: h masters of request."] Inas- b the profession of the com - ter of requests. mon law,] their profession i All which] 'Vhich c the jurisdiction of the . k the bishops'] their church.] their own jurisdictions. ) th clergy had] they had all d arose] proceeded m enough] enough, and I e proceedings] proceeding think equal BOOK IV. OF THE REBELLION. dependence from the profession of the common la,v ; n and I an1 persuaded, the stewardships to bishops, and of the lands of the church, which were to be ll1a- naged by the rules of the COl1UTIOn law, were not much inferior in profit to all the chancellorships in England. 0 And then, if, \vhere the policy 111ay con- sist "rith justice, it is no iliineasure in making friend- ships, to look into, and compare, the power of doing hurt, or doing good; it is apparent, that the civil law in this kingdom had not, in the least degree, the ability to help or to hurt the church, in any exi- gency, as the common law had; \vhose professors had always, by their interests, experience, and repu- tation, so great an influence upon the civil state, upon court and country, that they \vere notable friends or enelnies. And the dependence of the church, as to their inheritance and estates, (except their lTIinute tithes,) ,vas entirely upon the law; be- ing only deteru1inable by those rules, by which they have seldom received eminent injustice. 0 And truly, n an equal dependence fronl the profession of the comnlon law;] a dependence from the other profession; o And then, if,-eminent in- justice.] Thus in .LWS. : And for their affection and respect to their patrons, I believe, experi- ence hath now nlanifested, that though many of the common lawyers have ITInch indiscretion, injustice, and malice to repent of towards the church, the pro- fessors of the civil Jaw have not been less active, to their skill and power, in the unnatural de- struction of their lllother; and then, where their policy lllay consist with justice, it will be no ill measure in Inaking friendship, to look into the power of doing hurt and doing good, as well as into the faculty of judging ; and it was apparent, that the civil law in this kingdom could nei- ther help or hurt the church in any exigent, it being neither of reputation enough to advance it, or power to oppress it; whereas the professors of the other had always, by their interests, expe- rience, abilities, and reputation, so great an influence upon the civil state, upon court and coun- try, that they were notable friends or enemies; and then the dependence of the church was entirely upon that hnv, all 31 BOOK IV. 1641. 3 TIlE HISTORY ] G41. I have never yet spoken ,vith one clergYlnan, ,vho hath had the experience of both litigations, that hath not ingenuously confessed, "he had rather, in the " respect of his trou hIe, charge, and satisfaction to " his understanding, have three suits depending in " "r estminster-hall, than one in the arches, or any " ecclesiastical court." The particulars above Inentioned were, I confess, to vulgar minds, great provocations and temptations to revenge; and, therefore, I do not at all wonder, that, in the great herd of the common lawyers, n1any pragmatical spirits, whose thoughts and observations have been contracted to the narro\v limits of the fe,v books of that profession, or within the narrower cir- cle of the bar-oratory, should go along with the strealn, P in the wOll1anish art of inveighing against persons, when they should be reforlning things: and that SOIne, by degrees, having found the benefit of being of that opinion, (for we all reu1ember, \vhen papist and puritan lawyers got 1110re Inoney than their neighbours, for the private opinions they were of; not what they delivered in public,) q gre,v, at last, to have fits of conscience in earnest; and to believe, that a parity in the church was necessary to religion, and not like to produce a parity in the state; of 'v hich doctrine, if they had been then suspected, they would quickly have been ashamed of such divinity. r BOOK IV. their inheritance and estates (ex- cept their minute tithes) being only determinable by those rules; and by which they have seldOl11 received eminent injustice. }J go along with the stream,] side with the others, f) for the private opinions they were of; not what they delivered in public,)] for the o- pinions they had; not which they delivered, r. of which doctrine, if they had been then suspected, they would quickly have been a- shamed of such didnity.] the OF THE REBELLION. But, that learned and unbiassed (1 mean unpro- voked) TIlen, in that science of our law, S who kne\v the frame and constitution of the kingdom, and that the bishops were no less the representative body of the clergy, than the house of COlnmong was of thp people; and, consequently, that the depriving then1 of voice in parliaUlent, was a violence, and l"enloving landlnarks, and not a shaking (,vhich Inight settle again) but dissolving foundations; which must leave the building unsafe for habitation: that such Inen, t who knew the ecclesiastical and civil state ,vas so wrought and interwoven together, and, in truth, so incorporated in each other, that the one could not long continue in prosperity without the other; u and that the professors of the law were never at so great a height, as even in this time that they so unjustly envied the greatness of the church: and, lastly, that they, x who might ,veIl know, that the great and un- wieldy body of the clergy, consisting of such differ- ent telnpers, hUlnours, inclinations, and abilities, and which inevitably will have so strong an influence upon the nature Y and affections of the people, could never be regulated and governed by any magistrates, but of themselves; nor by any rules, but of such power as z the bishops exercised; w honl (besides all arguments of piety, and sublnission to antiquity) the a experience of the blessed tilDes b since the refornla- suspicion of which would have quickly wrought upon their di- vinit} . S of our law,] Not in 111B. t that such men,] Not in 1118. 11 that the one could not long continue in prosperity without the other;] that like Hippo- crates' twins, they cannot but VOL. II. laugh and cry together; x that they,] Not in 1118. y nature] natures z of such power as] such of power which a the] Not in MS. b the bIeR sed times] th t blessed tilne lJ 33 BOOk IV. 164 I. nOOK IV. 1641. 34 THE HISTORY tion, not to be paralleled in any nation under heaven, declared to be the most happy n1anagers of that power, whatsoever rankness and excrescence might have proceeded C froID some branches: I say, that these knowing and discerning men (for such I must confess there have been) should believe it possible for them to flourish, or d that the law itself would have the san1e respect and veneration froln the peo- ple, when the well disposed fablic of the chùrch should be rent asunder, (which, without their activity and skill in confusion, could never have been COlTI- passed,) hath been to me an instance of the Divine anger against the pride of both, in suffeling theln to be the fatal engines of breaking e one another: whereas neither could have been f oppressed by any other strength or po,ver but g their own. And I cannot but say, to the professors of that great and adlnirable Inystery, the common h la,v, (upon which no man looks with more affection, re- verence, and submission,) \vho seem no\v, by the fury and iniquity of the time, to stand upon the ground they have won, and to be masters of the field; and, it n1ay be, wear some of the trophies and spoils they have ravished from the oppressed; that they have yet but sharpened weapons for others to \vound them;i and that their o\vn argun1ents and k eloquence lllay I be, one time or other, m applied to their own destruc- tion. And, therefore, if they have either piety to re- C whatsoever rankness and excrescence might have pro- ceeded] what rankness and ex- crescence had proceeded d or] and e of breaking] to break f whereas neither could have been] which could very hardly have been g but] than h common] Not in MS. i then1 j] themselves; k arguments and] Not in JUS. I may] shall m one time or other,] Not in j'JtlS. OF THE REBELLION. pent aud redeem the ill that they have ,vrought, or policy to preserve their o,vn condition from con- ten1pt, and theu1selves from being slaves to the Inost abject of the people, they ,viII at length n \vind up the church and the la,v into one and the same inter- est; 0 and, by a firln P and steady pursuit, endeavour to fix both on the saIne foundation, q frOlTI "Thence they have been so violently disturhed. r By this tÍlne the king ,vas as weary of Scotland, as he had been in1patient to go thither; finding all things proposed to him, as to a vanquished person, without consideration of his honour, or his S interest; and having not one counsellor about him, but the duke of Lenox, (who froln the beginning carried hÍ1nself by the most exact rules of honour, gratitude, and fidelity to hhn,) and very few followers, \vho had either affection to þis person, or respect to this honour. That which should have been an act of oblivion, was Inade a defence and justification of whatsoever they had done: their first tumults, and erecting their tables in opposition to, U and at last suppressing, both courts of justice and session; and the acts and orders of those tables, declared to be "the effects of their " duty to his Inajesty; and according to the law of the " land:" and so all those, who according to their al- legiance had opposed and resisted them on the be- half of his n1ajesty, and were x qualified by his ma- n at length] Not in ltIS. o into one and the same in- terest;] into one bottom; p firm] firm combination (Ion the sanIe foundation,] to the pinnacle, r disturb d,] ravished. - The continuation qf this part qf JJIS. C. willlJefound in the Appendix, D. S his] Not in IUS. t to] of n to,] Not in MS. x were] Not in MS. D2 35 BOOK IV. I 641. 36 THE HISTORY nOOK jesty's cOlnn1issions, were Y adjudged crin1inal; and IV. the only persons excepted from pardon, and ex- 1641. empted from the benefit of that oblivion. The seditious acts of that Z asselnbly, ,vhich had expelled all bishops, and the canonical clergy, frolll being members of that assembly; and affirmed a themselves to have a po\ver "to inflict the censures " of the church upon his majesty hilnself;" were de- clared "to be lawful, and according to the constitu- " tion of the kingdoln; and the government of the " church by archbishops and bishops, declared to be " against the word of God; and they condemned as " enemies b to the propagation of the true reformed "protestant religion; and therefore to be utterly " abolished; and their lands given to the king, his " heirs, and successors." In consideration of the king's necessary absence from that his native kingdoln, it was thought fit, "that " the full and absolute governlnent thereof should be " committed to the lords of the secret council; who " were likewise made conservators of the peace of " the two kingdoll1s, during the intervals of parlia- " ments;" and those lords and conservators "were " then, and still, to be named by parliament, which " "ras once in three years to assemble upon a day " certain, without any summons from the king, if he " neglected to publish such summons; and, upon the " same reason, all great officers, as chancellÇ>r, trea- " surer, secretary, and the rest, nOlninated by parlia- " ment; and in the interval by the lords of the se- Y were] Not in MS. z that] the a affirnled] declared b they condemned as enemies] an enemy OF THE REBELLION. 87 "cret council;" without so much as being COll- BOOK cerned to have C his majesty's approbation. IV. All which acts, and whatsoever else they were 1641. pleased to pre.sent to him, concerning church or state, the king confirmed; and thereby lnade the lord Lowden, who had been the principal lllanager of the rebellion, chancellor of Scotland; and created hiullike\vise an earl; and conferred the other great offices, as he was directed: then he made the earl of Argyle (for he was still trusted with conferring of honours) marquis; their great general, Lesley, earl of Leven; and their lieutenant-general, earl of Calendar; and conferred other honours on persons d, according to the capacity and ability they had e in doing him mischief: and, lastly, (leaving all his own party barely f to live, for he had procured a pardon for them from the parliament, upon condi- tion "they came not near the king's presence; norg "received any benefit from hiIn, without their ap- " probation,") his majesty h gave all the lands of the church, which had been devolved to hÜn by its i ruin, and whatsoever he had else to. give, in that kingdom, to those who had discovered it not to be in good hands hefore: so that he seemed to have made that progress into Scotland, on]y that he might make a perfect deed of gift of that kingdolTI; which he could never have done, so absolutely, without going thither. And so, having nothing more to do there, he begun h his journey towards England about the middle of November. C concerned to have] con- cerned in d on persons] Not in MS. e they had] they had had f barely] Not in MS. g nor] or h his Inajesty] he i its] their k begun] began n3 38 THE I-IISTORY . I t is not to be doubted, in consideration of those extravagant concessions, they made as extravagant promises to the king; that, by their loyal and duti- ful COll1portment, his majesty should find no dÍIninu- tion of his power; that hè should have the entire obedience of that nation, to preserve his full rights and regalities in England; and to reduce Ireland: the earl of Leven telling hinl, (as nlarquis Han1ilton assured me, in his hearing,) "that he would not " only never more serve against him, but that \vhen- "ever his majesty would require his service, he "should have it, without ever asking \vhat the " cause \vas:" and many of them whispering in his ear, and assuring him, " that as soon as the troubles " of the late storm could be perfectly calmed, they " would reverse and repeal whatsoever was no,v un- " reasonably extorted from hÏln." And his majesty having never received any considerable 1 profit from Scotland, m cared the less for what he parted with there: and, it may be, being resolved they should be no more charge to him in his court here n, (for surely he had then very hard thoughts of a great part of the nation,) 0 he believed he should sa ve In ore in this kingdom, than he had given in that; al d he made no doubt, P but that they were so full fed now, that they would not stir from home again, till the temper and affection of his people here should be better disposed for their reception. But his majesty never considered, or not soon nOOK IV. ] 64 I . I considerable] Not in ft18. m Scotland,] iUS. adds: or other benefit than the reputa- tion of a kingdom in his title, n here] Not in MS. o (for surely he had then very hard thoughts of a great part of the nation,)] (for sure he was then perfectly irrecon- ciled to the whole nation,) P doubt,] scruple, OF THE REBELLION. enough, that they could not reasonably hope to keep \vhat they had so ill got, but by the same arts by which they were such gainers; and there cannot be a surer evidence of the continuance of an enemy, than q the having received injuries from him, of a nature that do not use to be forgiven. Neither did he sufficiently weigh the unspeakable encourage- ment, and, in some particulars, the reasonable pre- tence the factious party here would have, from the prosperous wickedness of those there. And, it is certain, their number from thenceforth r increased wonderfully; the enelnies of the church presuming their work was more than half done, when the king hin1self had declared, (for his consent to that act they would easily make appear to be such,) "that " the government by archbishops, and bishops, was " against the word of God, and the propagation of "religion." Many concluding the king would at last yield to any thing, put themselves in company of the boldest and most positive askers; and some, who in their hearts abhorred what the Scots had done, yet disdaining to be overwitted by them; and that they should get more for themselves, and receive a greater argument of the king's trust, than we of this nation; out of pure malice to them, re- solved to .do the same things with them; and so joined and concurred in any exorbitancies. All which thé king too late discovered, by the enter- tainment he received upon his return. About the time the news came S of the king's be- q than] as r thenceforth] thence s. About the time the news came&c.] The ensuing account of the remonstrance is taken from MS. B.: a more summary ac- count from MS. C. will befound in the Appendix, E. D4 39 BOOK IV. 164] . 40 THE HISTORY BO 0 K ginning t his journey from Scotland upon a day ap.. IV. pointed; and that he had settled all things in that 1641. kingdom to the general satisfaction; the committee 'rile com- mittee for for preparing the remonstrance offered their report t.he remon- h h h . h d h ..1. h h æ d strance to t e ouse; w IC cause t e w'aug t t ey ouere make t leir to be read. It contained a ver y bitter re p resent a- report m the house tion of all the ille g al thin g s which had been done, of com.. mons. from the first hour of the king's coming to the cro\vn, to that minute; with all the U sharp reflec- tions which could be made, upon the king hinlselt the queen, and council; and published all the un- reasonable jealousies of the present government, of the introducing popery; and all other particulars, that x nlight disturb the minds of the people; \vhich were enough disconlposed. The house seemed generally to dislike it; many aying, "that it was very unnecessary, and unsea- " sonable: unnecessary, all those grievances being " already fully redressed; and the liberty and pro- " perty of the subject being as well secured for the " future, as could Y possibly be done: and unseason- " able, Z after the king had gratified them, with "granting every thing which they had desired of " him; and after so long absence, in the settling " the disorders in another kingdom, which he had "happily composed; to be now \velcomed hOllle " \vith such a volume of reproaches, for what others "had done amiss, and which he hhnself had re- " formed." Not\vithstanding all which, all the other party appeared passionately concerned that it might not be rejected; and enlarged themselves with as t beginning] being to begin u t.he] those x that] which Y could] can 7 and unseasonable,] and then that it was very unseasonable OF THE REBELLION. high expressions against the government, as at first; with many insinuations, "that we were in danger " of being depl'ived of all the good acts which we " had gained, if great care and vigilance were a not "used, to disappoint some counsels which were " still entertained;" making SOlne b doubtful glances and reflections upon the rebellion in Ireland, (with which they perceived many good men were easily amused,) and in the end prevailed, "that a day "should be appointed, when the house should be "resolved into a cOlllmittee of the whole house, C " and the remonstrance to be then retaken into con- " sideration:" and in the mean tÍ1ne they employed all their credit and interest with particular men, to persuade them, "that the passing that remonstrance "was nlost necessary, for the preservation and "maintenance of all those good laws which they " had already made ;" giving several reasons to se- veral persons, according to their natures and in- clinations; assuring many, "that they intended it " only for the mortification of the court, and mani- "festation that that malignant party, which ap- " peared to be growing up in the house, could not " prevail;" and then "that it should renlain still in " the clerk's hands, and never be published." And by these, and the like arts, they pronlised thelnselves, that they should easily carry it: so that the day it was to be resun1ed, they entertained the house all the morning with other debates, and to- wards noon called for the remonstrance; and it be- ing urged by some, "that it was too late to enter " upon it, with lTInch difficulty they consented, that a were] WdS h 5ome] Nul ;n 18. (' a committee of the whole hou e,J a grand committ e, 41 BOOK IV. ) 641. 42 THE HISTORY BOOK "it should be entered upon the next morning at IV. " nine of the clock; and every clause should be de- 16.11. "bated, the speaker in the chair;" for they would not have the house resolved into a committee, which they believed would spend too much time. Oliver Cronl\vell (\vho, at that tÍ1ne, ,vas little taken notice of) asked the lord Falkland, " Why he would have " it put off, for that day would quickly have deter- "mined it?" He ans\vered, "There would not "have been time enough, for sure it would take " some debate." The other replied, "A very sorry " one:" they supposing, by the computation they had made, that very fe\v would oppose it. But he quickly found he was mistaken: for the next nlorning, the debate being entered upon about nine of the clock, d it continued all that day; and candles being called for ,vhen it grew dark, (neither side being very desirous to adjourn it till the next day; though it was evident, very many withdrew themselves out of pure faintness and disability to attend the conclusion,) the debate continued, till it was after e t\velve of the clock, with much passion; and the house being then di,-ided, upon the passing It was or not passing it, it was carried for the affirlnative, carried by b . · d d · nine voices. y nIne vOIces, an no more: an as soon as It was declared, 1\11'. Halnbden lTIoved, "that there nlight "be an order entered for the present printing it;" ,vhich produced a sharper debate than the former. It appeared then, that they did not intend to send it up to the house of peers for their concurrence; but that it was upon the matter an appeal to the people; and to infuse jealousies into their nlinds. It d nine of the clock,] nine of e till it was after] till after it the clock in the luorning, was . OF 'rHE REBELLION. had seldom f been the custOlTI to publish any de- bates, or determinations of the house, which were g not regularly first transmitted to the house of peers; nor \vas it thought, in truth, tbat the house had authority to give \varrant for the printing of any thing; all which was offered by Mr. Hyde, with some warnlth, as soon as the motion was made fOl- the printing it: and he said, "he believed h the "printing it in that Inanner was not lawful; and "he feared it would produce mischievous effects; " and therefore desired the leave of the house, that " if the question should be put, and be i carried in "the affirmative, that he might have liberty to " enter his protestation;" which he no sooner said, than Jeffery Palmer (a man of great reputation, and luuch esteemed in the house) stood up, and made the saIne luotion for hin1self, "that he Inight like- " wise protest." l\lany k after\vards, without dis- tinction, and in some disorder, cried out together 1, "They did protest:" so that there was after scarce any quiet and regular debate. But the house by degrees being quieted, they all consented, about two of the clock in the Inorning, to adjourn till two of the clock the next afternoon. And as they went out of the house, the lord Falkland asked Oliver Cromwell, " whether there had been a debate?" to which he ans\vered, "he would III take his word an- " other time;" and whispered hitn in the ear, with some asseveration, "that if the remonstrance had " been rejected, he \voldd have sold all he had the f seldom] never g were] was h believed] did believe i be] Not in MS. k Many] When inlmediately together many I together] Not. in MS. m "he would] that he would 48 BOOK IV. 1641. BOOK IV. I 641. 44 'l'HE HIsrrORY "next mOl ing, and never have seen England " more; and he knew there were many other ho- "nest men of the saIne resolution." So near was the poor kingdom at that time to its deliverance. However n they got this victory, they did not in a long time recover the spirits they lost, and the agony they had sustained, whilst it was in suspense; and they discerned well enough, that the house had not, at that time, half its members present 0; though they had provided, that not a man of their party was absent; and that they had even P carried it by the hour of the night, ,vhich drove away a greater number of old and infirm opposers, than would have 11lade those of the negative superior in nUlnber: so that they had little hope, in a fuller house, to pre- vail in any of their unjust designs, except they found some other expedient, by hopes or fears, to work upon the affections of the several members. In order to which, they spent most part of the next day in their private consultations, how to chas- tise some of those who offended q them the day be- fore; and resolved in the first place, not to suffer that precedent to be introduced into the house, " that nlen should protest against the sense of the " house:" ,vhich, it is true, had not been used in the house of commons. This r subject was the more grateful to them, because they should heartilyS take revenge upon 1\lr. Hyde, whom they perfectly hated;t and to whose activity they imputed the trouble they had sustained the day before; and he was the first n However] And however o present] Not in JJ.lS. p even] even then q who offended] who mo t offended r This] And this S heartily] hereby t hated;] hated above any n1an ; OF THE REBELLION. \vho n1ade the protestation, that is, asked leave to do it; which produced the other subsequent cla- mour, that was indeed in SOine disorder. But here they differed amongst themselves; all the leading violent Inen, who bore the greatest sway, were most glad of the occasion, as it gave them opportunity to be rid of 1\11". Hyde, which they passionately desired: but sir John Hotham, Cholmondley, and Stapleton (who never severed, and had a numerous train at- tending u their Inotions) relnembered the service Mr. Hyde had done against the court of York, (the overthro,ving whereof \vas their peculiar glory,) and would not consent that they should question him; but \vere ready to concur with theln in the prosecu- tion of any other of the protesters; whereof there was nUlllber enough. This made so great a x differ- ence an10ngst theIn, that for the present they agreed no further, than "that they would that afternoon " only provide, that the next ll10rning they would "fan upon that y Inatter;" and then z they might consult together at night, what person they would sacrifice. About a three of the clock, when the house met, 1\lr. Pym "lamented the disorder of tbe night be- " fore, which, he said, might probably have engaged "the house in blood, and had b proceeded princi- " pally from C the offering a protestation, \vhich had " been never before offered in that house, and was "a transgression that ought to be severely exa- " mined, that mischief might not result hereafter d u attending] which attended x a] Not in lYIS. y that] the z then] that then :t About] And so about. b had] Not in iUS. c fronl] by d n1ischief might not result hereafter] 111ischief hereafter Inight not result 45 BOOK IV. 1641. 46 THE HISTORY I 64] . " froin that precedent: ,and therefore proposed, that "the house would the next Inorning enter upon "that exalnination; and in the IDean time, lllen " nligh t recollect thelDsel ves, and they, \v ho used to "take notes, might peruse their lnenlorials; that " the persons who were the chief causes e of the dis- " order might be nalned, and defend themselves the "best they could:" and with this resolution the house ar se ; f the vexation of the night before being very visible in the looks and countenance of IDany. Neither g that night's deliberation, nor all the arti- fice or importunity that could be used, could re- move}} the obstinate northern In en from their resolu- tion: they i declared positively, "that, if they pro- "secuted Mr. Hyde, they, a.nd all their friends" " \vould engage in his defence :" which made the others resolve, not to incur k the danger or inconve- nience of such a schism; and so they unanilDously agreed upon another 1 person, whom they would ac- cuse. The next nlorning they first enlarged upon the offence itself; "of the mischief it had like to have , produced, and would m unavoidably prodp.cc, if the " custom or liberty of it were ever admitted; n that " it was the first time it had ever been offered in " that house; and that care ought to he taken, that " it should be the last; by the severe j udgll1ent of " the house, upon those persons "rho had begun the . " " presumptIon. BOOK IV. c causes] causers f arose;] rose; g Neither] And h could remove] could not remove i they] and they k which Inade the others re- solve, not to incur] but the others would not incur 1 another] a third m and would] and of the mischief it would n were ever admitted;] was ever introduced; OF THE REBELLIO . Mr. Hyde, who had then known nothing of the private consultation, and had many reasons to be- lieve hin1self to be designed, stood up (not\vithstand- ing some signs made to hin1 at a distance by his northern friends, which he understood not) and said, " It concerned him to justify what he had done, be- "ing the first man 'v ho mentioned the protesta- " tion:" upon which there ,vas a general noise and clal110ur " to withdraw;" and as great" to speak :" he proceeded, 0 and said, " He was not old enough " to know the ancient custOI11S of that house; but, " that he well knew, it was a very ancient custom " in the house of peers; and leave was never denied " there p to any lnan, \" ho asked that he Inight pro- " test, and enter his dissent, against any judgn1cnt " of the house, to which he would not he under- " stood to have given his consent: that be did not " understand any reason, why a comlnoner should " not have the same liberty, if he desired not to be "involved in any vote, \vhich he thought might " possibly be inconvenient to hitl1. That he had "not offered his protestation against the relllon- " strance, though be had opposed it q all he could, " because it remained still within those walls; that "he had only desired leave to protest against the " printing it; which, he thought, was not in ll1any " respects lawful for them to do; and might prove " very pernicious to the public peace." They were very much offended with all he said, and his assurance r in speaking; and 1\11". Strode could not contain himself froI11 saying, "that that o he proceeded,] upon which he proceeded, P there] Not in MS. q it] Not in 1118. r assurance] confidence 47 BOOK IV. I 641. BOOK IV. I 64 J . 48 THE HISTORY "gentlenlan had confessed that he had first pro- " posed the protestation; and, therefore, desired he "lnight withdraw;" which many others like,vise called for: till sir John HothalTI appeared with some warmth against it; and young Hothan1, his son, accused Jeffery Palmer" of giving the cause of " disorder, by saying, I do protest, without asking " the leave of the house, and encouraging others S to " cry out every man, I do protest :" whereupon they all fell into great t noise and confusion; and so, without Inuch more discourse, Mr. Palmer was called upon" to explain;" which as he was about to do, 1\11'.. Hyde (,vho loved him much, and had rather have suffered himself, than that he should) spoke u to the orders of the house; and said, " that "it ,vas against the orders and practice of the " house, that any man should be called upon to ex- " plain, for any thing he said in the house two days " before; when it could not be presumed, tbat his " own n1elTIOry could recollect all the words he had " used; or that any body else could charge hiIn " with them; and appealed to the house, ,vhether " there ,vas any precedent of the like." And there is no doubt, there never had been; and it was very irregular. But they were too positively resolved to be x diverted; till, Y after two hours debate, he him- self desired, Z " that, to save the house further trou- " ble, he might answer, and withdraw;" ,vhich he did. 'Vhen it drew towards night, after lTIany hours debate, it was ordered, "that he should he s others] men t great] that u spoke] spake x to be] not to be Y till,] and, Z he himself desired,] him- self desiring, OF THE REBELLION. 49 " c0l11111itted to the Tower;" the angry men press- BOO K ing, ,vith all their po,ver, " that he might be expel- IV. " led the house ;" having borne him a long grudge, for ] 641. the civility he shewed in the prosecution of the earl of Strafford; that is, that he had not used the san1e reproachful language which the others had done: but they were at last glad to compound for his bare cOlnmitment to the Tower: from whence he ,vas within few days enlarged, and returned again to the house. In a the close of that day, and the rising of the The remon- h · h . . h b . d strance Of- ouse, ,vIthout fiUC OpposItIon, t ey 0 talue an dered to ue order for the printing their remonstrance. printed. That ren10nstrance, after lllany clauses and unbe- The sub- .. . stance of it. cOinIng expreSSIons were cast out, contaIned, " that .. " there had been, from the beginning of his 111ajesty's " reign, a malignant and pernicious design, of sub- "verting the fundamental laws and principles of " government, upon ,vhich the religion and justice " of the kingdom was established: that the actors " and promoters thereof were the jesuited papists; "the bishops and corrupt part of the clergy; and "such counsellors and courtiers, as had engaged " themselves to further the interests of son1e foreign " l)rinces, or states, to the prejudice of the king and " state at home; all which had endeavoured to raise " differences and discontents betwixt the king and "his people, upon questions of prerogative and li- " berty; to suppress the purity of religion, and such " men as were best affected to it, as the greatest in1- "pediment to that change which they thought to " introduce; to cherish and maintain those opinions " in religion, which brought ours nearest and 1110St YOL. II. n In] And in E BOOK IV. ] 641. 50 'l"HE HISTORY "agreeable to the papists; and to continue, mul- " tipIy, and enlarge the differences bet,veen the pro- "testants thenlselves, distinguishing between pro- "testants and puritans, by introducing and coun- "tenancing such opinions and ceremonies, as were " fittest for accommodation with popery; that so, of " papists, Arlninians, and libertines, they might co - "pose a body fit to act such counsels and resoIu- " tions, as were n10st conducible to their own ends: " and, lastly, to render the king disaffected b to par- " liaments, by slanders and false imputations, and so " putting him upon other ways of supply, as of more "advantage than the ordinary course of subsidies, " which brought infinite loss to the C king and peo- " pIe, and caused the distractions that ensued. d" They remembered " the breach of the parliament '" at Oxford, in the first year of his majesty's reign; c, and reproached him e with the fruitless voyage to " Cadiz, at his first coming to the cro\vn ; the loss of " Rochelle, by first suppressing their fleet with his " own royal ships, by which the protestant religion "in France infinitely suffered; the making a war " with France precipitately, and a peace with Spain, " without their consent, and so deserting the cause " of the palatinate; and with a design to bring in " German horse, to force the kingdolll, by violence, f " to sublnit to such arbitrary contributions, as should " be req Hired of them." They renlel11bered hin1 "of charging the king- "dom by billeting of soldiers, and by raising ofg b to render the king disaffect- ed] to disaffect the king C the] Not in }rISe d that ensued.] which ensued. e him] his Inajesty f violence,] rigour, g of] Not in MS. OF THE REBELLION. " coat and conduct lTIoney for those soldiers, in the " second and third years of his reign; of his dissolv- " ing the parliament in his second year, after their "declaration of an intent to grant five subsidies; " and the exacting those five subsidies afterwards hy " a con11nission of loan; upon the refusal whereof, " divers gentlelnen h were imprisoned, ,vhereof SOlne " died, by the diseases they contracted in that im- " prisonn1ent; of great sums raised by privy-seals; " and of an attempt to set the excise on foot." They relnelubered " the dissolution of the l)arlia- " ment in the fourth year of his reign, and the untrue "and scandalous declarations thereupon; the inl- " prisoning divers members of that parliall1ent after " the dissolution, and detaining then1 close prisoners " for ,vords spoken in parlialnent; sentencing and " fining theln for those \vords; one of which died in "prison, for 'v ant of ordinary refreshlnent, whose " blood (they said) still cried for vengeance.' They reproached his n1ajesty " ,vith injustice, op- " pression, and violence, which, after the breaking i " of that parlialnent, broke in upon them, ,vithout " any restraint or moderation; with the great sums " of Inoney he had exacted throughout the kingdom " for default of knighthood, in the fourth year of his " reign; ,vith the receiving tonnage and poundage "fronl the death of king J an1es; and raising the "book of rates, and laying new in1positions upon " trade; with the enlargen1ent of forests, and C0111- "positions thereupon; the engrossing gunpo\vder, " and suffering none to buy it ,vithout licence; ,vith " all the most odious lllonopolies of soap, wine, salt, h gentlemen] gentlenlen and others E2 i breaking] breach 51 BOOK IV. ] 641. 52 THE HISTORY 1 G4 I . " leather, sea-coal, and the rest," (which had been granted froln his n1ajesty's first coming to the cro\vn, and some of them before,) "\vith the new tax of "ship-Inoney, and the ill-guarding the seas, and " leaving the merchants k na ked to the violence of " the Turkish pirates, not,vithsta ding that extraor- "dinary and extravagant supply; with the vexa- " tions upon pretence of nuisances in building, and " thereupon raising great sums of money for licences " to build; and of depopulation, that men might pay "fines to continue the same misdemeanour; \vith " the seizing the merchants' nloney in the mint; and " an abominable project of making brass money." They repeated "the extravagant censures of the " star-chalnber, whereby the subject had been op- " pressed by fines, imprisonn1ents, stigmatizings, mu- " tilations, \vhippings, piHolies, gags, confinements, " banishments; the severe and illegal proceedings of " the council-table, and other new-erected judica- " tories; and the suspensions, excomnlunications, "and deprivations of learned and pious ministers, " by the high comlnission court; which grew to that " excess of sharpness and severity, that they said it " was not much less than the Romish inquisition." They reproached the king " with the liturgy and " canons sent into Scotland, as an attempt upon the " protestant religion; with the forcing that nation to "raise an army in their own defence, and raising " an army against thenl; with the pacification, and " breach of that pacification; that he caned a par- "liament after, in hope to corrupt it, and Blake it " countenance the war ,vith Scotland; which ,vhen BOOK IV. k Inerchants] merchant OF THE RE BELLION. " he found it would not do, he dissolved it, and then " comlllitted menlLers to prison; and compelled men " to lend money against their ,vilis; and itnprisoned " such as refused." They mentioned "the synod held by the bishops "after the end of the parlialnent, and the canons " and oath nlade by them; the raising the armies, " here and in Ireland, against the Scots; and the Ii- " beral collection and contribution from the clergy, " and the catholics, towards that ,var; all the favours " that had been done to the papists; the reception " and entertainment of seignior Con, and the comte " Rozetti, by the queen, froln ROlne; and SOllle mi. " nisters sent by her majesty thither." In a word, they left not any error or misfortune in government, or any passionate exercise of power, unlnentioned or 1 un11ressed; with the sharpest and 1110St pathetical expressions to affect the people, that the general observation of the wisest, or the particu- lar anilnosity of the most disobliged, or ill-affected persons, III could suggest, to the disadvantage of the king, from the death of his father, to the unhappy beginning of the present parliament. Then they lllagnified their o,vn services: "that " having found the kingdoln groaning under these " difficulties, which seemed to be insuperable, they "had, by the Divine Providence, overcome then1 " all; that they had n abolished ship-Inoney, and all " Inonopolies; and had taken away that which ,vas " the root of all those evils, the arbitrary power o of lor] and evils, the arbitrary power] and m persons,] person, (which was the root of all those n had] Not in iUS. evils) had taken away that arbi- o and had taken away that trary po\ver which was the root of all those E3 53 BOOK IV. I 641. BOOK IV. 1 641. 54 'rHE HISTORY "taxing the subject, pretended p to be in the king: "that the living grievances, the evil counsellors, " were so quelled, by the justice done on q the earl " of Strafford; the flight of the lord Finch, and se- " cretary 'Vindebank; the accusation and inlprison- " 111ent of the archbishop of Canterbury, and other " delinquents; that it was not like to be only an " ease to the present tin1es, but a preservation to the " future." Theyr reckoned ups" all the good la,vs, and the " benefit the people received by those laws; spoke t to' of many good designs they had for the benefit u of " the kingdonl :" but then conlplained "of opposi- " tions, and obstructions, and difficulties, ,vith ,vhich " they were encountered, and which still lay in their ",vay, ,vith some strength, and much oùstinacy; " that there was a Inalignant party took heart again, " that preferred son1e of their own agellts and factors " to degrees of honour, and to places of trust and "ell1ploynlent. That they had endeavoured to work " in his majesty ill impressions and opinions of their " proceedings; as if they had done altogether their " own ,york, and not his; and had obtained lllany " things from hinl prejudicial to the cro\\'n, in re- "spect of prerogative and profit. To ,vipe out ., ,vhich slander, they declared, x all they had done ",vas for his lnajesty, his greatness, honour, and " support: that, when they gave five and twenty "thousand pounds Y a ITlonth, for the relief of the P pretended] which was pre- tended q done on] done upon T They] Not in MS. 8 up] Not in ]1;18. t spoke] spake u benefit] good x declared,] said, y pounds] pound OF THE REBELLION. " northern counties, in the support of the Scottish Z " arnlY, it was given to the king, for that he \vas " bound to protect bis subjects; and that, \vhen they "undertook the charge of the army, ,vhich cost " above fifty thousand pounds a lTIonth, a it \vas given " to the king, for that it was his majesty's arnlY, and "the COl11manders and soldiers under contract with " hÏ1n; and that, when they undertook to pay " their brethren of Scotland three hundred thousand " pounds, it ,vas to repair the dalllages and losses "they had sustained by his Inajesty and his mi- " nisters; and that those b particulars anlounted to " above eleven hundred thousand pounds." Then they negligently and perfunctorily passed over his nlajesty's graces and favours, "as being " little lllore than in justice he ,vas obliged to grant, " and of no considerable c loss and dalllage to hiIn- " self; and promised the good people shortly ease " in the matter of protections, (by which the debts "from parlianlent-lnen, and their follo\\rers, and de- " pendents, were not recoverable,) and speedily to " pass a bill to that purpose." Then they inveighed against the malignant party, that had sought "to cause jealousies between them " and their brethren of Scotland; and that had such " a party of bishops and popish lords in the house of " peers, as hindered the proceedings of divers good " bills, passed in the commons' house, concerning " sundry great abuses and COITuptions both in church " and state," (when, at that tinle, the house of peers Z Scottish] Scotch a a 111011th,] the lllonth, b that those] that these c no considerable] in consider.. able E4 55 BOOK IV. 1641. 56 THE HISTORY 1641. had only refused to concur ,vith thenl in two bills, that of the protestation; and, the taking away the votes of bishops out of the house of peers,) " that had " attelnpted to disaffect and discontent his Inajesty's "late army, and to bring it up against the parlia- " ment, and city of London; that had raised the re- " bellion in Ireland; and, if not by their wisdom pre- " vented, had brought the like misery and confusion " in this kingdoln." Then they declared, "that thèy meant to have a " general synod of the 1110st grave, pious, learned, " and judicious divines of this island;" ('v hen at that tÏ1ne there ,vas scarce one d orthodox divine of Eng- land in reputation \vith them;) ",vho, e assisted by " sOll1e f from foreign parts, professing the same reli- " gion, should g consider of all things necessary for "the peace and good government of the church; " and present the result of their consultations to the "parliament, to be there allo,ved and confirll1ed: " that they would provide a cOlnpetent ll1aintenance " for conscientious and preaching ministers through- " out the kingdom: that they intended to reform and " purge the fountains of learning, the two univer- " sities; that the streams flo,ving from thence might " be clear and pure, and an honour and comfort to " the ,vhole land: that his lnajesty should be peti- " tioned by both houses, to employ such counsellors, " alnbassadors, and other ministers, in managing his "business at home and abroad, as the parliament "have b cause to confide in; without ,vhich, they BOOK IV. d scarce one] not one e who,] Not in lYIS. f by some] with some g should] who should )} have] might have OF THE REBELLION. 57 "could not give his majesty such supplies for his BOOK "own support, or such assistance for the protestant IV. " party beyond the seas, as ,vas desired." lVithal they declared, " that the commons might "have cause, often, justly to take exceptions at "some men for being counsellors, and yet not "charge those men with crimes; for that there are " grounds of diffidence, which lie not in proof; and " others, which though they may be proved, yet are " not legally crilninal; as to be a known favourer of " papists; or to have been very forward in defending " or countenancing some great offenders, question- " ed in parliament; or to speak contelnptuously of " either house of parliament, or parlian1entary pro- " ceedings; or such as are suspected to get counsel- " lors' places, or any other of trust concerning pub- " lie employment, for money: that all good courses " may be taken, to unite the two kingdoms of Eng- " land and Scotland; to be mutually aiding and as- " sisting one another, for the COmlTIOn good of the " island, and the honour of both:" with some other particulars of this nature. i I know not how those men have ah'"eady ans,vered The ways · h . . h h . 11 by which It to t ell' own conscIences; or ow t ey WI an- the party swer it to Hill1 ,vho can discern their consciences · grew in the , house of who, having assumed their counu y's trust, and, it commons. lllay be, ,vith great earnestness laboured to procure that trust, by their supine laziness, negligence, and absence, were the first inlets to those k inundations; and so contributed to those licences which have over- 1 G41. i with some other particulars follow in the MS. will bejound of this nature.] The continuation in the Appendix, F. of lord Clarendon's remarks on k to those] to these this remonstrance, which here BOOK IV. ] 64]. 58 THE HISTORY whelmed liS. For, by this means, a handful of lnen, much inferior in the beginning, in number and in- terest, came to give laws to the major part; and to shew that three diligent persons are really a greater and 1110re significal1t number,l than ten unconcerned, they, by plurality of voices, in the end, converted or reduced the ,vhole body to their opinions. It is true, lnen of activity and faction, in any design, have 111any advantages, that a C0111posed and settled council, though industrious enough, usually have not; and some, that gallant 111en cannot give the111selves leave to entertain: for, besides their through considering and forming their counsels before they execute them, III they contract a habit of ill nature and disingenuity n necessary to their affairs, and the te111per of those upon \Vh0111 they are to work, that liberal-111inded 111en would not persuade themselves to entertain, even for the prevention of all the mischief the others intend. And ,vhosoever observes o the ill arts, by which p these men used to prevail upon the people in general; their absurd, ridiculous lying, to ,vin the affections, and corrupt the understandings, of the ,veak; and the bold scandals, to confirm the wilful; the boundless promises they presented to the ambi- tious; and their gross, abject flatteries, and applica- tions, to the vulgar-spirited; ,vould hardly give hin1- self leave to use those ,veapons, for the preservation of the three kingdoms. The king hadq at that time a greater disadvan- 1 really a greatér and more significant number,) are a greater number in arithmetic, as well as a more significant number in logic. m they execute them,] they begin to execute, 11 disingenuity] uningenuity o whosoever observes] who- ever obsen-ed P by which] Not in MS. \ BOOK IV. 1641. The king's reception in London upon his return out of Scot- land, Nov. 25. 62 THE HISTORY Notwithstanding all these contrivances to lessen the reputation of the court, (to which many other particulars contributed, which win be touched here- after,g) the city of London n1ade great preparations to receive the king. Gourney, then h lord mayor, was a man of wisdom and courage, and i expressed great indignation, to see the city so corrupted, by the ill artifices of factious persons; and therefore attended upon his Inajesty, at his entrance into the city, with all the lustre and good countenance it could shew; and as great professions of duty as it could make, or the king expect. k And on Thursday, the five and twentieth of November, the king entered into London; received 1 ,vith the greatest acclamations of joy, that had been kno\vn upon any occasion; and some disorder, desired to enter their protestation like- wise; so that the business of printing was for the present laid aside, and the protestation pressed in that manner, that the house rose in some confu- sion about three of the clock in the morning. 'Vhereupon, two days after, when they had con- trived their business, they ques- tioned 1\lr. Palmer, who was one of those who offered his protestation upon some expres- sions in the llUUlnet. of doing it, which some were prepared to witness 3gainst him; and without suffering it to be de- bated, whether protesting itself \vere lawful and regular, after a debate of five or six hours, ma- ny of the dissenters being won over, and others persuaded to be absent, they judged him to be sent to the Tower; being contented to compound for Mr. Palmer, and to \vave question- ing the gentleman who first be- gun the protestation, (though he was more in their displea- sure,) by reason one powerful person amongst them had taken some groundless affection to him, and dec1ared, that he would concur with them against 1\lr. Palmer, but would with all his interest oppose them on the be- half of the other; and so, hav- ing compassed their main end, froin that time they found the Rense of the house ore at their devotion, as will be observed h reaftcr. g hereafter,] upon, h then] the i and] and who k the king expect.] The con- tinua lion of this part of the His- tory, according to JUS. B. will be fowul in the Appendix, G. 1 received] where he was re- cei ved OF THE REBELLION. 63 and after a lTIOst lllagnificent entertainment, by sir BOO K Richard Gourney, lord mayor, at the guildhall; IV. where the king, queen, prince, and the whole court 164l. of lords and ladies, were feasted; his majesty was III attended by the whole city to Whitehall, where he lodged that night; and the n earl of Essex resigned his comlnission of general on this side Trent; ,vhich had been granted for the security of the kingdom, at his ll1ajesty's going into the north. The next day, the king ,vent to Hampton-court; Sir H. Vane . turned out and as soon as he came thIther, took away the seals from being from sir Henry Vane, (having before taken a,vay 0 :; ;: ary of his staff of treasurer of the household p from hÏ111, and conferred it upon the lord Savile, in lieu of the presidentship of the north; which he was to q have had, if both houses had not declared that cOll1mis- sion to be illegal,) and r appointed the guards that \vere kept at 'V stminster, for the security of the two houses, ever since the news out of Scotland, to be dislnissed; and shortly after published a procla- mation, "for obedience to be given to the la,vs esta- " blished, for the exercise of religion." These proceedings of his nlajesty much troubled A petition . . presented the Dlanagers In the house; s and the entertalnlnent to the liÏng, given to hiIn by the city of London, in ,vhich their t : entire confidence ,vas 111uch de1ected thelTI. and remon- , 'J , strance, on 111ade thenl apprehend, their friends there were not D c. 1. and pnnted. SO pO,\verful as they expected. Ho\vevcr, they seem- ed to aLate nothing of their n1ettle; and, shortly m his majesty was] he was n and the] when the o away] Not in MS. P of the household] l't ot in ftf S. q was to] should rand] then he S troubled the managers III the house;] troubled then} ; \ I \ BOOK IV. 1641. -\ 64 THE HIS1'ORY after his return, resolved to present their remon- strance, lately fralned, to hÍlll, together with a peti- tion; in which they complained "of a malignant " party, \vhich prevailed so far, as to bring divers " of their instrlunents to be of his }Jrivy-council; " and in other employments of trust and nearness " about his majesty, the prince, and the rest of his " children: to which malignant party, amongst other " wickedness, they in1puted the insurrection of the "papists in Ireland; and therefore, for the sup- " pressing that wicked and malignant party, they "besought his majesty, that he would concur with " his people, in a parlial11entary way, for the depriv- " ing the bishops of their votes in parlialnent," (when at that tÏ111e the bill to that purpose had not passed the house of peers,) "and abridging their inlmode- " rate power over the clergy: and t for the ren10ving "unnecessary ceremonies, by which divers weak " consciences had been scrupled; that he would re- " move fron1 his council such persons as persisted to " favour any of those pressures wherewith the peo- " pIe had been grieved; and that he would for the " future employ such persons in the public affairs, " and take such to be near him in places of trust, " as his parliament might have cause to confide in ; " and that he would reject and refuse allinediation " and solicitation to the contrary, how powerful and " near soever; that he would forbear to alienate any " of the forfeited and escheated lands in Ireland, "which should accrue to the crown, by reason of " this rebellion. 'Vhich desires of theirs being gra- "ciously fulfilled by his majesty, (they said,) they t and] Not in lVIS. \ OF THE REBELLION. 65 " would apply themselves to such courses and coun- BOOK . I "sels, as should support hIS royal estate with ho- " Dour and plenty at home, with power and reputa- 1641. "tion abroad; and by their loyal affections U and " service lay a sure and lasting foundation of the "greatness and prosperity of his majesty, and his " royal posterity in future times." This petition, together with the remonstrance, was presented at Hampton-court, on the first day of December; and within few days after, both the petition and ren10nstrance ,vere by order printed, and ,vith great industry published throughout the kingdom. Albeit the king, at the receipt thereof, desired them not x to publish either, till he should send his ans\ver: which he did shortly after, ex- . pressIng, " How sensible he "ras of that disrespect: repre- The king's h di h L', h I . . f h · answer to " en ng t em lor t e unpar IanlentarIness 0 t ell' the peti- . . h f " h · d h tion. "relTIOnstrance In prInt; w ereo, Y e sal , " e " would reserve to Z hinlself to take such course, as " he should think fit, in prudence and honour.' But to their petition, he told them, "that if they would " nlake that wicked and malignant party, whereof " they cOlTIplained, known to his majesty, he would " he as ready to suppress and punish it, as they " could be to cOlllplain; that by those counsellors, " WhOlll he had exposed to trial, he had given suffi- " cient testimony, that there was no ll1an so near " hhn,:t in place or affection, WhOlTI he \vould not " leave to the justice of the law, if they should bring u affections] affection x desired them not] desired and forbade them Y in print; whereof,] in point VOL. II. whereof, Z to] Not in MS. a near him,] near tÌllto him, F \'- i:,.. BOOK IV. ] 641. 66 THE HISTORY " sufficient proofs, and a particular charge against " hhn: in the mean time, he wished them to for- " bear such general aspersions, as, since they named " none in particular, might reflect upon all his co un- " ciI; that, for the choice of his counsellors, and lni- " nisters of state, it ,vas the natural liberty all free- "men have, and the undoubted right of the crown, " to call such to his secret council, and public em- " ployment, as he should think fit; yet he would be " careful to make election of such, as should have "given good testimonies of their abilities and in- " tegrity, and against wholn there could b be no just " cause of exception; that for the depriving the bi- "shops of their votes in parliament, they should " consider, that their right was grounded upon the " fundalnentallaw of the kingdonl, and constitution " of parliament. " For what concerned religion, church govern- "ment, and the removing unnecessary ceren10nies, " if the parlian1ent should advise hin1 to call a na- "tional synod, he should consider of it, and give " then1 due satisfaction therein; declaring his reso- " lution to maintain the doctrine and discipline esta- " blished by law, as .,vell against all invasions of po- " pery, as from the irreverence of schismatics and " separatists; ,vhere,vith, of late, this kingdoln and " this city abounds, to the great dishonour and ha- " zard both of church and state; for the suppression " of whom, his lnajesty required their timely and " active assistance. "To their desire concerning Ireland, he told " theIn, he n1uch doubted whether it were season- h could] can OF THE REBELLION. 67 " able to declare resolutions of that nature, before BOO K IY. "the events of the war were seen: ho,vever, he " thanked them for their advice; and conjured thelll 16.1 I. " to use all possible diligence and expedition in ad- "vancing the supplies thither; the insolence and " cruelty of the rebels daily increasing." The graciousness and temper of this ans\ver n1ade no impression on them; but they proceeded in their usual manner; framing and encouraging, underhand, those whispers, by which the rebellion in Ireland might be understood to receive some extraordinary countenance from the court of England, the scan- dal whereot they knew, would quickly fall upon the queen. At this time, the diligence C and dexterity of the lord mayor caused an address to be prepared to his majesty fron1 the court of aldermen; ,vhich was sent by the two sheriffs, and two others of that. body; by which "his majesty was humbly desired to l"eside " at "\Vhitehall :" ,vhich angered the governing party as Illuch as their kind reception d had done. The petition was graciously recei ved; all the aldermen knighted; and the court, within a day or two, re- moved to 'Vhitehall. The letters out of Ireland were very in1portunate Affairs in I . f. f d . · h b I Ire1and. lor re Ie , 0 ll1en, Inoney, an proVISIons; t e re e s very much increasing, and taking courage, from the slow proceeding here for their suppression: which indeed was not advanced equal to men's expecta- tions; though the king, upon his first coming to the houses after his return froll1 Scotland, with great C At this time, the diligence] And the diligence d their kind reception] the ceremonious reception 1-' 2 68 THE HISTOR Y BOO K earnestness recoin mended it to them. Only the pro- IV. positions made from Scotland, "for the sending ten ] 64]. "thousand men froln thence into fister, to be paid " by the parliament," were consented to; whereby some soldiers were despatched thither, to defend their own plantation; and did in truth, at our charge, as much oppress the English that were there, as the rebels could have done; and had upon the matter the sole government of that province conunitted to them, the chief towns and garrisons, which were kept by English, being delivered into their hands. The lieutenant himself, the earl of Leicester, (who was now gro\vn gracious to the ma- nagel's,) made not that haste to his charge some men thought necessary; pretending "that the re- " bels had yet some apprehensions and telTor of his " coming thither with great forces, and provisions " of all kinds; but that if they should hear he were " landed, with so sn1all a strength as was yet raised, " and in no better equipage than he was yet able to "go in, they would take courage, and would op- " press him, before more succours could come; by " reason, that they who e yet stood upon their guard, "and publicly ,sided not with either,f (till, by the " resistance and oppositi&n they found prepared for " them, they might guess \vho was like to prevail,) " would then freely declare, and join with the rest." A bill pre- The slow levying g of men was in1puted to the pared in the difficult y of g ettin g volunteers. their nun1bers who house of " commons had comlnission, It upon beating drums, i rising very for press- . ing men for inconsiderably: and therefore they prepared a bIll Ireland. e that they who] those who h commission,] commissions, f with either,] with the rebels, t beating drums,] beating g levying] levies their drums, OF THE REBELLION. 69 for pressing; which quickly passed the commons,k BOOK and was sent up to the lords. I t cannot be sup- IV. posed, that there could be then a scarcity of men, 1641. or that it could be hard, within three months after the disbanding the northern army, to bring 1 toge- ther as many men as they had occasion to use: but their business ,vas to get power, not In en ; and there- fore this stratagem was used, to transfer the power of pressing m men froln the king to themselves; and to get the king, that he might be now able to raise men for Ireland, to disable n himself fron1 pressing upon any other occasion. For, in the prean1ble of this bill, which they sent up to the lords, (as they had done before the 0 first act for tonnage and pound- age,) they declared, "that t.he king had in no case, " or upon any occasion, but the invasion fron1 a fo- "reign power, authority to press the freeborn sub- " ject; which could not consist with the freedom " and liberty of his person." This doctrine was new to the lords, and contrary The pre- h d f 11 · d d amble of to t e usage an custom 0 a tImes; an Seelne the bill, as to them P a great diminution of that regal power' o e which was necessary for the preservation of his own commons, .. æp d subjects, and assIstance of hIS allies; which in many against in h b d · d A the house cases e was oun to YIel. nd the attorney ge- of lords_ neral took the courage "to desire the lords," (as he should often have done in other cases,) "that he " might be heard on the king's behal before they " consented to a clause so prejudicial to the king's "lJrerogative." This necessary stop was no sooner k the commons,] the com- mons' house, I to bring] to gather In pressing] impressing n disable] disenable o the] in the P to them] Not in 1118. F3 70 THE HISTORY BOO K ßlade, than the commons laid aside the considera- IV. tion of Ireland; ordered their comlllittee "to nleet ] 64]. "no more about that business;" the levies, which were then nlaking of volunteers, stood still; and they declared, "that the loss of Ireland lllust be "inlputed to the lords." On the other side, the lords too ,veIl understood that logic, to be nloved by it; and "rere rather sensible of the inconveniences they had incurred by their former compliance, than inclined to repeat the same error. In the mean tillle, letters caIne every day from Ireland, passionately bellloaning their condition; and multitudes of lllen, WOlllen, and children, who were despoiled of their estates, and forced into this kingdom for ,vant of bread, spoke q more lalllent- ably than the letters. In this strait, they kne,v not what to do; for whatever discourse they pleased theillselves with, concerning the lords, it was evi- dent the fault would lie at their own doors; besides that, his majesty might make nse of r that occasion, to take the whole business out of their hands, and manage it himself by his council; ,vhich would both lessen their reputation and interest, and indeed de- . feat llluch of ,vhat s they had projected. Saint-John Hereupon, 1\11'. Saint-John, the king's solicitor, (a advises the . . ling to man that mIght be trusted In anyt cOlllpany,) ,vent offe l an t ex. P rivatel y to his malest y ; and seemed to hiln much l)t ( len . troubled "at the interruption given by the COln- " nlons; and to grant, n tbat the prealnble ,vas un- "reasonable, and ought to be insisted against x by q spoke] spake r might make use of] might take s 111uch of what] much that t in any] in every U grant 2 ] consent, x insisted against] insisted on OF 'rHE REBELLION. 71 " the lords, on the behalf of his majesty's preroga- BOOK " tive: however, he told him, since he thought it IV. " impossible to rectify the C0111mOnS in their under- 1641. " standings, it would be a great blessing to his ma- "jesty, if he could offer an expedient to remove " that rub, which must prove fatal to Ireland in a " short tin1e; and might grow to such a disunion " bet,veen the two houses, as m ght much cloud the "happiness of this kingdolTI; and, undoubtedly, "could not but have a very popular influence upon " both, when both sides would be forwarder to ac- " knowledge his majesty's great wisdon1 and piety, " than they could be no\v n1ade to retract any thing " that ,vas erroneous in thelnselves:" and then" ad- " vised hin1 to come to the houses; and to express "his princely zeal for the relief of Ireland; and " taking notice of the bill for pressing, depending " ,vith the lords, and the dispute raised, concerning " that ancient and undoubted prerogative, to avoid "further debate, to offer, that the bill should pass " with a salvo jure, both for the king and people; "leaving such debates to a time that might better " bear it." 'Vhich advice his majesty follo,ved; and coming The i g . puts It III to the house, saId the very ,vords he had proposed practice. to him. But no,v their business was done, (,vhich truly, I think, no other way could have been con1- passed,) the divided lords and COn11110nS presently unite themselves in a petition to the king; "acknow- ThE' lords I d . h . 1 L' . and com- " e gIng IS roya lavour and protectIon to be a mons de- " 11 . d · h L' h . clare this great ) esslng an securIty to t em, lor t e enJoy- to be a " in g and l )reservin g all those l )rivatc and l )ublic Ii- br a.ch of pnnlege, "berties and privileges \vhich belong unto theITI; i l a peti- tIon to the " and whensoever any of those liberties or privileges king. }" 4 . 72 THE HISTORY ] 64) . " should be inva ed, they were bound, with humility " and confidence, to resort to his princely justice for "redress and satisfaction; because the rights and " privileges of parlialnent ,vere the birthright and "inheritance, not only of thenlselves, hut of the " whole kingdoln, 'v herein everyone of his subjects " was interested: that amongst the privileges of par- " liament, it was their ancient and undoubted right, " that his majesty ought not to take notice of any " ll1atter in agitation and debate, in either house Y " of parlialnent, but by their information and agree- " ment; and that his majesty ought lot to propound " any condition, provision, or limitation, to any bill, " or act, in debate or preparation, in either house z. " of parliament; or to declare his consent or dissent, "his approbation or dislike, of the same, before it "be presented to hinl in due course of parlialnent. " They declared, that all those privileges had been " lately broken, to their great sorro,v and grief, in " that speech which his majesty had made to thenl; " wherein he took notice of a bill for pressing of sol- " diers, not yet agreed upon; and offered a saZt"o "jure, and provisional clause, to be added to it, be- " fore it ,vas presented to him: and therefore they " besought hiIn, by his royal power to protect them, " in those and the other privileges of his high court " of parliament; and that he ,vould not, for the time " to come, break or interrupt them;. and that, for " the reparation of them in that their grievance and " complaint, he would declare' and nlake known the " name of such person, by ,vhose n1isinformation, and " evil counsel, his majesty "Tas induced to the same, BOOK IV. house] house 7 house] houses OF THE REBELLION. 73 " that he might receive condign punishment. And BOOK " this they did desire, and, as his greatest and most IV. " faithful council, did advise his majesty to perform, 1641. " as a great advantage to him, by procuring and con- " firming a confidence and unity betwixt his majesty " and his people, &c." And having delivered this petition, they no more considered Ireland, till this manifest breach should be repaired; which they resolved nothing should do, but the passing the bill: and therefore, when the king offered, a by a message sent by the earl of Es- sex, " that he would take care, by commissions which " he would grant, that ten thousand English volun- " teers should be speedily raised for the service of "Ireland, if the houses would declare th t they " would pay them;" the overture was wholly reject- ed; they neither being willing that such a body of men should he raised by the king's direction, (which would probably be more at his devotion than they desired,) nor in any other way than they proposed: and so in the end (after other ill accidents interven- 'Vhereupon · h . h . 11 b b d . d ) h thebiJIcon- lng, W IC WI e remem ere In or er e was COID- cerning pelled to pass the bill concerning b pressing, which : ::: g they had prepared. However, for all this, and the better, it may be, for all this, the king, upon his arrival at Whitehall, found both his houses of parliament of a ßluch bet- ter temper than they had been; many having great indignation to see his majesty so ill treated by his own servants, and those who were most obliged to his bounty and magnificence; and likewise to dis- cern how n1uch alnbition and private interest was a offered,] offered them, b concerning] for BOOK IV. 164 J . 74 THE HISTORY covered under public pretences. They who were in truth zealous for the preservation of the laws, C the religion, and trùe interest of the nation, were soli- citous to preserve the king's honour from any indig- nity, and his regal power from violation; and so al- ways opposed those who intrenched d upon either, and who could compass their ends by no other means than by trampling upon both. So that, in truth, that which was called the king's party, in both houses, was made up of persons who were strangers, or without any obligation, to the court; of the best fortunes, and the best reputation, in their sevèral countries where they were kno,vn; as having al,vays appeared very zealous in the maintenance of their just rights, and opposed, as much as in then1 lay, all illegal and grievous in1positions: \vhilst his own privy-council, (two or three only excepted,) and much the greater nU111ber of all his o,vn servants, either publicly opposed, or privately betrayed him; and so much the more virulently abhorred all those who no,v appeared to carryon his service, because they presu111ed to undertake, at least endeavour, e (for they undertook nothing, nor looked for any thanks for their labour,) to do that ,,,"hich themselves f ought to have done; and so they \yere upon this dis- advantage, that ,vhenever they pressed any thing in the house, ,vhich seemed Ï1nmediately to advance tIle king's po\ver and authority, some of the king's coun- cil, or his servants, most opposed it, under the notion f' of being prejudicial to the king's interest:" wlliIst they ,vho had used to govern and in1!)ose upon the C laws,] law, ù intrenched] trenched e endeavour,] to endeavour, f themselves] they OF THE REBELLION. house, made a g show of being more modest, and yet were more insolent; h and endeavoured, by setting new counsels on foot, to entangle, and engage, and indeed to overreach the house; by cozening them into opinions which lnight hereafter be appJicable to their ends, rather than to pursue their old designs, in hope to obtain in the end a success by their au- thority. The night of the ren10nstrance had hum- bled them in that point: and frolll that time, they rather contrived ,vays to silence those ,vho opposed thenl, by traducing them abroad, or taking i advan- tage against thenl in the house, for any expressions they used in debate ,vhich might be misinterpreted; and so calling them to the bar, or comlnitting them to the Tower: which did in truth strike such a ter- ror into the minds of many, that they forbore to come to the house, rather than expose thenlselves to many uneasinesses there. k g a] Not in MS. h yet were nlore insolent;] \vere more silent; i or taking] and taking any k to many uneasinesses there.] to so many uneasinesses there. The jollQwing paragraph, from 1',IS. B. is omitted. They found that they were so t.u frOIn having gotten credit by their angry bill against the church for the ex- tirpation of bishops, that they had lost ground in the attempt, and therefore they seemed to decline any farther thought of such a violent proceeding, and to have more moderate inclina- tions; and so one morning they brought in and desired to have a bill read for the taking away the votes of the bishops out of t he house of peers, no otherwise differing from the former, than it was shorter. It was opposed by many, that it should be re- cei ved or read; for it 'was a known rule of the house, that a bill rejected could not be brought again into the house during the same session, which was an or- der that had never been known to be violated, which 1\lr. Pytn confessed; but said, that our orders were not like the laws of the l\ledes and Persians, not to be altered, but that they were in our own power, and that the recei ving this bill, since it was in our power, 'would be very ne... cessary, 'and would quiet the nlinds of Inany, who, it may be, would be contented with the passing this bill, who would otherwise be importunate for 75 BOOK IV. ] 641. 76 THE HISTORY BOOK There ,vas at this tinle, or thereabout, a debate IV. started in the house, as if by mere chance, which ] 64 J . produced many inconveniences after; and, if there A proposal h d b . in the a not een too many concurrent causes, mIght be :l ::S, thought the sole cause and ground of all the mis.. fo a com- chiefs which ensued. U p on some re p ort, or discourse IDlttee to consider of of some accident, which had happened upon or in the })resent . . state and the disbandIng the late arnlY, an obscure member rl ::i ia. moved, "That the house would enter upon the con- " sideration, whether the Inilitia of the kingdonl was " so settled by la,v, that a sudden force, or army, "could be drawn together, for the defence of the " kingdom, if it should be invaded, or to suppress " any 1 insurrection or rebellion, if it should be at- " telnpted." The house kept a long silence after the motion, the newness of it amusing m nlost men, and few in truth understanding the meaning of it; until one and TIl0re violent remedies, and that there was reason to believe, that the lords who had rejected the former bill w'ere very sorry for it, and would give this a better reception; and if they did not, it would meet with the same fate the other had done, and we should have the satisfaction of having discharged our own con- sciences. The content many men had, to see the former vio- lence declined, and more mode- rate counsels pursued, prevailed so far, that the bill was received, and read; and the S8-me reasons, with some subsequent actions and accidents, prevailed after- wards for the passing it in the house of commons, though it re- ceived a greater opposition than it had done formerly. And the lord Falkland then concurring with his friend l\ir. Hyde in the opposing it, l\Ir. Hambrlen said, that he was sorry to fi nd a noble lord had changed his opi- nion, since the time the last bill to this purpose had passed the house; for he then thought it a good bill, but now he thought this an ill one. To which the lord .Falkland presently replied, that he had been persuaded at that time, by that worthy gen- tleman, to believe many things, which he had since fOllud to be untrue; and therefore he had changed his opinion in many particulars, as well as to things as persons. 1 any] an m anulsing] amazing OF THE REBELLION. 77 another of the members, who were least taken notice BOOK ot seeming to be moved by the weight of \vhat had IV. been said, enlarged upon the san1e argument: and ] 641. in the end it was proposed, " That a comn1ittee might " be appointed, to consider of the present state of " the militia, and the power of it; and to prepare " such a bill for the settling it, as might provide for " the public peace, and for the suppressing any fo- " l eign enemy, or don1estic insurrection." Hereupon n they were inclined to non1inate a com- This de- mittee, to prepare such a bill as should be thought bated. necessary: upon which Mr. Hyde spoke 0 against the making any such committee; said," There could be " no doubt, that the power of the militia resided in " the king, in whom the right of 111aking war nd " peace was invested; that there had never yet ap- " peared any defect of power, by \vhich the kingdom " had been in danger, and we might reasonably ex- "pect the same security for the future." 'Vith 'v hich the house seemed ,veIl satisfied and COl11posed, and inclined to go on upon P some other debate, un- til Saint-John, the king's solicitor, q and the only man in the house of his learned council, stood up, and said, " He would r not suffer that debate, in ,vhich And sol. , th h d I · h · I gen. Saint.. , ere a Jeen so lTIany welg ty partlcu aI's S 111en- John de- " tioned, to be discontinued without some resolution : : t eit " that he ,vould be ver y g lad there were that I Jo \ver not t? be in the klllg. " in the king, (whose rights he was bound to defend,) " as the gentleman \vho spoke t last seemed to in1a- " gine; which, for his part, he knew there \vas not; n IIereupon] And hereupon o spoke] spake P go on upon] resume q the king's solicitor,] who was then the king's solicitor, r would] could 8 particulars] particularities t spoke] spake 78 THE HISTORY 1641. "that the question was not about taking away U " power from the king, ,vhich was vested in him, " (,vhich was his duty always to oppose,) but to in- " quire, ,vhether there be such a po,ver in hiln, or " any where else, as is necessary for the preserva- " tion of the king and the people, in many cases that " may fall out; and if there be not, then to supply " him with that power and authority;" and said, x " he did take upon hÏ1n with confidence to affirm, Y " that there was a defect of such power and autho- " rity:" he put them in mind, " how that power had " been executed in the age in which we live; that " the crown had granted commissions to great men, " to be lord lieutenants of counties; and they to gen- "tlenlen of quality, to be their deputy lieutenants; " and to colonels, and other officers, to conduct and " list soldiers; and then he wished them to consider, " what votes they had IJassed, of the illegality of a1] " those commissions, and of z the unjustifiableness of " all the proceedings which had been a by virtue of " those commissions; so that let the occasion or ne- " cessity be what it would, he did preSlune, no man " would hereafter execute any such coml1lission; and " if there were any Ulan b so hardy, that no body " would obey thenl; and therefore desired them to " consider, whether there be not a defect of power, " and ,vhether it ought not to be supplied." I t was now evidel1t enough, that the debate was not C begun by chance, but had been fully delibe- rated; and ,vhat use they would make, upon occa- BOOK IV. u away] any x and said,] and he said, Y to affirm,] to say, Z of] Not in MS.. a been] Not in MS. b man] men c was not] had not OF THE REBELLION. 79 sions, of those volun1es of votes, they had often pour- BOO K ed out upon all accidental debates; and 110 man IV. durst take upon him to answer all that had been al- 1641. leged, by saying, all those votes were of no validity; and that the king's right was, and would be, judged the saine it had been before, notwithstanding those votes; \vhich is very true: but this being urged by the king's own solicitor, they appointed him "to He is ap- b . · d h b . ll h h h pointed to " rIng In an prepare suc a I as e t oug t ne- bring in a " cessar y ." few men Í1namnin g that such a sworn bill to settle , o that mat- officer would 110t be very careful and tender of all ter ; his master's prerogatives, which he was expressly sworn to defend. 'Vithin few days after, he brought in a very short'Vhich he bill, in which was Inentioned by way of preface, does. " That the power over the Inilitia of the kingdom " was not settled in any such manner, that the se- " curity of the kingdoln was provided for, in case of " invasion or insurrection, or any sudden d accidents ;" and then an enacting clause, "That henceforward "the militia, and all the power thereof, should be " vested in-&c." and then a large blank left for in- serting names; and afterwards, "the absolute au- " th rity to execute-&c." The ill meaning whereof was easily understood; and with some warnlth press.. ed, " That by this bill all the power would be taken " out of the crown, and put into the hands of COln- "lnissioners." To which the solicitor Inade answer, " That the bill took no power from any body who " had it, but provided e to give power where it was " not; nor was there lnention of any comnlission-. " ers; but a blank was therefore left, that the house d ny sudden] uch like e provided] was provided so THE HISTORY BOO K "might fill it up as they thought fit, and put the IV. "power into such hands as they thought proper; 1641. "which, for aught he knew, might be the king's; " and he hoped it would be so." The bill re- And with this answer the bill was received, not- ceived. withstanding all opposition, and read; all those per- sons who had been forlnerly f deputy lieutenants, and lay under the terror of that vote, presuming, that this settlement would provide for the indemnity of all that had passed before; and the rest, \vho Dlight still be exposed to the saIne hazards, if they should be required to act upon the like occasions, concuITing in the desire, that sOlnewhat might be done for a ge- neral security; and they who had contrived it, were well enough contented that it was once read; not desiring to prosecute it, till SOlne more favourable conjuncture should be offered: and so it rested. g The king About this tÍ1ne, the king not being well satisfied dismisses sir Wil- in the affection or fidelity of sir 'Villialn Balfour, liam Bal- h b L' d four from 'V om he had some years elore, to t.he great an :ee tl U- general scandal, and offence of the English nation, the Tower. made lieutenant of the To'\ver; and finding that the seditious preachers every day prevailed in the city of London, and corrupted the affections and loyalty of the meaner people towards the governlnent of the h fbeen formerly] formerly been g and :so it rested.] and so those two great bills, the one against the bishops sitting in the house of peers, and the other for the n1ilitia, were the sub- ject of the present designs in the house of commons, and called upon as any thing fell out which might advance ei- ther; but for the present they seemed most intent "tntl olici- tons upon that against the bi- shops; in which they still found great opposition; and did very visibly lose ground in the house of con1mons as the king's friends grew daily stronger in the house of peers. For the eontinu- ation of this part of the history, according to MS. B. see the Ap- pendix, H. h the] Not in MS. OF THE REBELLION. 81 church and state; resolved to put that place (\vhich BOOK . . IV. some lnen fancied to be I a bridle upon the CIty) into the hands of such a man as he Inight rely 1641. upon: k and yet, he was ,villing to be quit of the other, without any act of disobligation upon hÍ1n; and therefore gave hin1 three thousand pounds, ready Dloney, which ,vas raised by the sale of some of the queen's o,vn jewels: and imlnediately caused colonel Colonel L d . h . I 1 . f h Lunsford UnSlOr to be sworn In IS pace, leutenant 0 t e put in his Tower. place. This was no sooner known, than the house of COffi- nlons found themselves concerned in it; and upon pretence" that so excellent a person as sir 'VillialTI " Balfour" (who in truth was very gracious to theIn, for the safe keeping the earl of Strafford) " could not " be removed from that charge, but upon sOlne enli- " nent design against the city and the kingdom; and " that the man who was appointed for his successor " ,vas a person of great licence, and known only by " sonle desperate acts; for which he had been for- " merly ilnprisoned by the state, and having made "his escape, fled the kingdoln: they desired the " lords to join with them in a petition to the king, " to put the Tower into better hands;" making such argulnents against the person of the man, as before spoken of. The lords replied to theIn, " That it was "an argunlent of that nature, they thought not " thenlselves conlpetent advisers in it; the custody " of the Tower being solely at the ling's disposal, " who was only to judge of the fitness of the person " for such a charge." But at the sanle time that they refused to join in a public desire to the king, i some n1en fancied to be] k as he might rely upon:] was looked upon as upon WhOlU he might rely: VOL. II. G 8 THE HISTORY BOOK they intimated Plivately their advice to hin1,1 "that IV. "he should make choice of a fitter person, against 164]. "whonl no exceptions could be made." For indeed sir Thomas Lunsford was not then kno\vn enough, and of reputation equal to so envious a province; and thereupon, within two or three days at most, he resigned the place, and the king gave it sir John Byron. m This gave them no satisfaction in the change, since it had no reference to their recommendation; which they only looked after: but it gave them great delight, to see that the king's counsels were not so fixed, but their clamour might alter them; and that doing hurt, being as desirable a degree of po\ver to SOllle men n as doing good, and likely to gain them more proselytes, they had marred a man, though they could not make one. And without doubt, it was of great disadvantage to the king, that that counsel had not been formed with such deliberation, that there would need no alteration; . ,vhich could not be made, \vithout a kind of recog- nition. Touching All this time the bill depended in the lords' house, the bill . . against the " for the takIng away the votes of bIshops, and re- bishops'" · h f h h f " h . h votes, de- movIng t em rom t e ouse 0 peers; w IC l s n was not like to make a more prosperous progress of peers. there, than it had six months before; it being evi- dent, that the jurisdiction of the peerage ,vas in- vaded by the comnlons; and therefore, that it ,vas not reasonable to part with any of their supporters. The co.. lone] re- signs, Rnd sir John Byron is put in. 1 they intimated privately their advice to him,] theycauserl privately advice to be given to him, m gave it sir John Byron.] constituted sir John Byron in the place. n to some men] Not in MS. OF THE REBELLION. 83 But the virulence against theln still increased; and BOOK IV. no churches frequented, but where theywere preached against, as antichristian; the presses swelled with ] 641. the most virulent invectives against them; and a sermon was preached at 'Vesttninster, and after- wards printed, under the title of The Protestation Protested, by the infalnous Burton, wherein 0 he declared, "That all n1en were obliged by.. their late " protestation, by what means soever, to remove " both bishops and the COlnmon prayer book out of " the church of England, as Ï1npious and papistical :" whilst all the learned and orthodox divines of Eng- land were looked upon unùer the notion of scandal- ous ministers; and if the meanest and most vicious parishioner they had could be brought to prefer a petition against either of them to the house of COIn. . mons, (how false soever,) he was sure to be prose- cuted as such. I n the end, a petition was published, in the llalne A petition f h . d h h · published, "0 t e apprentIces, an t ose w ose apprentlce- in the " h . I t I . d ". d b t th . t name of the S IpS were a e y expIre , In an a ou e CI Yappren- of London; and directed, "To the kin g 's n10st ex- ti('e , agamst pa- " cellent majesty in the parlialnent now assembled; pists and prelates. " shewing, That they found by experience, both by " their own and ll1asters' tradings, the beginning of " great mischiefs con1ing upon them, to nip them in "the bud, when they were first entering into the " world; the cause of which they could attribute to "no others but the papists, and the prelates, and " that m align an t party 'v hich adhered to them: that " they stood solemnly engaged, with the P utlnost of " their lives and fortunes, to defend his sacred ma- o wherein] whereby p the] their G 2 , BOOK IV. I G.t I. 84 TIlE HISTORY " jesty and royal issue, together ,vith the rights and " liùe ties of pariiaillents, against papists, and popish " innovators; such as archbishops, bishops, and their " dependents, appear to be. They desired his Ina- , jesty in parliament to take notice, that notwith- " standing the much un\vealied pains and industry " of the house of còmlnons, to subdue popery, and " popish innovators; neither is popery yet subdued, " nor prelates are yet removed; whereby many had "taken encouragements desperately to plot against "the peace and safety of his d0111inions: witness , the 1110st barbarous and inhtunan cruelties perpe-. 'trated by the papists in Ireland; froITl \vhence " (they said) a ne\v spring of fears and jealousies "arose in theln: and therefore they desired, that " the popish lords, and other eminent and dangel:ous " papists, in all the q parts of the kingdoln, lHight "be looked unto, and secured; the laws against " priests and jesuits fully executed; and the prelacy " rooted up: that so the ,york of reforlnation Inight " be prosperously carried on; their distracting fears " relnoved; that the freedom of COlnmerce and trade " might pass on more cheerfully, for the encourage- " Inent of the petitioners, &c." This, and such stuff, being printed, and scattered amongst the people; multitudes of mean persons r flocked to 'Vestminster-hall, and about the lords' house; crying, as they ,vent up and do\vn, .i'TO bi- ßno}Js, no bishops, " that so they might carryon the " reforlnation." I said before, that upon the king's return from Scotland, he discharged the guards that attended q the] Not in ftfS. r persons] people OF THE REBELLION. 85 upon the houses. 'Vhereupon the house of COß1- BOOK mons (for the lords refused to join with theln) peti- IV. tioned the king, "in regard of the fears they had of 1641. . . . The com- "some desIgn from the papIsts, that they mIght mons peti- " continue such a guard about them as they thought ii a " fit." guard. To which his majesty answered, "That he was His ma- . jerty " confident they had no Just cause of fear; and that answer. " they were as safe as hin1self and his children: " but, since they did avow such an apprehension of " danger, that he \vould appoint a sufficient guard ' for them." And thereupon directed the s train- bands of 'Vestminster and MIddlesex (wIlÎch con- sisted of the most substantial houseI10lders, and were under known officers) in fit numbers to attend. This security was not liked; and it was asked, Quis custodiet ipsos custodes - - -? And when the disorderly rabble, spoke t of now, first can1e down, they resisted them, and would not suffer thenl to disturb the houses; and some of them, with great rudeness, pressing to the door of the house of peers, their lordships appointed the guard to be called up to remove them; and the earl of Dorset, being then lord lieutenant of Middlesex, (the crowd oppressing hÎ1n, and refusing to leave the room,) in some pas- sion, called upon the guard "to give fire upon " them;" whereupon the rabble, frighted, left the ])lace, and hasted away. The house of COlnmons, incensed u that their friends should be so used, much inveighed against the carl of Dorset; and talked" of accusing hin1 of " high treason;" at least, " of drawing up son1e in1- II directed the] directed that the t spoke] spal.e 11 incensed] n1 Heh incensed G3 86 THE HISTORY BOO K "peachn1ent against him;" for some judgment he IV. had been party to in the star-chalnber, or council- 1641. table: and so giving these hints of their displeasure, that he might have the n10re care how he carried himself; x they concluded, that since they could not bave such a guard as pleased them, they would have none at all: and so sent to the lords " for the dis- "charge of the train-bands that attended:" who willingly consented to it; and it was Y done accord- ingly: the house of commons declaring, "That it "should be lawful for every member to bring his " o\vn servant, z to attend at the door, armed with " such \veapons as they thought fit." Gre ] at h b l- t It was q uickl y understood abroad, tbat the com- mu ts a on the house mons liked well the visits a of their neighbours: so of peers. that the people assembled in greater nun1bers than before, about the house of peers; calling still out with one voice, No bishops, no popish lords; cro\vded and affronted such lords as carne near them, \vho they knew b affected not their ends, call- ing them, rotten-hearted lorils. Hereupon the house of peers desired a conference with the con1ffions; at which they con1plained of those c tumults; and told theIn, "that such disor- " ders would be an imputation upon the parlian1ent, " and n1ake it be doubted, whether they had free- " dom; and so might happily beC0111e a blemish to " those ll1any good laws they had already passed, as " well as prevent the n1aking m re: and therefore " desired theIn, that they \vould, for the dignity of x how he carried himself;] hereafter to carry himself; Y and it was] which was Z servant,] servants, it visits] visitation Ù who they knew] and whom they knew c those] these OF THE REBELLION. 87 " parliaments, join with them in a declaration, for BOO K " the suppressing such tumults." This was reported IV. to the COlnmons; and as soon laid aside, "for the 1641. " handling of other lnatters of more hnportance." The tUlnults continued; and their insolences in- creased; insolnuch, as many dissolute and profane people went into the abbey at Westminster, and would have pulled down the organs, and some orna- Inents of the church; but being resisted, and by force driven out, they threatened, "they would " COlne with greater numbers, and pull down the " church." Hereupon the lords send again d to the house of comlnons, to join with them in their declaration; and Inany members of that house complained, " that " they could not come with safety to the house; " and that some of them had been assaulted, and " very ill entertained, e by those people that crowded "about the door. f" But this conference g could not be procured; the debate being still put off to some other time; after several speeches had been made in justification of theIn, and cOlnlnendation of their affections: some saying, "they must not dis- " courage their friends, this being a time they must " make use of all friends;" Mr. PYIn himself saying, " God forbid the house of comlnons should proceed, "in any way, to dishearten people to obtain their " just desires in such away." In the end, the lords required the advice of the The lords · d rlirect a JU ges, "what course was legally to be taken, to writ to be " su pp ress and P revent those disorders." and there- issued o.ut , to appomt upon directed the lord keeper of the great seal, "to watches. II send again] again sent e entertained,] entreated, f the door.] that door. g conference] Not in .iUS. G4 BOOK IV. 1 64] . The house of com- wons dis- charges them. 88 THE HIS1.'ORY " issue out a ,vrit, upon the statute of Northamp- " ton, to the sI1eriff and justices, to appoint strong " watches in such places as they judged most con- " venient, to hinder that unlawful conflux of people " to tVestminster, to the disturbance of their con- "sultations." \Vhich writ issuing accordingly, the justices of the peace, in obedience thereunto, ap- pointed the constables to attend at the ,vater side, and places near about 'V estIninster, with good watches, to hinder that tumultuous resort. This was no sooner done, than the constables were sent for by the house of commons b , and, after the view of their warrants, required to discharge their ,vatches. And then the justices were i con- vened, and exalnined; and albeit it appeared, that ,vhat they had done was in pursuance of a legal writ, directed to them under the great seal of Eng- land, by the advice of the lords in parliament, with- out so much as conferring with the lords upon that act of theirs, the setting such a watch was voted to be "a breach of privilege:" and one of the justices of the peace, who, according to his oath, had exe- cuted that ,vrit, was cOlnmitted to the Tower for that offence. Upon this encouragen1ent, all the factious and schislnatical people about the city and suburbs as- sen1bled thelnsel yes together with great licence; and would frequently, as ,vell in the night as the day, convene themselves, by the sound of a bell, or other token, in the fields, or SOlne convenient place, to consult, and receive orders froll1 those by whonl they were to be disposed. A meeting of this kind '1 by the house of cOinmons] Not in MS. I were] Not in MS. OF 'rHE REBELLION. being about the time we speak of in Southwark, in a place ,vhere their arms and magazine for that bo- rough was kept; the constable, being a sober man, and known to be an enemy to those acts of sedition, went among k them, to observe what they did: he ,vas no sooner espied, but he was reproached with disdainful words, beaten and dragged in so barba- )'OUS a manner, that he hardly escaped with his life. Complaint was made to the next justices; and oath of the truth of the complaint made: whereupon a writ was directed to the sheriff, to impannel a jury, according to law, 1 for the inquisition and examina. tion of that riot. This was complained of in the house of com- mons, as an act that concerned their privileges: for that it was pretended, " that meeting in Southwark "had been Inade m by godly and well affected men, " only to draw up and prepare a petition against bi- " shops; and that the constable, being a friend tó " bishops, came amongst them to cross theIn, and "to hinder men froln subscribing that wholesolne "petition." Upon n this discourse, without any fur- ther examination, an order was made by that house, "that the under-sheriff of Surrey should be en- " joined, not to suffer any proceedings to be made " upon any inquisition, that might concern any per- " sons who met together to subscribe a petition to " be preferred to that house." By this, and other means, all obstacles of the law being ren10ved, and the people taught a way to as- semble la,vfully together, in how tumultuous a man- ner soever, and the ChristInas holydays giving more k al1l0ng] amongst I to law,] to the law, In n1ade] Not in lU . 11 Upon] And upon 89 BOOK IV. 1641. 90 'HE HISTORY DOO K leave and licence to all kind of people, the con- IV. course grew more numerous about 'Vestminster; 1641. the rabble 0 sometimes, in their passage between the The tu- mults in- city and '" estminster, making a stand before 'Vhite- :a : han, and crying out, No bishops, no bishops, no '\VhitehaU P 01lis}t lords would sa y aloud "that the y would and \Vest-:r' , minster. "have no more porter's lodge, but would speak "with the king when they pleased:" and, when P they came near the two houses, took papers out ofq their pockets, and getting upon some place higher than the rest, would read the names of several per- sons, under the title of disaffected 11lembers qf the hOllse qf C01JlJnOJl.S; and called many lords, false, evil, and rottell-hearted lorels. But their rage and fury against the bishops grew so high, that they threatened to pull down the lodgings where they lay; offered to force the doors of the abbey at 'Vest- minster, which were kept locked lnany days, and defended by a continual guard within; and assaulted the persons of some of the bishops in their coaches; and laid hands on the archbishop of York, in that manner, that, if he had not been seasonably rescued, Whereupon it was believed they would have murdered hin1: so all the . bishops that all the bIshops, and many other members, of { ny both houses, withdrew themselves from attending in )} u l se l s the houses, out of a real a pI Jrehension of endan g er- WIt II rew from their ing their lives. attendance. . . . These InsurrectIons by thIS means were so coun- tenanced, that no industry or dexterity of the lord mayor of London, sir Richard Gourney, could give any check to them; r but, instead thereo hinlself o rabble] people P when] where (J took papers out of] took out papers from r to them;] to it; OF THE REBELLION. 91 (with great and very notable courage opposing all their fanatic humours, both in the court of alder- men, and at the common council) grew to be reck- oned in the first form of the malignants, (which was the term they imposed upon all those they meant to render odious to the people,) insomuch, as his house was no less threatened and disquieted by the tumults, than the house of lords: and when he apprehended some of those who were most notorious in the riot, and committed them to the custody of both the sheriffs of London in person, to be carried to N e,vgate, they \vere, by the power and strength of their companions, rescued from them in Cheap- side, and the two sheriffs compelled to shift for their own safety. And when it was offered to be proved, by a member in the house of commons, that the wife of captain Venn, (having received a letter from her husband to that purpose,) who was one of the citizens that served for London, and was known hiInself to lead those men, that came tumultuously down to 'Vestminster, and Whitehall, at the time of the passing the bill of attainder of the earl of Strafford, had with great industry solicited many people to go down with their arms to 'Vestminster, upon a day, (that was named,) when, she said, her husband had sent her word, that in the house of COllllnons they,vere together by the ears, and that the worser party was like to get the better of the good party; and therefore her husband desired his friends to come ,vith their arms to 'Vestminster, to help the good party; and that thereupon many t in a short tilne went thither : they, who offered to BOOK IV. 1641. 8 citizens tbat served] burgesses t n1any] very many 9 THE HISTORY BOOK 111ake proof of the same, were appointed to attend IV. 111any days; but, not\vithstanding all the Ílnportu-" 1641. nity that could be used, were never admitted to be beard. All this time the king (who had been with great solemnity invited by u the city of London, and de- sired to make his residence nearer to them than Hampton-court) was at 'Vhitehall, where, besides his ordinary retinue, and menial servants, many officers of the late disbanded army, who solicited their remainder of pay from the two houses, which was secured to them by act of parliament, and ex- pected some farther elnployment in the war ,vith Ireland, upon observation, and view of the insolence of the tUlnults, and the danger, that they Inight possibly bring to the court, offered themselves for a guard to his majesty's person; and were ,vith 1110re formality and ceren10ny entertained by hÏ1n, than, upon a just computation of all distempers, ,vas by Some offi. many conceived seasonable. And from these officers, cers repel the rabble Warn1 \vith indignation at the insolences of that vile ball. rabble, ,vhich every day passed by the court, first words of great contempt, and then, those words cOlnn10nly finding a return of equal scorn, blo\vs were fastened upon SOlne of the most pragmatical of the crew. This was looked upon by the house of COlnn1ons like a levying war by the king, and much pity expressed by them, that the poor people should be so used, ,vho came to them \vith petitions, (for some few of them had received SOlnf' cuts and slashes, that had drawn blood,) and that 111adc a great argun1ent for reinforcing th ir lln1111Jcrs. And U by] from OF THE REBELLION. 95 froln those contestations, the two terlns of round- BOOK hea(] and cavalier gre\v to be received in discourse, IV. and were afterwards continued for the most suc- 1641. . d .. . f æ. h h h Hence the Clnct lstlnctlon 0 auectlons t roug out t e quar- terms of I h I k d h round- re : t ey who were 00 e upon as servants to t e head and king being then called cavaliers; and the other ofca,'alier. the rabble contemned, and despised, under the nalnes of'roun(lheads. The house of C01111nOnS being at this time without any 111elllber, who, having relation to the king's ser- vice, would express any zeal for it, and could take upon hhn to say to others, whom he "\vould trust, what the king desired, or to 'Vh0111 they "\vho wished well could resort for advice and direction; so that ,vhilst there \vas a strong conjunction and combina- tion to disturb the government by depraving it, whatever was said or done to support it, ,vas as if it \vere done by chance, and by the private dictates of the reason of private men; the king resolved x to The lord call the lord Falkland, and sir John Colepepper, who : a;: was kni g ht of the shire for Kent to his council. cretary of , , state, and and to make the fortner secretary of state in the sir John Colepepper })lace of Vane, that had been kept vacant; and the chancellor . of the ex- latter chancellor of the exchequer, whIch office the chequer. lord Cottington had resigned, that Mr. Pym might be put into it,Y when the earl of Bedford z should have been treasurer, as is mentioned before. They \vere both of great authority in the house; neither of theln of any relation to the court; and therefore "\vhat they said n1ade the nlore inlpression; and they x the king resolved] Origi- nally in MS. B. l\Ir. Hyde wished the lord Digby to ad- vise the kino- - Y into it,] into that office, 2 tl1e earl of Bedford] the lord Bedford BOOK IV. 164 J . 94 THE HISTORY were frequent speakers. The lord Falkland was wonderfully beloved by all who knew him, as a man of excellent parts, of a wit so sharp, and a nature so sincere, that nothing could be more lovely. The other was generally esteemed as a good speaker, being a man of an universal understanding, a quick comprehension, a wonderful menlory, who cOlnmonly spoke a at the end of the debate; when he would recollect all that had been said of \veight on all sides with great exactness, and express his own sense with much clearness, and such an application to the house, that no man more gathered a general concurrence to his opinion than he; which was the more notable, because his person, and manner of speaking, "\vere ungracious enough; so that he pre- vailed only by the strength of his reason, which ,vas enforced "\vith confidence enough. b The king knew them to be of good esteem in the house, and good affections to his service, and the quiet of the kingdom; and was more easily per- suaded to besto,v those preferments upon theIn, than the lord Falkland was to accept that which was de- signed to him. No man could be more surprised than he was, when the first intimation C was made to him of the king's purpose: he had never pro.. posed any such thing to himsel nor had any vene- ration for the court, but only such a loyalty to the king d as the law required frolD him. And he had naturally a ,vonderful reverence for parlialllents, as believing them most solicitous for justice, the viola- a spoke] spake his most intimate conversation. b confidence enough.] MS. C intimation] insinuation adds: His infirmities were known d the king] the person of the only to his nearest fl.iends, or king those who were admitted into OF THE REBELLION. 95 tion w hereo in the least degree, he could not for- ß 0 0 K give any mortal power: and it was only his obser- IV. vation of the disingenuitye and want of integrity in 1641. this parliament f, which lessened that reverence to it, and had g disposed him to cross and oppose their designs: he was so totally unacquainted with busi- ness, and the forms of it, that he did believe really he could not execute the office with any sufficiency. But there were t\VO considerations that made most impression upon him; the one, lest the world should believe, that his own alnbition had procured this promotion; and that he had therefore appeared sig- nally in the house to oppose those proceedings, that he Inight thereby render himself gracious to the court: the other, lest the king should expect such a submission, and resignation of himself, and his own reason, and judgment, to his c0111mands, as hé should never give, or pretend to give; for he ,vas so severe an adorer of truth, that he could as easily have given himself leave to steal as to dissemble; or to suffer any man to think that he would do any thing, which he resolved not to do; which he thought a more mischievous kind of lying, than a positive averring what could be most easily contra- dicted. It was a very difficult task to Mr. Hyde, who had most credit with him, to persuade him to sublnit to this purpose of the king's h cheerfully, and with a just , sense of the obligation, by promising, that in those parts of the office, which required most drudgery, he would help him the best he could i. But, above all, e disingenuity] uningenuity i he could] illS. adds: anrl _ f parliament] Not in MS. would quickly inform hÌIn of all g had] which had the necessary forms. h the king's] the king BOOK IV. 1641. 96 'l HE HISTORY he prevailed \vith him, by enforcing the ill conse- quence of his refusal to take the office, "\vhich ,vould be interpreted to his dislike of the court, and his opinion, that more would be required from hiln than 11e could honestly comply with, which would bring great prejudice to the king: on the other hand, the great benefit that probably would redound to the king, and the kingdom, by his accepting such a trust in such a general defection, by which he ,vould have opportunity to give the king a truer infor111a- tion of his own condition, and the state of the king- dotu, than it might be presumed had been given to him, and to prevent any counsels, or practice, ,vhich might more alienate the affections of the people fron1 the government; and then, that by this rela- tion he would be 1110re able to do the king service in the house, where he was too well kno\vn to have it believed, that he attained to it by any un\vorthy means or application. In k the end, be was per- sua ed to submit to the king's good pleasure, though he could not be prevailed ,vith to accept it 1 with so good a grace, as might raise in the king any notable expectation of his departing from the severity of his own nature. Thus he and Colepepper were m both invested in those offices, to the no sn1all displeasure of the go- verning party, ,vhich could not dissemhle thcir in- dignation, that any of their melnhers should pre- sume to rcceive those preferments, which they had designed other,vise to have disposcd of. They took all opportunities to express their dislike of tJlcm, k In] And in I be prevaiJeù with to accept it] pre\yail upon himself to do it m Thus he and Colepepper were] Anù so they were OF THE REBELLION. and to oppose any thing they proposed to then1. And \vithin fe,v days there came a letter out in print, pretended to be intercepted, as \vritten from a ROlnan catholic to another of the saBle profession, in \vhich he gives an account, " That they had at " last, by the interest of their friends, procured those " t\VO honourable n persons" (before Inentioned) 0 "tobe " preferred to those offices, and that they were wen " assured that they ,vould be ready to do thei11, and " all their friends, all good offices." Sir John Cole- pepper thought fit to take notice of it in the house, and to nlake those professions of his religion, \vhich he thought necessary. But the lord Falkland chose rather to contenln it, without taking notice P of the libel, ,veIl kno,ving that he ,vas superior to those calulnnies, as indeed he ,vas; all of that profession kno,ving that he ,vas most irreconcileable to their doctrine, though he was al \vays civil to their per- sons. However grievous this prefernlent ,vas to the angry part of the house, it ,vas very grateful to all those, both within and \vithout the house, who wish. ed ,veIl to the king and the kingdol11. The king at the sanle time resolved to relTIOVe another officer, ,vho did disserve bim notoliously, and to prefer Mr. Hyde to that place; with ,vhich his gracious intentions his Inajesty acquainted hÎ1n; but he positively refused it, and assured hÎ111, "That " he should be able to do n1uch nlore service in the " condition he was in, than he should be, if that " were inlproved by any preferment, that could be " conferred upon him at that tÎ111e;" and he added, " that he had the honour to have lnuch friendship n honourable] noble o before mentioned] who are YOI . II. D1entioned before p notice] any notice H 97 BOOK IV. 1641. BOOK IV. ] 641. 98 TIlE HISTORY " with the two persons, ,vho ,vere very seasonably " advanced by his Inajesty, when his majesty's ser- "vice in the house of commons did, in truth, 'v ant "some countenance and support; and by his con- "versation with them, he should be so ,veIl in- "structed by them, that he should be 1110re useful " to his Inajesty, than if he were under a nearer l e- "lation and dependence." The king, ,vith a very gracious countenance, told hhn, "that he perceived " he must, for some time, defer the laying any ob- "ligation upon him: but bid r him be assured he " ,vould find both a proper tin1e, and a suitable pre- " ferment for him, ,vhich he should not refuse. In " th (]nean time, be said, he knew ,veIl the friend- "ship bet\veen S the t\VO persons, 'v hOlD he had " taken to his council, and him; which ,vas not the " least motive to him to ll1ake that choice; and that "he would depend as much upon t his advice, as " UIJon either of theirs; and therefore wished that " all three would confer together, how to conduct "his service in the house, and to advise his friends " how to carry themselves n10st to the advantage of " it, and to give him constant advertisement of ,vhat " had passed, and counsel ,vhen it was fit for him to " do any thing; and declared, that he \vould do no- " thing, that in any degree concerned, or related to, " his service in the house of comlnons, without their " joint advice, and exact con1munication to thcln of " all .his own conceptions;" which, without doubt, his lllajesty did at that time steadfastly resolve, though in very few days he did very fatally s,verve from it u . r bid] bade 8 between] that was between t upon] at least upon U swen'e from it] MS. adds: OF THE REBELLION. By what hath been said before, it appears, that the lord Digby ,vas l11uch trusted by the king, and he was of great falniliarityand friendship with the other three, at least with two of then1; for he ,vas not a man of that exactness, as to be in the entire confidence of the lord Falkland, ,vho looked upon his infirn1ities ,vith n10re severity than the other two did; and he lived with n10re frankness towards those two, than he did towards the other: yet even be- tween those t,vo x there ,vas a free conversation and kindness to each other. The lord Digby ,vas Y a man of very extraordinary parts by nature and art, and had surely as good and excellent an education as any Inan of that age in any country: a graceful and beautiful person; of great eloquence and be- con1ingness in his discourse, (save that son1etÏ111es he seelned a little affected,) and. of so universal a knowledge, that he never ,vanted subject for a dis- course: he ,vas equa] to a very good part in the greatest affairs, z but the unfittest lnan alive to con- duct thenl, a having an alnbition and vanity superior to all his other parts, and a confidence in himself, b ,vhich sOll1etimes intoxicated, and transported, and exposed him. He had from his youth, by the dis- obligations his family had undergone from the duke of Buckingham, and the great n1en ,vho succeeded hin1, and SOll1e sharp reprehension hÏ1nself had met ,vith, which obliged him to a country life, contracted and so giving him the liberty to repair to either of their m es- ties in the same place, when- ever he thought fit, he was very graciously dismissed. x even between those two] between them two Y The lord Digby was] He was z affairs,] affair, a them,] it, b in himself,] peculiar to him.. self, H2 99 BOOK IV. J G41. BOOK IV. 1641. ]00 THE HIS'rORY a prejudice and ill-,vill to the court; and so had in the beginning of the parliament engaged hinlself with that party,vhich discovered most a' ersion frolll it, with a passion and aninlosity equal to theirs, C and therefore very acceptable to them. But ,,,hen he ,vas ,yeary of their violent counsels, and ,vithdre,v hilnself frolll thell1 with sonle circumstances which enough provpked them, and made a reconciliation, and mutual confidence in each other for the futurc, manifestly hnpossible amongst theln d; he luade pri- vate and secret offers of his service to the king, to ,,,honl, in so general a defection of his servants, it could not but he very agreeable: and so his Inajesty being satisfied, both in the discoveries he made of ,vhat had passed, and in his IJrofessions for the fu- ture, reluoved hÍln froln the house of commons, where he had rendered hi111self marvellously ungracious, and called him by ,vrit to the house of peers, ,yhere he did visibly advance the king's service, and quick- ly rendered hinlself grateful to all those ,vho had not thought too ,veIl of hhn before, ,vhen he deserved less; and lnen ,vere not only pleased ,vith the as- sistance he gave upon all dehates, by his judgment and vivacity, hut looked upon hinl as one, ,vho could derive the king's pleasure to them, and Blake a lively representation of their good del11eanour to the king, ,vllich he ,vas very luxuriant in prol1lising to do, and officious enough in doing as luuch as ,vas just. He had been instrlullental in pro1110ting the three persons above 11lentioned to the king's favour; and had hilnself, in trutll, so. great an esteenl of thcIn, tllat he did very frequently, upon conferencc toge- c theirs,] their own, d amongst them] Not in MS. OF r.rHE REBELLION. 101 ther, depart from his own inclinations and opinions, and concuITed in theirs; and very few men of so great parts \vere, e upon an occasions, more counsel- lable than he; so that he would seldoln be in danger of running into great errors, if he would con1nluni- cate and expose aJl his own thoughts and inclina- tions to such a disquisition; nor was f he uninclin- able in his nature to such an entire comn1unication in all things which he conceived to be difficult. But his fatal infirn1ity was,g that he too often thought h difficult things very easy; and considered not i pos- sible consequences, ,vhen the proposition adn1inister- ed son1ewhat that ,vas k deJightful to his fancy, by I pursuing whereof he imagined he should m reap SOlne glory to hin1self, of which he was n imn10derately ambitious; so that, if the consultation were 0 upon any action to be done, no n1an more Íl11pJicitly en- tered P into that debate, or more cheerfully resigned q his own conceptions to a joint determination: but when it was r once affirlnatively resolved, (besides that he n1ight S possibly reserve some Ílnpertinent circlunstance, as he thought, t the iInparting whereof \vould change the nature of the thing,) if his fancy suggested u to hin1 any particular, which hÍInself lnight perform in that action, upon the imagination that every body would approve it, if it were pro- e were,] are, f was] is g was,] is, h thought] thinks i considered not] doth not consider k was] is 1 by] and by m imagined he should] Ima- BOOK IV. 1641 . gines he shall 11 was] is o were] be P entered] enters q resigned] resigns r was] is 8 might] may t thought,] thinks, u suggested] suggests HS 10 THE HISTORY posed to them, he chose x rather to do it, than com. 111unicate it,Y that he might z have some signal part to hin1self in the transaction, in which no other per- son might a claim a share. By this unhappy temper he did often involve him- self in very unprosperous attell1pts. The king hÍ1n- self ,vas the unfittest person alive to he served by such a counsellor, being too easily inclined to sudden enterprises, and as easily startled b when they were entered upon. And from this unhappy cOlnposition in the one, and the other, a very unhappy counsel ,vas proposed, C and resolution taken, without the least cOffi111unicatiou ,vith either of the three, who (1 had been so lately admitted to an entire trust. 1-'he bishops, \vho 1}ad been, in the manner before spoken of,e driven and kept froin the house of peers, and not very secure in their o\vn, could not have the patience to attend the dissolution of this storm, which in \visdon1 they ought to have done: but con- sidering right and reason too abstractly, and \vhat in justice ,vas due, not what in prudence was to be expected, suffered then1selves implicitly to be guided by the archbishop of York, \vho ,vas of a restless and overweening spirit, f to such an act of indiscre- tion, and disadvantage to thelTISelves, that all thcir enelnies could not have brought upon them. This bishop,g as is said, \vas a n1an of a very imperious BOOK IV. 164 I. x chose] chooses Y communicate it,] to com- Juunicate, z nlight] lnay a nlight] can b startled] amazed C proposed,] entered upon, d who] which e who had been, in the lnanner before spoken of,] who were in this Inanner f restless and overweening spirit,] proud, restless, over.. weening spirit, g This bishop,] The follow- ing paragraph immediately pre- OF THE REBELLION. .. 103 and fiery temper, Dr. Williams, who had been bi- BOOK IV. shop ùf Lincoln, and keeper of the great seal of 164 ] . cedes this in the MS.: The bill, which had been so irregularly brought into the house of com- mons, for the putting the bi- shops out of the house of peers, was carried in that house by being called upon in thin houses, and the fatal negligence of those, who could never be induced to attend the service in which their country had trusted t.henl and to which in truth all the calamities that afterwards befell the kingùolll are to be imputed; the number of those who disliked, and, when they were present, opposed those se- ditions proceedings, being much superior to the other; who, by their artifices in the continuing and prosecuting their ill de- signs, but especially by their indefatigable industry, prevailed in wh!1t they went about. But when it came into the house of peers, it found no reception answerable to their expecta- tion; it was permitted to be read, with great opposition; and, being once read the num- ber of those who opposed it was so IDuch greater than the other which favoured and ad- vanced it, that they could have no reasonable hope of ever being able to get it passed there; and this opposition put them to their wits ends: so that, being with- out any other hope, they re- sorted to their last remedy, which had once before served their turn in the destruction of the earl of Strafford. And the rabble of apprentices, and in- ferior persons of the city, flock- ed in great multitudes about the house of peers, crying out even at the doors of the house, that they would have no bi- shops; and as the bishops pass- ed towards the house, to per- form their duty, they stopped their passage, and would not suffer them to go in; and as- saulted the persons of others, and pulled and tore their ha- bits frOln their backs; treating likewise some members of the house of commons very rudely, as they passed upon nlessages and conferences between the two houses; when they used those of the members who were grateful to tIlem with great re- spect and observance; and those with whom they were displeas- ed, wIlen they could sever them frolll the rest: they crowded, and pressed, and trod upon; and bad several papers. in their bands, which they read with a loud yoice, standing upon the tabJe, and in other places of the court of requests, in which they read the names of several per- sons, under the style of persons disaftècted to the kingdom; a- mongst which, sir John Strange.. ways was the first and l\Ir. H,:de was tIle second, and then thë lord Falkland, and sir John Colepepper; and the next who were most troublesome to them, were likewise nominated. And when complaint was made to the house of commons for this disorder and breach of privi- lege, it was turned into mirth, and the names of the persons required of those who com- H4 104 '-.rHE HISr.rORY England in the tÏ1ne of king James. Mter his re- moval from that charge, he had lived splendidly in his diocese, and 111ade hinlse]f very popular an10ngst those \vho had no reverence for the court; of which he would frequently, and in the presence of many, speak with too luuch freedom, and tell In any stories of things and persons upon his o,vn former expe- rience; in which, being a n1an of great pride and vanity, he did not ahvays confine himself to a pre- cise veracity; and did often presume, in those un- wary discourses, to Inen tion the person of the king with too little reverence. He did affect to be thought an enen1Y to the archbishop of Canterbury; ,vhose person he seemed exceedingly to conten1n, and to be n1uch displeased with those cerelnonies and innovations, as they \vere then called, ,vhich were countenanced by the other; and had hiulself published, by his own authority, i a book against the using those ceren10nies, in ,vhich there was luuch good learning, and too little gravity for a bi- shop. His passion and his levity gave every day great advantages to those who did not love hinl; nOOK IV. 164 I. plained, and who could not be supposed to know any of that rabble; which Inade very many of the members of the house forbear to give their attendance there, out of real apprehension of danger to their persons. It was in t.he time of the Christ- lllas holydays, which gave the greater opportunity to the tu- n1ults; and in which parlia- n1ents had never used to sit; and when very 111any of the house of comlnons had, accord- ing to their custom, retired into the country, to keep the Christ- mas with their neighbours, ac- cording to the good old fashion of England. There was among the bishops one of a very imperious and fiery ten1per, Dr. \Villiams, who had been keeper of the great seal of England, and bishop of Lincoln; after his ren10val froln t11at church, he had lived, &0. i published, by his OWlI au- thority,] written and published in his own name, and by his own authority, OF THE REBELLION. 105 and he provoked too many, not to have those ad- vantages n1ade use of: so that, after several infor- mations against him in the star-chamber, he was sentenced, k and fined in a great sun1 of money to the king, and comn1itted prisoner to the Tower, without the pity or compassion of any, but those, who, out of hatred to the government, were sorry that they were without so useful a champion; for he appeared to be a lTIall of a very corrupt nature, whose passions could have transported him into the most unjustifiable actions. He had a faculty of making relations of things done in his own presence, and discourses made to himself, or in his own hearing, with all the circum- stances of answers and replies, and upon arguments of great lTIOment; all which, upon exanIination, ,vere still found to have nothing in then1 that ,vas real, but to be the pure effect of his o,vn invention. After he was sentenced in the star-chalnber, some of his friends resorted to hinI, to lament and condole with him for his misfortune; and some of then1 seemed to wonder that, in an affair of such a nature, he had not found means to have n1ade some submission and composition, that might have prevented the public hearing, ,vhich proved so nIuch to his prejudice in point of reputation, as \vell as profit. He answered theln with all the forn1ality imaginable, " that they " had reason indeed to wonder at him upon the " event; but when they should know how he had "governed hilnself, he believed they would cease to " think him worthy of blame." And then related to BOOK IV. 1641. k he was sentenced,] Thus in less crimes than for peljuryand ,.,18.: he was sentenced for no subornation of perjury, 106 THE HISTORY I 64 J . then1, "that as soon as publication had passed in "his cause, and the books \vere taken out, he had " desired his council (who were all able lnen, and " some of them very eminent) in the vacation time, "and they at most leisure, to meet together, and " carefully to look over, and peruse all the evidence " that was taken on both sides; and that then they "would attend l hin1 such a n10rning, which he ap- " pointed, upon their consent, at his o\vn house at " 'Vestminster : that they caIne at the time appoint- " ed; and being then shut up in a room together, he " asked them, 'v hether they had sufficiently perused " all the books, and \vere throughly informed of his " case? To \vhich they all ans\vered, that they had "not only read then1 all over together, but had " severally, every lllan by himself, perused them m "again, and they believed they ,vere all well in- " formed of the whole. That he then told them, he " had desired this conference with thenl, not only " as his council, by whose opinion he meant to go- " vern hinlself, but as his particular friends, who, he "was sure, ,vould give him their best advice, and " persuade hiIn to do every thing as they would do " theulselves, if they were in his condition. That " he was now offered to n1ake his peace at court, by " such an Inunble subulission to the king, as he was " 1110St inclined and ready to Inake; and \\T hich he ",vould luake the next day after his cause ,vas " heard, though he should be declared to be inno- " cent, of \vhich he could nlake no doubt: but that ",vhich troubled him for the present \\raS, that the " infalllousness of the charge against hiIn, which had nOOK IV. J attend] all attend m thell1] Not in iUS. OF THE REBELLION. 107 " been often exposed, and enlarged upon in several " motions, had been so lnuch taken notice of through " the kingdon1, that it could not consist with his ho- " nour to divert the hearing, which would be im- " puted to his \vant of confidence in his innocence, " since men did not suspect his courage, if he durst " rely upon the other; but that he \vas resolved, as " he said Lefore, the next day after he should be vin- " dicated fron1 those odious aspersions, he ,vould cast " himself at the king's feet, \vith all the hUIl1ility " and submission, \vhich the 1110st guilty In an could " make profession of. It \vas in this l)oint he de- " sired their advice, to ,vhich he ,vould, \vithout ad- "hering to his o\vn inclination, entirely conform " hin1self; and therefore desired them, singly in 01"- " der, to give hinl their advice. He repeated the " several and distinct discourse every man had luade, " in \vhich he \vas so punctual, that he applied those " phrases, and expressions, and Dlanner of speech to " the several luen, \v hich they were all taken notice " of frequently to use; as lnany lnen have SOll1e pe- " culiar \vords in discourse, ,vhich they are most de- " lighted \vith, or by custom Inost addicted to: and " in conclusion, that they were ul1anÍ1nous in their " judgll1ents, that he could not, \vith the preserva- " tion of his honour, and the opinion of his integrity, " decline the public hearing; where he lllUSt be un- "questionahly declared innocent; there being no " crin1e or misdelneanour proved against hin} in " such a manner, as could make hÍ1n liable to cen- " sure: they all comnlended his resolution of sub- " mitting to the king, as soon as l1e had Inade his " innocence to appear; and they all advised hÍ1n to "pursue that method. This, he said, had s,vayed BOOK IV. 1641. 108 THE HISTORY 1641. " him; and ßlade him decline the other expedient, " that had been proposed to him." This relation wrought upon those to \yhon1 it \vas l11ade, to l aise a pl ejudice in then1 against the j us- tice of the cause, or the reputation of the council, as they were DIOSt inclined; whereas there was not in- deed the least shadow of truth in the ,vhole relation; except that there was such a meeting and confer- ence, as was n1entioned, and which had been con- sented to by the bishop, upon the joint desire and importunity of all the council; ,vho, at that confer- ence, unanimously advised and desired hÏ1n, "to use " all the means and friends he could, that the cause "might not be brought to hearing; but that he " should purchase his peace at any price; for that, if " it were heard, he ,vould be sentenced very griev- "ously, and that there were many things proved "against him, which would so 111uch reflect upon " his honour and reputation, and the more for being " a bishop, that all his friends would abandon hinl, "and be for eveI'll after ashall1ed to apvear on his "behalf." \tVhich advice, with great passion and reproaches upon the several persons for their pre- sUlnption and ignorance in matters so flluch above them, he utterly and scornfully rejected. Nor in- deed was it possible, at that tÏ1ne, for him to have lnade his peace; for though, upon sonle foriner ad- dresses and ilnportunity on his behalf, by some per- sons of power, and place in the court, in which the queen herself had endeavoured to have done hinl good offices, the king was inclined to have saveù him, being a bishop, from the infalny he Inust un- BOOK IV. n for ever after] ever after OF THE REBELLION. 109 dergo by a public trial; yet the bishop's vanity had, in those conjunctures, so far transported hiIn, that he had done all he could to have o insinuated, " that " the court ,vas ashamed of 'v hat they had done; and " had prevailed with some of his po,verful friends to " persuade hin1 to that composition:" upon which the king ,vould never hear 1110re any person, ,vho moved on his behalf. I t had been once 11lentioned to hinl, ,vhether by authority, or no, was not known, "that his peace " should be made, if he would resign his bishopric, " and deanery of \Vestminster," (for he hadp that in c01Junen(Za1Jl,) "and take a good bishopric in Ire- " land;" ,vhich he positively refused; and said, " he " had much to do to defend himself against the arch- " bishop here: but if he ,vas q in Ireland, there ,vas " a man (meaning the earl of Strafford) 'v ho would " cut off his head ,vithin one month." This bishop had been for some years in the Tower, by the sentence of the star-chamber, before this par- lianlcnt Inet; ,vhen the lords, who \vere the n10st active and po,verful, presently resolved to have hin1 at liberty. SOll1e had l11uch kindness for hhll, not only as a kno\vn enenlY to the archbishop of Canter- bury, but as a supporter of those opinions, and those persons, ,vhich were against the church itself. And he ,vas no sooner at liberty, and brought into r the house, but, as has been before mentioned, S he de- fended and seconded the lord Say, when he made an invective, \vith all the nlalice and bitterness ima- ginable, against the archbishop, then in prison; and o hm"c] have it r he had] hc held q he was] he were .. into] in S as has been before nlcntion- ed,] Not in MS. BOOK IV. ] 64] . 110 THE HISTOI1Y J 641. when he had concluded, that bishop said, "that he "had long known that noble lord, and had al,vays " believed him to be as well affected to the church " as himself;" and so he continued to make all his address to that lord, and those of the same pa.rty. Being now in full liberty, and in some credit and re. putation, he applied himself to the king; and Inade all possible professions of duty to his Inajesty, and zeal to the church; protesting "to have a perfect " detestation of those persons, who appeared to have " no affection or duty to\vards his nlajesty, and oft " all evil intentions against the religion estahlished ; "and that the civilityU he had expressed to,vards " them \vas only out of gratitude for the good-,vill " they had shewed to hÌln; and especially that he " nlight the better pr01110te his majesty's service." And it being his turn shortly after, as dean of 'Vest- minster, to preach before the king, he took occasion to speak of the factions x in religion; and lnention- iog the presbyterian discipline, Y he said, "it ,vas a "government only fit for tailors and shoelnakers, " and the like, not z for noblelnen and gentlenlen :" which gave great scandal and offence to his great patrons; to Wh0111 he easily reconciled hin1self, hy making them as nlerry with some sharp sayings of the court, and by perfornling more substantial offices for then1. 'Vhen, upon the trial of the earl of Strafford, it was resolved to decline the judglnent of the house of peers a, and to proceed by bill of attainder; and BOOK IV. t of] Not in MS. u civility] civilities x factions] factious Y presbyterian discipline,] pres byterians t z not] and not n of peers] Not in MS. OF THE REBELI...ION. 111 thereupon it was very unreasonably moved, "that " the bishops might have no vote in the passing that " act of parliament; because they pretended it ,vas " to have their hand in blood, which \vas against an "old canon ;" this bishop, ,vithout communicating with any of his brethren, very frankly declared his opinion, "that they ought not to he present;" and offered, not only in his own name, but for the rest of the bishops, " to ,vithdraw always ,vhen that busi- " ness was entered upon :" and so betrayed a funda- mental right of the whole order; to the great pre- judice of the king, and to the taking a,vay the life of that person, who could not otherwise have suffered. And shortly after, ,vhen the king declared, that he neither ,vould, nor could in conscience, give his royal assent to that act of attainder; when the tu- mults came about the court with noise and clamour for justice; the lord Say desired the king to confer with his bishops for the satisfaction of his conscience; and desired him to speak ,vith that bishop in the point. After much discourse toge her, and the king insisting upon many particulars, ,vhich 111ight induce others to consent,b but were known to himself to be false; and therefore he could never in conscience give his own consent to theln; the bishop, as hath been nlentioned before, C alnongst other argunlents, told him, " that he must consider, that as he had a " private capacity, and a public, so he had a public " conscience, as ,veIl as a private; that though his " private conscience, as a Inan, would not perlnit " him to do an act contrary to his own understand- b consent,] consent to, fore,] Not in lJ-lS. C as hath been Inentioned be- BOOK IV. 1641. 11 THE HIS'rORY 16-11. " ing, judgnlent, and conscience; yet his public con- " science, as a king, which obliged hÏ1n to do all " things for the good of his people, and to preserve " his kingdoln in peace for hinlself and his posterity,d " \vould not only pernlit hinl to do that, but even " oblige, and require hiIn. That he saw in \vhat " C01111110tion the people were; that his o,vn life, and " that of the queen's, and the royal issue, ll1ight pro- " bably be sacrificed to that fury; and it ,vould be "very strange, if his conscience should prefer the " life of one single private person, how innocent so- " ever, before all those other lives, and the preserva- " tion of the kingdom." This was the argumentation of that unhappy ca- suist, ,vho truly, it may be, did believe hin1self; for towards the end of the ,val", and ,vhen the king's power declined, he, being then an archbishop, did in person assist the rebels e to take a castle of the king's ; in which there ,vas a garrison, and ,vhich \vas taken f by a long siege; because he might therebyg the better enjoy the profits of his own estate, ,vhich lay thereabouts. Upon h all these great services he had performed for the party,i he grew every day more imperious; and after the king thought it necessary to make him archbishop of York, ,vhich, as the time then ,vas, could not qualify hinI to do more harm, and might possibly dispose and oblige hiIn to do some good;k he carried himself so insolently, in the house and out BOOK IV. d posterity,] prosperity, e did in person assist the re- bels] took a commission from the rebels f was taken] he did take g thereby] lJ;lS. adds: and by being himself governor there h Upon] Notwithstanding i the party,] them, k some good;] more good; OF THE REBELLION. 113 of the house, to all persons, that he became much more odious universally, than ever the other arch- bishop had been; having sure more enenlies than he, and few 01'1 no friends, of which the other had abundance. And the great hatred of this man's per- son and behaviour, was the greatest invitation to the house of COllllllons so irregularly to revive m that hill to renlove the bishops; and was their chief n en- courageillent to hope, that the lords, who had re- jected the fornler, \vould now pass, and consent to this second bill. This was one of the bishops, who ,vas most rudely treated by the rabble; who gathered th mselves to- gether about the house of peers, crying out, No bi- 8"0]J8, no bisho}J8: and his person 0 was assaulted, and robes torn from his back; upon \vhich, in very just displeasure, he returned to his house, the deanery at \Vestnlinster; and sent for all the bishops \vho ,vere then in the to\vn, (it being \vithin very fc,v days of Christmas,) of \vhich there 'v ere t,vel ve or thirteen; and, in nluch passion, and \vith his natural indignation, he proposed, as absolutely necessary, " that they lllight unaniulously and presently pre- "}Jare a protestation, to send to the house, against " the force that was used upon them; and against " all the acts, which were, or should be done during " the tin1e that they should by force be kept fron1 " doing their duties in the house." And Ïtnl11edi- ately, having pen and ink ready, hinlself prepared a protestation; ,vhich, being read to thenl, they all ap- proved; depending upon his great experience in the I few or] Not in IJ1S. m revive] recei ve YOIH II. n chief] only o his person] whose person I BOOK IV. 1641. 114 '-rHE HISTORY 164 J . rules of the honse, 'v here he had sat so many years, and in SOllle parlialllents in the place of speaker, whilst he was keeper of the great seal; and so pre- suming that he could cOlnmit no error in matter or forIn: and without further comnlunication and ad- vice, 'v hich both the ÍInportance of the subject, and the distemper of the time, did require; and that it l1light have been considered as well \vhat was fit, as what was right; without further delay, than what was necessary for the fair writing, and engrossing the instrument they had prepared; they all set their hands to it. Then P the archbishop ,vent to 'Vhite- hall to the king, and presented the protestation to hill1; it being directed to his majesty, with an hum- ble desire, that he would send it to the house of peers, since they could not present it themselves; and that he would comuland that it should be en- tered in the journal of the house. His nlajestyQ casting his eye perfunctorily upon it, and believing it had been drawn by mature advice, no sooner re- cei ved it, than he deli vered r it to the lord keeper, ,vho unfortunately happened to be like,vise present, ,vith his command that he should deliver it to the house as soon as it met; ,vhich ,vas to be within t,vo hours after. The petition f' contained these ,vords : BOOK IV. The peti- 7'0 the king',y 1710ld excellent llzajesty; an,l t.qe lor{ls tion and 1 bl 1 . l . }lrotestation ant peer.y now llS,Yenl e 111 par l{l'JJle71t. of the bi- . . . slJOps to the" The hUlllhie petItIon and protestatIon of an the king and " b . h d I t II d I I . house of IS ops an pre a es, now ea e )y JlS Ina- Jords. "jesty's writs to attend the parliament, and P Then] And then 4i-lis majesty] And his majesty r delivered] did deli,yer , The petition] 'Vhich petition OF THE REBELLION. 115 "present about London and Westminster, for " that service. " That, \vhereas the petitioners are caned up by " several and respective ,vrits, and under great pe- " nalties, to attend in parlian1ent; and have a clear " and indubitable right to vote in bills, and other " matters whatsoever debatable in parlialuellt, by "the ancient customs, la\vs, and statutes of this " reahn; and ought to be protected by your n1a- " jesty, quietly to attend, and prosecute that great " service: " They humbly relnonstrate, and protest before " God, your luajesty, and the noble lords and peers " now assembled in parliament; that as they have " an indubitable right to sit and vote in the house " of lords, so arc they (if they l11ay be protected fron1 " force and violence) n10st ready and willing to per- " forn1 their duties accordingly; and that they do " abominate all actions or opinions tending to popery " and the maintenance thereof; as also all propen- " sion and inclination to any In align ant party, or any " other side or party \vhatsoever, to the \v hich theÍ1 "o,vn reasons and consciences shall not lTIOVe then1 " to adhere. " But, whereas they have been at several tÏ1nes " violently Inenaced, affronted, and assaulted by mul- " titudes of people, in their cOB1ing to perform their " services in that honourable house; and lately chased " away, and put in danger of their lives, and can find " no redress, or protection, upon sundry cOlnplaints " made to both houses in these particulars: " They like\vise hUlnbly protest before your ß1a- " jesty, and the noble house of peers, that, saving to " theB1seives all thcir rights anù interests of sitting I 2 BOOk IV. I 64 ) . 116 TIlE HISTORY 1641 . " and voting in that house at other times, they dare " not sit, or vote in the house of peers, until your " majesty shall further secure them fron1 all affronts, " indignities, and dangers in the premises. " Lastly, ,vhereas their fears are not built upon " fantasies and conceits, but upon such grounds and "objects as may well terrify Inen of good resolu- "tions, and much constancy; they do in all duty " and humility protest, before your ll1ajesty, and the " peers of that most honourable house of parlialnent, " against all laws, orders, votes, resolutions, and de- "tern1inations, as in then1selves null, and of none " effect, which in their absence, since the seven and "t,ventieth of this instant month of December, 1641, " have already passed; as likewise against all such, "as shall hereafter pass in that most honourable " house, during the tin1e of this their forced and ,,.io- " lent absence from the t said most honourable house; " not denying, but if their absenting tben1selves were "wilful and voluntary, that ll10St honourable house " lnight proceed in all these premises, their absence, " or this their protestation, notwithstanding. " And humbly beseeching your most excellent ma- " jesty to cOlnn1and the clerk of the U house of peers " to enter this their petition and protestation amongst " the x records; BOOK IV. Jo. Eborac. Tho. DUrelnJle. Rob.Cov. L. ..Jo.1\r o 'ru'ich. " They will ever pray, &c." (Signed) Jo.A ;([phe'Jl. lJIa. Ely. Guil.Ba.ßs lVells. Go (lfr. GlOllC. Geo.Herif. Jo.Peterburgk. Rob. O rfOJ1. .JIor. Llau(lu.ff. t the] their 11 the] that x the] hi OF 'l HE REBELLION. 117 It \vas great pity, that, though the archbishop's }Jassion transported hÏ1n, as it usually did; and his authority imposed upon the rest, ,vho had no affec- tion to his person, or reyerence for his \visdom; his majesty did not take a little tÏIne to consider of it, before he put it out of his po\ver to alter it, by put- ting it out of his hands. For it might easily have been discerned by those ,vho were well acquainted with the humour, as well as the temper, of both houses, that sonle advantage and ill use would have been made of SOlne expressions contained in it; and that it could produce no good effect. But the same 1110tÎ\ r e and apprehension, that had precipitated the bishops to so hasty a resolution, (which was, that the house of peers would have made that use of the bi- shops being kept fronl the house, that they would in that tinle have passed the bill itself for taking a,vay their votes,) had its effectsY like,vise ,vith the king; who had the sanle Ìlnagination, and therefore ,vould lose no tinle in the translnission of it to the }louse. \Vhereas it is more probahle z , the lords would never have nlade use of that very season, whilst the tUlllults still continued, for the passing an act of that iInportance; and the scandal, if not invalidity of it, \vollld have been an unanswerable ground for the king to haye refused his royal assent to it. As soon as this protestation, a which, no douht, in the time before the house ,vas to meet, had been communicated to those who ,vere prepared to speak upon it, ,vas delivered by the lord keeper, ,vith his majesty's cOll1nland, and l ead; the governing lords BOOK IV. 1641. )' effects] effect z it is lllOre probable] Not in ftlS. a this protestation,] the pro- testation, 13 118 THE HISTORY BOO K luanifcsted a great satisfaction in it; some of them IV. saying," that there was (ligitlls Dei to bring that 1641. "to pass, \vhich they could not otherwise have com- " passed;" and without ever declaring any judgment or opinion of their own upon it, which they ought to have done, the nIatter only having relation to them- selves, and concerning their o,vn nlelnbers; they sent to desire a conference presently with the house of The protes- commons, upon a business of in1portance: and, at tatioll is de- . Jivered by the conference, only read and delivered the protesta- the ]ords · f h b . h h h . 1 h I d k to the house tlon 0 t e IS OpS to t em; \V IC 1, t e or eeper ?f commons told theln he had received from the kin g 's own hand Iß a confer- , , ence. ,vith a cOllllnand to present it to the house of peers b . The com- The house of COlnmons took very little tinle to COl1- ß10ns ac- . d f h b . h . h If b h cuse the bi- SI er 0 t e matter; ut, 'VIt In a an our, t ey shops that th I d d . h Ii h · subscribed sent up to e or s; an , 'VIt out urt er exanlIna- it of high tion, accused then1 all, ,,,ho had subscribed the pro- treason, and they testation, of high treason; and, by this lneans, they are com- . mitted to \vere all, the '\Thole twelve of thenI, comillitted to the Tower.. d · d . h T t . ll th bill .e prIson; an remalne In t e ower 1 e lor the putting theln out of the house was passed, which ,vas not till Illany months after. 'Vhen the passion, rage, and fury of this tÍIne hall be forgotten, and posterity shall find, anIongst the records of the supreIne court of judicature, so Inany orders and resolutions in vindication of the liberty of the subject, against the Í1uprisoning of any man, though by the king himself, without assigning such a crime as the law hath deternlined to be ,vorthy of imprisonll1ent; and in the same year, by this high court, shall find t,vel ve bishops, l11elnlJers of this court, committed to prison for high treason, for the h of peers] Not in MS. OF THE REBELLION. 119 presenting this protestation; men ,viII surely ,vonder at the spirit of that reformation: nd even that clause of declaring all acts null, which had been, or should be, done in their absence, in defence of ,vhich no man then durst open his mouth, will be thought good la,v c and good logic; not that the presence of the bishops in that tÍlne ,vas so essential, that no act should pass without them; ,vhich had given them a voice, upon the 111atter, as negative as the king's ; and themselves, in their instrument, disclaÎ1ned the least pretence to such a qualification; but because a violence offered to the freedo111 of anyone 111elnber, is a violation to all the rest: as if a council consist of threescore, and the door to that council be kept by armed men, and an such, whose opinions are not liked, kept out by force; no doubt the freedo111 of those ,vithin is infringed, and all their acts as void and null, as if they were locked in, and kept \,Tithout l11eat till they altered their judgments. And therefore you shall find in the journals of the 1110st sober parliall1ents, that, upon any eminent breach of their privileges, as always upon the COffi- Initment of any men1ber for any thing said or done in the house, sOlnetÎl11es upon less occasions, that house, ,vhich apprehended the trespass, \vould sit mute, without debating, or handling any business, and then adjourn; and this hath been practised many days together, till they had redress or reparation. And their reason was, because their body was lal11e; and what was befallen one melllber, threatened the rest; and the consequence of one act might extend itself to many other, which were not in view; and BOOK IV. 1641. f: g-oorllaw 1 both good I:\\v I 4 ' lQO 'l"HE HISTORY 1641. this made their privileges of so tender and nice a tenlper, t11at they were not to be touched, or in the least degree trenched upon; and therefore that in so apparent an act of violence, where d it is not Dlore clear that they were comnlitted to prison, than that they durst not then sit in the house, and when it was lawful in the house of peers e for every dissenter in the Inost trivial debate, to enter his protesta- tion against that sense he liked not, though he ,vere single in his opinion; that it should not be la,vful for those, ,vho could not enter it themselves, to pre- sent this protestation to the king, to whom they ,vere accountable under a penalty for their absence; and nnla,vful to that degree, that it should render them culpable of high treason; and so forfeit their honour, r their Ii ves, their fortunes, expose their names to per- petual infanlY, and their wives and chi]dren to pe- nury, and want of bread; ,viII be looked upon as a detern}ination of that injustice, ÏInpiety, aud horror, as could not be believed without those deep ßlarks and prints of confusion, that follo,ved and attended that resolution. And yet the indiscretion of those bishops, s,vayed hy the pride and passion g of that arch bishop, h in applying that renlcdy at a time, "rhen they sa\v all fOl'lns and rules of judglnent inlpetuously dec1ined; and the po,ver of their adversaries so great, that the la\vs thelnsclves suLlnitted to their oppression; that they should, in such a storl11, ,vhen the best pilot was at his prayers, and the card and cOlnpass lost, BOOK IV. d where] when e in the house of peers] Not in iUS. f honour,] honours, g passion] insolence h that archbishop,] that anti.. prelatical archbishop, OF THE REBELLION. 1 1 \vithout the advice of one mariner, put themselves in such a cockboat, and to be severed from the good ship, gave that scandal and offence to all those who passionately desired to preserve their function, that they had no con1passion, or regard of their persons, or what becan1e of theln; insomuch as in the ,vhole debate in the house of COl11mons, there was only one gentleman, who spoke i on their behalf, and said, "he did not believe they were guilty of high trea- " son, but that they ,vere stark mad; and therefore " desired they 111ight be sent to Bedlan1." This high and extravagant way of proceeding brought no prejudice to the king; and though it made their tribunal Dlore terrible to men ,vho la- boured under any guilt, yet it exceedingly lessened the reverence and veneration that formerly had been k entertained for parliaments: and this last accusation and comn1itlnent of so many bishops at once, was looked upon by all sober men with indignation. For whatever indiscretion might be in the thing itself, though some expressions in the matter n1ight be un- skilful and unwarrantable, and the form of present- ing and transmitting it irregular and unjustifiable, (for all which the house of peers might punish their o\vn lnelnbers, according to their discretion,) yet every man knew there could be no treason in it; and therefore the end of their comn1itn1ent, and the use all men sa,v would be Dlade of it, lnade it the more odious; and the members who were absent from both houses, which 'v ere three parts of four, and many of those who had been present, abhorred the proceedings, and 1 attended the houses 1110re di- i spoke] spake k that fonnerly had been] that generally was 1 and] Not in JUS. BOOK IV. 1641. 1 2 'l'HE HIS'l'ORY ligently; so that the angry party, who were no nlore treated with, to abate their fury, ,vould have been compelled to bave given over all their designs for the ãlteration of the governn1ent both in church and state; if the volatile and unquiet spirit of the lord Digby had not prevailed \vith the king, contrary to his resolution, to have given then1 SOllIe new ffi advan- tage; and to depal't froln his purpose of doing no- thing, without very mature deliberation ß. Though sir 1Villiall1 Balfour, who is already n1en- tioned, 0 had, froll} the beginning of this parlianlent, forgot P all his obligations to the king; and had made himself very gracious to those people, whose glory it was to be thought enemies to the court; and, whilst the earl of Strafford ,vas his prisoner, did nlany offices not becolning the trust he had from the king, and contributed much to q the jealousy, which that party r had of his lnajesty; upon which there had been a long resolution to remove hin} from that charge; but to do it ,vith his o,vn consent, that there might be no manifestation of displeasure; yet it was a very unseasonable conjuncture, \vhich \vas taken to execute it in; s and this whole transaction was so secretly carried, that there ,vas neither notice nor t suspicion of it, till it ,vas heard, that sir 'fho111aS Lunsford ,vas sworn lieutenant of the Tower; a lnan, "\vho, u though of an ancient falllily in Sussex, was of BOOK IV. J 641. m new] Not in MS. n without very mature delibe- ration] Not in lJlS. o already Inentioned,] nlen- tioncd before, 1) forgot] (according to the natural custom of his country) forgot q contributed lunch to] ad- ministered n1uch of r that party] they S execute it in;] illS. adds: paying him such a considerable sum of money as wcll pleased him; t nor] or 11 who,] Nul in 1118. OF THE REBELLION. lQ3 a very small and decayed fortune, and of no good education; having been few years before cOl1Ipelled to fly the kingdom, to avoid the hand of justice fOl" some riotous misdemeanour; by reason whereof he spent some time in the service of the king of France, where he got the reputation of a Dlan of courage, and a good officer of foot; and in the beginning of the troubles here had some command in the king's army; but so much inferior to lnany others, and was so little known, except upon the disadvantage of an ill character, that, in the most dutiful tÎlne, the pro- l1).otion would have appeared very ungrateful. x He \vas utterly a stranger to the king, and therefore it \vas quickly understood to proceed from the single election of the lord Digby, to \vhom he was likewise very little known; who had in truth designed that office to his brother sir Lewis Dives, against \vhom there could have been no exception, but his relation: but he being not at that time in town, and the other having some secret reason y to fill that place in the instant \vith a DIan who might be trusted; he sud- denly resolved upon this gentlelnan, as one who would he faithful to him for the obligation, and exe- cute any thing he should desire or direct; which was a reason, he lnight easily have foreseen, would provoke 11lore po,verful opposition; ,vhich error, as is said before, was repaired by the sudden change, and putting in sir John Byron; though it gave little sa- tisfaction, and the less, by reason of another nIore inconvenient action, \vhich changed the whole face of affairs, and caused this to he more Z reflected upon. x ungrateful.] Îllgl'ateful. y reason] MS. adds: (which was not a good one) 7 more] the n10re BOOK IV. 1641. 1!l4 THE HISTORY BOOK In the afternoon of a day when the t,vo houses IV. sat, Herbert, the king's attorney, inforl11cd the house Th ;_ of peers, that he had son1e,vhat to say to then1 frolll ney general the king; and thereupon, having a paper in his Herbert ac- cnses in the hand, he said, that the king con1n1anded hin1 to ac- house of d K . lords the cuse the lor Ill1bolton, a lllenlber of that house, o O ]d and five gentlel11en, who ,vere all menlbers of the b five m f em h - house of con1IDons, of hi g h treason; and that his ma- ers 0 t e bouse of jesty had hinlself delivered him in ,vriting several commons,. . of high trea- artIcles, UPOll whIch he accused thenl; and he a son. read in a paper these ensuing art.icles, by 'v hich the lord Kinlbolton, b Denzil Hollis, sir Arthur Haslerig, 1\11'. Pym, 1\11'. Hambden, and Mr. Strode, stood ac- cused of high treason, for conspiring against the king and the parliament. Th articles Articles of high treasoll, C and òfher 'JJlis(leJJlean- a1{amst .: 1 l 1 X . b l 71 r P them. ours, {[galJlst tile or(. Oil 0 lOll, .1u.r. glJl, JoInt HlllJlblle'J/, Dell;:,il Hollis, sir Arthur Ha- sle1 ig, uJlc11VilliaJJl Biroele, '})le1Jlbers of tIle llouse of C01JllnOlts. 1. " That they have traitorously endeavoured to " subvert the fundamental la,vs and governn1cnt of " this kingdonl; and deprive the king of his regal " power; and to place on his subjects an arbitrary " and tyrannical power. 2. ""That they have endeavoured, by many foul " aspersions upon his 111ajesty, and his government, " to alienate the affections of his people, and to Inake " his Inajesty odious to them. a and he] and thereupon he })-18. from which they are copied, b lord Kimbolton,J lord l\Ian- viz. ..118. C. is (t long introduc- deville, tion, on the state of the kiug's C Articles of high treason,] affairs, which will be found in Previous to these articles, in the the Appendix, 1. OF THE REBELLION. lU 8. " That they have endeavoured to draw his ma- "jesty's late army to disobedience to his majesty's " command, and to side with them in their traitorous " design. 4. " That they have traitorously invaded, and en- " couraged a foreign power to invade his majesty's " kingdom of England. 5. " That they have traitorously endeavoured to " subvert the very rights and beings of parliaU1ent. 6. " That, for the completing of their traitorous " designs, they have endeavoured, as far as in them " lay, by force and terror to c0111pel the parliament " to join with them in their traitorous designs, and, " to that end, have actually raised and countenanced " tumults against the king and parliament. 7. "That they have traitorously conspired to levy, " and actually have levied, war against the king." BOOK IV. 1642. The house of peers was some,vhat appalled at this alarulll; but took tin1e to consider of it, till the next day, that they might see how their Inasters the com- n10ns would behave themselves; the lord Kimbolton heing present in the house, and 111aking great pro- fessions of his innocence; and no lord being so hardy to press for his commitlnent on the behalf of the king. At the same tin1e, a sergeant at a1'l11S del11anded to A sergeant . at arms fie- be heard at the house of commons fro111 the kIng; mands the d 1 . J!: h b d d d h fi \'e mem- an Jelng sent lor to tear, eman e t e persons bers in the of five of their l11elnbers d to be delivered to him in house of COIlllllons. his n1ajesty's name, his majesty having accused them of high treason. But the con1mons were not much surprised with the accident; for besides that they quickly knew \vhat had passed \vith the lords, some d five of their members] the five mcmbcrs 126 THE HISTORY BOOK servants of the king's, by especial warrant, had vi- IV. sited the lodgings of some of the accused nlen1bers, ) 642. and sealed up their studies and trunks; upon infor- Ination whereof, before that e sergeant came to the house, or public notice \vas taken of the accusation, an order ,vas made by the comnlons; " That if any " person whatsoever should come to the lodgings of ,. any Inember of that house, and there offer to seal " the doors, trunks, or papel s of such Inelnbers, f or " to seize upon their persons; that then such nleln- " ber should require the aid of the next constable, " to keep such persons in safe custody, till the house " should give further order: that if any person \vhat- " soever should offer to arrest or detain any nlelnber " of that house, \vithout first acquainting that house " therewith, and receiving further order from thence; " itg should be lawful for such member to stand upon " his guard, and make resistance, and forh any per- "son to assist him, according to the protestation " taken to defend the privileges of parliament." And so, \vhen the sergeant had delivered his message, he was no lTIOre called in; but a message sent to the king, " that the members should be forthcoming as " soon as a legal charge should be prefen ed against " thenl ;" and so the house adjourned till the next day, everyone of the accused persons taking a copy of that order, which was Inade for their security. 'The king The next day in the afternoon, the king, attended goes to the . . house of only by hIS o\vn usual 1 guard, and son1e fe\v gentle- commons h h I . h . · I to L1emand l11en, W 0 put t elnse ves Into t ell company In t Ie them. way, came to the house of commons; and cOlnluand- e that] the f members,] rnember, g it] that it h for] Not in MS. i usual] Not in MS. OF THE REBELLION. 1 7 ing all his attendants to ,vait at the door, and give k offence to no lnan; hiInself, with his nephe\v, the prince elector, went into the house, to the great alnazelnent of all: and the speaker leaving the chair, the king ,vent into it; and told the house, " he ,vas sorry for that occasion of coming to them; " that yesterday he had sent his sergeant at arlns "to apprehend some, that, by his command., were " accused of high treason; whereunto he expected " obedience, but instead thereof he had received a "D1essage. He declared to them, that no king of " England had been ever, or should be, more care- " ful to tnaintain their privileges, than he would be ; " but that in cases of treason no Ulan had privilege; ." and therefore he came to see if any of those per., " sons, 'VhOl1l ]le had accused, ,vere there; for he " ,vas resolved to have thein, \vheresoever he should " find them: and looking then about, and asking " the speaker \vhether they \vere in the house, and " he ulaking no ans\ver, he said, he perceived the " birlls lvere all flown, but expected they should be " sent to him, as soon as they returned thither; and " assured theln in the word of a king, that he never "intended any force, but would proceed against " them in a fair and legal \vay;" and so returned to 'Vhitehall. The accused persons, upon infornlation and intel- ligence what his n1ajesty intended to do, ho\v se- cretly soever it \vas carried at court, having with- dra\vn from the house about half an hour before the king came thither; the house, in great disordei , as soon as the king ,vas gone, adjourned till the next k give] to give BOOK IV. 1642. BOOK IV. 1642. IQ8 THE HISTORY day in the afternoon; the lords being in so great apprehension upon notice of the king's being at the house of commons, that the earl of Essex expressed a tender sense he had of the inconveniences which ,vere like to ensue those divisions; and lTIoved, " that " the house of peers, as a work very proper for them, " would interpose between the king and his people; " and mediate to his majesty on the behalf of the " persons accused ;" for which he \vas reprehended by his friends, and afterwards laughed at hinlself, when he found how much a stronger defence they had, than the best n1ediation could prove on their behalf. Ho\v secretly soever this aflàir was carried, it was evident that the king's resolution of cODling to the house had been discovered,Y by the }nenlbers with- drawing themselves, and by a composedness, which appeared in the countenances of nlany, who used to be disturbed at less surprising occurrences; and though the purpose of accusing the ll1embers was only consulted between the king and the lord Digby; yet it was generally believed, that the king's purpose of going to the house \vas comn1unicated to Z 'Villiaul 1\1urray of the bed-chamber, ,vith wholn the lord Digby had great friendship; and that it was dis- covered a by hhn. And that lord, who had prolniscd the king to l1love the house for the C0111Dlitlnent of the lord Kinlbolton, as soon as the attorney general should have accused hiln, (,vhich if he had done ,vould probably have raised a very hot dispute in the house, where many would have joined \vith J]im,) never Y the king's resolution of com- ing to the house had been dis- covered,] the coming of the king to the house was discovered, z to] wi th n discovereù] betrayed OF THE IIEBELI ION.. 1 9 spoke b the least \vord; but, on the contrary, seenled the most surprised and perplexed with the attorney's impeachlnent; and sitting at that tilne next the lord Kimbolton, C ,vith whonl he pretended to live ,vith much friendship, he whispered him in the ear ,vith some conunotion, (as he had a rare talent in dissi- mulation,) "that the king was very mischievously " advised; and that it should go very hard, but he ",voltld know ,vhence that counsel proceeded; in " order to which, and to prevent further mischief, he " ,vould go immediately to his majesty;" and so ,vent out of the house. 'Vhereas he was the only person ,vho gave the counsel, named the persons, and particularly the lord I{inlbolton, cl (against WhOlTI less could be said, than against many others, and who \vas more generally beloved,) and undertook to prove that the said lord Kilnbolton told p the rabble, ,vhen they \vere about the parliament-house, that they should go to \Vhite- hall. 'Vhen f he found the ill success of the impeach- nlent in both houses, and how unsatisfied all were \vith the proceeding, he advised the king the next Inorning to go to the guildhall, and to inforlTI the n1ayor and aldermen of the grounds of his proceed- ings ; g which ,viII be mentioned anon. And that people might not believe, that there ,vas any dejec- tion of mind, or sorrow, for what was done; the saIne night, the saine council caused a proclaulation to he prepared for the stopping the ports; that tlll\ b spoke] spake (' next the lord I{ imbolton,) next to the lord l\Iandeville, Ù particularly the lord Kiu1- bolton,] particularly named the YOI..h II. lord Mandeville, e the said lord Kimb<1ltol1 told] he bade f'Vhen] And when g proceeùings ;] proceeding; K BOOK IV. }6-12. 130 'f H} HIS'l'()H, \Y BO 0 K accused persons nlight not escape out of the king- IV. dOIU; and to forbid all persons to receive and har- 1642. bour thelu : ,vhen it was well kno\vn, that they,vcre all together in a house in the city, without any fear of their seculity. And all this was done without the least cOlnmunication with any body, but the lord Digby, who advised it; and, it is very true, was so willing to take the utmost hazard upon himself, that he did offer the king, when he knew in ,vhat house they were together, with a select company of gentle- lnen, who would accompany hÏ111, ,vhereof sir Tholnas Lunsford was one, to seize upon them, and bring theln away alive, or leave them dead in the place: but the king liked not such enterprises. That night the persons accused rell10ved them- selves into their strong hold, the city: not that they dUI'st not venture themselves at their old lodgings, for no man would have presumed to trouble them, but that the city might see, that they relied upon that place for a sanctuary of their privileges against violence and oppression; and so Inight put on an early concernment for them. And they were not disap- pointed; for, in spite of all the lord nlayor could do to compose their distempers, (who, like a very wise and stout Inagistrate, bestirred himself,) the city was that whole night in arms; some people, designed to that purpose, running fronl 'one gate to another, and crying out, "that the cavalier,fI were " coming to fire the city;" and sonle saying, " that " the king hinlself \vas in the head of theln." The ing The next nlorning, the king, being informed of gues 1Oto . the city, and nluch that had passed that night, accordIng to the speaks to. . I d the citizens. adVICe he had receIved, sent to the or Inayor to call a COlnUlon council ilnn1ediately; and about ten The per- sons ac- cused re- move into the city. OF THE REßEI LION. 131 of the clock, hill1self, attended only by three or four lords, went to the guildhall; and in the room, ,vhere the people ,vere asselnbled, told thenl, " he ,vas very " sorry to hear of the apprehensions they had enter- " tained of danger; that he was come to theIn, to " shew how much he relied upon their affections for "his security and guard, having brought no other " with hhn ; that he had accused certain men of high " treason, against w honl he would proceed in a legaJ " way; and therefore he presumed they ,vould not " shelter theln in the city." And using Dlany other very gracious expressions of his value of theIn, and telling one of the sheriffs, (who ,vas of the t"TO thought less inclined to his service,) "that he would " dine with him," he departed ,vithout that applause and cheerfulness, \vhich he Inight have expected from the extraordinary grace he vouchsafed to theine And in his passage through the city, the rude people flocked h together, and cried i out, " Privilege of par- "lialnent, privilege of parlianlent;" sonle of thenl pressing very near his o,vn coach, and alllongst the rest one calling out ,,,,ith a very loud voice, .., "ro " your tents, 0 Israel." IIo,vever the king, though Inllch n1ortified, continued his resolution, taking little notice of the dist{\InperS; and, l1aving dined at the sheriff's, returned in the afternoon to "Thitehall ; aHd published, the next day, a proclalnation for the ap- prehension of all thosp, \v honl he had k accused of high treason, forhidding any person to harhour thenl ; the articles of their charge heing like,visC' printed and dispersed. 'Vhen the house of COlnn10ns next 111et, none of II Aorkrd] Hot.king · cried] (,I"yi up, K2 " had] Not in IJIS. nOOK IV. 1642. ISQ TIlE HISTORY BOO K the accused. lnelnbers appearing, they had friend IV. enough, who ,yere weIll instructed to aggravate the 1642. late proceedings, and to put the house into a thou- sand' jealousies and apprehensions, and every slight circun1stance carried ,veight enough in it to disturb their nlinds. They took very little notice of the ac- cusing the lnenlbers; but the king's cOIning to the house, ,vhich had been never kno,vn before, and de- claring, "that he ,vould take thell1 ,vherever tn he " found thein, was an evidence, that he Ineant hin1- " self to have brought a force into the house, to ap- " prehend theIn, if they had been there;" and n ,vas looked upon as the highest breach of privilege that could possibly be in1agined. They ,, ho spokeo Inost passionately, and probably n1cant as Inaliciously, lJe- hayed theu1selves ,vith Inodesty, and seenled only concerned in "That concerned the]l1 all; and con- cluded, after Inany lamentations, " that they did not " think then1selves safe in that house, till the Ininds " of lllen ,vere better composed; that the city ,vas "full of apprehensions, llnd ,vas very zealous for "their security; and therefore ,vished that they "Inight adjourn the parlianlent to Ineet in some " place in the city." But that 'vps found not prac- ticable; since it ,vas not in their own po,ver to do it, ,vithout the consent of the peers, and the concur- rence of the king; who were both like rather to The house choose a place lnore distant from the city. So, P ,vith of commons . adjourning In ore reason, In the end they concluded, " that the } ; :: :es " house should adjourn itself for two or three days, da)'s, n m tt e " and name a COlllll1ittee, ,vhoq should sit both l11orn- a COlllilll ee to sit in the city : 1 weB] well enough m wherever] where n and] Not in .IUS. o spoke] spake P So,] And, q who] which OF THE REBELLION. 133 " ing and afternoon in the city;" and all who came BOO K to have voices: and l\lerchant-Tailors' hall was ap- IV. pointed for the place of their meeting; they who 1642. served for London undertaking, " that it should be " ready against the next nlorning:" no man oppos- ing or contradicting any thing that was said; they, \vho fornlerly used to appear for all the rights and authority which belonged to the king, not knu\ving what to say, between r grief and anger that the vio- lent party had, by these late unskilful actions of the court, gotten great advantage, and recovered ne,v spirits: and the three persons before nanled, without \vhose privity the king had prolnised that he would enter upon no counsel, S were so nluch displeased and dejected, that they were inclined never nlore to take upon them the care of any thing to be transacted in the house: finding already, that they could not avoid heing lookcd upon as the authors of those counsels, to \vhich they were so absolute strangers, and which they so perfectly detested. And in truth, they had then withdra\vp theul- selves ii"Olll appearing often in the house, but upon the abstracted consideration of their duty and con:' science, and of the present ill condition the king ,vas in ; "rho likewise felt \vithin himself the trouble and agony ,vhich usually attends generous and magna- ninlous nlinds, upon their having conlmitted errors, which cxpose thcln to censure and to damage. In fine, the house of COllllllons adjourned for some days, to consult with thcir friends in the city; and the The lords . likewise house of lords held so good correspondence wIth adjourning thcIn, that they likewise adjourned to the saIne days h ays. T between] and between S no counsel,] no new counsel, K3 nOOK IV.. 1642. The trans- actions of the com- mittee in the city. 134 THE HISTORY they knew, by SOllle intelligence, the commons t in- tended to lneet again. But the lords lllade no com- mittee to sit in the city. '\Then the cOlnnlittee met the next morning at Merchant- Tailors' pall, ,vhere all who caIne were to have voices, and ,vhither all did COlne at first, out of curiosity to observe what Dlethod they lueant to pro- ceed in, rather than expectation that they should be able to do any good there; they found a guard ready to attend them, of substantial citizens in arn1S, and a con1nlittee frolll the C01111110n council, to bid thenl \VCICOll1C into the city; and to assure theIn, " that "the city \vould take care, that they and all their " Inenlbers should be secured froln violence; and to " that purpose had appointed that guard to attend "theIn, ,vhich should be al\vays relieved t\vice a "day, if they resolved to sit morning and after- " noon ;" and acquainted them further, "that the " COInmon. council, in contenlplation that they might " stand in ,vant of any thing, had like,vise appointed "a cOffilnittee of so many aldermen, and such a " number of the comn10n council, ,vhich should nleet " alwaysU at a place named, at those bours, \vhicn " that COlll111ittee should appoint to 11leet at; to the " end that, if any thing were to be required of the " city, they might still kno,v their pleasure, and takc " care that it should be obeyed." Thus x they had provided for such a 111utual comlnunication and con- federacy, that they Inight be sure ahvays to be of one mind, and the one to help the other in the pro- secution of those designs and expedients, ,vhich they t the commons] they 11 meet always] always lneet x Thus] And thus OF THE REBELLION. 135 should find necessary to their COlnnlon end: the com- mittee of the city consisting of the most en1inent persons, alderlTIen and others, for their disaffection to the governlllent of church and state. At their first sitting, the COllllllittee begun Y ,vith the stating the manner of the king's coming to the house, and all he did there; the several members Inentioning all that they would take upon then1 to reolember of his majesty's doing or speaking, both as he came to the house, and after he was there; some of them being walking in 'Vestminster-hall when the king walked through, and so caIne to the house with him, or near him; others reporting what they heard Z SOine of the great men, a who attended his Inajesty, say, as they passed by; every idle word having its COlTIlnentary; and the persons, whoever were nanIed, being appointed to attend; they having po,ver given thelll to send for all persons, and to ex- anline theln touching that affair. N or had any luan the courage to refuse to obey their SUffilnons ; so that all those of the king's servants, who were sent for, appeared punctually at the hour that was assigned them; and were examined upon all question , which anyone of the cOlllmittee would propose to them, whereof nIany were very impertinent, and of little respect to the king. It was very well known where the accused per- sons were, all together in one house in Colelnan- street, near the place where the committee sat; and ,vhither persons trusted passed to and fro to comnlU- nicate and receive directions; but it was not season- Y begun] began 7 heard] had heard a great men ] gentlemen, K4 BOOk IV. 1642. BoOK 1\'. 1642. 136 'l'HE HIS'rOR"Y able for theln b yet to appear in public, and to COllIe and sit with the con11nittee, or to own the believing that they thought then1selves safe fronl the violence and the assaults of the court; the po\ver \vhereof they exceedingly contelllned, whilst they seelned to apprehend it: nor was it yet time to model in what luanneI' their friends in the city and the country should appear concerned for them; in preparing whereof no tin1e was lost. Against the daye the house was to meet, the first adjournment not being for above two or three days, the cOlnlnittee had prepared matter enough for a re- port; a relation of all they had discovered upon their examinations, and such votes as they thought fit to offer upon the breach of their privilege; that they ßIight thereby discover the affections of the house, of ,vhich they could not yet take any Ineasure, see- ing d there had been no debate since those accidents, which could discover the general temper; ,vhich they well enough kne,,' ,vas not before to their ad- vantage. In the lnean time, they used all the ways they could to asperse those, \v ho used to oppose theIn, as the contrivers of the late proceedings; and were willing they should know it; which they ÌIna- gined ,vould restrain them frolll taking the same li- berty they had used to do. e b seasonable for them] time for theln c the day] the time d seeing] since e used to do.] lWS. ad(ls: And some friends of l\Ir. IIyde, who loved hin1 very well, told him under what reproach he lay, which was the greater by his known friendship in the lord Digby; and advised him so to carry himself in the debates which should arise upon that n1atter, that it luight evidently appear that he did not approve of it, or was privy to it. And so at their meeting, &c. O:F 'THE ItEBELLION. 137 And so at their n1eeting in the house, upon the BOO h. IV. report of the con1mittee, they declared, " That the " king's con1Ïng to the house, and demanding the vo :4o . " persons of divers men1bers thereof to be delivered the house .. .. of commons " unto hun, ,vas a hIgh breach of the rIghts and prl- upon their . 1 f 1 . d .. t . th th first meet- " VI eges 0 par lament, an Inconsisten WI e ing again. "liberty and freedom thereof: and therefore that " they could not with the safety of their own per- " sons, or the indemnity of the rights and privileges " of parliaillent, sit there any longer, without a full "vindication of so high a breach, and a sufficient " guard, wherein they might confide; and for that " reason did order, that their house should be again " adjourned for four days; and that the committee " should Ineet in the saIne place, to consider and re- " solve of all things, that Inight concern the good " and safety of the city, and the kingdom; and par- " ticularly how their privileges lnight be vindicated, " and their persons secured; and should have power " to consult and advise with any person or persons, " touching the prelllises." And this order and de- claration being nlade, they adjourned; the last clause being intended to bring their men1bers to theIne At the ll1eeting of the house, the comlnittee had informed thenl, first of the great civilities they had received froln the city in all the particulars, that tIley nlight have order to return the thanks of the \vhole house, which they easily obtained; and, at their return, they took more examinations than they had forlnerly; by which they 111ade a fuller relation of the king's coming to the house, and his carriage and words there. And because it was visible to all men, that the king was so far froln bringing any force with hiIll, ,vhich they desired it should be be.. BOuK IV. J 6.J2. 138 THE HIS'rORY lieved he had brought/ that he had only his guard of halberdiers, and fe,ver of them than used to go with hirn ong any ordinary motion; and that fewer of his gentlenlen servants were then with hiIn, than usually attended hirn when he went but to ,valk in the park; and had only their little swords; they ,vere very punctual in mentioning any light or loose words, which had fallen from any nlan, that it nright be believed that there was nlore in the l1latter. As they carefully inserted in their relation, that one of the \vaiters, as he \valked very near his nlajesty through the hall, said, "he had a good pistol in his pocket ;" and that another, as they were ,valking up the stairs towards the house of conllllons, called out, Fallon; fronl ,vhich they would have it believed, that there had been very bloody intentions. Then they proposed h some votes to be offered to the house, in which they voted" the relation, ,vhich "was nlade, to be true; and thereupon, that the " king's cODling to the house i was the highest hreach " of the privilege of parlialnent that could be nlade; " and that the arresting, or endeavouring to arrest, " any Inenlber of parliament, was a high breach of " their privilege; and that the person, who ,vas so " arrested, nlÏght lawfully rescue and redeelll him- " self; and that all \vho were present, and sa,v the "privilege of parlialuent so violated, 111ight and "ought to assist the injured person in his defence, " and to procure his liberty with force." And these votes the house confirlued, \vhen they \vere reported: f it should be believed he had brought,] should be belie,'ed, g on] upon h proposed] offered j coming to the house] COlll- ing to the house in that nmn- ner OF THE REBELLION. 139 though, in the debate, it was told them, k " that they " lllust take heed, that they did not, out of tender- ,- ness of their privilege, which was and nlust be very " precious to every man, extend it further than the " law would suffer it to be extended: that the house " had always been very severe upon the breach of " any of their privileges, and in the vindicating those "nlembers, ,vho were injured; but that the dis- "posing men to n1ake thenlselves judges, and to " rescue thclnselves or others, lllight be of evil con- " sequence, and produce ill effects; at least if it " should fall out to be, that the persons ,vere ar- "rested for treason, or felony, or breach of the " peace; in either of which cases, there could be no " privilege of parliament." This, though a known truth to any, who kne,v any thing of the law, was received with noise and clam our, and with ,vonder- ful evidence of dislike, and son1e faint contradictions, " that no such thing ought to be done whilst a par- " liall1ent was sitting:" and then, falling upon the late action of the king, and the merit of those per- ons, and without luuch contradiction, which was found to be ungrateful, the house confirmed all that the comluittee had voted; and then adjourned again for SOl1le days, and ordered the committee to meet again in the city; which they did morning and after- noon, and prepared other votes of a brighter allay, and 1110re in the face of the king and the la,v, every day adding to the fury and fierceness of the prece- dent. The house n1et and sat, 1 only to confirnl the k though, in the debate, it was told them,] Original/II t/ws in JUS. ß.: which caused some debate, and l\ir. Hyde (notwith- standing the good advice that had been given to him) told them, I The house met and sat,] And the house meeting and sit- ting, BOOK IV. 1642. 140 'rHE HIS'TOlt y B 0 U h. votes which were passed by the cOllllnittee, and to IV. })rosecute such lnatters as ,vere by concert brought 1642. to thein, by petition fron1 the city; ,,?hich was ready to advance any thing they were directed: and so, whilst the members yet kept themselves concealed, Inany particulars of great Ïlnportance were transacted in those short sittings of the house. The king about this tillle, having found the in- convenience and mischief to himself of having no servant of interest and reputation, and who took his business to heart, in the house of C01111110nS, had 111ade the lord Falkland and sir John Colcpepper, both men1bers of that house, and of unblenlished re- putations and confessed abilities, of his privy coun- cil; and the one, the lord Falkland, his }Jrincipal secretary of state, and sir John Colepepper, chancel- lor of the exchequer; as is said before. And so, hav- ing no\v gotten two counsellors about hiln, ,vho clurst trust one another, and who \vere both fit to be trust- ed by him, which he had been without above a year past, to his and the kingdom's irreparaule disad van- tage; he thought fit to publish a declaration to aU his subjects, in answer to the remonstrance he had lately received fro111 the house of COlnmons, and \\'as The hing's dispersed throughout the kingdom. In which, \vith- answer to the house of out the least harpl1ess or return of the m language commosn' h h d . d h k . " f h r. d fonner re- e a receIve, e too notIce 0 t e J.ears an monstrance." jealousies," (for those were the new ,vords, \vhich served to justify all indispositions, and to excuse all disorders,) " \\' hich nlade Ïlnpression in the Ininds of " his people, with reference to their religion, their li- " berty, or their civil interests. ' m the] that OF THE REBEl,LION. 141 " As to their religion, n he observed the fears to " be of two sorts; either as ours here established " Inight he invaded by the ROlnan 0 party; or as it " was accompanied ,vith some ceren10nies, at 'v hich " some tender consciences or P really were, or pre- " tended to be, scandalized. For the first, as there " lnight be any suspicion of favour or inclination to " the papists, he said, he was willing to declare to all " the world, that, as he had been brought up froln " his childhood in, and practised that religion, which " ,vas established in the church of England; so he " believed he could, having given a good part of his " tin1e and pains to the exalnination of the grounds " of it, as it differed from that of ROD1e, maintain " the same by unans,verable reasons; and hoped he " should be ready to seal it with q the effusion of his " hlood, if it should please God to call hin1 to that " s crifice: and that nothing could be so acceptable " to hin1, as any proposition, ,vhich n1Ïght contribute " to the advancelnent of it here, or r the IJrOpagation " of it abroad; this S being the greatest means to " dra,v down a blessing fron1 God upon hhnself, and " this nation; and if this profession of his ,vas ,vant- " ing to his people, he thought hin1self extrelnely " unfortunate, for that his constant practice in his " o,vn person had al,vays been, without ostentation, " as n1uch to evidence t his care and duty therein, as , " he could possibly tell ho\v to express. " As 11 for matters of ceremony, he said, he ,voldd, n " As to their religion,] :For religion, o Roman] Uomish 1l or] Not in Jl.'\. q with] by r or] as S this) Not in iUS. t to evidence] to the evidence of .\1 As] Not in l1S. nOOK IV. 1642. BOOK IV. J 6 12. 14 THE HISTORY " in tenderness to any nU111ber of his loving subjects, " he ,villing to comply ,vith the advice of his parlia- " ment, that some la\v should he 111ade for the ex- " el11ption of tender consciences frOlll punishluent or " prosecution for neglecting x such cerelnonies; and " in such cases, \vhich by the judgn1ent of most n1en " are held to be matters indifferent, and of son1e to "be absolutely unlawful. Provided that that case "should be attel11pted, and pursued with that Ino- " de sty, temper, anù submission, that in the mean " time the peace and quiet of the kingdon1 should "not be disturbed, the decency and comeliness of " God's service not Y discountenanced, nor the pious, &, sober, and devout actions of those reverend per- " sons; who were the first labourers in the blessed " reforn1ation, or of that time, be scandalized and "defamed. For, he said, he could not, without grief " of heart, and without son1C tax upon hÎ1nself and "his Ininisters for the not execution of the Ia,vs, " look upon the bold licence of SOlne IHen in printing " of pamphlets, in preaching and printing of sern10ns " so full of bitterness and l11alice against the present " governn1ent, against the la,vs established; so full " of sedition against his o\vn person, and the peace " of the kingdon1; that he \vas n1any titnes al113zcù " to consider by ,vhat eyes those things \\rere seen, " and by what ears they 'v ere heard. " Concerning the civil liberties and interests of " the subjects, he said, he should need say the less, " having erected so Inany lasting n10nun1cnts of his " princely and fatherly care of his people, in those "excellent laws passed by hhn this parlian1ent; :It neglecting] Not in MS. )' not] Not in MS. OF THE REBELLION. 148 " ,vhich, with very lunch content to hiD1self, he said, "he conceived to be so large and ample, that very " n1any sober men had little z left to ,vish for of that "kind. He told then1, he very well understood the " rights and particular advantages, he had departed " from in many of the acts he had passed; and there- " fore he had reason to hope, as he had taken all oc- " casions to render their condition D10st cOlnfortable " and happy; so they ,vould, in grateful and dutiful " return, a be always ready ,vith equal tenderness " and alacrity to advance his rights, and prefer b his " honour, upon \vhich their own security and sub- "sistence so luuch depended; and no particular "should be presented unto him for the cOlnpleting " and establishing that security, to the which he " would not ,vith the same readiness contribute his " best assistance. He said, if those resolutions were " the effects of his present counsels, and he took God " to \vitness that they were such, and that his suh- " jects might confidently expect the benefit of them " from hhn, certainly no ill design upon the public "could accompany such resolutions; neither could " there be great cause of suspicion of any persons " preferred by him to degrees of honour, and places " of trust and employment, since this parliament: " and therefore, that amongst his misfortunes he " reckoned it not the least, that, having not retained "in his service, nor protected anyone person, " against ,vhom the parlialnent had excepted, during " the whole sitting of it; and having in all that tilue " scarce vouchsafed to any ll1an an instance of his z little] very little ;t return,] relation, h prefer] pre cr\'e nOOK IV. ] 642. BOOK IV. ,16-12. 144 THE HISTORY " favòur or grace, but to such \vho \vere under sOlne " elninent character of estÏ1nation an10ngst the peo.. " pIe, there should so soon be a n1isunderstanding C " or jealousy of their fidelity and uprightness; espe- " cially in a time, \yhen he took all occasions to de- " clare, that he conceived hin1self capable of being " served only d by honest luen, and in honest \vays. " Ho\vever, if he had been mistaken in such his " election, the particular should no sooner be disco- "vered to hin1, either by his own observation, or " other certain inforn1ation, than he \vould leave " then1 to public justice, under the marks of his dis- "pleasure. I not\vithstanding this, any Inalignant " party should take heart, and be willing to sacrifice " the peace and happiness of their country to their " own sinister ends and alnbitions, under what pre- " tence of religion and conscience soever; if they " should endeavour to lessen his reputation and in- " terest, and to \veaken his lawful power and authori- " ty \vith his good subjects; if they should go about, " by discountenancing the present laws, to loosen the " bonds of governn1ent, that all disorder and confu- " sion might break in; he doubted not, but God in " his good tin1e \vould discover theln; and the wis- " dom and courage of his high court of parlian1ent " would e join with hin1 in their suppression and " punishn1ent. " Having said all he could, to express the clear- " ness and uprightness of his intentions, and done all "he could to nlanifest those intentions, he said, he C be a misunderstanding] be an) 111isunderstanding ùcapaLle of being served only] only capable of being sern d e would] Not ill ..118. OF 1.'HE REBELLION. 145 " could not but confidently believe, all his good sulJ- " jects would acknowledge his part to be fully per- " forlned, both in deeds past, and present resolutions " to do what with justice might be required of hin1 ; " and that their quiet and prosperity now depended " wholly on thelnselves,_and was in their own po\ver, " by yielding all obedience and due reverence to " the la\v; which is the inheritance of every subJect, "and the only security he can have for his life, li- " berty, and estate; and the which being neglected " or disesteemed, under what specious shows soever, " a great measure of infelicity, if not an irreparable " confusion, must without doubt fall upon then1. " And he doubted not, it would be the most accept- " able declaration a king could make to his subjects, " that he was not only resolved to keep f the laws " hinlself, hut to l11aintain them against what oppo- " sition soever, though \vith the hazard of his being. " He hoped the loyalty and good affections of all his "subjects would concur with hiIn in the constant , preserving a good understanding between hitn and " his people; and that their o,vn interest, and com- "passion of the lan1entable condition of the poor " protestants in Ireland, ,,'ould invite then1 to a fair " intelligence and unity anlongst thelnselves; that " so they l11ight, with one heart, intend the reliev... " ing and recovering that unhappy kingdon1; where " those barbarous rebels practised such inhul11an and "unheard of outrages upon the 111iserable people, "that no Christian ear could hear without horror, " or story parallel. lIe concluded \vith conjuring all " his good subjects, of \vhat degree or quality soever, YOI.. II. f to keep] to ob erve 1 BOOK IV. I G42. 146 THE HISTOR Y BOOK "by all the bonds of love, duty, and obedience, that IV. "are precious to good TIlen, to join with hitn for the 1642. "recovery of the peace of that kingdonl, and the "preservation of the peace of this; to renlove all "the doubts and fears \vhich nlight interrupt their " affection to hiln, and all their jealousies and ap- " prehensions, ,vhich ll1ight lessen their charity to "each other; and then, he said, if the sins of the " nation had not prepared an inevitable judgnlent " for all, God would make him a great and glorious g " king over a free and happy people." Though this declaration had after,vards a very good influence upon the people to llis n1ajesty's ad- vantage, yet for the present it gave no allay to their distelnpers. Their seditious Ininisters ,vere despatch- ed to inflame the neighbour counties, and all possible art was used to inflalne the city of London; ,vhich prevailed so far, that, not,vithstanding all the oppo- sition the lord mayor of London, the recorder, and the gravest and most substantial aldermen could Inake, the lllajor part of the comlnon council prevail- ed to send a petition to the king, in the naine of the mayor, aldermen, and common council of the city of London; ,vhich was the next Sunday nlorning deli- vered to him, ,vith great solenlnity, at "rhitehall, by The city pe- a number chosen of that body; representinO" " the titions the ...b king. " great dangers, fears, and dIstractIons, the CIty then " ,vas in, by reason of the prevailing progress of the " bloody rebels of Ireland; the putting out of per- " sons of honour and trust fronl being constable and " lieutenant of the To,ver, especially in those tilnes, "and the preparations there lately Blade; the for- g and glorious] and a glorious OJ? 'rHE REBELLION. 147 " tifying Whitehall \vith men and a:nln1unition b in " an unusual IDanner; SOU1e of \vhich men abused " and wounded divers citizens passing by; the call- " ing in divers cannoniers, and other assistance into " the Tower; the discovery of divers fireworks in the " hands of papists, i and the misunderstanding be- " t\veen his majesty and the parliament. That their " fears \vere exceedingly increased by his majesty's " late going int? the house of commons, attended by " a IDultitude k of arn1ed men, for the apprehending " of divers In embers of that house, to the endanger- " ing his o\vn person, and the persons and privileges " of that honourable asselubly. That the effects of " those fears tended not only to the overthrow of " the ,,,hole trade of that city and kingdonl, which " they felt already in a deep measure, but threaten- " ed the utter ruin of the protestant religion, and "the lives and liberties of all his subjects; and "therefore they prayed his n1ajesty, that, by the " advice of his great council in parlialnent, the pro- " testants in Ireland l11ight be speedily relieved; the " To\,.er put into the hands of persons of trust; that, " by removal of doubtful and unkno\vn persons from " about 'Vhitehall and 'Vest111inster, a known and " approved guard Inight be appointed for the safety " of his Inajesty and the parliament; and that the " lord Kimholton, I and the five nlembers of the " house of commons lately accused, lnight not be re- " strained of liberty, or other\vise proceeded against, " than according to the privileges of parliament." The king very \vell understood fronl what spirit h ammunition] munition 1 of papists,] of a papist, k a multitude] a great multi- tude 1 lord Kimbolton,] lord l\Ian- deville, I. 2 BOOK IV. 1642. 148 TI-IE HISTORY BOO h this petition proceeded, and the inconvenience of IV. giving so 111uch countenance to it, as the very receiv- J 642. ing it was, if he could have avoided it. But the tor- rent was too strong to be resisted by any direct strength he could raise against it; and therefore he resolved to endeavolÌr to divide and reduce then1, by the most gracious de cending to their pretended fears and apprehensions; and the saine day gave then1 His majes- this answer; "That, for the sad business of Ireland, ty's answer. . " he could not possIbly express a greater sense than " he had done, there being nothing left on hi part " unoffered, or undone. For the Tower, he wonder- " ed that, having removed a servant of trust from " that charge, only to satisfy the fears of the city, " and put in another of unquestionable reputation " and kno,vn ability, the petitioners should still en- " tertain those fears; and whatsoever m preparation " of strength ,vas there Inade, ,vas ,vith as great an " eye of safety and advantage to the city, as to his "own person, and should be equally elnployed to " both. " For the fortifying 'Vhitehall with In en and am- " munition n in an unusual ,yay, he doubted not, " that 0 they had observed the strange pro\Tocation " he had received to entertain that guard; that, by " the disorderly and tlUllultuous conflux of people at " "\Vestminster and 'Vhitehall, his great council ,vas "not only disquieted, but his own royal person in " danger; Inost seditious language being uttered " even under his o,vn ,vindo\vs. And if any citizens " had been wounded, or ill treated, he was confidently m whatsoever] whatever n ammunition] munition o that] N of in jJ18. OF TI-IE REBELLION. 149 " assured, that it had happened by their own evil " and corrupt demeanours. For the fireworks in the " hands of a papist, he knew nothing, nor understood " whom, or \vhat they meant. " For his going to the house of comlnons, when "his attendants \"ere no otherwise armed than as " gentlemen ,vith s,vords, he was persuaded, that if " they knew the clear grounds, upon which those "persons stood accused of high treason, and what "would be proved against them, \vith which they " should in due time be P acquainted, and considered "the gentle \vay he took for their apprehension, " (\vhich he preferred before any course of violence, " though that way had been very justifiable; since " it was notoriously kno,vn, that no privilege of par- " lian1ent can extend to treason, felony, or breach of _ " peace, q) they would believe his going thither ,vas " an act of grace and favour to that house, and the " most peaceable ,yay of having that necessary ser- " vice perforn1ed; there being such orders lnade for " the resistance of what authority soever for their " apprehension: and for the proceedings against " those persons, he ever intended the same should "be ,vith all justice and favour, according to the " la,vs and statutes of the reahn; to which r all in- " nocent Inen ,,,"ould cheerfully sublnit. And this S " extraordinary ,yay of satisfying a petition of so lIn- " usual a nature, he said, he was confident \vo1.lld be ., thought the greatest instance could be given of his " clear intentions to his subjects; and of the singu- " lar esteem he had of the good affections of that ROOK IV. ] 642. P in due time be] be in due time q of peace,] of the peace, r to wbichJ to the which 8 this] that I, 3 150 'rI-IE H IS'rOR Y BOO K "city, which he hoped in gratitude would never be IV. "wanting to his just cOlninands and service." I t was no ,vonder that they, "rho at such a tin1e could be corrupted to fran1e and deliver such a pe- tition, would not be reformed by such an answer. Neither will it he here unseasonable, to spend a lit- tle time in considering how the affections and ten1- pel'S of so rich and opulent a city, which could na- turallyexpect to prosper only by peace and agree- n1ent, 'v ere wrought upon and transported to that degree, as to be the chieft instrulnents of its own and the kingdom's destruction. The st te The city of London, as the Inetropolis of England, and temper . . . of the city by ItS U sItuatIon the most capable of trade, and by of London . d at that the most usual reSI ence of the court, and the fixed time. station of the courts of justice for the public admini- stration thereof x throughout the kingdoln, the chief seat of trade, \vas, by the successive countenance and favour of princes, strengthened \vith great char- ters and immunities, and \vas a corporation governed within itself; the mayor, recorder, aldermen, sheriffs, chosen by themselves; several companies incorporat- ed \vithin the great corporation; which, besides no- table privileges, enjoyed lands and perquisites to a very great revenue. By the incredible increase of trade, \vhich the distractions of other countries, and the peace of this, brought, and by the great licence of resort thither, it was, since this king's access to the crown, Y in riches, in people, in buildings, mar- vellously increased, insomuch as the suburbs were J 642. t chief] only U by its] by the x administration thereof] ad- lninistration of justice Y this king's access to the crown,] the access of the crown to the king, OF THE REBELLION. 151 almost equal to the city; a refornlation of which had been often in contemplation, never pursued, wise men foreseeing that such a fulness could not be there, without an elnptiness in other places; and whilst so many persons of honour and estates were so delighted with the city, the government of the country must be neglected, besides the excess, and ill husbandry, that would be introduced thereby. But such foresight was interpreted a morosity, and too great an oppression upon the C0111ffion liberty; and so, little was applied to prevent so growing a disease. As it had these and n1any other advantages and helps to be" rich, so it was looked upon too 11luch of late tinle as a common stock not easy to be exhaust- ed, and as a body not to be grieved by ordinary acts of injustice; and therefore, as it ,vas It place of re- sort, z in all cases of necessity, for the sudden borrow- ing great sums of money, in which they were com- 1110nly merchants too good a for the crown, so it was become a practice, b upon any specious pretences, to void the security, that ,vas at any tilne given for 1110- ney so borrowed. Thus C after many questionings of their charter, which were ever removed by considerable SUlns of Dloney, a grant made by the king in the beginning of his reign, (in consideration of great sums of mo- ney,) of good quantities of land in Ireland, and ofd the city of Londonderry there, was voided e by a suit 7 as it was a place of resort,] it was not only a resort, a merc11ants too good] too good merchants h so it was become a prac- tice,] but it was thought rea sonablc, C Thus] So d of] Not ilL A/S. l' voided] avoided L4 BOOK IV. I G42. liOO K IV. 1642. 15 THE HISTORY in the star-chaluber; all the lands, after a vast ex- pense in building and planting, resumed into the king's hands, and a fine of fifty thousand pounds im- posed upon the city. 'Vhich sentence being pro.. nounced after a long and public hearing, during which time they were often invited to a con1position, both in respect of the substance, and the circum- stances of proceeding, made a general impression in the minds of the citizens of all conditi.ons, much to the disadvantage of the court; and though the king af- ter,vards ren1itted to them the penalties f of that sen- tence, they imputed that to the power of the parlia- l11ent, and rather remembered how the benefit of their grant g had been taken froll1 theIn, than by \VhOn1 it ,vas restored: o that, at the beginning of the parliament, the city ,vas as ill affected to the court as the country was; and therefore chose such burgesses to sit there, as had either eminently oppos- ed the court, h or accidentally been oppressed by it. The chief governnlent and superintendency of the city is in the mayor and aldernlen; \v hich, in that little kingdom, resembles the house of peers; and i the common council is the representative body there- of, like the house of COnll110nS, to order and agree to all taxes, rates, and such particulars belonging to the ci viI policy. The comnlon council are chosen every year, so many for every parish, of the wisest and IllOst substantial citizens, by the vestry and COlnmon convention of the people of that parish; and as the ,vealthiest and best reputed Dlen were comnlonly chosen,k so, though the election ,vas once a year, it f penalties] benefit g the benefit of their grant] it h the court,] it, i and] and as subordinate k commonly chosen,] always chosen, OF THE REBELLION. 153 was formerly 1 scarce ever known, that any Inan once chosen was afterwards rejected or left out, ex- cept upon discovery of an enormous crime, and m de- caying in fortune tó a bankrupt; otherwise, till he \vas called to be alderman, or died, he continued, and was every year returned of the common council. After the beginning of this parlia ent, \vhen those \vho steered at 'Vestminster found n by theh experience in the case of the earl of Strafford, of ,vhat consequence the city Inight he to theIn, and after\vards found, by the courage of the present lord mayor, sir Richard Gourney, who cannot be too often or 0 too honourably mentioned, that it lllight be kept from being disposed by them; and that the men of wealth and ability, who at first had concurred \vith them, begun P now to discern that they Ineant to lead them further" than they had a Inind to go; they directed their confidents, that at the election of the conlll10n councilnlen by the con- currence and nunlber of the meaner people, all such ,vho were moderate men, and lovel s of the present governnlent, should be rejected; and in their places Inen of the 1110st active and pragmatical heads, of ho,,, mean fortunes soever, should be elected: and by this l11eans that q body in great part no,v r con- sisted of upstart, factious, indigent cOlllpanions, ,vho \\rere ready to receive all advertiselnents and direc- tions froBl '\Vestlninster, S and as for\\ ard to en- croac}) upon their superiors, the lllayor and alder- I formerly] Not in JJ1S. m and] or n those who steered at \Vest- millster founò] they found o or] nor l' bCgUll] Lega n q that] all that r in great part now] Not in IS. S from \Vestminster,] fronl those who stcer d at ,rcstmin- tCl., BOOK IV. 1642. BOOK IV. J 642. 154 'THE HIsrrOR\ lnen t. And so this firebrand of privilege inflan1cd the city at that tÏIne. That thèy luight gratify the city in procuring a better answer than they had received frolu the king to their petition, and that they 111ight more expose his luajesty to their affronts, the house resunled the business of the To,ver again, with the old reflections upon the rel110val U of the former good lieutenant, and the putting in a rude person, and of a desperate fortune, as they called hiIu, x that he might use such prisoners, as there was an intent to send thither, in such a luanneI' as he should be directed; and that the person, who was since put in, had put the city into great apprehensions, by the observation that \vas made, that he took great store of provisions into the Tower, as if he made provision for a greater garrison, which raised great jealousies; and there was a petition brought, and delivered to the houses in the nalnes of several lnerchants who used to trade to the nlint; in \vhich}- they desired that there might be such a person made lieutenant of the To,ver, "as they could confide in," (an expres- sion that grew from that- tiule to be lnnch used,) ,vithout ,vhich no Ulan would venture bullion into the luint, and by consequence no merchant ,,'ould bring it into the kingdon1e \Vhereas in truth there ,vas no gentleman of the kingdom of a better reputa- tion alnongst all sorts of nlen, and there had been Inore bullion brought into the nlint in the short time of his being lieutenant than had been in many t aldermen] MS. adds: a3 the other was upon the house of peers. U remoral] remo\-'c x as they called him,] Not in J.}IS. r in which] and OF THE REBELLION. 155 months before: and an10ngst those persons, ,vhich BOO K so solemnly delivered that petition, and had all sub- IV. scribed it, there were very few ,vho had ever sent 1642. any silver into the mint. Ho,vever, the house en- tertained the complaint as very reasonable, and sent for a ' onference with the lords, ,vith whom they prevailed to join with them in a desire to the king, " that he would reillove sir John Byron from being "lieutenant of the Tower;" which the king for some tillle refused to do, tin they pressed it in an- other manner, which shall be mentioned anon. The committee, that still continued to sit in Lon- The com- d . d d h b . b h . · mittee of on, lnten e no ot er USlness, ut t ell' own prl- the com- vile g es; sent for, and examined, as hath been said, m t ODS st t iJ]. ran sac S m all men who had attended his majesty, or had been the city. casually present in the hall, or at the door of the commons' house, 'v hen the king was there: and all such exal11inations, as testified any extravagant dis- course uttered by any loose fello\v, "rho had acci- dentally put hÎ111self into the company, though it appeared he had no relation to the king's service, were carefully entered, and published; but such as declared the king"s strict C0l11n1and against any vio- lence or disorder, and his positive charge, that no l11an should presulne to follow him into the house of comn10ns, (as full proof was luade to thelll of those particulars,) were as carefully suppressed and con- cealed. The sheriffs of London had heen Z directed to ap- point a guard to attend the comn1ittee, whilst it should continue there; a and then to guard the houses when they should again sit at \Vestminster. 7. had been] were -\ there;] a.t Guildhall ; BOO IV. 1642. A declara- tion of the commons touching the fixe D1eIUbers. 156 THE HISTORY The accused persons, who lodged all this time in the city, were brought to the comnlittee \vith nluch state, and sat with them to devise somp ,vay to vin- dicate thenlsel ves. Then a declaration was agreed upon by the com- lllons only, in which was set forth, "that the cham- " bers, studies, and trunks of 1\11". Hollis, sir Arthur " Haslerig, 1\11'. Pym, 1\11". Hambden, and 1\11'. Strode, " had been by colour of his nlajesty's ,varrant sealed " up; ,vhich \vas Dot only against the privilege of h parlianlent, but the COlll1non liberty of every sub- " ject; that the sanle nlelnbers b had been the same " day deulanded by a sergeant at arnlS to be deli- " vered to hiln, that he might arrest them of high " treason; that the next day his majesty came to " the house in his o,vn person, attended by a mul- "titude of arlned nlen, in a warlike manner, \vith " halberds, swords, and pistols, \vho caIne up to the "very door of the house, and placed thcnlselves " there, and in other places and passages near to " the house, to the great terror and disturbance of " the n1embprs then sitting; that his lnajesty, sit- " ting in the speaker's chair, demanded the persons " of those Inembers to be delivered to hin1; ,vhich " ,vas a high breach of the rights and privileges of "parlialnent, and inconsistent \vith the liberties " and freedonl thereof; that after\vards his nlajesty " did issue forth several \yarrants to divers officers " under his o\vn hand, for the apprehension of their " persons, ,, hich by la\v he could not do." And thereupon they declared, " that if any person should " arrest 1\lr. Hollis, &c. or any other Inelnber of par- h same members] said mcmbers OF THE REBELLION. 157 " liament, by pretence of any warrant issuing out " froln the king, he was guilty of the breach of the " privilege of parlianlent, and a l)ublic enelny of the " cOlnlnonwealth; and that the arresting any mem- "bel' of parliament, by any warrant whatsoever, "without consent of that house, whereof he is a " melnber, is a breach of the privilege of parlia- " ment: and the person that shall so arrest binl is " declared a puùlic enenlY of the cOlllIDonwealth." They published, "that it did fully appear by se- "vera! examinations, that lllany soldiers, papists " and others, to the nUlnber of about five hundred, " caIne with his lllajesty to the house of COmI110nS, " arnled; and that some of theIn, holding up their " pistols cocked near the dooi" of the house, ,vhich " they kept open, said, I am a good lllarksman; I "can hit right, I warrant you: and sa:d, they " would have the door open; and if any opposition " was made, they lllade no question but they should " nlaintain their party; and that some said, A pox " take the house of commons; let them be hanged. " And when the king returned from the house, they "expressed great discontent, asking, ,vhen comes " the wort[: that some of theln being delllanded " what they thought the cOlupany intended to have " done, answered, that questionless in the posture " they ,vere set in c, if the wortZ had been given, " they should have fallen upon the house of COl1l- " nlons, and have cut all their throats: upOU ,vhich " they said they were of opinion, that the soldiers " and papists c0l11ing in that nIanner with his 111a- " jcsty was to take a,vay SOUle of the l1IeIUbers of C in] Not ill JlS. BOOK IV. 1642. BOOK IV. ] 642. 158 THE HISTORY " the house; and if they should have found opposi- " tion, or denial, then to have fallen upon the house " in a hostile nlanner." And they did thereupon declare, " That the saine " was a traitorous design against the king and par- "lianlent. And whereas the persons accused had, " with the approbation of the house, absented thenl- " selves from the service of the house, for avoiding " the great and Hlany inconveniences, which other.. " wise lnight have happened; since which time, a " printed paper in the forn1 of a proclanlation had " issued out for the apprehending and in1prisoning " thenl, suggesting, that through the conscience of " their guilt they were absent and fled;" they did further declare, "that the said printed paper 'vas " false, scandalous, and illegal; and that notwith- "standing that }Jrinted paper, or any ,varrant is- " sued out, or any other matter against theIn, they "might and ought to d attend the service of the " house, and the committees then on foot; and that " it ,vas la\vful for all persons whatsoever to lodge, "harbour, and e converse with them; and ,vhoso- " ever should be questioned for the sanlC should be " under the protection and privilege of pariiainent." And they declared, "That the publishing the a1"- " ticles of high treason against the persons accused, " was a high breach of the privilege of pariiainent, " a great scandal to his majesty and his govern- H Inent, a seditious act, manifestly tending to the " subversion of the peace of the kingdo111, and an " injury and dishonour to the Inelnbers; and that f " the privileges of pàrliament, and liberties of the d to] lVot in iUS. (' and] or f and that] that OF THE REBELLION. 159 " subject, so violated and broken, could not be fully " and sufficiently vindicated, unless the king \vould "be graciously pleased to discover the nalnes of " those persons, who advised him to do the parti- " cular acts before nlentioned, that they might re- " ceive condign punishment." This strange declaration, so contrary to the known rules and judgments of la\v, and to the known practice and proceedings of parliament, was no sooner framed and agreed upon in the comlnittee, than it \vas printed, and published throughout the city and kingdom, before it was confirmed by, or re- ported to the house; \vhich is g against the custom of parliament. For, by that custoln, no act done at any cOlnmittee should be divulged before the same be reported to the house. The truth is, it cannot be expressed how great a change there appeared to be in the countenance and nlinds of all sorts of people, in to\vn and country, upon these late proceedings of the king. They, who had before even lost their spirits, having lost their credit and reputation, except amongst the l11eanest people, who could never have been made use of by theIn, when the greater should forsake then1; and so despaired h of ever being able to com- pass their designs of malice, or alnbition, (and i sonle of then] had resulned k their old resolutions of lea v- ing the kingdoln,) no\v again recovered greater cou- rage than ever, and quickly found that their credit g which is-to the house.] Thus in 1118.: which is against the law, and an express sta.tute in that case provided, that no act done at any committee should be divulged before the same be reported to the house. h despaired] despairing i and] Not in IS. . k had resumed] were rcsUlU- Jng BOOK IV. I ô42. BOOK IV. 1642. 160 THE HISTORY and reputation ,vas as great as ever it had been; the court being reduced to a lower condition, and to more disesteem and neglect, than ever it had un- dergone. All that they had forn1erly said of plots and conspiracies against the parliament, which had before been laughed at, ,vas no,v 1 thought true and real; and all their fears and jealousies looked upon as the effects of their great ,visdom and foresight. All that had been whispered of Ireland was no,v talked aloud and printed; as all other seditious pamphlets and libels were. The shops of the city generally shut up, as if an enell1Y ,vere at their gates ready to enter, and to plunder them; and the people in all places at a gaze, as if they looked only for directions, and were then disposed to any under- taking. . On the other side, they ,yho had, \vith the great- est courage and alacrity, opposed all their seditious practices, bet\veen grief and auger were confounded ,vith the consideration of ,vhat had been done, and what \vas like to follo\v. They ,vere far fro1l1 think- ing that the accused Inembers had received much wrong; yet they thought it an unseasonable tÏ1ne to call thelTI to an III account for it. That if any thing had been to be done of that kind, there should have been a fitter choice n of the persons, there heing nlany of the house, of n10re mischievous inclinations, and designs against the king's person and the go- vernment, and ,vere more exposed to the public prejudice, than the lord KiInbolton 0 was; ,vho ,vas a civil and well natured man, and had rather kept 1 was now] were now 0 lord KimboltonJ loru l\Ian- m an] Nut in iUS. deville Kimboltoll n fitter choice] better choice OF THE REBELLION. 161 in conlpany, than drank deep of that infection and poison, that had wrought upon nlany others. Then sir Arthur Haslerig and 1\11'. Strode were persons of too Iowan account and esteem; and though their virulence and malice was as conspicuous and trans- cendent as any man's, P yet their reputation and in- terest to do mischief, q otherwise than in concurring in it, was so small, that they gained credit and au- thority by being joined with the rest, who had in- deed a great influence. However, since r there was a resolution to proceed against those men, it would have been llluch better to have caused them to have been all severally arrested, and sent to the Tower, or to other prisons, which might have been very easily donè before suspected, than to send in t.hat mannel to the houses with that fornlality, \v hich would be liable to so many exceptions.. At least, they ought so far to have imparted it to members in both houses, who might have been trusted, that in the instant of the accusation, when both houses were in that consternation, (as in a great consterna- tion they were,) somewhat might have been pressed confidently towards the king's satisfaction; which would have produced some opposition and contra- diction, and might have S prevented that universal concurrence and dejection of spirit, which seized upon and possessed both houses. But, above all, the anger and indignation was very great and general, that to all the other over- sights and presunlptions was added t the exposing the dignity, and majesty, and safety of the king, in P ulan's,] lnen's, q mischief,] any luischief, r since] if YOL. II. 1'1 and lnight have] which would have t was added] Not in MS. ]\1 BOOK IV. 1642. 16Q 'l HE I-II S'l OR y ß 00 K his coming in person, in that manner, to the house IV. of C01111110nS; and in going the next day, as he did, 1642. to the guildhall, and to the lord l11ayoes, which drew such reproaches upon hÎln to his "face. All which ,vas justly inlputed to the lord Digby, who had before fewer true friends than he deserved, and had now alnlost the whole nation his enell1ies, being the most universally odious of any man in it. \Vhen the house of commons had passed such votes from the cOlllmittee at l\lerchant- Tailors' hall, as they thought necessary, and had 11 once more ad- journed thither, the comn1ittee asked the advice of the house, whether the accused meillbers might be present ,vith them, (who had in truth directed and governed all their proceedings from the time they sat there:) which was not only approved, but those members required to attend the house the next day it was to sit, and so to continue the service of the house, which was then adjourned for three or four days, that the city ll1ight appear in such a posture, as should be thought convenient. The noise ,vas so great of the preparations made in the city to bring the accused melnbers in triumph to the parliament, and that the whole militia would accompany them, whilst the seamen arid mariners made an appearance in barges, and other vessels, upon the Thames to 'V estminster, that x the king thought it convenient to remove again from \Vhite- hall; and so on the tenth of January, which was The king the eve to that Y great festival, his majesty, the ::a I :mi- queen, and the royal children, went from 'Vhitehall t 1y r H emove to Hampton-court, waited on Z by some few of their o amp.. ton-court. U had] Not in ðlS. x that] Not in lJ;IS. Y to that] to the z waited on] atteuded OF THE ItEBELLION. 163 own höusehold servants, and thirty or forty of those officers, who had attended at \Vhitehall for security against the tUlnults. Before his going, he sent to the earls of Essex and Holland to attend him in his journey; who were both by their places, the one being lord cham- berlain a of his household, the other the first b gen- tleman of his bedchalnber, or groom of the stole, C obliged to that duty. The earl of Essex resolved to go; and to that purpose was making himself ready, when the earl of Holland canle to him, and privately dissuaded him; assuring hi In, that if they t\VO went, they should be both murdered at Hamp- ton-court: w hereupon they left the king to his small retinue in d a 1110st disconsolate, perplexed condition, in more need of comfort and counsel, than they had ever known him; and, instead of at- tending their master in that exigent, they went to- gether into the city, where the committee sat, and e where they were not the less welcome for being known to have been invited to have waited upon their nlajesties. They \vho wished the king best, were not sorry that he then withdrew froln 'Vhite- hall; for the insolence, with which all that people were transported, and the anilnosity, which was in- fused into the hearts of the people in general against the court, and even against the person of the king, cannot be expressed. Whilst the committee sat in London, the conlmon councillike\vise met, as hath been said, f to the end a lord chamberlain] his cham- berlain b first] prime e or groom of the stole,] Not in MS. d in] and in e and] Not in MS. f as hath been said,] Not iu MS. 1\1 2 HOOK IV. 1642. 164 THE HISTORY BOOK they might be ready to comply in any particulars IV. should be desired from the city; and so tbe com- 1642. mittee having resolved, "that the actions of the " citizens of London, or of any other person what- " soever for the defence of the parliament, or the " privileges there04 or the preservation of the mem- " bers thereof, were according to their duty, and to " their late protestation, and the laws of this king- " dom:" and if any person should arrest or trouble any of them for so doing, he ,vas declared "to be " a public enemy of the commonwealth:" and in the next place having resolved, "that that vote should " be made known to the common council of the city The ac- " of London," the accused members about two of the cused mem- bers are clock in the afternoon on the eleventh of January, brought in . · H triumph to beIng the next day after the kIng went to ampton- Westmin- 1:'. h · I d . · h . W ster, Jan. court, canle lrom tell" 0 gings In t e CIty to est- J 1. minster, guarded by the sheriffs, and trained-bands of London and 'Vestminster, and attended by a con- flux of many thousands of people besides, making a great clamour against bishops and popish lords, and for the g privileges of parlianlent; some of then1, as they passed by 'Vhitehall, asking, with much con- tempt, " what was becon1e of the king and his cava- " liers? and whither he was gone?" Froln London-bridge to Westminster, the Than1es was guarded with above a hundred h lighters and long-boats, laden with sll1all pieces of ordnance,i and dressed up with waist-clothes and streamers, as ready for fight. And that the trained-bands k of London g for the] of the h a hundred] one hundred · i with small pieces of ord- nnnce,] with nabletts and lunr- derers, k trained-bands] Originally in MS. Inilitia OF THE REBELLION. 165 might be under the command of a person fit to lead theIn, they granted a commission to captain Skip- pon, who was captain of the artillery-garden, to be major-general of the militia of the city of London; an office never before heard of, nor imagined that they had authority to constitute. l The man had served very long in Holland, and from a common soldier had raised himself to the degree of a captain, and to the reputation of a good officer: he was a man of order and sobriety, and untainted with any of those vices, which the officers of that army were exercised in; and had newly given over that service upon some exceptions he had to it; and, coming to London, was by some friends preferred to that com- mand in the artillery-garden, which was to teach the citizens the exercise m of their arms. He was altogether illiterate, and having been bred always abroad, brought n disaffection enough with him from thence against the church of England, and so was much caressed and trusted by that party. This man marched that day in the head of their tumultuaryO army to the parliament-house; where the accused menlbers were no sooner entered, than they magnified "the great kindness and affection they " had found in the city, and their zeal to the par1ia- " ment; and if their expressions of it, upon this ex- " traordinary occasion, had been sonlewhat unusual, "that the house was engaged in honour to protect "and defend them from receiving any damage." 'Vhereupon the sheriffs of London were called into the hou e of commons, and thanked by the speaker 1 constitute.] constitute such an officer. m exercise] posture II abroad, brought] in Hol- land, he brought o tumultuaryJ Not in jvIS. 1\1 3 BOOK IV. 1642. 166 THE HISTORY H 0 0 K for their extraordinary care, and love expressed to IV. the parliament; and told, " tbat they should have 1642. "an ordinance of parliament for their inden1nity, " declaring that all their actions of respect and kind- "ness, which they had shewed to the lords and " commons in London, and their attending them to "and at 'Vestminster, was legal and justifiable." The masters and officers of ships were likewise called in, and 1110st hèartily thanked for their kindness; and sergeant-major-general Skippon appointed every day to attend at \Vestminster, with such a guard as he thought sufficient for the two houses. q There was one circu mstance not to be forgotten in the l11arch of the citizens r that day, when the sho\v by water was little inferior to the other by land, that the pike men had fastened to the tops of their pikes, and the rest in their hats, or their bosoms, printed papers of the protestation which had been taken, and enjoined by the house of COlnmons the year be- fore for the defence of the privilege of parliament; and many of them had the printed votes of the king's breaking their privileges in his coming to the house, and demanding their members. The Bue1\.- As soon as the citizens and l11ariners \vere dis- inO'ham- h d B k . h h . h . d shire men's C arge ,sol11e uc lng ams Ire men, W 0 were Sal petition to to be at the door S ,vith a P etition and had indeed the house ' , of com- ,vaited upon the triumph with a train of several t mons. thousand n1en, were called in; ,vho delivered their petition in the name of the inhabitants of the county of Buckinghan1, and said it was brought to the town by about six thousand Inen. "They con1mended q for the two houses.] for the guard of the two houses. r citi7ens] city 1'1 at the door,] at door, t of several] of four OF 'rHE REBELLION. 167 " the unwearied pains of the house of commons, for " redress of the pressures they had lain under; but " complained that the success was not answerable, "their endeavours being frustrated or retarded by " a lualignant faction of popish lords, bishops, and " others; and now of late, to take all that little hope, " was left, from them, of a future reformation, the " very being of the parliament was shaken, the pri- "vileges thereof broken in a desperate and unex- " anlpled manner, and the melnbers thereof unas- " sured of their lives, in whose safety, the safety of " theln and their posterity ,vas involved. They held " it therefore their duty, according to their late pro- " testation, to defend and l11aintain the persons and "privileges thereof, to the utUl0st power of their " lives and estates; to which purpose, they said, they "'v ere then conle to l11ake the hUlnble tender of " their service, and would renlain in expectation of " their cOlnnlands and order; to the execution where- " of they would \vith all alacrity address thelnselves, " ready to live by them, or to die at their feet, against " whomsoever should in any sort illegally attempt " upon them. " They besought them therefore to assist the ar- "dent prayers of the petitioners, that the popish "lords and bishops might he forthwith outed the "house of peers; that all privileges of parliament "n1Ïght be confirmed to them, aed that all evil "counsellors, the Achans of the conlmonwealth, " might be given up to the hands of justice; \vith- "out all which, thpy said, they had not the least " hope of Israel's peace, or to reap those glorious ad.. " vantages, which the fourteen months seed-time of 1\1 4 BOOK IV. 1642. 168 THE HISTORY BOO K "their unparalleled endeavours had given to their IV. " unsatisfied expectations." 'Vhen they had received thanks for their wonder- ful affection, and were told, that, "by the great care " of the city of London, the parliament was suffi- " ciently guarded and assured; and therefore that " they might depart to their houses till further oc- " casion appeared, of which they should be sure to " be informed;" one of them said, "they had an- " other petition, which they meant to prefer to the " king; but desired their advice, whether that house " would vouchsafe to recommend it, U or whether " they themselves should deliver it." For that, they received new thanks; and were wished, "that six or " eight of thelll should present it to his majesty in "the naille of the rest;" for the house sa \v their ,visdom and moderation such, that they presulned they of themselves \vere very able to manage that business. They also 'Vhen they had thus caressed the COlnmons, they petition the . . house of ,vent to the house of lords with another petItIon, lords. I · . f h 1 . .!'. t . h . h comp aining "0 t e ma Ignant lac lon, w IC ren- "dered the endeavours of the house of COIDlnons "successless," and said, "that in respect of that "late attelnpt upon the honourable house of COIll- " mons, they ,vere come to offer their service, as re- " solved in their just defence to live and die. And "therefore they did humbly pray, that that most " honourable house would cooperate with the house " of comnlons, in speedily perfecting the most ne- " cessary ,york of refornlation, bringing to condign " and exenlplaryX punishment both wicked counsel- 1642. u reconlmend it,] con1nlend it, x exemplary] unexempJary OF THE REBELLION. 169 " 10rs, and other plotters and delinquents; and that BOOK " the whole kingdom might be put into such a pre- IV. " sent posture of defence, that they might he safe 1642. " both from all practices of the Inalignant party at " home, and the endeavours of any ill-affected states "abroad." The lords were as civil to them as the commons had been, and gave then1 great thanks. And from thence they \vent to find out the king They peti- · h .. · h . . h . h h tion the WIt theIr petItIon to Im;Y In w IC t ey com- king. plained, " that Mr. Hambden, whon1 they had chosen " knight of their shire, and in whom they had ever " good cause to confide, was, to their great amaze- " ment, accused, amongst the others, of high trea- " son. z They said, that having taken into their se- "rious consideration the manner of their impeach- " n1ent, they could not but conceive that it did op- " pugn the fights of parliament, to the maintenance " whereof their protestation did bind them; and " they did believe, that the malice, which his and "the others zeal to his majesty's service, and the " state, had raised a in the enemies of his Inajesty, " the church, and the comlnon,vealth, had occasion- "ed that foul accusation, rather than any ill b de- " serts of theirs; and that through their sides the "judgment and care of the petitioners and others "were wounded, by whose choice they were pre- " sented to the house; and therefore they did hUln- " bly desire his majesty, that Mr. Hambden, and the " rest, who lay under the burden of that accusation, "might enjoy the just privileges of parlianlent." Y with their petition to him ;] with another petition; IE amongst the others, of high treason.] amongst others accused of high treason. a had raised] had contracted b ill] Not in MS. 170 THE HIS'rORY BOOK 80 from this day we may reasonably date the levy- IV. ing of war in England; whatsoever hath been since ] 642. done being but the superstructures upon those foun- dations, which were then laid. c rr f be bonse The members bein g in this manner P laced a g ain o commons revived the upon their thrones, and the king retired with his ,"otes pass- . ed by their poor falndy to Han1pton-court, they reviewed their committee h . h h d d . h .. h in the city, votes, "T IC a passe 111 t e commIttee In t e and added cit y , which the y had caused ever y ni g ht to be P rinted more. without staying for the confirmation of the house; and where they had any defect, as they thought, or by the d interpretation of others, they supplied them with more strength and authority. So they pro- vided and declared, " that no melnber of parliament " should be arrested upon any pretence whatsoever." And because it had been insisted on, e that they would not n1ake any declaration so much against. the known la"T, which allo,ved no privilege in the case of treason, felony, or breach of the peace, they n(HV added, that "even in the case of treason no " Inelnber ought or could be arrested, or proceeded " against, ,vithout first inforn1ing the house, of which h he ,vas a melnber, of the charge and evidence " against hitn, and receiving their leave a1]d direc- " tion for the proceeding against him." And that men might hereafter be more wary ho,v they were made instrulnental in bringing any reproach upon tbeIn, they appointed a conllnittee to prepare a charge against Herbert, the king's attorney-g-eneraJ, for presuming to accuse the men1bers of high trea- C which were then laid.] A portion of the .i118. is l/pre omit- ted: see the Appendix, K. rl by the] in the e it had been insisted on,] Originally in .:11S. l\Ir. Hyde had desired, OF THE REBEI LION. 171 son; ,vhich was nlade ready accordingly, and pro- BOOK secuted with ,vonderful vigour, as will be relnem- IV. bered hereafter. 1642. They resolved that the king should not enjoy nluch ease and quiet in his retreat; and therefore every day sent some committee or other to hiIn with petitions and expostulations: a cOll1mittee of lords and commons attended him ,vith a grievous complaint of the breach of privilege they had sus- tained by his conling to the house; and desired him f "that he would inform them who had given him " that pernicious counsel, that such evil counsellorsg " might be brought to justice, and receive condign "punishlnent." And when they found that the lord Digby, ,vhom they generally believed to be the au- thor and contriver of all that transaction, though they could have no evidence of it, had withdrawn hhnself froln court, b and they well enough knew had transported hilnself beyond the seas, they brought witnesses to the bar, ,vho affirmed, "that there " were,i on such a day, several officers, whereof the "unbeloved Lunsford ,vas one, assembled together "at Kingston upon Thames near Hampton-court; " and that the lord Digby came thither to them in a " coach ,vith six horses from Halnpton-court, and " conferred with thenl a long time,k and then re- " turned again thither." They were well satisfied with the evidence, and forth\vith accused him to The lord the house of peers of high treason, for the levying of : 'J o c- war a g ainst the kin g and P arlianlent. and a P ro cla- high trea- , son upon mation \vas shortly issued out for his apprehension, p eteDc of hJS levymg ( him] Not in lJ;IS. g counsellors] counsel h frolll court,] from the court, i there were,] there was, k with them a long time ] a long time with them, 17 THE HISTORY when all the town knew that he was safely arrived in Zealand. l They resumed the consideration of the lieutenant of the Tower; and upon new infor- mation that much provision was sent in thither every day, they sent for sir John Byron, who ap- peared at their bar, and gave so full answers to all the questions they asked of him, that they could not but dismiss him. However they sent again to the king to remove him, and put a fitter man into the place, and recomlnended sir John Coniers to him, as a man in whom they could confide; and because they did not speedily receive such an answer as they liked, they appointed their major-general Skippon to place such guards about the Tower, as nlight pre- vent the carrying in more provision of victual thi- ther, than would serve for one day's consumption; notwithstanding which, the kingm \vould not consent to their desire. n All Inen were no\v in union in both houses: the lords had not yet recovered the courage to dissent in anyone proposition made to them from the com- mons; and in their houseD no man durst presume to dehate the matter of privilege, how far it extended, and in what cases it was of no moment, lest he might be thought to be privy to, and a counsellor of, tbat heinous breach, which had given thelTI all this credit. BOOK IV. 1642. war at Kingston upon Thames. 1 in Zealand.] MS. adds: but they thought it fit to shew hiln how unsavoury a jest the send- ing out such proclamations was to be esteemed. m the king] his majesty n desire.] 1)18. adds: And so the king was at last prevailed with to remove sir John Byron, and to put sir John Coniers in the place, who was a man the king had no other exception to, than that he was recommended by them; which was exception enough: and the yielding to thenl in it exceedingly raised their spirits, and made them the more insolent. o their house] that house OF THE REBELLION. 178 In this consent and concurrence, all the votes, which bad passed at the committee in London, and which had been by them comn1unicated to the common council, and so divulged t.hroughout the city and kingdom, were confirmed; and those who ohjected against any expressions, which \vere not warrant- able, reprehended for taxing P the discretion of the cOlnnlittee. And in one day both houses agreed in and exe- cuted three acts of sovereignty, even of as high a nature a any they have since ventured upon; the first, "in con1manding the sheriffs of London, by and " with the advice of their new sergeant-n1ajor-general " Skippon, to place a guard upon, that is to besiege "the To\ver of London, to hinder the going in of " any provisions, or going out of any arms or arnmu- " nition;" the second, "in appointing sir John Ho- "tham to go to Hull," which ,vill be mentioned anon; q the third, " in sending an order to the gover- " nor of Portsmouth, that nobody should be admitted "into that town and fort, or suffered to pass from " thence, or any thing to be disposed of there, but " by order from the king signified by both houses of " parliament." After this, a message was resolved upon to be sent to the governor of the prince, r " that he should not P taxing] laying a tax upon q be mentioned anon;] lWS. adds: and to put into that town such companies of the train- bands adjoining, as he thought necessary for the keeping that town and the magazine there; his majesty having caused all his ammunition and ordnance the year before, upon the dis- soh'ing the armies J and dis- Inantling the garrisons of Ber- wick and Carlisle, to be brought to that place; and that he should not suffer any part of that ma- gazine to be delivered to any without warrant frOtll the king J by ad vice of both houses. r the governor of the prince,] to the n1arquis of Hertford, go- vernor of the prince, BOOK IV. 1642. 174 THE HISTORY' The com- mons exa- mine the attorney- general touching the im- peachment of the fi,'e members. BOO K "suffer the prince to be transported out of the king- IV. " dOln, as he would ans,ver the breach of trust re- 1642. "posed in him concerning religion, and the honour, " safety, and peace of the three kingdoms;" and they declared, S " that any person, who should persuade or " attend upon him in such transportation, should be " under the saine censure." 'Vith these high acts of public concernment they joined the vindication of thelTIselves fronl the late trespass: t and to that enù caused the attorney-general to be publicly examin- ed upon interrogatories, ",vhether he did contrive, " frame, or advise the articles of impeachnlent against " the members that were accused? whether he kne,v " the truth of them upon his o\vn knowledge, or by " inforlnation ? ,vhether he would undertake to make "them good, when he should be thereunto called? " fron1 whom he received them, and by whose di- "rection or advice he did exhibit them? whether " he had any testin10ny or proof of them before the His answer." exhibiting?" And having received his ans,ver, " that he had neither framed, nor advised them, nor " knew any thing of the truth of them, nor could " undertake to justify them; but that he had re- " ceived then1 from the king, and was by hilTI C0111- They vote "manded to exhibit them ;" they presently declared, a charge against " that he had broken the privilege of parliament in m. . " preferring those articles, and that the same ,vas 11- " legal, and he crinlinal U for so doing; and that a " charge should ùe sent to the lords, in the nanle of " the house of comlnons, against the attorney -gene- " ral, to have satisfaction for the great scandal and " injury to the members thereof, unless he did ,vithin !\ they declared,] declaring, t trespass:] trespass from the king: t1 criminal] criminoul\ OF 'l"HE REBELLION. 175 " five days bring in his proof, and make good the ar- " ticles against them." So that they had now raised to themselves an un- questionable stock of security, when they had de- clared, " that they might neither be apprehended by " a warrant under the king's o,vn hand, x nor ac- "cused by his attorney-general, except thenlsel ves " were ,villing:" and they, who had concluded it most exactly just, that the house of peers must i111- prison their o,vn n1embers, as fast as the C0111ffiOnS y accused them of high treason, and, by that rule, had, ,vithin less than a ,veek before, freed themselves of twelve bishops, who always opposed their designs, Z (and in a case, where every man's conscience ab- solved them of the guilt, of which they were charged,) thought it now unanswerable reason to condemn the justice a of the king's proceedings; "because if a " man should be committed and imprisoned as soon " as the king accused him of high treason, the parlia- " rnent might by consequence b be dissolved; since he " might successively accuse the whole body;" which logic, if they had not pleased to vote the contrary, would have run as well in their o,vn case, upon C their own licence of accusing, and n10re dangerously in respect of the house of peers, which Inight possi- bly indeed have heen thereby dissolved d. Though the king had removed himself out of the noise of \Vestn1Ïnster, yet the effects of it followed him very close; for besides the Buckinghan1shire :It king's own hand,] IS.adds: nor indeed by himself, Y the commons] they Z designs,] desires, a condemn the justice] evince the injustice b by consequencel Not in MS. c upon] and upon d dissolved] j118. adds: when by new elections that llli chief would easily be prevented in the house of cOlnmons. BOOK IV. 1642. 176 THE HISTORY, BOOK petitioners, who alarmed e him the same, or the next IV. day after he came to Hampton-court, several of the 1642. same nature were every day presented to him, in the name of other counties of the kingdom; all which were printed, and scattered abroad \vith the declara- tion of the lord Digby's levying war at Kingston upon Thames, and the proclamation for apprehending him; all which being so industriously dispersed, and with- out any colour, or ground of danger, but only that the kingdom might be inured to the style of the two houses, and exercised in their commands against . the time that they meant to be in earnest, gave the The kin g t kin g reason to remove in few da y s froin Ham p ton- removes 0 \Vindsor. court to his castle at Windsor, where he could be more secure from any sudden popular attempt; of which he had reason to be very apprehensive, when, after those high acts of sedition at London and 'Vest- minster were declared to bè according to the laws of the land, and the protestation lately taken, that pro- testation was by a new order enjoined to be admi- nistered throughout the kingdoln, and the nalnes of all those who refused to take it, which there ,vas reason to believe n1any would upon their new glosses,f returned to the house of commons, who were as severe inquisitors as could be found any where. Thence From thence his majesty g sent a message to both sends a mes- } Th h k . h h . d . sage to both 10llSeS, " at e too notIce, t at IS procee lngs houses. " against those persons, WhOlTI he had accused, (nam- " ing them,) were conceived by many to be illegal, " and not agreeable to the privilege of parliament; h " and that he was so desirous to give satisfaction to e alarmed] alarumed f their new glosses,] the new gloss, g his n1ajesty] he h privilege of parliament;] privileges of the parliament; OF THE REBELLION. 177 " all men in all matters that might seem to have re- "lation to privilege of parliament, that he would " ,vave his forn1er proceedings; and all doubts being "by that n1eans settled, when the minds of men " were composed, he would proceed against them " in an unquestionable way; and he i assured both "houses, that upon all occasions he would be as " careful of their privileges as of his life, or his cro,vn. " To which he added, that, in all his proceedings " against those persons, he had never the least in ten- " tion of violating the least privilege of parliament; " and in case any doubt of breach of privilege re- " mained, he would be willing to assert it by any " reasonable way his parliament should advise him " to; and therefore he desired them forth,vith to lay " by all jealousies, and apply themselves to the pub- "lic and pressing affairs, and especially to those f " Ireland, \vherein the good of the kingdom, and the " true religion, which should ever be his first care, " were so highly and so nearly concerned. And he " desired thein, that his care of their privileges lnight " increase their care of his lawful prerogative, \vhich " \vas so necessary to the mutual defence of each " other, and both would be the foundation of a per- " petual and perfect intelligence between his ma- " jesty and parliaments, and of the happiness and " prosperity of his people." .But this message ,vas k not such as they looked for; there seemed still to be left a time I for prose- cution; and though the errór in forn1 seemed to be consented to, yet the substance and matter of the i he] Not in lS. k this. message was] these Inessages were VOL. II. I seemed still to be left a time] there was still left a courage N BOOK IV. 1642. 178 rHE I-IIS'rORY BOO K accusation lnight be still insisted on. And therefore IV. they took no notice of it, III but proceeded in inflam- 1642. ing all men with the sense of the breach of privilege; and finding the general mettle somewhat to abate, that they might keep up the apprehension of danger, and the esteem n of their darling the city, they con- sult about adjourning both houses into London; but finding some danger of infringing the act of parJia- ment, from whence some advantage lnight be taken to their prejudice, till that power might be cleared by a law, they were contented to adjourn their houses as they had done for some days, and to ap- point committees, qualified with more power than the houses had, to n1eet in London; which, for the convenience 0 of the COlnmon council, who took up the guildhall, chose to sit in Grocers' hall. The Io es It was wondered, that, P having all places so much appomt committees at their devotion, they q would remove from their to sit in . W . Grocers' more convenIent seats at estminster; where they hall. . h h h d . d · h · mIg t transact w atsoever t ey eSIre WIt out In- terruption, and where they were only disturbed by their own direction. But the advantage they reap- ed by it was extraordinary ; for, besides thé fears they dispersed abroad, and the confidence they gave their own friends of the city .Þy being with them, they were sure, for the IUOSt part, to have a commit- tee to their o\vn hearts' desire;' since, r besides ll1any out of laziness or indignation would not attend the service in so inconvenient a place, S very many, who troubled them most in their counsels, durst not in 111 of it,] of them, n esteem] estio1ation o convenience] convenien('y P that,] Nul in JJ-1S. ({ they] that they r since,] for, iii inconvenient a place,] unna- t lIral place, OF THE REBELLION. ]79 earnest go thither, for fear of uncomely affronts, if BOO K IV. not danger, their names being published in the tu- mults as disaffected persons; and they t were those, 1642. indeed, which constituted the malignant party, which they prayed against: and they found it much easier to transact any thing contrived and framed by such a committee, than originally offered and debated in either house, before the mystery was understood by their proselytes, and when those, who too well un- derstood it, did render their designs sometinles inef- fectual. The Ininds of men throughout the kingdom being now prepared to receive all their dictates with reve- rence, and to obey all their orders, and to believe that all their safety consisted in, and depended upon their authority, and there being few ,vithin the house, \vho had courage to oppose and contradict them, they sent to the lords to quicken theln in the bill they had fornlerly sent to them concerning re- moving the bishops out of their house; which nOl\r, ,vhen there \vere so nlany of them prisoners in the Tower, u they presumed would not meet with so great an opposition. In the house of COlnmons they called The COlll- h I · d · d . mons go to ave t le bIll rea , \v hlCh ha laIn so long there, upon Saint- h h h d b b h . b S . J John's ùiJl t e Sanle t at a een roug t In y alnt- ohn lor of the mi- the settlin g the Inilitia of the kin g donl; to 'v hich litia,. and pass It. they now added" the putting all the forts, castles, " and garrisons, into the hands of such persons as " they could c01lfide in;" which ,vas the expression they used, when they had a 111ind to remove any nlan from a place, of which he ,vas justly possessed, 1 they] Not in MS. moved into the To,ver, 11 prisoners in the Tower,] re- N2 180 THE HIS'rORY 1642. "that they could not confide in him, which tbey " thought to be reason enough to displace any man." \Vhen this bill x had been ,vith n1uch ado accepted, and first read, there were few nlen ,vho imagined it would ever receive further countenance: but now there were few, Y ,vho did not believe it to be a vel y necessary provision for the peace and safety of the kingdom. So great an impression had the late pro- ceedings made upon theln; so that ,vith little oppo- sition it passed the commons, and was sent up to the lords. Upon the disbanding the late army in the north, all the artillery, arms, and an1munition, that was provided for that service, had been by the king's command sent to Hull, where it still relnained; and his majesty intended it should be kept there, for a magazine upon all occasions. And he had a little before these late passages sent the earl of Newcastle thither, ,vith a private cOlnmission, to be governor thereof, as soon as it should be fit to publish such a C0111111and; and in the mean time by his own in- terest to dra\v in such of the country, as ,vere neces- sary to guard the Inagazine. But nothing the king did in the most private Inanner, but was quickly kno\vn to those from whonl it should most have been concealed. And so the earl of Newcastle ,vas no sooner gone, but notice ,vas taken of it; and he had not been three days in H uIl, before the house of peers sent for hinl, to attend the service of that house, which he had rarely used to do, being for the Inost part at Richn10nd attending upon the prince of 'Vales, whose governor he was. He made no haste BOOK IV. x this bill] it Y few,] very few, OF 'l"'HE REBELI.JION. 181 to return upon the summons of the house, but sent BOOK to the king to know his pleasure; who, not thinking IV. matters yet ripe enough to make any such declara- 1642. tion, appointed hÏ111 to come away; upon which he appeared in the house, without being asked \vhere he had been. But Loth houses shortly after moved the king, Both houses . . move the " that the magazIne at Hull lllight be removed to king, that " th T f L d h . h ld b the maga- e ower 0 on on, w IC \VOU every neces- zine at Hull " sar y for the q uietin g the minds of that countr y lllight be re- , mo\.ed to " and abating the fears and jealousies in the hearts the Tower. " of very many, \vho did apprehend SOllle design in " the keeping so much amlllunition in the Z northern " parts:" and his lnajesty not giving them a speedy ans\ver, they sent down sir John Hotham, \vhose estate They send lay within three or four miles of Hull, and he a had : :s to SOUle command of the trained-bands, "to be governor Hull. " thereof, and to dra\v in such of the country as he " thought fit for the security of the place." And though Hotham had concurred \vith them in all their violent ways, yet they well knew that he was not possess... ed with their principles in any degree, but was very well affected in his judgment to the government both in church and state, but had been first engaged by his particular malice against the earl of Strafford, and afterwards terrified by their votes against sheriffs and deputy lieutenants; and therefore they sent his son, a member likewise of the house, and in WhOlTI they more b confided, to assist him in that service, or ra- ther to be a spy upon his father. And this was the first essay they made of their sovereign power over C z the] those a he] Not in MS. b more] most C over] of N3 18 THE HISTORY 1642. the militia and the forts, whilst their bill was yet depending, and was a sufficient manifestation \vhat they intended to do, when it should be passed; to- wards which they made all the haste they could, ex- ercising the king's patience every day with some dis- agreeable d message to him, upon their privileges, and requiring " vindication, and reparation, and dis- " covery of the persons \v ho had pron10ted that pro- "secution." And though e the council once a week attended f upon his majesty at \Vindsor, he could not freely consult g with them upon what most concerned him. In this sad condition was the king at Windsor, fallen in ten days from a height and greatness that his enemies feared, to such a lowness, that his own servants durst hardly avow the ,vaiting on him. For though, 'tis true, h the acts of the house of commons, and the tumults, were as great affronts to majesty, before this last act upon the members, as any that could be imagined possible to succeed, yet the house of peers was then i well disposed, and might have been managed with a little patience, to have blasted all the extravagances of the commons. And the truth is, the greatest extravagances appeared to the standers-by to be but the attempts of persons in despair, and the strugglings k of men at the last gasp. And, without doubt, if the king could have had the patience to have sat still a spectator of the dissen- sions between the two houses, and encouraging the nOOK IV. d disagreeable] unsavoury e though] Not in MS. f attended] attending g he could not freely consult] though he could not consult h 'tis true ] it is true, i then] Not in MS. k the strugglings] the strong accents OF '!"'HE REBELLION. 183 lords, who were firm to him, and putting those mat- ters in issue, wherein the commons had invaded both his and the lords' privileges; if he had commanded his council at law and the judges, to have proceeded by the strict rules of the law against seditious per- sons at large, for preaching and printing against the peace of the kingdom, and put the commons' house either to have been quiet, whilst their champions were exenlplarily punished, (which would have put a speedy end to their licence,) or to have appeared the champions for an infamous act against the law and the justice of the kingdom, their jurisdiction would probably 1 in a short time have been brought within the due limits, and the stoutest factor for the violent party been glad to have compounded for an act of oblivion. And I have heard froD1 credible persons, that the chief of that faction afterwards confessed, that if that extraordinary accident had not happened to give them new credit and reputation, they were sinking under the weight of the expectation of those whom they had deluded, and the envy of those whom they had oppressed. I am sure, they who out of conscience, and loyalty to their king and country, diligently at- tended the pu blic service, were strangely surprised at the matter and D1anner of that accusation; and foresaw, from the minute, the infinite disadvantage it would bring to the king's affairs. Not that they thought the gentlemen accused, less guilty; for their extreme dishonest acts m in the house were so visible, that nothing could have been laid to their charge in- credible: but the going through with it was a In at... 1 probably] Not in Mb. m acts] arts N4 BOOK IV. J 642. 184 THE HISTORY J 642. tel' of so great difficulty and concernn1ent, that every circumstance ought to have been fully deliberated, and the several parts distributed n into such hands, as would not have shaken in the execution. And the saying, that the king had not COlnpetent persons enough, whom he might trust in so Ílnportant a se- cret, (which I believe was true,) is rather 0 an argu- ment, that the thing ,vas not to be attempted at all, than that it was to be attempted in that manner; for whoever would have betrayed the _ trust, would be sure to find fault with it, when it was endeavoured without him, especially if it Iniscarried. The truth is, there was Httle reason to believe, that the house of peers would commit the lord Kin1bolton P upon the accusation of Mr. Attorney in that conjuncture of tilne; and less that the house of commons ,vould deliver up their men1bers to the sergeant at arms, when they should be demanded; which was an irre- gular thing, and implied unreasonably, that they had some power to keep them, who ,vere desired to deli- ver them. Yet if the choice had been better made, and the several persons first apprehended, and put into distinct close custodies, that neither any body else should have heard from them, nor they one from another, all which had not been very difficult, the high spirit of both houses might possibly have been so dejected, that they n1ight have been treated withal. But even that attempt had been too great for the solitary state the king was in at tbat time; q which was most naturally to have been improved by stand- ing upon his guard, and denying all that was in his BOOK IV. n distributed] dispensed o rather] only 1) lord Kim bolton] lord Man- deville q was in at that time;] was at that time in ; OF THE REBELLION. 185 power to deny, and in con1pelling his ministers to BOO K d IV. execute the law in those cases, that emonstrably concerned the public peace. The committee at Grocers' hall, very much r ex- The com- ... h . h d . d mittee at alted to find no OpposItIon In any t lng t ey E'Slre Grocers' d k J d hall desiO'D from both houses, resolve to l11a e W 1at a... vantage a new re: they could of that season of their po,ver; and there- monstrance. fore, not vouchsafing to return any ans,ver to the king's message S of retractation, they concluded upon " a new remonstrance to be made of the state of " the kingdom; in ,vhich they would present to the " king's view the causes of the present evils and dis- "tractions, and propose to him, by way of advice, " the remedies that in their opinion he was to apply " to those evils. " The causes they agreed to be, the evil council The matter they prepar- " about the king and queen, disposing all occur- ed for it. " rences of state, and abusing the king's authority " and po,ver t to the prej udice of religion, the ha- " zarding the public peace, and strengthening a " malignant party in the kingdo111; the influence " which the priests and Jesuits had upon the affec- " tions and counsels of the queen, and the admission " of her majesty to intermeddle with the great affairs " of state, and ,vith the disposing of u places and pre- " fern1ents of the highest concernment in the king- " don1; whereby those of great power and authority " were engaged to favour such designs, as were in- " fused into her 111ajesty by those of that religion: " the want of a due reformation of the church-go... " vernn1ent, and liturgy then used; the want of a 1642. r much] Not in MS. 8 king's message] king's mes- sages t authority and power] power and authority U of] Not in ftIS. 186 THE HISTORY 1642. " preaching ministry, and a COlnpetent nlaintenance " for them; the over strict pressing of divers cere- " monies in the liturgy and rubrick, and the pressing " other ceremonies not. enjoined by law; the votes " of the popish lords in the house of peers, which " was a hinderance of the reformation, and a protec- " tion of the malignant party; the preferring such " as had adhered to delinquents, and the displeasure " shewed against those \v ho had been used as wit- " nesses in the prosecution of them; the breaches of " the privileges of parliament; and the managing " the great affairs of the realm in cabinet councils by " men unknown, and not publicly trusted; the pre- " ferring men to degrees of honour and offices, and " displacing others, in parliall1ent time, and without " the consent of that council; and n1any other par- " ticulars; to which they thought these remedies " most natural, and proper to be applied. " That all privy-counsellors, and others of trust " and employment beyond the seas, should be re- " moved from their places, and only such admitted, " as should be recolnlnended to the king by both "houses of parlialnent; and that such counsellors " and officers, as should be so displaced, and not " again recomlnended, should not have access to the " courts of the king and queen: that all priests, pa- " pists, and ill-affected persons, though professing "the protestant religion, should be relnoved fronl "the queen's person, and from having any office " or employment under her, and that all her serv- " ants should take such an oath as should be devised " by parliament; that he, or she, would not at any " time, directly or indirectly, by hin1, or herself, or " any other, move or petition, or solicit her majesty BOOK lV. OF THE REBELLION. 187 "in any matter concerning the state and govern- " ment of the kingdom, or concerning any favour " or immunity to be conferred upon any papists, or " for any honour, preferment, or employment of any " person whatsoever. " That the king would remove from about his " own person, and the queen's, and from both their " courts, Mr. vVilliam Murray, Mr. Porter, l\lr. John " 'Vinter, and Mr. 'Villiam Crofts, being all persons " of evil fame, and disaffection x to the public peace " and prosperity of the kingdom, and instruments of " jealousy and discontent between the king and the " parliall1ent : y that the king would not entertain " any advice or mediation from the queen in matters " of religion, or concerning the governlnent of any " of his dominions, or for the placing or displacing " of any great officers, counsellors, ambassadors, or " agents beyond the seas, or any of his servants at- "tending his royal person, either in his bed-cham- " ber, or privy-chan1ber, or attending the prince, or " any of the royal issue after they shall attain to the " age of five years. " That the queen should take a solemn oath, in " the presence of both houses of parliament, that she " would not hereafter give any counsel, or use any " mediation to the king, concerning the disposing of " any offices or places above n1entioned, or at all in- " termeddle in any affairs z of state, or government " of the kingdom: that all officers and counsellors, " that should be employed in any of the places be- "fore mentioned, should take a solemn oath, that :x disaff ction] disaffected Y the parliament:] the parlia- ment, &c. Z any affairs] any of the affair BOOK IV. 1642. 188 THE HISTORY 1642. " they had not made use of any power or mediation " of the queen, directly or indirectly, for their pre- "fernlent, or in obtaining any such place or em- " ploYlllent: that the affairs of the kingdom should " not be concluded or transacted by the ad vice of "private nlen, or by any unkno\vn or uns\vorn " counsellors, but such matters as were fit for the " c:ouncil, by the privy-counsellors only; and such " as were fit for the parliaillent, by the parliaillent " only. " That no person \vhatsoever, under the penalty " of treason, should presume to solicit or further " any proposition for the marriage of any of the "king's children ,vith any prince or person of the " popish religion; and that no nlarriage for any of " the king's children should be concluded with any " prince or person ,vhatsoever, without the consent "and advice of both houses of parlialnent: that "none of the killg's children, except the princess " Mary then affianced, should at any time go be- " yond the seas ,vithout the consent of both houses " of parliament; and that no person, under penalty " of high treason, should assist, or attend any of his " majesty's children in any such voyage beyond the " seas, without the like consent of both the houses " of parliament. " That no mass, or popish service, should be said " in the courts of the king or queen, or in the house " of any subject of the kingdolll; and that more " la,vs should be made against the papists; and all " the priests which \vere condelnned should be forth- "with executed. That the votes of popish lords " l11ight be taken a,vay; and a reforluation made a of a made] Not in lS. BOOK IV. OF THE REBELLIO . 189 " the church-government and liturgy by the parlia- " nlent; and that no penalty should be incurred for "omission of any ceremony, till the reforlnation " should be perfect: that all delinquents should be " subject to such penalties and forfeitures as should " be agreed on, and imposed by bill, in both houses " of parliament: that such as should be declared in " parlialnent to adhere to any delinquents, and had " thereupon received any preferlnent from the king, "should be removed from such preferment; and " such as should be declared by both houses to have " been employed and used against delinquents, and " had thereupon fallen into the king's displeasure, " and been put from their places, should be restored " to their places, and his majesty's favour. " That every person, who, being a member of the "house of conl1nons in that parliament, had been "accused of any offence against that house, and, "the accusation depending, had been called up to " the house of lords in the quality of a peer, should " by act of parlialnent be put out of that house; "and that hereafter no Inember of the house of " COlnmons should without their consent be called " up to be a peer, except in case of descent: that " no person, which should hereafter be made a peer " of the realm, should be admitted to have his seat, " or vote in the house of peers, \vithout the consent " of both houses of parliament: that those members " of the house of commons, who had this parliament "been called to the house of peers, except in case " of descent, should be excluded fron1 giving their " votes in the house of peers, unless both houses of " parlianlent should assent thereunto: that no menl- " her of either house of parlialnent should he pre- BOOK IV. 1642. 190 THE HISTORY 1642. " ferred or displaced, sitting the parliament, with- " out the consent of that house, whereof he was a " member: that such of either house as had been " preferred to any place or office, during the parlia- " ment, might be put out of those places b. " That the king would declare the names of those " who advised him to the accusation of the lnenl... " bers, and all the particulars that ensued upon that " accusation; and that he would make public dc- " claration and promise in parliament, never more " to receive information from any nIan to the preju- " dice of any member of either house, for any thing " done in that house, ,vithout discovering the name " of such person ,vho gave him such information." These, and many other particulars of the like na- ture, were the results of that committee at Grocers' hall; which I insert here, being the proper time of their birth, that the world may see what their pro- jections \vere in the infancy of their visib]e power and advantage, though they ,vere not digested into avowed propositions till long after, as the effects of riper divisions, and fuller grown jealousies. For by that time they had shaped and framed c these de- vices, they found the eyes of the people not d so uni- versally shut as they had been; and that the king's coming to the house of commons, or the accusing the menlbers, ,vas not nIore spoken of than the tu- mults, and the driving the king out of London, and not suffering him to be quiet at Hampton-court. Then e the lords begun to take new courage, and though they were somewhat intoxicated \vith f the BOOK IV. b places.] offices and places.- C franIed] formed d not] not to be e Then] Then that f intoxicated with-capable] . intoxicated with the matter of OF THE REBELLION. 191 fears and jealousies concerning their privileges, yet they thought trespasses of that kind capable f of re- paration, and so were willing to receive any over- ture from the king to that purpose. I t was con- cluded g therefore, " the time was not yet ripe to do " all at once, till more men were engaged," and re- solved, "with more patience to win their ground by " inches." The king continued at Windsor to expect the end, or the issue of this tempest; and finding that they hardly would take notice of his former llles- sages, but proceeded in the high ways of destruc- tion, for he had ad vertisement of their 1110St secret combinations, resolved to send such a message to the two houses, whose united reputation ,vas yet too great to struggle with, as Inight at least divide those, who desired the public peace, from the mi- nisters of confusion: and so on the t\ventieth of Ja- nuary sent this proposition and nlessage to them in writing, "for preventing those evils, ,vhich the The king's " manifold distractions threatened to the kin g dom. proposition , and mes- "that they would with all speed fall into a serious sage to both . . houses, "conslderatlon of all those particulars, which they Jan. 20. "held necessary, as well for the upholding and " maintaining the king's just and regal authority, "and the settling his revenue, as for the present " and future establishn1ent of their privileges, the " free and quiet enjoying of their estates and for- " tunes, the liberties of their persons, the security " of the true religion no\v professed in the church "of England, and the settling of ceremonies in " such a manner, as nlight take away all just of- privilege, yet that they thonght g It was C'oucluded] Thev It a trespas capable concluded BOOK IV. 1642. 19 THE HISTOlty BOOK "fence; which when they should have digested, IV. "and cOlnposed into one entire body, that so his 1642. "majesty and theu1selves might be able to make " the more clear jurlglnent of them, it should then " appear, by what his majesty would do, ho,v far he " had been from intending or designing any of those " things, which the too great fears and jealousies of "some persons seemed to apprehend; and how " ready he would be to equal and exceed the great- "est examples of the most indulgent princes in " their acts of grace and favour to their people; so " that, if all the present distractions, which so ap- " parently threatened the ruin of the kingdom, did " not, by the blessing of Almighty God, end in a "happy and blessed accommodation, his majesty "would then be ready to call heaven and earth, "God and man, to witness, that it had not failed " on his part." This message was received by the lords ,vith great signs of joy, insomuch that they desired the COllllnons to join with them in returning their thanks h to his u1ajesty for his gracious offers, i and to assure him, "that they would forthwith apply "themselves to those considerations he proposed." Both However the next day they joined together in a pe- houses pe- ... . tition tbe tition to the kIng, "that he would, In k very few king about " d d . h . .c d d . t th the accused ays, sen In IS prools, an procee agallls e members. "members he had accused of high treason, or de- "clare them to be innocent, and hin1self to be ill His majes- " advised:" to the which he ans,vered, "that he ty's answer. . "was ready to proceed agaInst them; hut, that " there might be no new mistakes in the way, and h their thanks] thcir joint i gracious offers,] gracious offer, thanks k in] within OF THE REBEI LION. 193 " form of the proceedings, he desired, that it might " be first resolved, whether his majesty were bound "in respect of privileges to proceed against them "by impeachn1ent in parliament, or whether he " \vere at liberty to prefer an indictment at common " law in the usual \vay, or wl1ether he had his choice " of either: before that was resolved, his majesty "thought it unusual and unfit to discover what " proof he had against then1; but then, he would "give such speedy direction for prosecution, as " Inight put a deterlnination to the business." This gave then1 new offence and troll hie; and if the king's council had had the courage to have in- sisted upon the matter of law, and the lords would have given theln reasonable countenance, they would have been 111uch puzzled to have procured a resolu- tion, that would have served their purposes to all parts, and been content 1 to have suspended their judglnent, that so the king might have suspended his prosecution. For if the judges had been called m to deliver their opinions in point of la\v, which they ought to have been, they could not have avoided the declaring, that by the known law, which had been confessed in all tin1es and ages, no privilege of parlian1ent could extend in the case of treason; but that every parlÏament-n1an was then in the condi- tion of every other subject, and to be proceeded against accordingly. In the next place, as they ,vould never have ventured then1selves upon the house of peers' under an impeachlnent, and thereby made them their judges, which indeed was incon- gruous, every subject being to be tried for his life I content] contented VO L. II. m ('alledJ c(')mpelled o BOOK IV. 1 642. BOOK IV. ] 642. 194 THE HISTORY jJer palres, vel n pelr legelll le'rl'æ, to both which the lords and the Ïlnpeachnlent were 0 directly opposite; so they ,vould less have trusted an indictnlent at law, and a ,veIl chosen sober jury, who had been hound to follow their evidence of fact, and were not judges of the la,v, which ,vas severe in any conspi- racy against the cro"Tn, or the persons of king or queen. But having shut the doors against any Inention of law, they Inade no scruple of resolving, and an- s,vering his Inajesty, "that they ,vere first to see "the evidence he had to }Jrove the guilt, before " they could give any direction for the lUanneI' of "the prosecution, and proceeding;" "rhich they grounded upon a nlaxiul, they had but lately esta- blished, p though never till then heard of; "that no " lllenlber of parliament, for ,vhat offence soever, "could be arrested, or proceeded against, but by "the consent of that house, of 'v hich he ,vas a " Ineluber; and then, they said, they could not give " or deny their consent by any other lneasure than '" the kno,vledge of the crÍIne and proof, upon ,vhich " such 111enlber stood accused." "Thich conclusion 11ad been reasonable, had the prenlises been just; q ,vhereas the argunlent ,vas to be inverted, that their consent ,vas not to be asked, because they had no cognizance of the crilne, of ,vhich their 111enlbers ,vere accused, nor were judges whether their accusa- tion ""ere valid in law, or sufficiently proved in fact. I t is not to be believed ho,v nlany sober, ,vell- n vel] and fore, o were] was q had the premises been P lately established,] esta- just;] if the aSSUlllPtion had blished three or four days be- been just; OF l'HE REBELLION. 195 Ininded Inen, who were real lovers of the peace of BOOK the kingdom, and had a full submission and reve- IV. rence to the known laws, r were ilnposed upon, and 1642. Observa- had their understandings confounded, and so their !ions t?l ch- "rills perverted, by the lllere mention of privilege of :eP:;V r_ parliament; which, instead of the plain and intelli_liament. gible notion of it, was, S by the dexterity of those boutefeus, and their under-agents of the law, and the supine sottishness of the people, rendered t such a mystery, as could be only explained by themselves, and extended as far as they found necessary for their occasions, and was to be acknowledged a good reason for any thing that no other reason could be given for. "We are," say they, "and have been, " ahvays confessed, the only judges of our own pri- " vileges; and therefore whatsoever we declare to " be our privilege, is such: otherwise \vhosoever de- " termines that it is not so, makes himself judge of " that, whereof the cognizan e only belongs to us. ' And this sophistical riddle perplexed U Hlany, ,vho, notwithstanding the desperate consequence they sa\v must result fronl such logic, taking the first proposi- tion for true, which, being rightly understood, is so, have not been able to ,vind thelllseives out of the labyrinth of the conclusion: I say the proposition rightly understood: they are the only judges of their o\vn privileges, that is, upon the breach of those privileges, which the la\v hath declared to be their own, and what punishment is to be inflicted r and had a fun submission and reverence to the known laws,] and had the known laws in full submission and reve- rence, s instead of the plain and in- telligible notion of it, was,] frOll) the 1l10St defined, limited notion, was, t rendered] was rendered 11 perplexed] hath perple ed 02 196 THE HISTORY J 642. upon such breach. But there can be no privilege, of \vhich the law doth not take notice, and which is not pleadable by, and at la\v. The truth and clearness of this will best appear by instance: If I am arrested by process out.of any court, I anl to plead in the court, that I anl a nlem- bel' of parliament, and that, by the privilege of par- lial11ent, my person ought to be free fronl arrests. Upon this plea the judge is bound to discharge 111e; and if he does not, he is a crin1inal, x as for any other trespass against the la,v: but the punishing the person, ,vho hath 111ade this infringement, is not \vithin his po,ver, but proper to that jurisdiction, against which the contelnpt is; therefore that house, of ,vhich I am a Inember, upon cOlnplaint made of such an arrest, usually sends for the persons culpa- ble, the party at ,vhose suit the arrest is made, and the officers \vhich executed it, and cOl1lnlits thenl to prison, till they nlake ackno,vledgl11ent of their of.. fence. But that house never sends, at least never did till this parliall1ent, any order to the court, out of which the process issued, to stay the proceedings at la,v, because the privilege ought to be legally pleaded. So, after the dissolution of parlial11ent, if I am arrested \vithin the days of privilege, upon any plea Y of privilege the court discharges me; hut. then the party that arrests llle escapes punishment till the next parlialnent, the judge having no 1110re po,ver to comn1it the man that sued or arrested Ine, than he hath to imprison a nlan for bringing an ac- tion at law, ,vhen he hath no good title; neither is he judge of the contetTIpt. BOOK IV. x a criminal,] criminous, y any plea] my plea OF THE REI3EI J ION. 197 Again: If a lnan brings an information, or an ac- tion of the case, for ,vords spoken by me, and I plead, that the words ,vere spoken by me in parlia-" ment, when I was a member there; and that it is against the privilege of parliament, that I should be impleaded in any other place, for the words I spoke 7- there; I ought to be discharged fron1 this action or information, because this privilege is known, and pleadable at law: but that judge can neither punish nor a examine the breach of privilege, nor censure the contempt. And this is the true and proper nleaning of the old received axioln, that they are judges only of their own privileges. And indeed these t,vo, of freedoln from arrests for their persons, (which originally hath not been of that latitude to make a parlialnent a sanctuary for bankrupts, where any person outlawed hath been declared incapable of being returned thither a lllenl- bel',) and of liberty of speech, were accounted their chiefcst b privileges of parliament: for their other, of access to the king, and correspondence by confer- ence with the lords, are rather of the essence of their councils, than privileges belonging to them C. But that their being judges of their privileges should qualify them to make new privileges, or that their judgn1ent should create them such, as it was a doc- trine never before now heard o so it could not but produce all those monstrous effects \ve have seen; when they have assunled to s\vallow all the rights and prerogatives d of the crown, the liberties and lands of the church, the po,ver and jurisdiction of Z spoke] spake a nor] or b their chief est] their chief- est, if not their only C to them.] to it. d prerogatives] prerogative 03 BOOK IV. 1642. 198 THE HIS".rOR'Y BOOK the peers, in a word, the religion, laws, and liberties IV. of England, in the bottolnless and insatiable gulph 1642. of their own privileges. And e no doubt these inva- sions, on pretence of pri vilege, will hereafter be judged to have been e the most unparalleled and capital hreach of those privileges, that had ever yet been attelnpted. The lords In the address, which the house of commons pre- and com- mons differ pared for acknowledgment of the king's grace and about ad-.L'. . h . f h . h f J dressing for laVOUr In IS message 0 t e t,ventiet 0 anuary, n m(),'ing th h d d ... d " th t .L' d f th · fi sir John ey a esue, a lor a groun 0 ell" con - I f JYTOn l " dence, and removal of J . ealousies, that the y mÍ!rht rom t Je LJ Tower. " apply themselves to give his majesty satisfaction " in the Inethod he proposed, his 111ajesty would pre- " sently put the Tower of London into the hands of " such a person, as both houses should recommend " to hinl:" in which the lords differed with them; as well for that the disposal of the custody thereof ,vas the king's peculiar right and prerogative, as like,vise that his lnajesty had cOlnlnitted the charge thereof to sir John Byron, a person of a very an- cient falnily, an honourable extraction, and f good fortune, and as unblemished a reputation as any gentlenlan of England. The comnlons, much trou- bled that the lords should again take the courage to dissent from then1 in any thing, resolved to press the king upon their o\vn score, and to get the re- commendation of so great an officer to themselves. The com- And therefore on the six and twentieth day of mons by thc!} selves January, they sent a petition to him in the name of petItIOn the h · h . · d b f h ' king to do t e knlg ts, cItIzens, an urgesses, 0 t e comlnons it and to h bI d . I . . h . h h k ]);.t all the ouse assem e In par lament; In w IC t ey too e And-to have been] And digression to be no doubt will dcternlÏne this f and] Not in It/S. OF THE REBELLION. 199 notice " of the gracious message from his majesty of BOO K "the twentieth instant, for which they returned IV. "lllOst humble thanks, resolving to take it into 1642. · . d . d . d other forts, " speedy and serIOUS consl eratlon; an sal, to en- and the mi- " able thelll with security to discharge their duties :ah os "therein the y had desired the house of P eers to of confiding , men. " join with them in humbly beseeching his lnajesty " to raise up unto theln a sure ground of safety and " confidence, by putting the Tower, and other prin- " cipal forts of the kingdom, and the whole lnilitia " thereof, into the hands of such persons as his par- " liament might confide in, and as should be reCOlll- " Inended unto him by both houses of parliament; " that, all fears and jealousies being laid aside, they " lnight \vith cheerfulness proceed to such resolu- " tions, as they hoped would lay g a sure foundation " of honour, greatness, and glory to his majesty, "and his royal posterity, and of happiness and " prosperity unto his subjects, throughout all his " dominions; wherein the house of peers had re- " fused to join with them. But they, notwithstand- " ing, no way discouraged, but confiding in his lna- " jesty's goodness to his people, did therefore make " their humble address to him to beseech him, that "the Tower of London, and other principal forts, " and the whole lnilitia of the kingdoln, might be " put into the hands of such persons as should be " recommended to him by the house of comlnons; "not doubting but they should receive a gracious "and speedy answer to that their hUlnble desire, " without which, in all human reason, the great "distractions of the kingdom must needs over- " whelm it with n1isery and ruin." g would lay] to lay. 04 200 THE HIS'fOIlY BOOK The king was not troubled at the receipt of this IV. petition, glad that, since they could not be brought 16'42. to such a degree of reasonableness, as Inight make up aU breaches, they ,vould be so peremptorily un- reasonable as might probably sever those from them, who were not so desperate h as thelnselves; and he hoped, that when the people should observe that this grasping of the Inilitia of the kingdom into their own hands, as an expedient for the composing their high- grown fears and jealousies, was no more than they desired the Slunmer before, \vhen sir Arthur Hasle- rig brought in his bill into the house of commons, \vhich is before remelnbered, when that title of fears and jealousies was not discovered; and ,vhen the peers should observe, that the house of COlnmons in- solently delnanded, by their own single suffrage, the deputing Inen to places of that vast importance, i they ,vould both conclude, that those hnmodest askers were not only fit to be denied, but reforlned : yet be- lieving that real and just fears might k grow up, to discountenance and suppress those imaginary ones, his majesty vouchsafed a very soft and gentle I an- His rnajes- swer to that petition; and told theIn, "that he hoped ty's an- h -. ld h d d swer. "IS gracIous Dlessage wou ave pro uce some " such overture, as, by offering what ,vas fit on their "parts to do, and by asking what was proper for "him to grant, might have begot a Inutual confi- "dence in each other. Concerning the Tower of " London, that he did not expect, having preferred a " person of a known fortune, and unquestionable re- " putation, to that trust, that he should have Leen . h so desperate] as desperate i to places of that vast im- portauce,] to that prodigious trust, k nlightJ would I gentle] dispassionate OF 'THE REBELLION. Ol "pressed to remove him without any particular "charge objected against hin1 : however, that if, "upon due examination, any particular should be " presented to him, whereby it might appear he was " Inistaken in his good opinion of that gentleman, " and that he was unfit for the trust cOlnn1itted to " him, he would make no scruple of discharging him; " otherwise, he ,vas obliged, in justice to hitnself, to "preserve his own work, lest his favour and good " opinion Inight prove a disadvantage and Inisfor- " tune to his servants, ,vithout any other accusation; " of which he hoped his house of conlmons would be " so tender, as of a business, wherein his honour was " Inuch concerned, as, if they found no material ex- " ceptions against that person, they ,vould rather en- " deavour to satisfy and refornl the fears of other " Inen, than, by complying with theIn, press his ma- " jesty to any thing, ,vhich did so nluch reflect upon " his honour and justice. "For the forts and castles of the kingdom, that "he was resolved they should always be in such " hands, and only in such, as the parlialnent Inight " safely confide in; but the nonlination of any per- " sons to those places, being so principal and inse- " parable a flower of his crown, vested in him, and " derived to hinl from his ancestors by the funda- " ßlental laws of the kingdoln, he ,vould reserve to " hilnself; in bestowing whereof: as he would take " care that no corrupt or sinister courses should pre- " vail with hinl, so he ,vas \villing to declare, that he " should not be induced to express that favour so " soon to any persons, as to those whose good de- "meanour should be enlinent in, or to his parlia- "ment. And if he thèn had, or should at any time, BOOK IV. 1642. !20 TI-IE I-IISTORY ... 1642. " by Inisinformation, confer such a trust upon an un- " deserving person, he was, and would ahvays be, " ready to leave hin1 to the wisdoln and justice of " the parliament. 111 " For the militia of the kingdom, which by the " la,v was subject to no command but of his majesty, "and of authority lawfully derived from him, he " said, when any particular course for ordering the " same should be considered, and digested, and pro- " posed to him, he would return such an answer as " should be agreeable to his honour, and the safety " of his people, he being resolved only to deny those " things, the granting whereof ,vould alter the fun- " damental la,vs, and endanger the very foundation, "upon which the public happiness and welfare of " his people was founded and constituted, and which " would nourish a greater and more destructive jea- " lousy bet,veen the crown and the subject, than any " of those, which would seem to be taken away by " such a satisfaction. . " He said, he was not willing to dOll bt, that his " having granted nlore than ever king had granted, "would persuade thelll to ask more than ever sub- " jects had asked: but if they should acquaint him " with the particular grounds of their doubts and " their fears, he would very willingly apply remedies " proportionable to those fears; for he called God to " witness, that the preservation of the public peace, " the la,v, and the liberty of the subject, was, and " should always be, as much his care as his o,vn life, n " or the Ii yes of his dearest children. BOOK IV. m the parliament.] his parlia- 11 his care as his own life,] bis Inent. care and industry, as of his life, OF 'rHE REBELLION. !lOg " And therefore he did conjure them by all the " acts of favour they had received from him this par- " lialnent, by their hopes of future happiness in his " majesty, and in one another, by their love of reli- " gion, and the peace of the kingdom, in which, he " said, that of Ireland was included, that they \vould " not be transported by jealousies, and apprehensions " of possible dangers, to put themselves, or his ma- "jesty, into real and present inconveniences; but " that they would speedily pursue the way proposed " by his forlner Inessage, which, in hU111an reason, " was the only way to C0111pOSe the distractions of "the kingdom, and, with God's blessing, would re- " store a great measure of felicity to king and peo- " pie." This answer being not only a denial, but such an expostulation as would render their counsels of less reverence to the people, if upon those reasons they should recede from what they had with that confi- dence, and disdain of the house of peers, delllanded of the king; they therefore 0 resolved to set up their rest upon that stake, and to go through with it, or perish in the attempt. And, to this purpose, they again muster up their friends in the city, and send their emissaries abroad, to teach the people a new language. All petitions must now desire, " that the " kingdom lllight be put into a posture of defence, " and nothing else would serve to defend them from " the lllany plots and conspiracies against them, or " secure then1 from their own fears and jealousies." More petitions were presented to the house of COll1- Inons by some citizens of London, in the name of o they therefore] and therefore they BOOK IV. 1642. Q04 HE HISTORY BOOK those merchants, that usually traded to the 'nlint IV. . . wIth bullion; 'v ho pretended " that their fears and 1642. "jealousies \vere so great, that they durst not carry " their bullion to the Tower, being not satisfied with " the present lieutenant there; P and therefore de- " sired that he Inight be removed ;" and nlore to the like purpose. q They had wholly undertaken the managing of the war in Ireland, and really, for many reasons, neither did use, nor desired to use, any great expedition in that work; yet having with great industry infused into the minds of the people at least a suspicion that the court favoured that rebellion, they always made use of the slowness in those proceedings to the king's The com-. disadvantage. About that tÏ1ne, they had desired mons desIre. . . to borrow the CIty to furnIsh them wIth one hundred thousand : n:i ;f pounds, for the levying and accommodating forces to be sent into that kingdom, ,vhich gave the COlnmon council, where such loans were always transacted, opportunity to return their opinions, and advice upon The com- the general state of affairs. They said, " they could mon coun- cil's an- "lend no Inore money by reason of those obstruc- s\ver. . h . h h d h f h . k . d " tlons, w IC t reatene t e peace 0 t IS TIng om, " and had already rendered it r even desperate: that "the not passing the bill against s pressing of sol- " diers, which still depended with the lords, upon P there;] of the Tower; q and lllore to the like pur- pose.] Thus in MS. : and to that purpose; whereas in truth there was at that time, and from the titne that tbat gentleman was lieutenant, lnore bullion brought in to be coined, than in the same time for seven years before; nei- ther was there one llian of those who subscribed that petition, who ever brought pound weight of bullion to the mint in his ]ife. So tbat these cheats were too gross to do their business by, and they were quickly sup- plied with Inore powerful argu- ments. r rendered it] rendered that s bill against] bill for OF TIlE ItEBELLION. fl05 "those reasons forn1erly mentioned at large, put " n1any men into fears, that there ,vas some design " rather to lose that kingdom, and to consume this " in the loss of it, than to preserve either the one or " the other; and that the rebels "'"ere grown so strong " there, that they Inade account speedily to extir- " pate t the British nation in that kingdom; and that " they intended then, as they already bragged, to " come over, and Inake this the seat of the \var. " That the not putting the forts into such hands, " in whon1 the parliament Inight confide, the not set- " tling the kingdom in a posture of defence, the not " ren10ving the present lieutenant of the Tower, and " putting such a person into that place, as 111ight be "well approved by the parlianlent, could not but " overthrow trading more and more, and Inake monies " yet more scarce in the city and kingdom. That " the ll1isunderstanding bet\veen the king and par- " liament, the not vindicating the privileges thereof, " the charging sonle Inembers of treason to the de- " terring of others froln discharging their duties, and "to the destroying the very being of parliaments, " did exceedingly fill the minds of men well affected "to the public, with many fears and discourage- " ments; and so disable them from yielding that "cheerful assistance, which they \vould be glad to "afford. That by this means U there was such a de- " cay of trading, and such scarcity of money, neither " of ,vhich could be cured, till the fOI.:mer evils were " ren10ved, as it ,vas like, in very short time, to cast " innun1erable 111ultitudes of poor artificers into such " a depth of poverty and extremity, as might enforce t extirpate] extirpe u t11is means] means of the e BOOK IV. 1642. !lOb THE HIS'I'OllY BOO K "the!11 upon some dan g erous and des p erate attem p ts, IV " not fit to be expressed, ll1uch less to be justified; ] 642. "which they left to the house speedily to consider, " and prevent. These evils, under ,vhich they did " exceedingly labour and languish, they said, did " spring frol11 the employing of ill affected" persons " in places of trust and honour in the state, and near " to the person of the king; and that they were still "continued by n1eans of the votes of bishops, and " popish lords, in the house of peers. And so having " faithfully represented, they said, the true reasons, " which really enforced theln to return that answer, " they craved leave to protest before God and the "high court of parlialnent, that if any further Ini- " series befell their dear brethren in Ireland, or if " any mischief should break in upon this kingdoln, " to the endangering or disturbing the peace x thereof, " it ought not to be in1puted to them, but only to " such, ,vho should endeavour to hinder the effectual " and speedy cure of those evils before recited, which " did so much disable and discourage theln from do- " ing that which the house had desired of them." Petitions At the saIne tÌ1ne were presented other petitions, likewise from seve- subscribed by lnany thousand hands, and in the ra} counties f h k . I d Ii h ld concerning names 0 t e nlghts, gent emen, an ree 0 ers, the militia. and other inhabitants, of the counties of Middlesex, Essex, and H ertford; all which severally inveighed against the malignant party, ,vhich rendered the good endeavours of the house of COß1n10ns fruitless; " desired that the votes of the bishops, and popish " lords, might be taken out of the house of peers; " that they might be put into a posture of defence, x the peace] Not in :U S. OF rrHE REBELLION. 07 " and the forts , and castles of the kin g doln, into such no 0 K IV. " hands as the parlian1ent rnight confide in; that so 1642. " Ireland might be relieved, and this kingdo111 111ade " happy: one of theln adding, that the malignant " party of prelates and papists, and their adherents, "were inconsistent with the happy success of the "parliament." These petitions, and the answer of the con1mon council of London, were thought an1- pIe materials for a conference with the lords, who ll1ight be thereby relnembered of their duty; and to that purpose Mr. PYIn delivered them at a confer-Mr. PYill Id h " h deli\Ters the ence, and after they were read, to t eln, t at petitions to " their lordships might in those petitions hear the eal l " voice, or rather the cry of all England; and that ference. " they were not to "' onder if the urgency, the ex- " trelnity of the condition \ve were all in, did pro- "duce sonle earnestness and vehelnency of expres- "sion 1110re than ordinary; the agony, terror, and " perplexity, in \vhich the kingdom laboured, was "universal, all parts were affected ,vith it; and " therefore in those petitions they Inight observe the "groans and Iniserable complaints of all." After a long discourse of the great and notorious dangers tbe kingdon1 was in, by invasions threatened fron1 abroad, and insurrections fron1 within, he told theIn, " the obstructions, that had brought then1 into that " disten1per, ,vere principally the obstruction of re- "forlnation in matters of religion; and that there " ,vas never church or state afflicted with more gricv- " ances of that kind, than ,ve had been; and that " though they were partly eased and diminished by " the wisdom of the parliall1ent, yet luany still re- - "mained; and as long as the bishops, and the cor- "rupt part of the clergy, continued in their po,ver, BOOK IV. ] ô42. 208 THE HISTORY " there would be little hope of freedon1, either froln " the sense of those that continued, or the fear of " those ,vhich ,vere rell1oved. And of that obstruc- " tion, he said, he must clear the COllllnons, ,vho were " in no part guilty of it. Some good bills they had " already passed, anù others were in preparation, " and nlight have been passed before that tin1e, if " they had not found such ill success in the other " house Y : whatsoever nlischiefthat obstruction should " produce, they 'v ere free froln it; they Inight have " their part of the misery, they could have none in " the guilt or dishonour." He told theIn, "there was a great obstruction in " trade, ,vhich brought food and nourishn1ent to the " kingdolll; and then having enlarged hinIself "Tith " enulneration of the notable benefits the kingdonl " received by the fulness of trade, he said, he must " protest, the house of con1nIons had given no cause " to that obstruction : they had eased trade of nIany " burdens, and heavy taxes, and had freed it fro111 " nIany hard restraints by patents and nIonopolies; " they had sought to put the lnerchants into security " and confidence in reslJect of the To,ver of London, " that so they lllight be invited to bring in their "bullion to the mint, as heretofore they had done; " they were no ,yay guilty of the troubles, the fears, " and public dangers, ,vhich lllade Inen ,vithdra,v , " their stocks, and keep their money by them, to be " ready for such sudden exigents, as, in those great " distractions, they had too great cause to expect. " There ,vas an obstruction, he said, in the relief " of Ireland; but he must declare the COlTIlTIOnS were y house] Not in MS. OF THE REBEI LIO . Q09 " altogether innocent of any neglect therein; they " had agreed to the levies of lnen and money, and, "from time to tin1e, done all for the furtherance " thereof, though in the n1idst of many distractions " and diversions; but the ,vant z of comn1issions for " levying n1en, that \vas the bill about pressing, a and " divers other in1pedin1ents had been the causes of " that obstruction. Nay, he said, he did not only "find Ï111pediments to themselves, but encourage- "n1ent to the rebels; for many of the chief com- " n1anders no\v in the head of the rebels, after both "houses had stopped the ports against all Irish " papists, had been suffered to pass, by his majesty's " in1n1ediate warrants, 111uch to the discouragel11ent " of the lords justices and council there, ,vhich were b "procured by some evil instruments too near his " royal person, and, they believed, ,vithout his kno,v- II' " ledge and intention." He said, " there ,vas an obstruction in providing " for the defence of the kingdo111, that they l11ight be " enabled to resist a foreign eneI11Y, and to suppress " all civil insurrections: what endeavour they had " used to reI1.1ove the 111, but hitherto without that " success and concurrence which they expected, and " where their stop had been, and upon what grounds " they might proclain1 their o\vn innocency and faith- " fulness in that particular, they desired no other wit- " nesses but their lordships." lIe told then1, "the evil influences, which had " caused that disten1per, were the evil councils about " the king-, the great po,ver, that a factious and in- 7. want] wants h which were] and werE: a about pre sing,] fot" pressing, VOl... II. IJ BOOK IV. 1642. BOOK IV. 1642. 210 THE IIISTORY " terested party had in parliall1ent by the continu- " ance of the votes of the bishops, and popish lords, "in their lordships' house, and the taking in of "others out of the house of C01111110ns, and, other- - ",vise to increase their strength, the fomenting a " n1alignant party throughout the kingdonl, the jea- " lousies bet\veen the king and his parliament." And after many bitter and seditious expressions of the court, and of all those ,vho were not of his 111ind, he concluded, " that he had nothing to propose to their "lordships by way of request or desire from the "house of C0111mons; he doubted not, but their " judgments would tell them what was to he done; "their consciences, their honours, their interests, " would call upon the111 for the doing of it. The " commons would be glad to have their help and " concurrence in saving theC kingdon1; but if their " lordships should fail, it should not discourage then1 " in doing theÎr duty; and 'v hether the kingdom be " lost, or saved, they should be sorry, that the story " of this present parlia111ent should tell posterity, " that, in so great danger d and extre111ity, the house " of C0111illons should he enforced to save the king- " dom alone, and that the house of peers should have "no part in the honour of the preservation of it, " they having so great an interest in the good suc- " cess of those endeavours, in respect of their great " estates, and high degrees of nobility." As soon as this confereÍÎce ,vas ended, the speaker of the house of conlmons ,vas appointed to give 1\11'. Pym solemn thanks for his so well perforl11Ïng that service, and to require hiln to deliver his speech in C the] of the d so great d'-mger] so great a danger OF THE REBELLION. ll writing into the house, that it might e be printed; BOOK which was done accordingly, to the end that the peo- IV. pie might understand, besides those reproaches upon I G42. · · f f His speech the kIng, ho\v neglIgent the house 0 peers \vere 0 print d by their welfare and security. order. The san1e day and hour after that conference, a great number. of people, in the name of the inhabi- tants of the county of Hertford, presented a petition to the house of peers; in which, amongst other par- ticulars, "they con1plained of the delay of putting " the kingdom into a posture of ,val' for their better " defence, and the want of compliance by that ho- " nourable house ,vith the house of commons in en- " tertaining those many good Blotions, and passing " those necessary bills presented to them from that " house for the common good. And therefore they " desired then1, for the better ren10ving of all the " causes and springs of their fears and troubles, that " the evil counsellors, and others hindering the pub- " lie good,lnight be taken from his majesty, and the " voting of the bishops; and popish lords, to be re- " 1110ved f out of that honourable house: and that the " petitioners, who ,vould be ever ready to hazard " their lives and estates for the defence of the king " and parlianlent, the privileges of the saIne, and in "special those noble lords and gentlell1en in both " houses, whose endeavours were for the public good, "n1ight have liberty to protest against all those, as " enenlies to the kingdoln, ,vho refused to join ,vith " those honourable lords and the house of con1ll10ns, " for the putting the kingdoln into a ,yay of safety, e that it might] to the end it might 1 bishops, and popish lords, to be removed] popish lords and bishops ren10verl 1) 2 BOOK IV. ] 642. QIQ THE HISTOR.Y " under tbe cOlnluand of such persons, as tIle parlia- " ment should appoint." But neither this, nor any of the other proceedings \vere resented hy the house of peers, though their privileges were not only in- vaded, but the very freedon1 and liherty of parlia- ll1ent absolutelyg taken a\yay and destroyed thereby. "Then the house of COlnmons found tbat none of these extraordinary ,vays ,vould throughly subdue the house of lords, but that, thougb they had very sturdy champions there, the Inajor part, albeit the bishops and all the recusant lords ,vere driven from thence, still opposed them, whereby neither the bill for the taking a\vay the bishops' votes, nor about pressing, II could pass, and that they peremptorily still refused to join in the business of the militia; they found a ne\v way, as unpractised and as unnatural as any of the former, whereby they would be sure to have an influence upon the house of peers. It is an old custom, and privilege of that bouse, that upon any solemn debate, whosoever is not satisfied with the conclusion and judgnlent of the house, may de- mand leave to enter his protestation, which must be granted. The original of this was in jealous times, when men desired, for avoiding the::' ill consequence of any act there, that their dissents might appear; and ,vas very seldom practised, but when they con- ceived religion, or the cro\vn, trencbed upon; inso- much as you shall not find, in the journals of ll1any parliaments, one protestation entered; and when there ,vas any, there is no more in the records, than, after the resolution of the house is entered, i "tbat g absolutely] were absolutely . h about pressing,] for press- Ing, j entered,] .IJIS. acIds-: and the number of those that were con- t.ent and not content, OF THE REllELLIO.N. QIS " such a lord desired that his protestation or dissent k " lnight be entered;" and oftentimes ,vhen several} have dissented from the general opinion, not above one or two m have entered their protestation. n But since this parliament, as they altered this custom 0 from cases of high concernment to the nIost trivial debates, the minor part ordinarily entering their pro- testation, to the end that their opinions Il1ight be taken notice ofp, and who \vere opposite to then1, ,vhereby the good and bad lords \vere known and published; so they altered the form, and, instead of short general entries, caused the matter of debate q to be sUlumed up, and thereupon their protestation, " that they were not to be answerable for any incon- " veniences or l1Iischiefs, that should befall the COffi- " monwealth by reason of this or that resolution." So that from an act, for the particular indenInity of the person that made it, it gre,v sometin1es r to be a reproaching and arraigning the sense of the house by any factious number that disagreed. Then, be- cause the house of peers is a court of record, they concluded, " that any man upon any occasion Inight " peruse the journals ;8" and so every night the house of commons could see how the debates had been managed and carried all the day, and take public notice, and make use of it accordingly, which they could not do of those discourses they received from k his protestation or dissent] hiG protestation t that iS t his dis- sent 1 several] ten m or two] Not in MS. n their protestation.] his pro- testation, o this custom] the custom P of] Not in MS. q of debate] of the debate T sometimes] Not in IJJ S. S the journals;] their jour- nals ; r3 BOOK IV. 1642. BOOK IV. ] 6-12. 14 THE HIS rORY their confidents; for supplying whereof this unjusti- fiable Inethod ,vas found out. t For though it is a court of record, the highest court, and the acts and judgments of parliament are records, to ,vhich the subject may upon all occasions resort, yet they ought not to n1ake use of that liberty in order to question 11 any words spoken, or acts done, x and rel11eInbered there; of which if the 10rdsY are not the only judges, their privileges are much less than the con1lnons in truth have, and may justly claim. It happened, about this time, that upon some over- ture in the lords' house, which pleased them not, the violent party there, in a disorderly manner, cried out, Adjourn, alljourll, being not willing the l11at- ter should then come into debate; others were not "Tilling that the house should adjourn. The duke of Richmond, troubled at that tumultuary and indirect proceeding, said, without directing hirfiself to the speaker, "if they would adjourn, he wished it Dlight " be for six months," or words to that effect; upon ,vhich some of the other party ilnmediåtelyZ moved, " that the house might not rise, and that the duke " would explain a himself, and ans\ver the Dlaking "such a 1110tion, as, being granted, ,vould be de- " structive to the commonwealth." The duke said, "he Dlade no n10tion, but used that expression, to " shew his dislike of the other Inotion to adjourn at t this unjustifiable method was found out.] this trick was 1110st unjustifiably found out. U yet they ought not to n1ake use of that liberty in order to question] yet they have not li- berty to examine or peruse their journal books, much Jess ques- tion x acts done,] act done, y the lords] they z immediately] straight a would explain] might explain OF THE REBELI.AION. 15 , that tinle, when there was business in agitation of " great concernment; and that, ,vben he spoke, all " 111en being upon their feet, and out of their places, " he conceived the house had been up." Upon thÌs he "ras required to ,vithdraw; and then they, ,vho had long looked upon him with great envy and ani- Inosity, as the only great person, and officer at court, who bad discountenanced b their power, and their stratagems, and C bad with notable courage al- ,vays opposed their extravagances, and servile com- plying with the house of comnlons, and submitting to the tUlnults, and had ,vith singular constancy pre- served his duty and fidelity to his nlajesty unvio- lated, inveighed against that 1110tion, d " as of too " serious a nature to be made a jest of, and fit to be " censured as Inost pernicious to this kingdom, and " destructive to Ireland; the war ,vhereof could not " proceed, if the parlianlent should have been ad- " journed for six months, as bis lordship had pro- " posed." On the other side, it ,vas alleged, "that tbe mo- " tion had never been made to the 110use; and there- " fore they ought no more to question, or take no- " tice of it, than of every light or frolic discourse or "expression, that negligently or casually fell from " any man; ,vhich would take away all liberty of "conversation. IIo,veyer, that if it had been seri- " ously and forlnally nlade, it could be no crilne, it " being the necessary liberty and privilege of every "member, to Inake any Inotion he thought in his "judgment fit, ,vhich the house would approve, or " reject, as it found reasonable. And that, since it b discountenanced] contemned d that 1110tion,] the motion, c and] Not in 1J.lS. }) 4 BOOK IV. J 642. BOOK IV. 1642. 16 'rl-IE H IS'rOR Y " was as nluch in the house's power to adjourn for " six nlonths, as for six days, it was as lawful to " move the one as the other; of which there could " not be the least inconvenience, because the house " would be sure to reject it, if it were not found pro- "per." After a very fierce and eager debate, in which luuch bitterness and virulency ,vas expressed, it was resolved by the major part, " that the duke " had cOInmitted no offence;" and so he was as re- gularly absolved as was possible. Hereupon the earls of Northumberland, Pembroke, Essex, and e Hol- land, who thought the duke's affection and duty to his master a reproach, and his interest prejudicial to them, with the rest of that party entered their pro- testation; "that whereas such a. motion had been " made by the duke of Richmond, and upon being " questioned for the saIne, he had been acquitted by " the n1ajor part, they were free from the Inischiefs " or inconveniences, which might attend the not pu- " nishing f of an offence tending so lnuch to the pre- " judice of king or kingdom." This protestation, by the advice of that night's llleeting, was, the next day, taken notice of in the house of con1ffions, and the 11latter itself of the Ino- tion enlarged upon,g by all possible and rhetorical aggravations, concerning the person, and his in- terests, according to the licence of that house, and that people. I t was said, " here ,vas an evil COUll- " sellor, that had discovered hhnself, and no doubt " had been the author of many of those evil coun- '" sels, ,vhich had brought that trouble upon us ; that t: and] Not in MS. f punishing] punishment g enlarged upon,] extended, OF rrHE REBELLION. 217 " he had received his education in Spain, and had "been made a grandee of that kingdoln, and had "been ever since notoriously of that faction; that " his sisters were papists, and therefore his affection "was to be questioned in religion; that, from the " beginning of this parliament, he had been opposite "to all their proceedings, and ,vas an enemy to re- " forll1ation; that he had vehemently opposed the " attainder of the earl of Strafford; ,vas a friend to " bishops; and now, to prevent any possibility of re- " formation, which could not be effected without the " concurrence of the two houses, had It desperately " Inoved in the house of peers, "There he had a great " faction, that it would adjourn for six Inonths; in " ,vhich time the malignant party, of which he might " well be thought the head, and had the greatest in- " fluence upon the king's affections, ,vould prevail "so far, that all future hopes would be rendered " desl)erate, and the kingdolTI of Ireland be utterly " lost, and possessed by the papists: that they were " therefore to take this opportunity, which God had "given them, to remove so Dlalignant and danger- " ous a person from the king, and one so suspected, i "from so in1portant a charge as the cinque ports, " of which the duke was lord ,varden, and to send " to the lords to join with them in a desire to the " king to that purpose." On the other side, it ,vas objected, that" \vhilst " they were so solicitous fork their own privileges, " and sensible of the breach and violation of theIn, " they could not lllore justify those, who had been h bad] and had i one so suspected,] so us- pected a one, k for] of BOOK IV. 1642. BOOK IV. 1642. fl18 TIlE HISTOltY " the advisers of such breaches, than by offering the "like trespass to the privileges of the peers: that " the life of that council depended on 1 the liberty of " speech; and \vhere there ,vere so different Blinds, " there D1USt be different expressions; and if one " house might take notice \vhat the other house " said, or did, \vithin those walls, the lords would as " ,veIl question their 111el11Lers, as they did no,v one " of the lords; which would take a,vay all freedon1 " of debate: that they could not exanline the cir- " cunlstances, ,vhich attended that l11otion, if any " such was lnade; and therefore could not so l11uch " as, in their private understandings, Inake a reason- " able judgn1ent of it; but that they were naturally " to preSUl11e the circulnstances \vere such, as took " a,vay the offence of the nlotion ; for that the I11ajor " part of that house ,vhere the words \\rere spoken, " and at the tilne when they,vere spoken, had, upon " solenln debate, concluded, that there ,vas no crin1c " in thenl; and that they were not only tIle proper, " but the only judges in that case: and if the COll1- "mons should internleddle there,vith, it was no " other\yise, than, by the strength of the Inajor })art " of the house of C0l1ll110nS, to Inake the 111inor part " of lords superior to the nlajor part of that house; " ,vhich they ,vould not suffer to be offered to them- " selves." I t ,vas alleged, " That the duke ,vas a person of " great honour and integrity, and of so unblenlishcù " a faIne, that in all the discovery of the court- " offences, there ,vas not any reflection upon hiIn. " That his education had been, according to the best ) depended on] depended upon OF THE REBELLION. 19 "rules of the greatest persons, for SOlne years be- " yond the seas; and that, having spent more time " in France and Italy, he visited Spain; \vhere his " great quality being known, and no question as a "compliment to this kingdom, ,vith ,vhich it ,vas " then in strait alliance and confederacy, that king " had conferred the honour of grandee m upon hÏ1n; " which ,vas of no other advantage or signification " to hitn, than to be covered in the presence of that " king, as the principal subjects there are. That his " affection to the protestant religion was nnquestion- " able, "and very elnin nt; and though his sisters, " ,vho had been bred under their mother, \vere Ro- " luan n catholics, yet his brothers, of whose educa- " tion he had taken the sole care, were very good " protestants. " That his opinions in parliament had been very " avowed, and ,vere to be presumed to be according " to his conscience, in the l)rofession of \vhich he ,vas " so public, that there was reason to believe he used " no ill arts in private; since he had the courage " to do that aloud, ,vhich he had reason to believe " \vollld displease 111any. That it would be a great "prejudice and blelnish to their counsels and dis- " coverics, if after so long discourse of a malignant " party, and evil counsellors, of \vhich they had " never yet named any, they should first brand this " lord with that imputation upon such a ground and " occasion, as 111Ust include o all those lords who had "absolved him, \vhich \vas the major part of the "lords. In a word, that it \vould look as if they In grandee] a grandee n H,oman] Nut in AlS. o include] conclude BOOK IV. 1642. BOOK IV. ] 642. o 'rHE HIsrl'OH,Y " had devised those new words to 111ake 111en afraid, " and kept them in reserve to apply to all those, \vith " whonl they were angry." But notwithstanding all this, and all the reason that could be spoken on that part, and that there could be none on the other, after a debate of very many hours, till after nine of the clock at night, (the latest that ever ,vas in the P parliament, but that of the remonstrance,) in which it ,vas evident, that they nleant, as far as in them lay, to confound all .those, whom they could not convert; it was resolved by the majority of voices, not half of the house being present at that unseasonable time of the debate, " that they should accuse the duke of Richmond to " the lords to be one of the malignant party, and an " evil counsellor to his majesty; and to desire then1 " to join in a request to the king, that he might he " removed from any office or employment about his " person ;" which ,vas solemnly reconlnlended q to the lords accordingly, and by then1 so far received, that though the desire was rejected, no dislike or disap- probation of the matter or the manner ,vas in the least r discovered, or insisted on. All things thus prepared, and so Inany lords dl'i ven and kept from the house, besides the bishops, and they that stayed there, by this last instance, in- structed how to carry themselves, at least how they provoked the good lords to protest, they resolved once more to try whether the house of peers ,vould be induced to join in the business of the lllilitia, which they had twice refused; and to that purpose, P the] Nut ill iUS. r in the least] in the least q reconunended] commended manner OF THE REBELLION. l their old friends of the city in the saIne numbers flocked to 'Vestnlinster, but under the ne\v, re- ceived, and allowed style of petitioners; but as un- like petitioners to any of those lords or con1mons, whom they understood to be malignant, as the other tumults had been. From these herds there were two notable petitions delivered to the house of com- mons, the one from the porters, their number, as they said, consisting of ,fifteen thousand; the other under the title of many thousands of poor people in and about the city of London. The porters, with great eloquence, confessed " the un expressible pains " that honourable house had taken for the good of " church and state; which deserved to be recorded " to their eternal fan1e, though the effects of those "unwearied endeavours were not produced, by "reason of the prevalence of that adverse, lnalig- " nant, bloodsucking, rebellious party, by the power " of which the privileges of parlialnent, and the li- " berty of the subject was trampled upon, the rebel- "lion in Ireland increased, and all succours and " relief for that kingdom obstructed." They said, " That trade had been long languishing, but was now " dead by the fears, jealousies, and distractions they " lay under, for want of fortification of the cinque " ports, which was a great encouragement to the pa- " pists to n1ake insurrections,S and did much anÏlnate " a foreign power to invade us: that by the dead- " ness of trade they did want employment in such a " measure, as did make their lives very uncomfort- " able; therefore their request was, that that ex- " treille necessity of theirs luight be taken into seri- insurrections,] insurrection, nOOK IV. ] 642. BOOK IV. 1642. 2 TIlE HISTORY " ous consideration, and that the honourable house " of commons would fall upon the speediest course " for abating and quelling the pride, outrage, and in- " solency of the adverse party at hOllle; that the "land might be secured by fortifying the cinque " ports, and putting the people into a posture of de- "fence, that all their fears, or as many as could, " might be removed, and that trade might be again " set up and opened, that t their wants might be in " SOl1le measure supplied. They further desired that " justice 111ight be done upon offenders, according as " the atrocity of their crimes had deserved; for if "those things ,,,ere any longer suspended, they " should be forced to extremities not fit to be naIlled, " and to make good that saying, that necessity hath " no law. They said they had nothing to lose but " their lives, and those they would willingly expose " to the utmost peril, in defence of the house of C01l1- " mons, according to their protestation," &c. The other ,vas a petition in the names of lllany thousands of poor people, and brought by a multi- tude U of such, who seemed prepared for any exploit. I have thought fit, for the rareness of it, and the rare effect it produced, to insert that petition in terlllS as it \vas presented, thus. To the honourable the hOllse 0/' COJJlJ/lOJlS ]tOll' ([S- se'1llble(l ill jJarli(lJJlelll. " The hun1ble petition of n1any thousands of poor " people in and about the city of London, " Humbly she\veth, that your petitioners have " lain a long tÏ111e un er great pressures, and griev- t that] that so u a multitude] a great multitude OF THE REBELLION. Qg "ances both in liberties and consciences, as hath "been largely, and sundry tiInes, she,ved and, de- " c]ared, by several petitions exhibited to this ho- " nourable assembly both by the citizens and appren- " tices of the city of London, and divers counties " and parts of this kingdonl, from ,vhich \ve hoped " long ere this, by your pious care, to have been de- " livered. " But no,v we, who are of the meanest rank and " quality, being touched with penury, are very sen- " sible of the approaching storms of ruin, ,vhich hang " over our heads, and threaten to over\v helnl us, by "reason of the sad distractions occasioned chiefly " and originally, as your petitioners hU111bly conceive, " by the prevalency of the bishops, and the popish " lords, and others of that malignant faction; who " make abortive all good motions, ,vhich tend to the " peace and tranquillity of this kingdom of England, " and have hitherto hindered the sending relief to " our brethren in Ireland, although they lie \velter- " ing in blood; which hath given such head to the " adversaries, that we justly fear the like calaluities " inevitably to befall us here, when they have vent- " ed their rage and malice there. " All which occasions so great a decay and stop " of trade, that your petitioners are utterly ilnpo- " verished, and our Iniseries are gro\vn insupporta- " ble, \ve having already spent all that little nleans, " \vhich \ve had fornlerly, by God's blessing, and our " great labour, obtained; and Hlany of us have not, " nor cannot tell where to get, bread to sustain our- " selves and faluilies; and others of us are al1110st ar- " rived at the same port of calanlity; so that unless " some speedy relnedy he taken for the remov"al of BOOK IV. 1642. BOOK IV. J 642. !l 4 THE I-IISTORY " all such obstructions, \vhich hinder the happy pro- " gress of your great endeavours, your petitioners " shall not rest in quietness, but shall be forced to " lay hold on the next remedy ,vhich is at hand, to " remove the disturbers of our peace; ,vant and ne- " cessity breaking the bounds of modesty: and ra- " ther than your petitioners ,viII suffer themselves, " and their faillilies, to perish through hunger and " necessity, though hitherto patiently groaned under, " they cannot leave any means unessayed for their " relief. " The cry therefore of the poor and needy, your " poor petitioners, is, that such persons, who are the " obstacles of our peace, and hin.derers of the happy " proceedings of this parliament, and the enjoyment " of the looked for purity of religion, safety of our " lives, and return of our welfares, may be forthwith " publicly declared, to the end they may be made " manifest; the removal of whom we humbly con- " ceive will be a remedy to cure our lTIiseries, and " put a period to these distractions: and that those " noble worthies of the house of peers, who concur " with your happy votes, x may be earnestly desired " to join ,vith this honourable house, and to sit and " vote as one entire body; which ,ve hope will re- " move from us our destructive fears, and prevent " that, ,vhich apprehension \villlTIake the \visest and " peaceablest 111en to put into execution. Y " For the Lord's sake hear us, and let our religion, " lives, and \velfares be precious in your sight, that " the loins of the poor may bless you, and pray," &c. x with your happy votes,] Y into e'\:ecution] In exeCl1- with you in your happy votes, tion. OF THE I{EBELLIO . QQ5 After this scandalous and extravagant Z petition delivered, the house, according to its gracious cus- tonI, ordered thanks to be given for their great kind- ness. To a the \vhich \vhen it \vas b delivered by the speaker, who told them that the house \vas in consi- deration of those things, \vhereof they complained, sonle of that rabble, no doubt as they had been taught, replied, "that they never doubted the house " of commons, but they heard all stuck in the lords' " house, and they desired to know the names of those " peers, ,vho hindered the agreement between the " good lords and the commons:" \vhich they pressed \vith unheard of rudeness and importunity, and \vith a seeming un\villingness \"ithdre\v, whilst the house took the matter into further consideration. C Yet not\vithstanding this provocation, and that it was urged by 111any lllembers, some Ofd ,vhich had been assaulted and ill in treated by that rabble in their passage to the house, " that the countenancing " such licentious persons and proceedings would be " a great blemish to their counsels," they \vere again called in; and told, "that the house of COlllll10ns " had endeavoured, and \vould continue those endea- " vours for their relief; and they doubted not, when " they had delivered their petition, and what they " had said, to the lords, which they \vould presently " do, the causes of their evils ,vould be found out, " and SOllIe speedy course resolved upon for their re- " lief; and therefore desired them ,vith patience to " attend a further ans\ver." And accordingly that petition was solemnly read, and delivered to the Z scandalous and extr'avwrant] 110fl ible b a To] Not i.n 1118. VOI4. II. b it was] Not i.n iUS. c consideration.] consultation. d of] Not in lS. Q BOOK IV. 1642. Q 6 'I'I-IE HIS'I'ORY BOOK lords at a conference; and the conference no sooner IV. d d en e , than 1\11'. Hollis, one of those five WhOlU the 1642. king had accused a nlonth before of high treason, ,vas sent to the lords in a l11essage to desire them, " that they \vould join with the house of commons in "their desire to the king about the llliJitia ;" to \vhich he added, " that if that desire of the house " of COlnmons was not assented to, he desired those " lords \vho ,vere \villing to concur, ,vould find some " means to make themselves known, that it might " be known who were against them, and they might " make it known to those that sent them." After ,vhich motion and lllessage, the lords again resumed the debate; ,vhich the earl of N orthunlber- land begun with a profession, "that \vhosoever re- " fused, in that particular, to join \vith the house of " commons, were, in his opinion, enemies to the " common\vealth;" when the major part of that house had twice before refused to concur \vith thelU in it. Yet when his lordship was questioned for that nnparlialnentary language, all the other lords of that faction joined \vith him; and declared, " that it \vas " their opinion e like\vise:" the rabble being at the door to execute \vhatever they were directed: so that many lords, out of a just indignation to see their honours and their liberties sacrificed to the peo- ple by themselves; others, out of real fear of being murdered, if they should, in that conjuncture of time, insist on their former resolutions, \vithdrawing The Jords themselves; the nIajor part of those, who stayed, pass the bill touch- concluded to join with the house of commons in their ing the mi- d . . h . 1 .. f Jitia; eSlre concernIng t e TIn Itla. e opinion] opinion militia.] their desire of the mi- l' their desire concerning the litia. OF 1.-'HE REBELLION. '1 'Vithin t\VO days after this agreement and sub- BOOK Inission of the lords, another petition was presented IV. to the conlffions, in the name of the inhabitants of 1642. the county of Surrey, by a multitude of people, who were, or pretended to be, of that county, and sub- scribed by above two thousand hands. Their peti- tion was of the ordinaFY strain, full of devotion to the house of con1mons, and offering to execute all their commands; but with it they presented likewise a petition, ,vhich they intended to present to the lords, if they approved it, and was subscribed by above two thousand hands; by which it may appear where that petition was drawn, and when, however the hands were procured. The petition to the lords took notice "of their happy concurrence with the " house of commons in settling the militia, and forts, " in such hands as the commonwealth might confide " in, and the kingdom in such a posture as might be " for its defence and safeguard: yet they complained " of the Iniserable condition of Ireland, which, they " said, by the delay it had found amongst their lord- " ships, notwithstanding the pressing endeavours of "the house of comn10ns, together with many of " their lordships, had been exposed to the inhuman "cruelties of their merciless enemies. 'Vith like " grief they apprehended the distractions of this na... "tion, the composure of which g was altogether "hopeless, so long as the king's throne was sur- " rounded with evil counsellors, and so long as the " votes of popish lords and bishops were continued " in their house. "'Vherefore they did humbly pray, and beseech g which] which, they said, Q2 8 TI-IE IllS TORY BOOK "their lordships, that they,vould go on in a con- IV. . " stant unIon with the house of comnlons, in provid- ) 642. "ing for the kingdom's safety; that all evil counsel- " 10rs nlight be found out, Ireland relieved; that the "votes of the popish lords and bishops Illight be " speedily removed; that so the peace of the king- " dom Inight be established, the privileges of parlia- " lllent vindicated, and the purity of religion settled " and preserved. And, they said, they should be in " duty obliged to defend, and maintain ,vith their "lives and estates, their lordships, as far as h they " should be united with the honourable house of COln- " lllons, in all their just and pious proceedings." "Thich petition ,vas read in the house of comillons, and approved, and the petitioners thanked for their kind expressions therein; and then it ,vas delivered a )d the by them at the bar of the house of peers; ,vho, ,vith- bills toueh- . d . k . ing the In a ay or two, passed both the bIll for ta lng a,vay bishops' h b . h ' d } . .. ,'otes, and t e IS ops votes, an t 1at concerning pres nng, 1 pressing. which had lain so long desperate, ,vhilst the lords Both came, and sat with freedoJll in the house. And houses ad- h II h . d h . d . journ again t ese marve OUS t Ings one, t ey agaIn a ourn I d "nto Lon- both houses into London, to la y the scene for future on. ' action. Both Upon the second day k of February, some mem- li :St :- bel'S, appointed by both houses, attended his lllajesty t king h o at 'Vindsor with their petition, "that he would oue lllg the Tower, " forthwith put the To,ver of London, and all other forts, and militia, &e. " forts, and the ,vhole Inilitia of the kingdonl, into Feb. 2. "the hands of such persons, as should be reCOlll- " nlended unto his lnajesty by both houses of parlia- " ment; ,vhich, they assured thenlselves, ,vould be a h as far as] so far as j and that concerning press- ing,) and for pressing, k day] Not in iJ'IS. OF THE REBELLION. QQD " hopeful entrance into those courses, \vhich, through " God's blessing, should be effectual for the remov- " ing all diffidence, and n1isapprehension between I "his 111ajesty and his people; and for establishing " and enlarging the honour, greatness, and power of " his majesty, and royal posterity; and for the re- " storing and confirn1ing the peace and happiness of " his loyal subjects in all his don1inions. And to " that their most necessal'y petition, they said, they " did, in all humility, expect his speedy and gracious " answer, the great distractions, and distempers of " the kingdoln, not admitting any delay." At the san1e time they likewise presen ted another petition to him, concerning the accused members; in which they besought him "to give directions, " that the parlialnent m might be informed, before " Friday next, (,vhich was ,vithin t,vo days,) what " proof there was against then1, that accordingly " they might be called to a legal trial; it being the " undoubted right and privilege of parlianlent, that "no melnber of parliament could be proceeded " against, without the consent of parliament." His majesty now found that these persons could not be compounded with, and that their purpose ,vas, by degrees, to get so much power into their hands, that they need not care for what ,vas left in his; and that the lords ,vere in no degree to be relied upon n to l11aintain their o,vn privileges, much less to defend his rights; and that they had the IJo,ver generally to impose 0 upon the people's understanding, P con- 1 between] betwixt m the parliament] his parlia- n1cnt n re1ied upon] relied on o generally to impose] to im- pose generally . P understanding,] understand- 1 ngs, (-1 3 BOOK IV. ) 642. Q30 THE HISTORY BOO K trary to their own senses, and to persuade them, IV. " that they were in danger to be invaded by foreign 1642. "enelnies," wIlen the king was not only in peace with all Christian princes, but ahnost all other na- tions so embroiled in war, that they all desired the friendship and assistance of England; none was in case or condition to disturb it: "and that there was " a decay and deadness of trade, and want and po- " verty growing upon the whole kingdom," when no man living had ever remembered the like plenty over the whole land, and trade ,vas at that height, that the like had never been known. The king He resolved therefore to renlove himself to a resol ,'es to . remo,'e far- greater dIstance from London, where the fears and ther from · I . d I d London. Jea OUSleS gre,v; an constant y to eny to pass any act, that should be recomll1ended to him fron1 the two houses, except what might concern Ireland, till he might have a full prospect of all they intended to den1and, and an equal assurance how far they in- tended to gratify hiln for all his condescensions; which resolution ,vas very parlian1entary, it having been rarely known, till this present parlianlent, that the king consented to any acts, till the deterluination of the session. The truth is, when his majesty found the extreme ill success of the accusation against the members, and that the tumults, and the petitioners, "rere no other than an army at the disposal of those, in wholn he had no reason to put his confidence, and that all such, who expressed any eminent zeal to his service, would be taken from hÜn under the style of delin- quents and nlalignants, he resolved that the queen, who was very full of fears, should go to Portsmouth, colonel Goring, ,vho was governor thereo having OF 'rHE REBELLION. 231 found means to make good impressions again in their majesties of his fidelity; and that hi111self would go to Hull, where his magazine of cannon, ar111S, and ammunition q was; and that being secured in those strong places, ,vhither they who ,vished hin1 ,veIl might resort, and be protected, he ,vould sit still, till they "rho were over-active would con1e to reason. But this, though resolved ,vith so 111uch secrecy, that it was not comn1unicated to three persons, (as I have been since assured by those who kne,v,) whe- ther by the treachery of one of those few, or by the curiosity of others, (which I rather believe,) who found l11eans to overhear aU private discourses, (as both bedchalnbers were inhabited, and every corner possessed, by diligent spies upon their 111aster and mistress,) ,vas imparted to those, who procured those orders before mentioned for Hull and Ports111outh; by reason ,vhereof, and the advice, and pron1ise of many lords, "that they ,vould fir1111y unite thel11- "selves for the just support of the regal pOl vel'," ,vith the extrenle apprehension the queen had of danger, that counsel was laid aside. That ,vhich wrought so much upon the queen's fears, besides the general observation how the king ,vas betrayed, and how his rights and power were every day ,vrested from hitn, was an advertisement, that she had re- ceived, of a design in the prevalent party, to have accused her majesty of high treason; of ,vhich, with- out doubt, there had been some discourse in their most private cabals, and, I am persuaded, ,vas ÎI11- parted to her upon design, and by connivance, (for there were some incorporated into that faction, \vho q ammunition] munition Q4 BOOK IV. 1642. BOOK IV. J 642. !2gQ 'rIlE HISTOR Y exactly knew her nature, passions, and infirmities,) that the disdain of it l11ight transport her to some- what, ,vhich might give them advantage. And shortly after that discovery to her majesty, those per- sons before mentioned were accused of high treason; yet after,vards, ,vhen tiley haa received the full fruits, they found means to complain, " as a great ar- " gument of the malignity of those persons of near- " ness to both their majesties, that an infusion had " been made to the queen, that there ,vas a purpose " of accusing her of high treason," and solelTInly by message" besought her to discover, who had done " that malicious office;" when they very ,veIl kne\v ,vho it was, and for whose sake the queen ,vas brought to return answer, "that she had heard such " a discourse, but took no notice of it, as never he-. " lieving it:" whereas f she could r have been com- pelled to have discovered, how they knew that the queen had been inforlTIed, all the secret \vould have appeared; the same person first telling her what was in projection against her, and tIlen returning intelli- gence of any expressions and distemper, he might easily observe upon the apprehension \vhich the other begot. s But both king and queen were then upon that disadvantage, that all their words and actions, ,vhich \vere the pure results of their own reasons and judg- lnents upon \vhat they sa\v every day occurred, ,vere called the effects of evil counsels, that so they luight take the liberty to reproach them with the Dlore li- cence; whilst what they received by the lllOi't secret perjury of bedchan1ber spies, or ,vhat they forged r she could] they could begot.] begat. OJ.' THE REBELLION. 23g themselves, was urged as the result t of COnl1TIOn fame, or the effects of their fears and jealousies, to the rancour of which the nlost precious balm of the crown Inust be applied. And therefore it was con- cluded, "that the queen should take the opportunity " of her daughter the princess Mary's journey into " Holland," (who had been before man'ied to the young prince of Orange, and was no\v solemnly de- sired by the States alll bassadors to COine into that country,) "to transport herself into Holland, pa- " tiently to expect an amendment of the affairs of " England; and that the king should retire into the " north, and reside at York, and deny all particu- " lars, till the whole alteration should be framed." But the first resolution concerning the queen ,vas only published; the other, concerning the king, com- nlunicated to very few; both their Inajesties being reduced to so great wants, that the queen was COln- .pelled to coin, or sell, her chalnber plate, for the supply of her most necessary occasions, there being no money in the exchequer, or in the power of the Ininisters of the revenue; the officers U of the cus- t0I11S, out of which the allowance for the ,veekly sup- port of their Inajesties' household had been Inade, being enjoined by the house of conlmons, not to issue out any Inoney, without their particular consent and approbation. I t ,vas evident now that the accused ll1elnbers were too 111ighty for the king, or the law, and that they ,vould adlnit no other judges of their guilt, than theIllselves, nor rules of proceeding, than the l)lurality of their own voices: and therefore the t result] resultants u the ofiicers] aud the OfllCCft' BOOK IV. 1642. 4 THE HIS'rORY BOOK king resolved to give over any more thought of that IV. b . USlness. And so to that petition he ans\\Tered, 1642. H that as he once conceived that he had ground "enough to accuse them, so now he found as good " cause wholly to wave x any prosecution of thenl." The other petition concerning the militia gave hitu more trouble; for thoùgh he was resolved in no de- gree to consent to it, yet he ,vas willing, till all things could be ready for the queen's journey, and so for his own remove, rather y to delay it, than deny it; lest the same army of petitioners nlight come to 'Vindsor to persuade him; ,vhich had con- verted, or prevailed over the house of peers. And he was persuaded by some, who thought they knew the telnper of both houses, that though they ,vere now united in the matter, they might easily be di- vided upon the circumstances; and that they ,vould not be of one mind in the election of the persons to be confided in. So that z to that petition his ma- jesty returned this anS\Ver: The king's "That he was \villing to apply a renledy not answer to" I h . d 1 th . d b d the petition on y to t ell" angers, Jut to ell' ou ts an conce n.i g " fears. and therefore that 'v hen he should know the milItia.' , "the extent of power, "Thich ,vas intended to be 'established in those persons, "Thorn they desired " to be comluanders of the militia in the several " counties, and likewise to ,vhat time it should be " linlited, that no power should be executed by a his " majesty alone without the advice of parliament, " then he would declare, that he ,vould be content " to put in all the forts, and over the militia, such " persons as both houses of parliament should either x \Va ve] desert y rather] Not in J18. z that] Not in MS. a by] to OF TIlE REBELLION. 35 " approve, or recommend to him; so that they be- BOOK "fore declared the names of the persons, whom IV. " they would approve or recommend, and so that no 1642. "persons should be named by them, against \vhom " his majesty should have just and unquestionable " exception." 'Vhich answer, though it was not a consent, gave theln notable encouragement, and exceedingly united the vulgar minds to them; \vho concurred only with them, as they saw them like to prevail in what they went about. And there was no danger of any dis- union in the nomination of persons; because, though they should at first admit such into the number, WhOlll they could not sufficiently trust, nor plausibly except against, yet when they,vere once possessed of the power of nomination, they Inight easily weed out those, which were not agreeable to the soil they were planted in. However this \vould take up SOine time; and therefore to keep the king's inclina- tion to gratify then1 (for so they would understand it) warm, the same day they received this ans,ver, they returned a message of thanks; and desired his The house majesty, "\vhilst they were preparing all other par- :oC:.,n _ " ticulars according to his command, that he would the o " confer the custody of the Tower upon sir John thanks; and desi re " Coniers," whom they had lately recommended to sir John h . . b f . 'V . h Coniers IS maJesty, as a person 0 great merIt. It may be h . h I. . . d d d . d l . k . b · made lieu- W IC ueing SUrprISe , an eSlre 1 ewise y SIr tenant of John Byron to free him from the agony and vex a- the 'Tower. tion of that place, which had exposed his person and reputation to the rage and fury of the people, b whom they had lately re- WhOlll his majesty had lately comlucnded to his majesty,] recommended to them, 36 r.rHE HISTORY BOO K and compelled hin1 to submit to such reproaches, as IV. a generous spirit could not brook ,vithout Inuch re- 1642. gret; for he had upon frivolous surnlises been sent for as a delinquent, and been brought upon his The king knees at the bar of both houses; his lnajesty con- consents to d h I . d d . J h C . it. sente to t at a teratIon, an Ina e SIr 0 n onlers lieutenant of the Tower. 'Vhich ,vas such an in- stance of his yie ding upon importunity, that froll1 that tin1e they thought then1selves even possessed of the whole militia of the kingdom. - "ThiIst all diligence was used in lnaking prepara- tion for the queen's journey, to divert their councils from other inquisition, c the king (,vho had received so many sharp expostulations for breach of privi- leges, and other attelnpts upon their reputations) resolved, upon the publication of a bold scandal upon hin1self by one of their principal lnelnbers, to expostulate ,vith theIn, and try ,vhat satisfaction and reparation they ,vere prepared to give hiIn, d who exacted so much froIl1 hÍ1n. All opportunities had been taken in public, and all licence given to private and clandestine forgeries to lay odious or envious imputation on the king and queen, in the business of Ireland; and to Í1npute the progress and success of that rebellion to a connivance, if not a countenance, froin the court: the not levying men, and e sending provisions, imputed to his n1ajesty; though he had, as is before observed, offered to levy ten thousand volunteers for that service, and. had consented cheerfully to every propositi.on, that had been n1ade with the least reference to the assistance C inquisition,] inquisitions, ò give him,] give to him, e and] and not OF 'l HE REBELLIO . Q37 of that kingdonl. Indeed he ,vas so alarll1ed f ,vith those perpetual odious suggestions, g ,vhich he per- cei ved wrought very pernicious effects in the nlinds of the people, that he was compelled to consent to many things contrary to his judgn1ent and kingly policy, to prevent greater inconveniences by those scandals, which he saw ,vere prepared for him. So ,vhen 3everal propositions ,vere recomlnended to hit11 by the t,vo houses concerning those supplies, ,vhich ,vere to be sent out of Scotland, alTIOngst the rest, there ,vas one, "that the Scots should have " the COl1ul1and and keeping of the town and castle " of Can'ickfergus; and if any regÏ1nents, or troops, " in that province should join with them, that they " should receive orders frol11 the commander of the " Scottish h forces." The king consented to all the rest, though there were matters unreasonable enough in favour of that nation; but, " that," h said, " he " could not approve of;" and ,vished " the houses " to take that proposition again into consideration'A " as a business of very great importance, which he, " doubted might prove prejudicial to the crown of " England, and the service intended." And he said, " if the houses desired it, he ,vould be ,villing to "speak with the Scottish i comn1issioners, to see ",vhat satisfaction he could give then1 therein." This answer was no sooner read, but both houses voted, "that whosoever gave the king advice, or " counsel, to send that answer, ,vas an enell1Y to the 'king and kingdonl," and a cOl111nittee appointed to find out "rho those evil counsellors were. So f alarmed] alarumed g suggestions,] impositions, h Scottish] Scotch i Scottish] Scotch BOOK IV. 1642. 38 THE HISTORY BOOK that, the Scottish k comn1issioners pressing hiln, IV. " that, being their native king, he would not pub- 1642. "lish a less trust and confidence in them, than "their neighbour nation had done," his majesty thought fit to consent to the whole, as the two houses had advised. Then, in the carrying on the war, they allo,ved his majesty so little power, that when he recom- mended some officers of prÎIne quality, reputation, and experience in the war, to the lord lieutenant to be elnployed in that service, the house of commons by express order, and after they knew that his ma- jesty had recomlnended them, rejected theIn, be- cause they were taken notice to have attended upon the king at 'Vhitehall, as a guard to his person. And, after all this, they took all occasions to asperse him ,vith any olnissions that ,vere in that great work; as 1\11'. Pym had more particularly done, in that speech before taken notice of, at the confer- ence \vith the lords, upon the delivery of those sedi- tious petitions; of ,vhich the king could not take notice, lest he should be again reproached with breach of privilege. But when that speech ,vas printed by order of the house, the king thought he had an opportunity to require a vindication; and therefore, in a letter The king to the speaker, he sent this message: "That he demands h reparation "had taken notice of a speech, pretended by t e s ?o xin " title to have been delivered by 1\lr. Pym in a con- a printed "ference, and printed by order of the house of com- speech of Mr. Pym's. " mons; in \vhich it was affirmed, that since the k Scottish] Scotch OF THE REBELLION. 239 "stop upon the ports against all Irish papists of BOOK " both houses, I lllany of the chief commanders, now IV. " in the head of the rebels, have been suffered to 1642" " pass by his luajesty's immediate warrant: and be- " ing certain of having used extreme caution in the " granting of passports into Ireland, he conceived, " either that paper not to have been so delivered, "and printed, as is pretended; or that house to " have received some 111isinformation. And there- "fore his lnajesty desired to know, whether that "speech had been so delivered and printed; and if "it had, that the house \vould review, upon what "information that particular had been grounded, " that either it might be found upon reexamination " false, and so both the house, and his majesty, to " have been injured by it; or that his majesty might " know, by what means, and by ,vhose fault, his au- " thority had been so highly abused, as to be made "to conduce to the assistance of that rebellion, "which he so much detested and abhorred; and "that he might see hhnself fully vindicated from " all reflections of the least suspicion of that kind." I t was some tune before they would vouchsafe The house h k . h . b of com- any answer to t e Ing upon t IS lnessage; ut at mons' last they returned, "that the speech, mentioned in answer. "that message, was printed by their order, and " what was therein delivered was agreeable to the " sense of the house: that they had received divers "advertisements concerning the several persons, "Irish papists, and others, who had obtained his "majesty's immediate warrant for their passing " into Ireland, since the order of restraint' of both 1 of both houses,] by both houses, BOOK IV. 1642. The king's reply. 40 rrHE HISTOR Y' " houses; SOlne of \vhich, as they had been 111- "forllled, since their cODling into Ireland, had "joined ,vith the rebels, and been commanders " al110ngst them; and some others had been stayed, " and 'v ere yet in safe custody." Then they named some, to "Thorn licences had been granted before the order of restraint, and were still in England; and said, "there \vere others, "whose nanIes they had not yet received, but "doubted not, upon exalnination, they \vould be " discovered." To this the king replied, and told then1, " that as "he had expressed a great desire to give thelll all "possible satisfaction to all their just requests, and " a readiness to rectify, or retract, any thing done " by himself, \vhich might seenl to intrench III upon " their privileges by any mistake of his; so he hoped, " they ,vould he ready, upon all occasions, to Inani- " fest an equal tenderness and regard of his honour, " and reputation \vith his subjects: and therefore "he expected they should revie,v his message con- ". cerning 1\11'. Pym's speech, and their ans,ver, \vith "\vhich he could not rest satisfied. He said, he " ,vas most assured that no person, ,vho had COlll- " llland in the head of the rebels, had passed by his " ,varrant, or privity. And then, he desired thelTI "to consider, ,vhether such a general infornlation, "and advertisenlent, as they Ï1nplied in their an- " snrer, without the name of any particular person, " was a n ground enough for such a mrect and posi- "tive affirlnation, as was made in that speech; " which, in respect of the place and person, and be- m intrench] trench n a] Not in IJIS. OF THE REBELLION. 241 "ing now acknowledged to be according to the " sense of the house, was of that authority, that his " nlajesty n1ight suffer in the affections of many of "his good subjects, and fall under a possible con- " struction, considering n1any scandalous pamphlets " to such a purpose, of not being sensible enough of " that rebellion, so horrid and odious to all Chris- " tians; by which, in that distraction, such a dan- "gel' lnight possibly ensue to his majesty's person " and estate, as he ,vas well assured they would en- " deavour to prevent. And therefore he thought it "very necessary, and expected that they should " name those persons who had passed by his licence, ' and were then in the head of the rebels: or if, " upon their reexamination, they did not find parti- " cular evidence to prove that assertion, (as he was " n10st confident they never could,) as that affirma- " tion, which reflected upon his majesty, was very " pubJic, so they would publish such a declaration, " ,vhereby that mistake lnight be discovered; he "being the more tender in that particular which " had reference to Ireland, and being 0 most assured, , that he had been, and was, from his soul, resolved "to discharge his duty, for the relief of his poor " protestant subjects, and the utter rooting out that " rebellion; so that service had not suffered for the ",vant of any thing proposed to him, and ,vithin " his po,ver to grant." He said, "in this nlatter he had diligently exa- " mined his own memory, and the notes of his se- " cretarÌcs;" and then named all the Irish persons to WhOlU he had given any licences to go into that YOL. II. o and being] as being It BOOK IV. 1642. Q4Q THE HISTORY BOO K kingdom, since the beginning of that rebellion; 1> IV. and said, " he ,vas well assured, none of theln were IG42. "with the rebels; and though some of them might .. "be papists, yet he had no reason to have q any sus- "picion of then1, in respect of their alliance ,vith " persons of great honour and po,ver in that king- " dOll}, of whose fidelity to him he had good assur- " ance; and the lords justices themselves having " declared, that they 'v ere so far from o,vning a " jealousy of all papists there, that they had put " arlns into the hands of divers noblemen of that "religion, ,vithin the pale, ,vhich the parJiament " had well approved of. And therefore, unless the " first affirmation of the house of commons could be "made good by some particulars, he expected a "vindication by such a declaration as he had pro- " posed; which, he said, was, in duty and justice, " due to him." But this, and any thing else could be said, was so far from procuring any reparation, r that ,vhen they perceived the king still pressed for that justice, and apprehended that many ,vould believe it due to hhn, and that the prejudice they had raised to him for Ireland would be removed thereby, they confi- dently published another declaration of several per- sons' nalnes, to whonl they said the king had granted passes, and were then conu11anders in the rebels' army, of whose names his majesty had never before heard, to ,,,hOl11 no passes had been granted, neither did he believe that there were such Inen in nature; and so left the people to believe as they found P that rebellion;] the rebcl lion; (1 to have] to discover r reparation,] J18. adds: or his m jest.y from receiving any, OF THE REBELLION. 43 thenlselves inclined upon the king's denial, or their BOOK so particular and positive affirmation. IV. These proceedings of the parlian1ent made a deep .J 642. inlpression upon all noble and generous persons, who found that their pride and ambition \vas so great, that they resolved to remove all persons, s 'vho \vere like to stand in their way, by opposing any thing they desired, or by filling any place, or office, ,vhich they designed should be executed by some other person, in whom they could confide. The earl of Newcastle, who ,vas governor to the prince, knew very well in what prejudice he stood with the earls of Essex and Holland, (two very powerful persons,) upon the account of the chal- lenge formerly n1entioned to be sent by him to the latter of the t\VO, \vho \vould be glad of any oppor- tunity to expos.e him to an affront; and that they \vould find occasions t enough upon the account of his known affections to the king's service, froin \vhich it was not possible to remove or startle hiIll. He knew they liked not that he should have the government of the prince, as one, \vho would infuse such principles into him, as would not be agreeable to their designs, and \vould dispose him to no kind.. ness to their persons, and that they would not rest, till they saw another man in that province; in order to \vhich, they would l)ick all quarrels they could, and load him with all reproaches, which might blast him with the people, with whom he had a very good reputation. Upon those considel ations, The earl of d h ... h f Newci\stlt" an SOlne ot er ImagInatIons upon t c prospect 0 resigns his affairs, he ver y wisel y resolved to retire frOlll the place Of t go- ,.ernor 0 the prince. S persons,] persons out of their t occasions] opportunities way, Il2 BOOK IV. 1642. The mar- quis of Hertford succeeds him. 4 THE HISTOR Y court, where he had expended much of his own for.. tune, and only made himself obnoxious to the nla- lice and envy of other pretenders; and desired the king to approve of this his reasonable inclination, and to put the prince under the tuition of some person of honour of unquestionable fidelity to him, and above the reach of popular disapprobation; and at the same time mentioned the marquis of Hert- ford, ,vho was indeed superior to any telnptations. The king could not dislike the earl's judgment upon his own interest and concernlnent; and did foresee like\vise that he nlight probably have occasion to use his service under another qualification; and therefore was well contented to dismiss hin1 from the prince. The marquis of Hertford was a man of great honour, interest, and estate, U and of an universal .esteem over the \vhole x kingdoln; and though he had received many and continued disobligations from the court, fronl the tÏ1ne of this king's cOIning to the cro,vn, as well as during the reign of king James, in both which seasons, nlore than ordinary care had been taken to discountenance and lessen his interest; yet he had carried himself with nota- ble steadiness, from the beginning of the parliament, in the support and defence of the king's power and dignity, notwithstanding all his allies, and those with whom he had the greatest familiarity and friendship, were of the opposite party; and never concurred with theln against the earl of Strafford, Wh0111 he was kno,vn not to love, nor in any other extra vagancy. u interest, and estate,] great interest in fortune and estate, x whole] Not in MS. OF '.rHE REBELLION. C)45 And then, he \vas not to be shaken in his affection to the government of the church; though it was enough kno\vn that he was in no degree biassed to Y any great inclination to the person of any church- .Inan. And \vith all this, that party carried them- selves towards hiIn with profound respect, not pre- sUlning to venture their own credit in endeavouring to lessen his. I t is very true, he wanted Z some of those qualities, which might have heen wished to be in a person to be trusted in the education of a great and hopeful a prince, and in the forming of his D1ind and manners in so tender an age. He was of an age not fit for 111uch activity and fatigue, and loved, and was even wedded so much to his ease, that he loved his book above all exercises; and had even contracted such a laziness of 111ind, that he had no delight in an open and liberal conversation; and cared not to mscourse, and argue on b those points, \vhich he understood very well, only for the trouble of contending; and could never in1pose upon hiu1self the pain that ,vas necessary to he undergone in such a perpetual at- tendance: but then those lesser duties Dlight be otherwise provided for, and he could \vell support the dignity of a governor, and exact that diligence from others, which he could Dot exercise himself; an d his honour \vas so unblenlished, that none durst murn1ur against the designation; and therefore his majesty thought hiln very worthy of the high trust, against \vhich there was no other exception, but that he \vas y to] by 7 he wanted] In many re- pects he wanted a hopeful] a hopeful h on ] in R3 BOOK IV. 1642. 246 'rHE HISFJ.."ORY BOOK not an1bitious of it, nor in truth willing to receive IV. and undergo the charge, so contrary to his natural 1642. constitution. But in C his pure zeal and affection for the cro,vn, and the conscience, that in this conjunc- ture his submission might advance the king's service, and that the refusing it ll1ight prove disadvantageous to his majesty, he very cheerfully undertook the pro- vince, to the general satisfaction and public joy of the \vhole kingdom; and to the no little honour and credit of the court, that so important and beloved a person would attach himself to it under such a relation, ,vhen so many, who had scarce ever eaten any bread but the king's, detached themselves fron1 their dependence, that they might without him, and against him, preserve and improve those fortunes, ,vhich they had procured and gotten under him, and by his bounty. The king Now d the bill for the taking away the votes of })ressed to . IJ3SS the bill bIshops out of the house of peers, which was called against the b . ll L'. k . II I . · di . fì bishops' a I lor ta lng away a tempora JurIs ction rom ,.otes. those in holy orders, was no sooner passed the house of peers, than the king was earnestly desired " to " give his royal assent to it." The king returned, " that it ,vas a matter of great concernment; and " therefore he would take time to advise, and would "return an answer in convenient time." But this delay pleased not their appetite; they could not at- tempt their perfect reformation in church and state, till those votes were utterly abolished; therefore they sent the same day again to the king, who was yet at "Tindsor, and gave him reasons to persuade him " itnrnediately to consent to it; one of which was C in] Not in MS. d Now] Not in iUS. OF THE REBELLION. 47 " the gl'Îevances the subjects suffered by the bishops E' " exercising of telnporal jurisdiction, and their luak... " ing a party in the lords' house: a second, the great "content of all sorts by the happy conjunction of " both houses in their absence: and a third, that the " passing of that bill would be a comfortable pledge " of his majesty's gracious assent to the future reme- " dies of those evils, which were to be presented to " him, this once being passed." Reasons sufficient to have converted hiln, if he had the least inclination or propensity to have concurred \vith them. For it was, upon the matter, to persuade him to join with them in this, because, that being done, he should be able to deny then1 nothing. However those of greatest trust about the king, and \vho were very faithful to his service, though in this particular exceedingly deceived in their judg- ments, and not sufficiently acquainted with the con- stitution of the kingdom, persuaded hin1 " that the " passing this bill was the only way to preserve the " church, there being so united a cOll1bination in this " particular, that he would not be able to \vitIlstand "it. \Vhereas, by the passing this bill, so Inany per- "sons in both houses would be fully satisfied, that " they would join in 110 further alteration: but, on " the other hand, if they ,vere crossed in this, they " ,vould violently endeavour an extirpation of bi- " shops, and a delnolishing of the whole fabric of the " church. "They alleged that he was, upon the ll1atter,depriv- " cd of their votes already, they being not suffered to " COlue to the house, and the major part ill prison (' the bishops] their R4 BOOK IV. I G42. BOOK IV. 1642. 48 THE HISTORY " under an accusation of high treason, of which there " was not like to be any reformation, till these pre- " sent distempers were composed; and then that by " his power, and the lnelnory of the indirect means " that had been used against theIn, it would be easier " to bring them in again, than to keep then1 in now. " They told him, there \vere two n1atters of great " itnportance pressed upon him for his royal assent, " but they were not of equal consequence and con- "cernment to his sovereign power; the first, that "bill touching f the bishops' votes; the other, the " whole militia of the kingdom, the granting of \vhich " would absolutely divest him of all regal po\ver; " that he would not be able to deny both; but by " granting g the former, in ,vhich he parted with no " matter of moment, he would, it may be, not be " pressed in the second; or if he 'v ere, that as he " could not have a n10re popular quarrel to take up " arms, than to defend himself, and preserve that " power in his hands, which the law had vested in " him, and without which he could not be a king; " so he could not have a more unpopular argulnent " for that contention, than the preservation of the "bishops in the house of peers, \vhich few men " thought essential, and most men believed prejudi- " cial, to the peace and happiness of the kingdon1." These argulnents, though used by n1en ,vho111 he most trusted, and ,vhon1 he knew to have opposed that bill in its passage, and to be cordially friends to the church of England in discipline and doctrine, prevailed not so much with his majesty, as the per- suasions of the queen; ,vho was not only persuaded f touching] for g granting] the granting OF THE REBELLION. 49 to think those reasons valid, h (and there are that BOOK believe that infusion to have been 111ade in her by IV. her own priests, by instructions fro111 France, and for 1642. reasons of i state of that kingdom,) but that her own safety very 111uch depended upon the king's consent to that bill; and that, if he should refuse it, her journey into Holland would be crossed by the parlia- ment, and possibly her person in danger either by the tumults, which 111ight easily be brought to 'Vind- SOl' from 'Vestminster, or by the insurrection of the countries in her passage fron1 thence to Dover, where she intended to take shipping. 'Vhereas by her in- tercession with the king to do it, she would lay a most seasonable and popular obligation upon the whole nation, and leave a pleasant odour of her grace and favour to the people behind her, which would prove much to her advantage in her absence; and she should have the thanks for that act, as ac- quired by her goodness, which other,vise would ùe extorted frolll the king, when she ,vas gone. These insinuations and discourses so far satisfied the queen, and she the king, that, contrary to his l110st positive resolution, the king consented, and sent The king .. L!. h . b h h b . ll d h passes that a COllll11ISSlon 1.01' t e enactIng ot t at I , an t e bill, and the other about k pressin g ; \vhich was done accordin g h r , othe of J pressll1g, to the great triumph of the houtefeus, the king send- }"eb. 14. ing the same day that he passed those hills, \vhich ,vas the fourteenth of February, a nlessage to both houses; " That he was assured his having passed " those two bills, being of so great ilnportance, so " suddenly, would serve to assure his parlial11ent, h valid,] MS. adds: and that indeed the church could be only that way preserved, i of] in k about] for BOOK IV. 1642. 250 THE HISTORY " that he desired nothing more than the satisfaction " of his kingdoln." For Ireland, he said, " as he had " concuITed in all propositions made for that service " by his parlialnent, so he was resolved to leave no- " thing undone for their relief, which should possibly " fall within his power, 1 nor would refuse to venture " his own person in that ,val', if the parliament should " think it convenient, for the reduction of that llli- " serable kingdom." The passing that bill for taking away the bishops' votes, exceedingly weakened the king's party; not only as it swept m away so considerable a nunlber out of the house of peers, which were constantly de- voted to him; hut as it Inade impression on others, whose minds were in suspense, n as when founda- tions are shaken. o Besides, they that were best ac- quainted with the king's nature, opinions, and reso.. lutions, had reason to believe, that no exigence could have wrought upon him to have consented to so an- ti-monarchical an act; and therefore never after re- tained any confidence, that he ,vould deny ,vhat was Ì1nportunately asked; and so, either absolutely with- drew themselves fronl those consultations, thereby avoiding the envy, and the danger of opposing theIn, or quietly suffered thelnselves to be carried by the streanl, and to P consent to any thing that was boldly and lustily attempted. And then it ,vas so far fronl dividing the other party, that I do not remenlher one nlan, who vche- 1 which should possibly fall within his power,] which should fall within his possible power, m i t swept] it perpetuall y swept n suspense,] suspense, and shaken, o shaken.] dissolved. P to] Nut in lHS. OF THE REBELLION. 51 mently q insisted on, or indeed heartily wished, the passing of that bill, that ever deserted them, till the kingdom was in a flame: but, on the contrary, very many, who cordially and constantly opposed that act, as friends rather to monarchy than l"eligion, after that bill, never considered or resisted any attempt, or further alteration, in the church, looki.ng on r the bishops as useless to sovereignty, and so not of im- portance enough to be defended S by the sword. And I have heard the same men, \vho urged before," that " their places in that house had no relation to the " discipline of the church, and their spiritual juris- " diction, and therefore ought to be sacrificed to the "preservation of the other, upon which the peace " and unity of religion so luuch depended," since ar- gue, "that since their power in that house, which " was a good outwork to defend the king's from in- " vasion, was taken away, any other forn1 of govern- " ment would be equally advantageous to his ma- " jesty; and therefore, that he ought not to insist on " it, with the least inconvenience to his condition." But t that which was above, or equal to all this, was,V that, by his majesty's enacting those two bills, he had, upon the matter, approved the circumstances of their passage, which had been by direct violence, and almost u force of arms; in which case, he ought not to have confirmed the most politic, or the 1110st pious constitutions: Iale IJositlt cst lex, quæ tu- 'lnultuarie posita est, ,vas one of those positions of Aristotle, which hath never been since contradicted; and was an advantage, that, being \vell n1anaged, q vehemently] furiously r on] upon 5 to be defended] to defend t llut] Nut in JUS. v was,] Omitted in IJJS. u almost] Not in JllS. BOOK IV. 1642. BOOK IV. 1642. 5 '.rI-IE HISTORY and stoutly insisted upon, ,vould, in spite of all their 11lachinations, 'v hich ,vere not yet firnlly and solidly formed, have brought them to a temper of being treated with. But I have SOine cause to believe, that even this argument, which ,vas unans,verahle for the rejecting that bill, ,vas a.pplied for the con- firlning it; and an opinion that the violence and force, used in procuring it, rendered it absolutely in- valid and void, nlade the confirmation of it less con- sidered, as not being of strength to make that act good, which was in itself null. And I doubt this lo- gic had an influence upon other acts of no less Ino- Inent than these: but it was an erroneous and un- skilful suggestion; for an act of parliament, ,vhat circun1stances soever concurred in the contriving and fran1ing it, will be always of too great reputation to be avoided, or to be declared void, by the sole au- thority of any private persons, or x the single power of the king hin1self. And though the ,visdoln, so- briety, and po\ver, of a future parliament, if God shall ever bless the kingdoln ,vith another regularly constituted, n1ay find cause to declare this or that act of parliall1ent void; yet there will be the sallIe temper requisite to such a declaration, as ,vould serve to repeal it. And it may be then, many men, ,vho abhorred the thing when it was done, for the nlan- ner of doing it, will be of the civilians' opinion,jieri '/lon (lebuit,faclilJJl. valet; and never consent to the altering of that, which they would never have cC!n- sented to the establishing off: neither will that sin- gle precedent of the judges in the case of king Henry the Seventh, when they declared the act of attainder to be void by the accession of the cro\vn, (though if x or] on Y of] Not in MS. OF THE REBELLION. 5S he had in truth been the person, upon whonl the crown had lineally and rightfully descended, it was good law,) find, or n1ake, the judges of another age parallel to them, till the king hath as strong a sword in his hand, and the people as much at his devotion and disposal; and then the n1aking, and declaring law, will be of equal facility, though, it may be, not of equal justice. How much soever the king's friends were, for the reasons aforesaid, dejected upon the passing those two acts, it is certain, they who thought they got whatever he lost, were n1ightily exalted, and thought thell1selves now superior to any opposi- tion: and \vhat returns of duty and acknowledgment they made to the king for that grace and favour, is to .be remelnbered in the next place. The same day those two acts were by his majes- ty's COlTIlnission passed, Z and as soon as a very short Inessage of thanks for that favour, as n1uch Ï1nport- ing the safety of both kingdol11s, of England and Ire- land, was consented to, an ordinance for the settling the militia was agreed on a by both houses, and, to- gether with a list of the names of such persons as for the present they meant to confide in, was imme- diately sent to the king for his approbation; the which, being the Inost avowed foundation of all the miseries that have followed, will be here necessary to be inserted in the very terms and fornl it was agreed upon, and presented; and was as followeth. An or(linance of botlt houses of pa1 li{l1nent jòr the An on]i. orllerillg of the l11ilitia if the kingdo1Jl of Enp;- ; e I on lanlZ, and llol1zinio1l of JVales. u ;l or settling- the " 'Vhereas there hath been of late a Inost danger- militia: Z passed,] confirmed, a agreed on] con el1ted to BOOK IV. 1642. BOOK IV. J 642. 54 THE HISTORY " ous and desperate design upon the house of com- " lnons, which we have just cause to believe to be " the effect of the bloody counsels of the papists, and " other ill affected persons, who have already raised " a rebellion in the kingdom of Ireland, and, by rea- "son of nlany discourses, b ,ve cannot but fear they " will proceed, not only to stir up the like rebellion " and insurrection C in this kingdom of England, but " also to back thenl with forces from abroad; for the " safety therefore of his majesty's person, the parlia... " nlent, and kingdom, in this time of imnlinent dan- " ger, it is ordained by the king, the lords, and COlll- " mons, now in parlialTIent asselTIbled, That " shall have power to assemble, and call together, " all and singular his majesty's subjects within the " county of as well within liberties, as with- " out, that are meet and fit for the wars, and thenl " to train, exercise, and put in readiness, and theIn, " after their abilities, and faculties, well and suffi- " ciently, from time to tÍ1ne, to cause to be arrayed " and weaponed, and to take the muster of thelTI " in places IllOst fit for that purpose. And " shall have power within the said county to nomi- "nate and appoint such persons of quality, as to " him shall seenl meet, to be his deputy lieutenants " to be approved of by both houses of parliament: " and that anyone, or lllore of the said deputies, so " assigned and approved of, shall in the absence, or " by the cOlnmand of the said have power and " authority to do and execute within the county of " all such po,vers and authorities, before " in this present ordinance contained; and shalll1ave h discourses,] discoveries, C insurrection] insurrections OF THE REBELLION. 55 " po\ver to lnake colonels, and captains, and other BOO K " officers, and to remove out of their places, and to IV. " make others from time to time, as he shall think 1642. " fit for that purpose. And his deputies, co- " lonels, and captains, and other officers, shan have " further power and authority to lead, conduct, and " employ, the persons aforesaid, arrayed and wea- " poned, as well ,vithin the county of as " within any other part of this realm of England, or " dominion of 'Vales, for the suppressing d of all re.. " bellions, insurrections, and invasions, that Il1ay hap- " pen, according as they, froln tinle to time, shall re- " ceive directions by his majesty's authority, signified " unto theln by the lords and commons, assembled "in parliament. And it is further ordained, that " such e as shall not obey in any of the premises, "shall ans,ver their neglect and contempt to the " lords and comlnons, in a parlialnentary way, and " not otherwise, nor elsewhere: and that every the " powers, granted as aforesaid, shall continue, until " it shall be otherwise ordered, or declared by both " houses of parliament, and no longer. This " to go also to the don1inion of \Vales." A second act of the same day, and the only ,yay they took to return their thanks and ackno,vledg- ment to the queen for her intercession, and media- tion in the passing those bills, was the opening a let- ter they intercepted, which was directed to her ma- jesty. f The lord Digby, after their majesties going to 'Vindsor, ,vhen he found in what umbrage he stood with the powerful and prevailing party, and d suppressing] suppression e such] such persons f to her majesty.] to her Ina. jesty herself. BOOK IV. 1642. 56 THE HISTORY that they were able to Í1nprove his going through a town in a coach and six horses to a \varlike appear- ance, and so to expose hin1 to the fury of the people, at least to the !Jo,ver of the counties, to be suppress- ed, as they had done by their order, or proclalnation of the twelfth of January, before ren1embered, and appointed to be read in all market to,vns throughout England; concluded for his own security, and to free the king's councils from the imputation of his evil influence, to remove hinlself into SOlne parts beyond the seas: and so, by g the king's leave, and by his li- cence, was transported into Holland, from whence he wlit some letters to his friends at London, to give them an account where he ,vas, and for supply- ing himself with such h accolnmodations as he stood in need of. Amongst these letters there ,vas one to his brother-in-law, i sir Lewis Dives, which, by the treachery of that person, to 'v hose care it was in- trusted for conveyance, was brought to the house of commons: and it bei.ng averred, "that it came from " the lord Digby," whom they looked upon as a fu- gitive, they made no scruple of opening it; and find- "jng another in it directed to the queen, after a very little pause they did the like; for which they Inade no other excuse (\vhen upon a Inessage from the king they sent her the transcript, for the original they still kept) than, "that having opened the other let- " tel's, and finding in thenl sundry expressions full " of asperity, and malignity to the parliament, they " thought it very probable, that the like 111ight be "cont ined in that to her Inajesty; and that it "would have been dishonourable to her nlajesty, g by] with h such] those j brother-in-law,] brother, OF THE REBELLION. 57 "and dangerous to the kingdom, if it should not " have been opened: and they besought the king to " persuade her majesty, that she would not vouch- "safe any countenance to, or correspondence ,vith, "the lord Digby, or any other of the fugitives or " traitors, whose offences were k under the examina- " tion and judgment of parlianlent." In that letter to the queen were these words: "If " the king betake himself to a safe place, 'v here he " may avow and protect his servants, (from rage I " mean and violence; for from justice I will never " hnplore it,) I shall then live in impatience, and in " misery, till I wait upon you. But if, after all he " hath done of late, he shall betake himself to the " easiest and cOlnpliantest ways of accommodation, " 1 am confident, that then I shall serve him more " by my absence, than by all my industry." And in that to sir Lewis Di ves were these words: "God " knows, I have not a thought to make me blush to- " wards my country, much less crÍ1ninal; but where " traitors have so great a sway, the honestest thoughts " may prove most treasonable." 'Vhich gave those, that thought themselves concerned, so great offence, that, within two days after, they accused hÌ1n of high treason; and finding no words in the letter I would amount to that offence, they accused him of levying war against the king; which could have relation to no act of his, but what was before mentioned at Kingston upon Thames, when, to the terror of the king's subjects, he was seen there in a coach with six horses. Though this extravagancy of theirs seems to be directed against a particular person, I could k were] depended VOL. II. J letter] letters :s BOOK IV. 1642. 258 THE HISTORY BOOK not on1it it in _ this place, being accolnpanied with IV. those circumstances. And it 111ay he, posterity may 1642. look upon the severe prosecution m of a young noble- man n of admirable parts, and eminent hopes, in so implacable a 111anner, as a 1110st pertinent instance of the tyranny and injustice of that time, not possible to end, but in so luuch ,vickedness as hath since been practised. 0 The attor- A third act of that day was the carrying up an ney gene. · I d . · ral is im- Impeachment to- the or s agaInst the kIng's attorney peached by I ".e. 1 .. I d .. d .. h the COill- genera, 1.or ma ICIOUS y a vIsIng an contrIvIng t e mons. " articles upon which the lord Kimbolton, 1\11'. Hol- "lis, 1\'Ir. Pym, 1\11'. Hambden, Mr. Strode, and sir " Arthur Haslerig, had been accused by his luajesty " of high treason;" it being not thought security and reparation enough, that the kinr had ,vaved any fur- ther proceeding against them, except they left such a monument of their power, that, upon "That occa- siop. or provocation soever, no man should presulue to obey the king in the like cOlumand: so that the same fourteenth of February, that ,vas celebrated for the king's condescension to that act for putting p the bishops out of the house of peers, is fan10us likewise for those three unparalleled acts of contelllpt upon the sovereign power; the demand of the sole po,ver over all the 111ilitia of the kingdom; the opening let- ters directed to the sacred person of the queen; and the impeaching the attorney general, for perforn1ing ,vhat he took to be q the duty of his place, by his master s command. All which ,vere very ill in- In prosecution] persecution n nobleman] Juan o as hath since been prac- tised.] as it hath since practised. P putting] the putting q what he took to be] Not Ï1t MS. OF THE ItEBELLION. 259 stances of that application and cOlnpliance his ma- BOO K jesty had reason to expect, and some men had pro- IV. mised him he should receive. 1642. Though the king ,vas resolved in no degree to The king's h ...e. h . 1 . . h answer consent to t e proposItIon lor t e mI ItIa, yet e concerning thought not the time seasonable for his positive de- the militia. nial, the queen retaining still her fears of being stopped in her journey. Therefore, for the present, he returned answer, "that his dearest consort the " queen, and his dear daughter the princess Mary, " being then upon their departure for Holland, he " could not have so good time to consider of a par- "ticular answer for a matter of so great ,veight, " as that was; and r therefore he ,vould respite the "same till his return:" the king intending to ac- company the queen to Dover, and, as soon as she was elnbarked, to return. They received this an- swer with their usual impatience, and the next day sent messengers to him, with that ,vhich they cailed an hun1ble petition; in which they told him, " that Theirrep]y. " they had, with a great deal of grief, received his " answer to their just and necessary petition con- " cerning the militia of the kingdom; which, by a " gracious lnessage f rmerly sent unto them, he had " been pleased to promise should be put into such "hands, as his parliament should approve of, the " extent of their power, and the time of their conti- " nuance, being like,vise declared; the which being " 110'V done, and the persons nominated, his majesty " nevertheless reserved his resolution to a longer and " a very uncertain time; which, they said, ,vas as " unsatisfactory and destructive as an absolute de- .. r and] Not in 1118. S 2ôO THE HISr.rORY BOOK "nial. Therefore they once again besought him to IV. " take their desire into his royal thoughts, and to 1642. "give them such an answer, as n1ight raise in them " a confidence, that they should not be exposed to " the practices of those who thirst after the ruin of " this kingdoln, and the kindling of that combustion " in England, which they had in so great a measure "effected in Ireland; from whence, as they were " informed, they intended to invade this kingdom, " with the assistance of the papists here. They said, " nothing could prevent those evils, nor enable them "to suppress the rebellion in Ireland, and secure " themselves, but the instant granting of that their " petition; which, they hoped, his majesty would " not deny to those, \vho must, in the discharge of " their duty to his majesty and the commonwealth, " represent unto him, \vhat they found so absolutely " necessary for the preservation of both; which the " laws of God and man enjoined them to see put in " execution, as several counties by their daily peti- " tions desired them to do, and in some places be- " gun S already to do it of themselv s." N otwith- standing all that importunity, the king made no other answer than formerly he had done, "that he " \vould give a full answer at his return from Dover." In the mean time, the house of commons, to whom every day petitions are directed by the several coun- ties of England, professing all allegiance to them, govern absolutely, the lords concurring, or rather The lords submitting, to whatsoever is proposed; insomuch as bail the twelve when they had bailed the twelve bishops, who were :h:Z v :, in the Tower for the treason of their protestation, " begun] began OF THE REBELI ION. Q61 which they did the next day after the bill was passed BOOK for taking away their votes, the house of commons IV. in great indignation expostulated with then), and 1642. d h · d . I · b · d and the cause t enl ImIDe late y agaIn to e reCOmmitte commons to the Tower. So they gave theh' private intÏ1ua- mit tions to their correspondents in the counties, thatDiver h ld k II . . 1 .. countIes t ey shou ma e sma entrIes upon the mlltla; enter upon h . h d . I h I h . exercisi ng W lC was one In many paces, t e peop e c oosing the power their officers, and listin g themselves, and so train- o l t.l t l ml 1 18. ing and exercising under the names of volunteers; ,vhereby they had opportunity to unite themselves, to kno,v their confederates, observe those who were of other opinions, and to provide arms and ammuni- tion against they should have occasion. The Tower of London was at their devotion, and Hull ,vas their own; the mayor of that place having been lately sent for and reprehended, for having said, "that they " ought not to have soldiers billeted upon them by " the petition of right, and for refusing to subl11it "that town, which was his charge, to the govern- " nlent of Mr. Hotham;" and after a tedious and chargeable attendance, without being brought to a public hearing, he was persuaded to subn1it; and so was discharged. Then they fell to raising of n10ney t under pretence l\Toney of the relief of Ireland, and, for that purpose, pre- e n- P ared" an act u for the P a Y lnent of four hundred te ce.of relIevmg " thousand pounds to such persons as "\vere n0111i- Ireland. " nated by then1selves, and to be disbursed and is- " sued in such manner, and to such uses, as the two " houses should direct," which the king C0l1firl11ed accordingly; whereby they had a stock of credit to t money] nlonies n an act] one act s 3 6 rrHE HISTORY nOOK raise lTIonies, ,vhensoever they found themselves put IV. to it: and this could not be prevented; for the king 1642. having cOll11nitt.ed the carrying on the war of Ire- land to theIn, and they being engaged both for the paYlTIent of the arrears to the officers of the northern army disbanded the summer before, and of the three hundred thousand pounds to the Scots, his majesty was necessitated to pass the act with such general clauses, that it might be in their po\ver to divert the Inoney to other uses than those to \vhich it was given; as it afterwards fell out. T e queen The queen being shipped for Holland, his majesty shIpped for Holland, returned to Greenwich, whither he had sent to the the king . f H L'. d b . I · f W I returns to marquIs 0 ertlor to rIng t Ie prInce 0 a es Greenwich, from Ham p ton-court to meet him. of which as soon where the ' prince. as the houses were advertised, the y sent a message meets hIm. to the king, ,vho was upon his way from Dover, to desire hinl, "that the prince nlight not be removed "fronl Hanlpton-court, for that they conceived his " removal at that time lllight be a cause to promote " jealousies and fears in the hearts of his good sub- " jects, which they thought necessary to avoid ;" and, at the same time, sent an express order to the lnar- quis of Hertford, " to require him not to suffer the " prince to go to Greenwich:" but his lordship, choos- ing rather to obey the king's cOlnlnands than theirs, carried his highness to his father; of ,vhich the houses no sooner were informed, than they sent SOlne nIembers of both houses to Greenwich, "to "bring the prince from thence to London." But when they canle thither, they found the king, Wh0111 they did not expect there; and so Inade no at- tempt to perform that COffil11 and. The reason of this extravagancy (besides their natural hunIonr to OF' THE REBELLIO . 63 affront the king, and this seeming care of the prince was a popular thing) was pretended to be an infor- l11ation they had received from a member of the house. There was one Griffith, a young '" elshman, of no parts or reputation, but for eminent licence; this youth had long, with great boldness, follo,ved the court, and pretended to prefern1ent there; and so in the house had always opposed, as far as not consent- ing, all the undutiful acts to,vards the king, and, upon this stock of merit, had pressed more confi- dently for a reward; and, when the queen was ready to take shipping at Dover for Holland, he barefaced importuned her to mediate to the king, "that he " might be forthwith adn1itted of the prince's bed- " chalnber:" the which her majesty refusing, he told x his companions, " that since he could not render hin1- " self considerable by doing the king service, he "would he considerable by doing him disservice:" and so made great haste to London, and openly in the house told them, (the san1e day that the prince ,vas to go to Greenwich,) "that if they were not ex- " actly careful, they would speedily lose the prince; " for, to his knowledge, there was a design and re- " solution immediately to carry him into France." From which senseless and groundless information, he was taken into their favour; and, his malice sup- plying the defect of other parts, was thenceforth taken into trust, and used as their Bravo to justify all their excesses in taverns and ordinaries. And I sa\v 1\11'. Hambden, shortly after this discovery, take him in his arms, telling him, s, his soul rejoiced to x tuld] forthwith told :s4 BOOK IV. J 642. 64 THE HISTORY BOO K "see, that God had put it into Y his heart to take the IV. " right way." To their message the king sent them word, " That to their fears and jealousies he kne,v not "what answer to give, not being able to imagine " from what grounds they proceeded; but if any "information had been given to them to cause "those apprehensions, he much desired the same " might be examined to the bottom; and then he "hoped that their fears and jealousies would be " hereafter continued only with reference to his ma- " jesty's rights and honour." The king's The queen being gone, and the prince come to further an- h . .L'. .. swer COD- IS lather at GreenwIch, the kIng sent an answer to cerning the th h . h . 1 . · th t h militia. e two ouses cOncernIng t e IDIItIa;" a av- " ing, with his best care and understanding, perused "and considered that, which had been sent hiln "from both houses, for the ordering the militia to " be made an ordinance of parliament by the giving " his Z royal assent, as he could by no means do it " for many reasons, so he did not conceive hilnself "obliged to it a by any prolllise made to them in " his ans\ver to their former petition. He said, he " found great cause to except against the preface, " or introduction to that order; ,vhich confessed a "most dangerous and desperate design upon the " house of commons of late, supposed to be an effect " of the bloody counsels of papists, and other ill-af- " fected persons, by 'v hich many might understand " (looking upon other printed papers to that pur- " pose) his own coming in person to the house of "conlmons on the fourth of January, which begot 1642. 'Y into] in l, his] of his a to it] Not in ftlS. OF THE REBELLION. 65 " so unhappy a misunderstanding between him and " his people. And for that, though he believed it, "upon the information since given him, to be a "breach of their privileges, and had offered, and " was ready, to repair the same for the future, by " any act should be desired from his majesty; yet " he must declare, and require to be believed, that " he had no other design upon that house, or any "member of it, than to require, as he did, the "persons of those five gentlemen he had before " accused of high treason, and to declare that he " meant to proceed against then1 legally and speed- " ily; upon ,vhich he believed that house would " have delivered them up. " He b called the almighty God to ,vitness, that " he was so far from any intention, or thought, of " force or violence, although that house had not de- " Ii vered them according to his demand, or in any " case ,vhatsoever, that he gave those his servants, " and others, ,vho then waited on his majesty, ex- " press charge and command, that they should give "no offence unto any man; nay, if they received " any provocation or injury, that they should bear " it without return; and he neither saw nor knew, C " that any person of his train had any other wea- "pons, but his pensioners and guard, those ,vith "which they usually attend his person to parlia- " ment; and the other gentlemen, swords. And " therefore he doubted not, but the parliament would " be regardful of his honour therein, that he should "not undergo any imputation by the rash and in- " discreet expressions of any young men then in his b He] And he C nor knew,] or knew, BOOK IV. 1642. Q66 '.rHE HIS'rOH,Y BOOK "train, or by any desperate words uttered by others, "who might Iningle \vith them without his con- 1642. "sent or approbation. "For the persons nominated to be the lieute- "nants of the several counties of England and " "r ales, he said, he was contented to allow that " recommendation; only concerning the city of Lon- "don, and such other corporations as by ancient " charters had granted to thelTI the power of the " militia, he did not conceive that it could stand " with justice or policy to alter their governn1ent in " that particular. And he was willing forthwith to " grant to everyone of theIn, that of London and " other d corporations excepted, such comlnissions, " as he had granted this parliament to S01l1e lords "lieutenants by their advice. But if that power "were not thought enough, but that more should "be thought fit to be granted to those persons " named, than, by the la\v, is in the cro,vn itself, he "said, he thought it reasonable that the saIne "should be by SOine. law first vested in hhn, ,vith "power to transfer it to those persons; \vhich he "\vould \villingly do: and whatever that power "should be, to avoid all future doubts and ques- " tions, he desired it Inight be digested into an act " of parliament, rather than an ordinance; so that " all his subjects might thereby particularly kno,v, " both \vhat they were to do, and what they were " to suffer for their neglect; that so there nlight be " the least latitude for them to suffer under any ar- " bitrary po\\rer whatsoever. " To the time desired for the continuance of the ù other] those other OF rrHE REBELLION. Q67 " po\vers to be granted, he said, he could not con- "sent to divest himself of the just power, which " God, and the laws of the kingdom, had placed in " hÏ1n for the defence of his people, and to put it " into the hands of others for any indefinite time. " And since the ground of their request to hin1 was " to secure their present fears and jealousies, that " they might with safety apply themselves to his " message .of the twentieth of January, he hoped " that his grace to them since that time, in yielding " to so many of their desires, and in agreeing to the " persons now recommended to him, and the po\ver "before expressed to be placed in them, ,vould " \vholly dispel those fears and jealousies: and he " assured them, that as he had applied e this un- " usual remedy to their doubts; so, if there should "be cause, he would continue the same to such " tilne, as should be agreeable to the same care he " no\v expressed towards them. " He said, he was so far from receding fronl any " thing he had promised, or intended to grant in " his former ans\ver, that he had hereby consented "to all that had been then asked of him by that " petition, concerning the militia of the kingdom, "except that of London, and the other corpora- " tions; which ,vas, to put the same into the hands "of such persons, as should be recommended to " hin1 by both houses of parliament. And he doubted " not but they, upon ,veIl weighing the particulars " of that his answer, would find the saIne n10re sa- " tisfactory to their ends, and the peace and \vclfare " of all his good subjects, than the way proposed by e applied] now applied BOOK IV. ] 642. BOOK IV. J 642. Votes of both bouses upon it. 268 THE HIS'rORY " that intended ordinance; to which, for those rea- " sons, he could not consent. "And ,vhereas he observed by their late peti- " tion, f that in some places, SOlne persons begun al- " ready to intermeddle of themselves with the mi- " litia, he said, he expected his parlialnent should " exan1Ïne the particulars thereo it being a matter " of high concernment, and very great consequence. " And he required, that if it should appear to thenl, " that any person ,vhatsoever had presullled to com- " mand the militia ,vithout lawful authority, they " might be proceeded against according to law." It seems this was not the answer they prolnised thèmselves; for, at the publishing it, they were nlar- vellously transported, and inlmediately voted, both houses concurring in it, "That those, who g advised " his majesty to give that answer, were enenlies to "the state, and lnischievous projectors against the " defence of the kingdonl: that that denial was of "that dangerous consequence, that if his majesty " should persist in it, it would hazard the peace and " safety of all his kingdoms, unless SOlne speedy " remedy were applied by the ,visdonl and authority " of both houses of parliaillent: and that such parts " of the kingdom, as had already put themselves "into a posture of defence against the comnlon " danger, had done nothing but ,vhat was justifiable, " and ,vas approved by both houses." And having caused these, and such other resolutions to be inl- mediately published in print, that their friends abroad might know ,vhat they had to do, they sent a comlnittee of both houses to the king at Theo- f their late petition,] their last petition, g who] that OF THE REBELLION. 69 balds \vith another P etition; in which the y told BOOK IV. bhn, "that their just apprehensions of sorrow and " fear, in respect of the public dangers and miseries ] 6 ? · . d h k . d A petItIon "like to fall upon hIS majesty an t e Ing oIn, of both h . d th · t f h . houses to "were fiUC Increase upon e recelp 0 IS un- the king at " expected denial of their most humble and neces- Theobalds. " sary petition concerning the militia of the king- " dom; and that they were especially grieved, that "wicked and mischievous counsellors should still " have that power with hhn, as in that tÏ1ne of ap- "proaching and in11ninent h ruin, he should rather "incline to that, which was apt to further the ac- "colnplishment of the desires of the most malig- "nant enelnies of God's true religion, and of the "peace and safety of hilnself, and his kingdom, " than to the dutiful and faithful counsel of his par- "lialnent. 'Vherefore, they said, they were enforced "in all humility to protest, that, if his majesty " should persist in that denial, the dangers and dis- " telnpers of the kingdoln were such, as would en- :' dure no longer delay: but unless he should be " graciously pleased to assure theln by those mes- " sengers, that he would speedily apply his royal " assent to the satisfaction of their former desires, " they should be enforced, for the safety of his ma- " jesty and his kingdoms, to dispose of the militia " by the authority of both houses, in such a n1anner "as had been propounded to him; and they re- " solved to do it accordingly. " They likewise most hUlnbly besought his ma- " jesty to believe, that the dangerous and desperate " design upon the house of comlnons, n1entioned in h approaching and imminent] imminent and approRching BOOK IV. 1642. 270 THE HIS1. ORY " their prealnble, ,vas not inserted ,vith any inten- " tion to cast the least aspersion upon his majesty; "but therein they reflected upon that n1alignant "party, of whose bloody and ll1alicious practices " they had so often experience, and from which " they could never be secure, unless his majesty " \vould be pleased to put from him those wicked " and unfaithful counsellors, \vho interposed their _ "own corrupt and malicious designs het,vixt his " majest.y's goodness and wisdoln, and the prosperity "and contentlnent of himself, and of his people: " and that for the despatch of the great affairs of " the kingdoln, the safety of his person, the protec- "tion and comfort of his subjects, he would be " pleased to continue his abode near to London, and " the parliament; and not to withdraw hin1self to " any the remoter parts, \vhich if he should do, " must needs be a cause of great danger and dis- " traction. " That he would likewise be graciously pleased " to continue the prince's highness in those parts at " St. James's, or any other of his houses near Lon- " don; \vhereby the designs, which the enelnies of "the religion, and peace of the kingdoln, might " have upon his person, and the jealousies and fears " of his people might be prevented. "And they besought hin1 to be inforlned by " them, that, by the laws of the kingdoln, the power " of raising, ordering, and disposing of the militia ",vithin any city, town, or other place, could not " be granted to any corporation by charter, or other- " wise, ,vithout the authority and consent of parlia- " ment: and that those parts of the kingdoln, which " had put thell1selves in a posture of defence against OF THE REBELLION. 271 " the common danger, had therein done nothing but BOO K " according to the declaration and direction of both IV. "houses, and \vhat was justifiable by the la\vs of 1642. " the kingdoln. All which their lnost humble coun- " se] and desires they prayed hin1 to accept, as the "effect of that duty and allegiance, ,vhich they " o\ved unto hhn, and which ,vould not suffer them "to admit of any thoughts, intentions, or endea- " yours, but such as were necessary and advantage- " ous for his greatness and honour, and the safety " and prosperity of the kingdom, according to that "trust and power, which the laws had reposed in " them." As soon as the petition was read, the king told The king's . p theln that presented It, "That he was so n1uch swer. " amazed at their message, that he knew not what "to answer. He said, they spoke i of jealousies " and fears; but he desired then1 to lay their hands "to their hearts, and ask themselves, ,vhether he " might not likewise be disturbed with fears and " jealousies? and if so, he assured them, tha lnes- " sage had nothing lessened them. " For the 111ilitia, he said, he had thought so " Inuch of it before he sent his answer, and ,vas so "well assured that the answer was agreeable to " what, in justice or reason, they could ask, or he " in honour grant, that he should not alter it in any " po in t. " For his residence near them, he said, he \vished " it Inight he so safe and honourable, that J1e had "no cause to absent himself from 'VhitehaIl: he "bid them ask themselves, whether he had not? i spoke] spake Q7 THE HISTORY BOO K "For his son, he said, he should take that care of IV. " him, which should justify him to God, as a father; 1642. " and to his dominions, as a king. To conclude, he "assured them upon his honour, that he had no " thought but of peace, and justice to his people; " ,vhich he would by all fair lneans seek to preserve " and rnaintain, relying upon the goodness and pro- "vidence of God for the preservation of himself, " and his rights." This, being suddenly, and with more than usual quickness, spoken by the king, much appalled them; but they were too far engaged to retire; and there- fore, as soon as it was reported to the houses, they The reso]u- resolved, upon debate, "that the kingdom should be tion of both . houses "forthwith put Into a posture of defence, by au- upon it. " thority of both houses, in such a way as had been " formerly agreed upon by both houses; and that a " declaration should be speedily sent unto the king, " containing the causes of their just fears and jea- " lousies, and to make it evident that any that were "entertained against then1 were groundless;" or- dering at the saIne time, "that all the lords lieute- "nants of any counties in England, who had been " forlnerly so constituted by the king by his com- " missions under the great seal of England, should " immediately bring in those commissions to be can- " celled as illegal:" albeit son1e such commissions had been granted, upon their own desire, since the beginning of the parlialnent, as particularly to the earl of Essex to be lord lieutenant of \T orkshire, and to the earl of Salisbury for Dorsetshire. Then both houses sent to the earl of N orthum- berland, being high admiral of England, " that they " had received advertisement of extraordinary pre- They send to the earl of North- umberland to provide a fleet. OF THE REBELLION. 7g " parations luade, by the neighbouring princes, both " by land and sea; by which an apprehension was "raised in both houses, that the public honour, " peace, and safety of his Inajesty, and his kingdom, " could not be secured, unless a timely course ,vas " taken k for the putting the kingdoln into a condi- "tion of defence at sea, as ,veIl as at land: and " they did therefore order hhn forthwith to give ef- " fectual direction, that all the ships belonging to " his majesty's navy, and fit for service, and not aI- " ready abroad, or I designed for the SUlnmer's fleet, " should be rigged, and put in such å readiness, as "that they might be soon fitted for the sea: and " that his lordship would also make kno\vn to the " masters and owners of other ships, in any of the " harbours of the kingdom, as m might be of use for " the public defence, that it would be an acceptable " service to the king and parliament, if they would " like\vise cause their ships to be rigged, and so far "put into a readiness, as they n1ight, at a short " warning, likewise be set to sea upon any elner- " gent occasion; which would be a means of great " security to his D1ajesty and his dominions." To \vhich the earl returned an ans\ver full of subnlis.. sion and obedience. I have been assured from persons of very good credit, and conversant ,vith those councils, that they had in n deliberation and debate to send, and take the prince froll1 his father at Theobalds by force: but that design was quickly laid aside, when they heard that the king ,vas relnoved from thence to N eWluarket, and was like to Inake a further pro.. k was taken] were taken lor] nor VOlu II. n1 as] and n had in) had it in T BOOK IV. 1642. !274 THE HISTORY BOOK gress. So they used all possible expedition in pre- IV. paring their declaration; ,vhic.:h they directed to his 1.642. Inajesty, and in ,vhich they told him, "that al- TheIr de- h h h h h d . h .. . claration to "t oug t at answer, e a given to t ell' petItIon his majes- Th b ld d . d .. f ty. " at eo a s, 1 give Just cause 0 sorro,"r to " them; yet it was not ,vithout SOlne mixture of " confidence and hope, considering those expressions , proceeded from the n1isapprehensions of their ac- , tions and intentions; which, having no ground of " truth or reality, might, by his justice and ,visdoln, "be removed, when he should be fully informed, " that those fears and jealousies of theirs, ,vhich his " n1ajesty thought to be causeless, and without any " just ground, did necessarily and clearly arise from " those dangers and distempers, into which the nlis- " chievous and evil councils about him had hrought "the kingdom. And that those other fears and " jealousies, by which his favour, his royal presence, f' and confidence, had been withdra\vn from his par- " Hament, had no foundation, or subsistence in any "action, intention, or miscarriage of theirs; hut "were merely grounded upon the falsehood and "malice of those ,vho, for the supporting and fo- , menting their own ,vicked designs against the re- "ligion and peace of the kingdom, did seek to de- " prive his majesty of the strength and the affection " of his people; and theln of his grace and protec- " tion; and thereby to subject both his person, and " the whole kingdom, to ruin and destruction. " That, to satisfy his Inajesty's judgment and con- " science in both those points, t.hey desired to make " a free and clear declaration of the causes of their " fears and jealousies, in some particulars. 1. " That the design of altering religion, in this OF THE REBELLION. 75 " and his other kingdoms, had been potently carried " on, by those in greatest authority about him, for " divers years together: and that the queen's agent " at Rome, and the pope's agent, or nuncio, here, " were not only evidences of that design, but had " been great actors in it. 2. "That the war with Scotland was procured to " make way for that intent, and chiefly fomented 0 " by the papists, and others popishly affected, where- " of they had lTIanyevidences, especially their free " and general contribution to it. 3. " That the rebellion in Ireland was framed and " contrived here in England; and that the English "papists should have risen about the same thne, " they had several testimonies and advertisenlents " from Ireland: and that it \vas a common speech " amongst the rebels, (with which, they said, other " evidences did concur, as the information of a mi- " nister \vho came out of J reland; the letter of one " Tristram 'Vhetcomb in Ireland to his brother in " England, and many others,) that they would re- " cover unto bis majesty his royal prerogative, wrest- " ed frolll him by the puritan faction in the houses of " parliament in England; and would maintain episco- " pal jurisdiction, and the lawfulness thereof; which, " they said, were the t\VO quarrels, upon which his " late army in the north should have been incensed " against them. 4. "The cause they had to doubt that the late " design, styled the queen's pious intention, ,vas for " the alteration of religion in this kingdoln, for suc- " cess whereof the pope's nuncio (the count Rozetti) () fomcnterl] invited and fonlented 1'2 BOOK IV. 1642. BOOK IV. 1642. 7(j 'l'HE HISTORY It' enjoined fasting and praying to be observed every " \\reek by the English papists; which, they said, ap- " peared to then1 by one of the original letters di- " rected by hin1 to a priest in Lancashire. 5. "The boldness of the Irish rebels in affirlning " they do nothing but by aut.hority frol11 the king; " that they call themselves the ql1een's arlny; that " the prey and booty they take from the English, " they n1ark ,vith the queen's mark; that their pur- " pose ,vas to cOlne into England, when their busi- " ness ,vas done in Ireland; and sundry other things " of that kind, 'v hich, they said, were proved by one " Oconelly, and others; but especially in the fore- " Hlentioned letter from Tristram 'Vhetcomh, \vhere- " in there was this passage, that nlany other speeches " they utter, concerning religion, and our court of " England, which he dares not cOlnmit to paper. 6. "The Hlanyattenlpts to provoke his late arnlY, " and the army of the Scots, and to raise a faction " in the city of London, and other parts of the king- "doln. That those, \vho had been actors in these bu- " sin esses, had their dependence, their countenance, " and encouragelnent, from the court; witness the " treason, whereof Mr. J ernlyn, and others, stood ac- " cused; who, they said, was transported beyond seas " by warrant under his majesty's 0\\7n hand, after he " had given assurance to his par1ialnent, that he had " laid a strict comlnand upon his servants, that none " of them should depart froln court. And that dan- "gerolls petition delivered to captain Leg by his " majesty's o\vn hand, accompanied ,,,ith a direction " signed \vith C. R. 7. "The false and scandalous accusation against " the lord Kimholton, and the five l11etnhers of the OF THE REBEL] ION. 77 " house of COlnmons, tendered to the parliament by BOO K " his own con1n1and, and endeavòured to be justified _ IV. "in the city by his own presence and persuasion, 1642. " and to be put in execution upon their persons by " his denland of them in the house of. commons, in " so terrible and violent a lnanner, as far exceeded "all former breaches of privileges of parlian1ent " acted by his majesty, or any of his predecessors: " and they said, whatever his own intentions ,vere, " divers bloody and desperate persons, that.. attended "him, discovered their affections, and resolutions, " to have massacred and destroyed the l11embers of " that house, if the absence of those persons accused "had not, by God's providence, stopped the giving " that word, which they expected for the setting " them upon that barbarous and bloody act: the list- " ing of officers and soldiers, for a guard at White- " hall, and such other particulars. 8. "That, after a vote had passed in the house of " COlTIlnOnS, declaring that the lord Digby had ap- "peared in a warlike Inanner at Kingston upon " rrhames, to the terror and affright of his ll1ajesty's " good ubjects, and disturbance of the IJublic peace " of the kingdonl, he should nevertheless be in that p " credit ,vith his ll1ajesty, as to be sent away by his " majesty's own warrant to sir J. Pennington to land " him beyond seas: from "\vhence he vented his own h traitorous conceptions, that his majesty should de- " clare himself, and retire to a place of strength; as " if he could not be safe alnongst his people. Which " false and malicious counsel and advice, they said, " they had great cause to doubt, n1ade too deep an P in that] of that T3 BOOK IV. 1642. 278 'rfIE HIS'rOR Y "impression upon q his nlajesty, considering the " course he was pleased to take of absenting hin1self " from his parliament, and carrying the prince with " hÍ1n; which seelned to express a purpose in his " majesty to keep himself in a readiness for the act- " ing of it. 9. "The. many advertisements they had from " Rome, Paris, Venice, and other parts, that they " still expected that his majesty had son1e great de- " sign in hand, for the altering of religion, and r the " breaking the neck of his parlialnent. That the " pope's nuncio had solicited the kings of France " and Spain to lend his majesty four thousand men " apiece, to help to maintain his royalty against the "parlialnent. And they said, as that foreign force " was the most pernicious and ll1alignant design of " all the rest; so they hoped it was, and should al- " ways be, farthest fronl his nlajesty's thoughts; be- "cause no lnan would beJieve S he would gi ve up " his people and kingdom to be spoiled by strangers, " if he did not likewise intend to change both his " own profession in religion, and the public profes- " sion of the kingdoIn, that so he might be stiU more "assured of those foreign states of the popish reli- " gion for their future support and defence. " These, they said, ,vere sonle of the grounds of " their fears and jealousies, ,vhich had lllade them " so earnestly in1plore his royal authority, and pro- " tection, for their defence and security, in all the '" ways of hunlility and submission; ,vhich being de- " Died by his majesty, seduced by evil counsel, they q upon] in r and] Not ill J18. !II would belicve] could Lelic\'c OF 'I'HE REBELLION. Q79 "did, with sorrow for the great and unavoidable " Inisery and danger, which was therebyt like to fall "upon his own person, and his kingdonls, apply " themselves to the use of that power for the secu- " rity and defence of both, which, by the funda- " mental laws and constitutions of the kingdoln, re- "sided in them; yet still resolving to keep thenl- " selves within the bounds of faithfulness and allegi- " ance to his sacred person, and crown. U " To the fears and jealousies expressed by his nla- " jesty, when he said, that for his residence near the h parlianlent, he ,vished it might be so safe and ho- " nourable, that he had no cause to absent himself " from \Vhitehall: that, they said, they took as the " greatest breach of privilege, that could be offered;' " as the heaviest Inisery to himself, and inlputation "upon them, that could be imagined, and the most " mischievous effect of evil counsels; it rooted up " the strongest foundation of the safety and honour " the crown afforded; it seelned as nluch as might " be, they said, to" cast upon the parliament such a " charge, as was inconsistent with the nature of that "great council, being the body, of which his ma- "jesty ,vas the head; it struck at the very being "both of the x king and parliament, depriving his " 111ajesty, in his own apprehension, of their fidelity, " and them of his protection; which are the natw'al "bond:sY and supports of government and subjec- " tion. " They said, they had, according to his majesty's " desire, laid their hands upon their hearts; they t was thereby] thereby was u crown.] his crown. . x the] Not in iUS. y bonds] bands T4 BOOK IV. 1642. BOOK IV. ] 642. 80 THE HISTORY " had asked themselves in the strictest examination " of their consciences; they had searched their af- " fections, their thoughts, considered their actions; " and they found none, that could give his majesty " any just occasion to absent hin1self from'Vhite- " hall, and his pal liament; but that he might, with " more honour and safety, continue there, than in " any other place. They said, his majesty laid a " general tax upon them: if he would be graciously "pleased to let them know the particulars, they " should give a clear and satisfactory answer. But, " they said, they could have no hope of êver giving "his majesty satisfaction, when those particulars, "which he had been made believe ,vere true, yet, " being produced, and Inade kno\vn to them, ap- " peared to be false; and his majesty not withstand- " ing would neither punish nor produce the authors, "but go on to contract new fears and jealousies, "upon general and uncertain grounds; affording " theln no means or possibility of particular ans,ver " to the clearing of then1selves, of which they gave " him these instances. 1. The speeches pretended " to be spoken at Kensington concerning the queen, " which had been denied and disavo\ved; yet his " l11ajesty had not named the authors. 2. The charge "and accusation of the lord Kimbolton, and the " five members, who refused no trial or examination, " 'v hich luight stand with the privileges of parlia- " ment; yet no authors, no witnesses, were pro... " duced, against whom they might have reparation " for the great injury; and infalny cast upon them. " They besought his majesty to consider in what " state he was, how easy and fair a way he had to " happiness, honour, greatness, and plenty, and se- OF THE REBELLION. 81 " curity, if he \vould join with his parliament, and " his faithful subjects, in the defence of the religion, " and the public good of the kingdolu. That, they " said, was all they expected frolll hhn, and for that " they would return to him their lives, fortunes, and "utmost z endeavours to support his nlajesty, his " just sovereignty, and power over them. But, they " said, it was not words that could secure them in " those their humble desires; they could not but too " well and sorrowfully remember, what gracious mes- " sages they had from him the last summer; \vhen, "with his privity, the bringing up of a the army " was in agitation: they could not but \vith the like " affections recall to their minds, how, not two days "before he gave direction for the aforementioned " accusation, and his o,vn coming to the conlnlons' "house, that house received from hÌ1n a gracious " message, that he would lways have care of their " privileges, as of his own prerogative; and of the " safety of their persons, as of his o,vn children. " They said, that which they expected, and which " ,vould give then} assurance that he had no thought "but of peace, and justice to his people, lnllst be " some real effect of his goodness to them, in grant- " ing those things, which the present necessity of the "kingdom did enforce them to desire. And in the " first place, that he would be graciously pleased to " put from him those wicked and mischievous coun- " sellors, which had caused all those dangers and " distractions; and to continue his own residence, "and the prince's, near London, and the parIia- " ment; which, they hoped, would be a happy be- Z utmost] uttermo:st a of] Not in AlS. BOOK IV. 164.2. 82 THE HISTOR Y 1642. " ginning of contentment, 'and confidence between " hin1 and his people; and be follo,ved with nlany " succeeding blessings of honour and greatness to his " Inajesty, and of security and prosperity to thenl." In the debate of this declaration, the like whereof had never before been heard of in parlianlent, in which they took his Inajesty's doubt of his safety at Whitehall so heavily, that, they said, " it seelned to " cast such a charge upon the parliament, as was in- " consistent with the nature of that great council," (so apprehensive they were of the least suspicion of ,vant of freedom,) the prevalent party carried them- selves with that pride and impetuosity, that they would endure no opposition or dispute; insonluch as sir Ralph Hopton, (who indeed was very grievous to them for not complying with them,) for ohjecting- against sonle sharp expressions in the declaration, (before it passed the house, and 'v hen the question was, whether it should pass,) as being too distant from that reverence, which ought to be used to the king; and forb saying, upon a clause, in which they lllentioned their general intelligence fronl ROIne, Venice, Paris, and other places, of SOlne design the king had upon religion, and the parlialnent, fron1 whence they seemed to conclude that the kirig would change his religion, " that they seelned to ground an " opinion of the king's apostasy upon a less evidence, " than ,vould serve to hang a fello,v for stealing a " horse," was committed to the Tower of London, "for laying an in1putation upon that committee, " which had drawn up the declaration." N otwith- standing which, after they had imprisoned him, they BOOK IV. h for] Not in J11S. OF 'fIlE RERELI..ION. 8S thought fit to Inake that expression less gross and positive; though, as it is set down above, (in which words it passed, and \vas delivered to the king,) it was thought by standers-by to be very un agreeable to the gravity of a wise court, and to the duty of subjects. But in this particular, in oppressing all those who were of different opinions from them, their carriage was so notorious and terrible, that spies were set upon, and inquiries made upon all private, light, casual discourses, which fell fron1 those who 'v ere not gracious to them: as Mr. Trelawny, C a n1elnber of the house of con1mons, and a Inerchant of great reputation, was expelled the house, and committed to prison, for having said, in a private discourse in the city, to a friend, " that the house could not ap- " point a guard for themselves without the king's " consent, under pain of high treason:" which ,vas proved by a fello,v, who pretended to overhear him; \vhen the person himself, with whOln the conference was held, declared, "that he said, it might be im- " puted to them for high treason: d" and it was con- fessed on all parts, that the words were spoken long before the discovery, and some days before the house had resolved, "that they ,vould have a gual d." And afterwards, upon the old stock of their dislike, 'v hen the war begun e to break out, they again imprisoned this honest f gentleman; seized upon all his estate, which was very good; and suffered hÍIn to die in prison for want of ordinary relief and refreshment. And in this very time we speak of, and in the c as l\fr. Trelawny,J as one l\lr. Trelawny, d high treåson :] treason : C begun] began f honest] poor BOOK IV. ] 642. BOOK IV. 1642. 84 THE HISTORY very business of the militia, when every day very great multitudes of petitions g from most of the coun- ties of England, and from the city of London, were presented to both houses, to desire they might beh put into a posture of defence; and that they would cause the ordinance for the militia to be speedily executed, which was alleged to be an instance of the people's desire throughout the kingdolll, and the chief ground of their proceeding; the most substan- tial citizens of London, both in reputation and estate, finding that the militia of that city, with which by their charter, and constant practice, the lord mayor had been always intrusted, was now with a most ex- travagant power to be committed to a number of factious persons of the city, part i of whom consisted of men of no fortune, or reputation, resolved to pe- tition both houses " not to alter the k original con- " stitution and right of their city:" and, to that pur- pose, a petition ,vas signed by some hundreds, and very probably \vould in few days have been sub- scribed by all, or most of the substantial citizens of London. The house had notice of this peti- tion, which they called another conspiracy and plot against the parliament, and immediately employed a member of their o\vn to procure a sight of it ; ,vho, under a trust of redelivering it, got it into his hands, and brought it to the house of commons; upon which, son1e principal citizens, \vho had subscribed it, ,vere examined, and comn1itted to prison; and a direction given, that a charge and impeachment should be prepared against the recorder of London, who, they g luultitndes of petitions ] luul- titudes with petitions h they might be] them to be i part] the llmjor part k the] their OF THE REBELLION. 285 heard, had been of council in the dra,ving up and BOOK preparing that petition, and, they knew, ,vas oppo- I IV. site to their tumultuary proceedings. So when the 1642. chief gentlelnen of Oxfordshire heard, that a peti- tion had been delivered to the house of commons in their name, and the nalTIe of that county, against the established government of the church, and for the exercise of the militia, they assembled together to draw up a petition disavowing the former, and to desire, " that the settled laws might be observed ;" of \vhich the lord Say having notice, he procured the chief gentIell1en to be sent for as delinquents, and so suppressed that address: and this was the Ineasure of their justice in many other particulars of the same nature, receiving and cherishing all l11U- tinous and seditious petitions, and discountenancing such as besought the continuance and vindication of the so long celebrated and happy governn1ent in church and state; the prime leaders of that faction not blushing, in public debates in the house, to aver, " that no lTIan 1 ought to petition for the governn1ent " established by law, because he had already his " wish; but they that desired an alteration, could " not otherwise have their desires known; and there- " fore \vere to be countenanced." The committee, which presente the declaration They like- to the king at N e,vrnarket, presented likewise addi- :i : f :- tional reasons, as the y called them , for his 111a i est y 's king wit éJ reasons Jor return, and continuance near the parlian1ent; as a his conti- nuance near n1atter, in their apprehension, of so great necessity the parlia- and ill1portance towards the preservation of his per- mente son, and his kingdolll : and they said, I man] men BOOK IV. J 642. 86 THE HISTORY r "They could not think they discharged their du- " ties in the single expression of their desire, unless " they added some further reasons to back it ,vith. " 1. His nlajesty's absence would cause men to be- " lieve, that it was out of design to discourage the " undertakers, and hinder the other provisions for " raising money for defence of Ireland. 2. It would " very much hearten the rebels there, and disaffected " persons in this kingdolll, as being an evidence, and " effect of the jealousy and division between his " majesty and his people. 3. That it would much " weaken and withdra\v the affection of the subject "from his majesty; without which, a prince is de- " prived of his chief est strength and lustre, and left " naked to the greatest dangers and miseries that " can be inlagined. 4. That it would invite and en- " courage the enemies of our religion and the state " in foreign parts, to the attempting, and acting of " their evil designs and intentions towards us. 5. " That it did cause a great interruption in the pro- U ceedings of parliament. Those considerations, they " said, threatened so great dangers ill to his person, " and to all his dOlninions, that, as his great council, " they held it necessary to represent to him this n " their faithful advice, that so, whatsoever should " follo,,", they might he excused before God and " man." 'Vhilst that declaration was reading, his Inajesty expressed SOlne passion upon particular expressions; and once, ,vhen that passage ,vas read, that takes notice " of the transportation of 1\11'. J ernlyn by his "lnajesty's o,vn warrant, after he had given his ...., m dangers] danger n this] that OF 1.'1HE REBELLION. 87 " ,vord, that he had commanded that none of his BOO K "servants should depart from court," interrupted IV. the earl of Holland, who read it, and said, "That's 1642. " false;" and when he ,vas told, "it related not to "the date, but the execution of the ,varrant," his majesty said, "It might have been better expressed " then: it is a high thing to tax a king ,vith breach " of promise." But after both the declaration and reasons were read, the king, after a short pause, said to them, " I am confident that you expect not I should His majes- . . ty's answer " gIve you a speedy answer to thIS strange and un- to both. " expected declaration; and I am sorry, in the dis- " traction of this kingdom, you should think this " way of address to be nlore convenient, than that "propounded, by my l11essage of the t,ventieth of " January last, to both houses. As concerning the " grounds of your fears and jealousies, I ,vill take " time to ans\ver thenl o particularly; and doubt not " but I shall do it to the satisfaction of all the world. " God, in his good till1e, ,viII, I hope, discover the " secrets and bottoms of all plots and treasons; and " then I shall stand right in the eyes of all nlY peo- "pie. In the nlean tinle I must tell you, that I ra- " ther expected a vindication for the imputation laid " upon P nle in l\lr. Pym's speech, than that any "more general runlours and discourses should get " credit ,vith you. For my fears and doubts, I did " not think they should have been thought so trivial " and groundless, ,vhilst so lllany seditious pamphlets " and sernlons are looked upon, and so great tlUllU]tS o them] Not in ftlS. plaid U pOB ] laid on BOOK IV. 1642. 88 THE HISTORY " remembered, q unpunished and r un inquired into. I " still confess In y fears, and call God to witness, that " they are greater for the true protestant profession, " nlY people and laws, than for Iny own rights, or " safety; though I must tell you, I conceive none of " these are free fronl danger. \Vhat would you have? " Have I violated your laws? Have I denied to pass " anyone bill for the ease and security of Iny sub- " jects? I do not ask you what you have done for "me. Are lllY people transported with fears and " apprehensions? I have offered as free and general "a pardon as yourselves can devise. There is a "judgnlent from heaven upon this nation, if these " distractions continue. God so deal with file, and " nline, as all my thoughts, and intentions, are up- " right for the nlaintenance of the true protestant " profession, and for the observation and preserva- " tion of the laws of the land: and I hope God will " bless and assist those Ia\vs for my preservation." This being suddenly, and with some vehenlence, spoken by his majesty, and he having taken further time to answer the declaration, and the reasons, the committee besought him, "since they were to carry " back with them no other answer, that his majesty " would vouchsafe to give thenl ,vhat he had spoken " in writing;" which, the next Inorning, he did: and then the earl of Holland again desired him, "that " he would reside nearer his parlialnent ;" whereunto the king briefly answered, " I would you had given " me cause; but I ain sure this declaration is not q remen1bered,] are remen1- bered, r and] Not in MS. s briefly] shortly OF THE REBELLION. 89 " the way to it." Then being asked by the earl of Pembroke, whether the Inilitia Inight not be granted, as was desired by the parlianlent, for a tilne? he an- swered, " By God, not for an hour. You have asked " that of me in this, was never asked of a king, and " with which I will not trust nlY ,vife and children." He told thenl, "he could not have believed the par- " Hament would have sent hiln such a declaration, " if he had not seen it brought by such persons: and " said he ,vas sorry for the parlianlent, but glad he " had it; for by that he doubted not to satisfy his "people. He said they spoke t of ill councils; but "he was confident they had ,vorse infornlation u, " than he had councils. He told then1, the business " of Ireland would never be done in the way they " were in; four hundred would never do that work; " it nlust be put into the hands of one: and, he said, " if he were trusted \vith it, he ,vould pawn his head " to end that ,vork." As soon as the comnlittee returned, and reported what answer they had received, and in ,vhat disposi- tion and tenlper they found and left the king; it ,vas ordered, that their declaration, ,vhich they had ent to him, should be speedily printed, and carefuHy dispersed throughout the kingdom, that the people might see upon what terms they stood; and all other possible courses "rere taken to poison the hearts and affections of the subjects, and to suppress all those, who, in any degree, seemed to dislike their high proceedings. Above all, care was taken to place such preachers and lecturers in the 1110st populous towns and parishes, as ,vere ,veIl kno,vn to abhor t spoke] spake VO L. II. 11 information,] informations U BOOK IV. ] 642. BOOK IV. 1642. The king's message to both houses in his way to York. QDO THE HISTORY the present governlnent, and ten1perature of church and state; many of 'VhOlTI were recon1n1ended, and positively enjoined, and ill1posed upon parishes, by the house of COffilnons; and others, by such factious men1bers, whose reputation was n10st current: and all canonical clergymen, and orthodox divines, 'v ere, ,vith equal industry, discountenanced, inlprisoned, or forced to a long attendance upon conlmittees, or the house, <,vhich was \vorse than in1prisonment,) under the notion and hnputation of scandalous n1i- nisters. "\Vhich charge and reproach reached all men, whose inclinations they liked not, or whose opinions they suspected. And that they n1ight be sure to be as strong and absolute at sea, as at land, they ap- pointed the lord adn1iral to send the nan1es of aU those captains of ships, who were to attend the fleet for that sun1mer service, to thenl, to the end they might have such men, in whom they might confide; which his lordship most punctually observed. By which they helped to free him of those officers whom he could not plausibly have discharged; and struck out the nan1es of those, whose affections or relations they thought then1selves not secure in. The king thought it now tinle, according to his former l'esolution, which he had not cOIDlnunicated to many, to remove to York, \vhich ,vas a place of good reception, x and conveniency, for those who 'v ere willing to attend him; and, to the end that there might be public notice of it, he sent fron1 Hunting- ton, when he was upon his journey, a essage to both houses: "That, being then in his relTIOVe to " his city of York, where he intended to Inake his x good reception,] receipt, OF THE REBELLION. 91 "residence for sonle time, he thought fit to send " that message to theI11, and very earnestly to desire " thenl, that they ,vould use all possible industry in " expediting the business of Ireland; in ,vhich they " should find so cheerful a concurrence frOln his Ina- " jesty, that no inconvenience should happen to that " service by his absence, he having all that passion " for the reducing that kingdom, ,vhich he had ex- " pressed in his former 111essages, and being, by "words, unable to Inanifest 1110re affection to it; " than he had endeavoured to do by those nlessages : " having like,vise done all such acts, as he had been " moved unto by his parlial11ent. Therefore, if the " n1isfortunes and calan1ities of his poor protestant " subjects there should gro,v upon them, (though he " should be deeply concerned in, and sensible of their " sufferings,) he said, he should ,vash his hands be- " fore all the world from the least in1putation of " slackness in that Inost necessary and pious ,york. " And, that he might leave no way unattempted, " which might beget a good understanding bet,veen " hin1 and his parliament, he said, he thought it ne- " cessary to declare, that, as he had been so tender " of the privileges Y of parlialllent, that he had been " ready and forward to retract any act of his own, " ,vhich he had been inforl11ed had trenched upon " their privileges; so he expected an equal tender- "ness in then1 of his kno,vn prerogatives, Z ,vhich " are the unquestionable a privileges of the kingdon1 ; " amongst ,vhich, he ,vas assured, it ,vas a funda- " Inental one, that his subjects could not be obliged y privileges] privilege Z known prerogatives,] known and unquestionable privileges, a unquestionable] Not in iJ'lS. u2 BOOf{ IV. ] G42. 92 THE HISTORY BOOK "to obey any act, order, or injunction, to which he IV. " had not given his consent. " And, therefore, he thought it necessary to puh- " lish, that he expected, and thereby required, obedi- " ence from all his loving subjects to the laws esta- " blished; and that they presumed not upon any " pretence of order, or ordinance, to which his 11la- " jesty ,vas no party, concerning the n1ilitia, or any " other thing, to do, or execute what was not war- "rantable by those laws; he being resolved to keep " the la,vs himself, and to require obedience to them " from all his subjects. " He b once n10re recommended unto them the " substance of his message of the twentieth of J a- " nuary last; that they would compose, and digest " with all speed, such acts as they should think fit " for theC present and future establishment of their " privileges, the free and quiet enjoying their estates " and fortunes, the liberties of their persons, the se- " curity of. the true religion then professed in the " church of England, the maintaining his regal and " just authority, and settling his revenue; he being "most desirous to take all fitting and just ways, "which might beget a happy understanding be- "tween hiIn and his parliament, in 'v hich he con- " ceived his greatest power and riches did consist." Both. , I have not known both houses in more choler and houses vote con- rage, than upon the receiving this message, which cernmg the . militia, came early to them on 'Vednesday the sLxteenth of l\larch. N ow the day before had been spent in pre.. paring all things ready for the execution of the or- dinance of the militia; they had voted, and resolved, 1642. b He] And he c the] their OF THE REBELLION. 93 " that it was not any way against the oath of aIle.. "giance, that all the commissions to lieutenants "under the great seal were illegal and void; and " that whosoever should execute any power over the " militia by colour of any c0111mission of lieutenancy, "without consent of both houses of parlian1ent, "should be accounted a disturber of the peace of " the kingdom." Then they agreed upon this pro.. position, " That the kingdon1 had been of late, and " still was, in so evident and in1minent d nger, both "from enemies abroad, and a popish and discon.. " tented party at home, that there was an urgent " and inevitable necessity of putting his majesty's "subjects into a posture of defence, for the safe.. " guard both of the king and his people; and that " the lords and con1mons, apprehending that dan- " gel', and being sensible of their o,vn duty to pro.. "vide a suitable prevention, had, in several peti.. " tions, addressed thelnselves to his Jnajesty for the " ordering and disposing the militia of the kingdom " in such a way, as was agreed upon, by the ,visdom " of both houses, to be IllOst proper for the present " exigence of the kingdolll: yet they could not ob- " tain it; but his majesty did several tÏ1nes refuse " to give his royal assent thereunto." Upon this proposition, they resolved, " that in that case of ex.. " treille danger, and of his majesty's refusal, the or- "dinance agreed on by both houses for the militia " did oblige the people, and ought to be obeyed by "the fundamental la\vs of the kingdom; and that " such persons, as should be non1inated deputy lieu- "tenants, and approved of by both houses, should " receive the con1lnands of both houses, to take upon " them to execute their offices." All which resolu.. uS BOOK IV. 16-12. BOOK IV. ] 642. 94 THE HISTORY tions were ordered, the same night, to be printed and published. So that, \vhen the king's message from Huntington was read the next morning, and seemed to be against their votes of the day before, they concluded, " that it could not be sent from the " king, but that it had been inserted in blanks left " in the to\vn for such purposes;" and imlnediately made a cOll1mittee, " to find out by Wh0111 that mes- " sage was framed." But "rhen they remelnber- ed, that they had voted as much a week before, and had examined the gentleman who brought it, and had received it fr0111 the king's own hand, they proceeded no further in that inquisition; but satisfied themselves \vith a ne\v vote, "that those " persons, \vho advised his majesty to absent him- " self from the parliament, and those that advised "him to that message, \vere enell1ies to the peace " of the kingdoll1, and justly to be suspected to he "favourers of the rebellion in Ireland." And for the nlatter itself they resolved to insist upon their former votes; and withal declared, " that \vhen the " lords and commons in parliament, which is the su- " pren1e court of judicat.ure in the kingdoln, should " declare what the law of the land is, to have that " not only questioned and controverted, but contra- , dieted, and a comn1and that it should not be obey- , ed, "ras a high breach of the privilege of parlia- " ment." And this like\vise they caused to be speedily printed; lest the king should be able to persuade the subjects, that an order of theirs, without his consent, was no la\v to cOlnpel their obedience. And frOll1 this last resolution, by which the la\v of the land, and consequently the liberty of the subject, OF THE REBELLION. 95 was resolved into a vote of the two houses, ,vhich BOOK passed without any dispute or hesitation, all sober IV. men discerned the fatal period of both, and saw a 1642. foundation laid for all the anarchy and confusion that hath followed. I t was now kno\vn, that the king ,vas gone to Their o der York, which made them apprehend their principal- l rnmg ity of Hull might be in danger; and therefore they immediately resolve, "that no forces ,vhatsoever " shall be admitted in that town, without the im.. "mediate consent of both houses:" which order was sent thither by an express. And having pre.. pared the people to be ready for the militia, by pub- lishing, " that, in case of extrenle danger, they were "to obey that ordinance;" they were, in the next place, to find the danger to be extreme; and, to that purpose, they produced letters without any name, pretended to be ,vritten from Amsterdam, signifying, "that they had intelligence there, that " there ,vas an arnlY ready in Denmark to be trans- "ported into England, and ,vas to be landed at " HuH; \vhich, they said, had been confirnled to " them by a person of reputation, fronl Ne\vmarket, " \vho confirll1ed the intelligence of Denmark: and " added, that there were d likewise forces ready in " France to be landed e at Hull." Of f this, how gross and ridiculous soever it ap- peared to ,vise men, they made a double use, (be- sides the general ill1pression in the people,) the one to colour and countenance their orders to their go- vernor there; the other, to make the king's re i- dence in those parts suspected and grievous, as if he d were] was e landed] likewise landed u4 f Of] And of BOOK IV. 1642. 296 THE HIS'l'ORY came thither only to bring in foreign forces upon them. With these alarms g of foreign forces, they mingled other intelligence of the papists in Eng- land, "that they had a purpose of making an insur- " rection;" and therefore they proceeded in prepar- ing a bill to secure the persons of those of the best quality, and greatest interest, and enjoining the oath of supreinacy to be taken with great rigour; and, amongst other stratagems they had to hUll1ble the papists, I remember, upon an information that they used their protestant tenants worse in the rais- ing their rents, than they did those of their o\vn re- ligion, there \vas an order, "that they should not "raise the rents of their tenants, above the xates "tbat the protestant landlords adjoining received " from their tenants:" by vÎrtue of \vhich, in SOine })laces, they undertook to deteru1ine what rents their tenants should pay to them. But, in this zeal against the papists, they could not endure that the king should have any share; and therefore, when they found, that his majesty had published a pro- clao1ation in his journey towards York, " comlnand- " ing all the judges and justices of peace, and other " officers, to put in due execution all the la\vs and " statutes of the kingdom, against popish recusants, " without favour or connivance," they presently sent for the sheriffs of London to the house of comn10ns, and exan1ined theIn, " \vhy seven priests, who were " in Newgate, and had been long conden1ned, ,v ere "not executed?" the reason whereof they ,veIl knew: and ,vhen the sheriffs h said, "that they had "received a reprieve for them under the king's g alarms] alarum It the sheriffs] they OF THE REBELLION. 97 "hand," they published that with great care in BOO K their prints, to take off the credit of the new pro- IV. clan1ation; and appointed their messengers, whom 1642. they were then sending to the king with a new de- claration, to move his n1ajesty, "that he would take " off his reprieve, and suffer those seven condemned "priests to be executed, according to the judg- " ments they had received.' They proceeded now to provide all necessary means for the raising great sums of money, by the diligent collection of what was granted by former acts, and by a new bill for the raising of four hun- dred thousand pounds for the payment of the great debts of the kingdom, (by which they meant the remainder of the three hundred thousand pounds, they had bountifully given to their brethren of Scot- land,) and the support of the war of Ireland: all which monies were to be received and disposed as the t,vo houses should direct; of which though the king saw the danger, that might, and did after en- sue thereupon, i yet he thought that probable incon- venience and Inischief to be less, than that, which the scandal of denying any thing, upon ,vhich the recovery of Ireland seen1ed to depend, would inevita- bly bring upon hin1; and so ratified whatsoever they brought to hÜn of that kind. Amongst other expedients for raising of money They make for the ,val' of Ireland, about this time, they made ri:o o; certain P ro p ositions to encoura g e men to be adven- adv nt I ur- ers In re- turers in that traffick, thus: they concluded "that, land. "in so general a rebellion, very much land ll1ust " escheat to the crown by the forfeiture of treason, I anù did after ensue thereupon,] and after did ensue to them, 98 THE HIsrrORY BOO K "and that, out of such forfeitures, satisfaction might IV. . " be gIven to those, who should disburse n10ney to- 1642. "wards the suppression of the rebels; so many " acres of land to be allowed for so much lTIOney, " according to the value of the lands in the several "provinces, which was specified in the proposi- " tions;" which, having passed both houses, \\Tere presented to the king, who (it being about the be- ginning of February, when the breach of their pri- vileges rung k in all men's ears) ans\vered, " that as " he had offered, and was still ready to venture, his " own person for the recovery of that kingdom, if "his parliament should advise him thereunto; so " he would not deny to contribute any other assist- " ance he could to that service, by parting with any " profit or advantage of his own there; and there- " fore, relying upon the wisdom of his parliament, The king "he did consent to every proposition, now n1ade to consents to h .. k .. . d d them. "1m, wIthout ta Ing tIme to consl er an exa- " lnine, whether that course Inight not retard the "reducing that kingdom, by exasperating the re- "bels, and rendering them desperate of being re- " ceived into grace, if they should return to their "obedience. And, he said, he \vould be ready to " give his royal assent to such bills, as should be "tendered to hin1 by his parlianlent for the con- " firnlation of those propositions.'? 'Vhich answer, together \vith their propositions, they caused forth\vith to be printed; made their COnl111ittees, in all places, to solicit subscriptions, and to receive the monies, the principal and Inost acti ve persons subscribing first, for the example of k rung] rang OF THE REBELLION. 99 others; and delayed the framing and presentíng the BOOK bill to the king, till they had received great sums of IV. money, and procured very many persons of all con- 1642. ditions to subscribe, many coming in out of pure covetousness to raise great fortunes; five hundred acres of land being assigned for one hundred. pound in S0111e counties, and not much under that propor- tion in others; some out of pure fear, and to \vin credit \vith the po\verful party, which made this. new project a measure of men's affections, and a trial how far they lllight be trusted, and relied on. Then they sent those propositions digested into a bill to the king, with such clauses of power to theIn, and diminution of his own, that, upon the matter, he put the nlaking a peace with the rebels there out of his po\ver, I though upon the most advantage- ous terms; \vhich he ,vas like\vise necessitated to l)ass. But notwithstanding all these preparations on The king th e . d h h I . f d . . passes a bill IS Sl e t e sea, t e re Ie an proVISIon was very to that pur- slowly supplied to the other side: \vhere the rebels pose. still increased in strength, and by the fame of these propositions enlarged their po\ver, very many per- sons of honour and fortune, who till then had sat still, and either were, or seemed to be, averse to the rehellion, joining \vith them, as being desperate, and conceiving the utter suppressing their religion, and the very extirpation of their nation, to be decreed against them. And, \vithout doubt, the great re- forlllers here were ,villing enough to drive thenl to any extremity, both out of revenge and contempt, as a people easy to be rooted out, and that the \var I his power,] his own power, 300 THE HISTORY, &c. 1642. luight be kept up still; m since they feared an union in that kingdom 1night much prejudice their designs in this, both as it might supply the king with po,ver, and take away much of theirs; whereas now they had opportunity, ,vith reference to Ireland, to raise both men and money, which they might be able to employ upon more pressing occasions, as they ,viII be found afterwards to have done. Neither was it out of their expectation and view, that, by the king's consenting to that severe decree, he might very probably discourage his catholic subjects, in his other dominions, from any extraordinary acts of duty and affection: at least, that it would render hÌln less considered by most n catholic Plinces. And they kne,v well what use to lnake of any diIninution of his interest or reputation. These matters thus settled, for the ease of the t\VO houses, \vho were no,v like to have nIuch to do, they appointed the whole business of Ireland to be managed by com- mission under the great seal of England, by four lords and eight con1n10ners, whom they reCOffi- lnended to the king, and who were ahvays to re- ceive instructions froln themselves. And in this state and disposition were the affairs of Ireland, when the king went to York, where let us now re- sort to hÌln. BOOK IV. m up still;] still up ; n most] the most THE END OF TIlE }'OURTH nOOK. THE HISTORY OF THE REBELLION, &c. BOOK V. a ISA. iii. l . .Å.s.fòr my people, children are tl eir oppressors, and women rule over tlwm. 0 rny people, they which lead tl ee cause tltee to err, and destroy tl e way Wthy paths a. . As soon as the king came to York, which was about the end of the year 1641, and found his re- ception there to be equal to his expectation, the gentry, and men of ability of that great and popu.... lous county, (some very few excepted,) expressing great alacrity for his majesty's being \vith them, and no less sense of the insolent proceedings of the par- liament; thereupon b he resolved to treat '\vith the two houses in another manner than he had done, and to let them clearly kno\v, "that as he would " deny them nothing that was fit for thelll to ask, " so he would yield to nothing that was unreason.. a ISA. iii. 12. As for-thy paths.] Not in IS. b thereupon] whereupon 1642. N. S. 30 THE HISTORY BOOK "able for him to grant; and that he would have v. . " nothIng extorted from him, that he was not very 1642. "well inclined to consent to." So, ,vi thin fe,v days after his cOIning thither, he sent them C a declara- tion (\vhich he caused to be printed, and, in the frontispiece, recommended to the consideration of all his loving subjects) in ans,ver d to that presented to him at Newn1arket some days before: he told them, His majes- "That, though that declaration, presented to ty's decJa- " h . N k f b h h f 1 . ration from 1m at ewmar et rom ot ouses 0 par la- Io:;;h 9. "ment, was e of so strange a nature, in respect of "what he expected, (after so IDany acts of grace " and favour to his people,) and SOllie expressions in , it so different from the usual language to princes, " that he might well take a very long time to con- n sider it; yet the clearness and uprightness of his " conscience to God, and love to his subjects, had " supplied him with a speedy answer; and his unal- " terable affection to his people prevailed \vith hin1 " to suppress that passion, which might ,veIl enough "become him upon such invitation f. He said, he " had reconsidered g his answer of the first of that " month at Theobalds, \vhich was urged h to have " given just cause of sorrow to his subjects: but, he " said, whoever looked over that message, (\vhich " ,vas in effect to tell him, that if he '\vould not join "with them in an act., \vhich he conceived nlight "prove prejudicial and dangerous to hitn, and the " whole kingdom, they would make a la,v ,vithout c then1] Not in MS. d in answer] to them, in an- swer e was] were f such iu\'itation.] such an invitation. g reconsidered] considered b urged] said OF THE REBELLION. 80S " him, and impose it upon his people,) would not "think that sudden _answer could be excepted to. " He said, he had little encouragement to replies of " that nature, when he was told of how little value " his ,vords were like to be with them, though they " caIne acconlpanied ,vith all the actions of love and " justice, (where there ,vas room for actions to ac- " company thenl;) yet he could not but disavow the " having any such evil counsel, or counsellors about "him, to his knowledge, as were Inentioned by " theln; and, if any such should be discovered, he " would leave thell1 to the censure and judgment of , his parliament. In the mean tilne he could wish, "that his own imll1ediate actions, which he did " avow, and his own honour, might not be so roughly " censured and wounded, under that C0111mOn style " of evil counsellors. For his faithful and zealous " affection to the true protestant profession, and his "resolution to concur with his parliament in any " possible course for the propagation of it, and the "suppression of popery, he said he could say no " more than he had already expressed in his de- "claration to all his loving subjects, published in " January last, by the advice of his privy council; " in which he endeavoured to Inake as lively a con- " fession of himself in that point as he was able, be- " Ï11g most assured, that the constant practice of his "life had been answerable thereunto: and there- "fore he did rather expect a testimony, and ac- "knowledgnlent of such his zeal and piety, than " those expressions he Inet with in that declaration " of any design of altering religion in this kingdom. " And he said, he did, out of the innocency of his " soul, wish, that the judgn1ents of Heaven might BooK v. J 642. 'BOOK v. ) 642. 304 THE HISTOR"\ "be manifested upon those, who have or had any " such design. " As for the Scots' troubles, he told thenl, he had " thought, that those unhappy differences had been " wrapped up in perpetual silence by the act of ob- " livion; which, being solemnly passed in the }Jar- " liaments of both kingdolns, stopped his own n10uth "fron1 any other reply, than to she,v his great dis- " like for reviving the melnory thereof. II e said, if " the rebellion in Ireland, so odious to all Christians, " seemed to have been framed and InaintaÏ11ed in " England, or to have any countenance from hence, " he conj ured both his houses of parliament, and all "his loving subjects ,vhatsoever, to use all possible " Ineans to discover and find such out, that he might " join in the most exemplary vengeance upon thenl, "that cOl!ld be imagined. But, he told them, he " must think hîmself highly and causelessly injured "in his reputation, if any declaration, action, or " expression of the Irish rebels; any letters i from "the count Rozetti to the papists, for fasting and " praying; or from Tristran1 'Vhetcolllb, of strange "speeches uttered in Ireland, should beget any jea- " lousy or misapprehension in his subjects of his jus- " tice, piety, and affection: it being evident to all " understandings, that those mischievous and wick- " ed rebels are not so capable of great advantage, as " by having their false discourses so far believed, as " to raise fears and jealousies to the distraction of " this kingdom; the only way to their security. He " said, he could not express a deeper sense of the " sufferings of his poor protestant subjects in that i letters] letter OF THE REBELLION. 305 " kingdom, than he had done in his often messages " to both houses; by which he had offered, and ,vas " still ready, to venture his royal person for their " redelnption; well kllowing, that as he was, in his " o\vn interests, ll10re concerned in thenl; so he was " to Inake a strict account to Almighty God for any " neglect of his duty, or their preservation. " For the n1anifold attempts to provoke his late " army, and the army of the Scots, and to raise a "faction in the city of London, and other parts of " the kingdom, if it were said as relating to hiln, he " could not ,vithout great indignation suffer himself " to be reproached to have intended the least force, "or threatening to his parliament; as the being " privy to the bringing up the arn1yk would inlply. " 'Vhereas, he called God to witness, he never had " any such thought, nor knew l of any such resolu- "tion concerning his late army. For the petition " she,ved to hin1 hy captain Leg, he said, he well "remembered the san1e, and the occasion of that "conference. Captain Leg being lately come out " of the north, and repairing to hin1 at'Vhitehall, "his majesty asked hinl of the state of his arnlY; " and, after son1e relation of it, he told his majesty, " that the commanders and officers of the army had " a J11ind to petition the parlianlent, as others of his "l)eople had done, and shewed him the copy of a " petition; ,vhich he read, and finding it to be very " hU111ble, desiring the parlialnent ll1ight receive no "interruption in the reformation of church m and " state, to the Inodel of queen Elizabeth's days, his k the army] of the army 1 nor k new] or knew VOL. II. In of church] of the church x BOOK v. 1642. BoOK v. 1642. 306 THE HISTORY "majesty told him, that he saw no harm in it; "whereupon captain Leg rep] ed, that he believed " all the officers of the arlllY would like it; only, he " thought, sir Jacob Ashley would be nn\villing to " sign it, out of fear that it \vould n displease hin1. " His lnajesty then read the petition over again; " and observing nothing iu u1atter or form he con- " ceived could possibly give just cause of offence, he " delivered it to him again, bidding him give it to " sir Jacob Ashley, for "Those satisfaction he \vrit " C. R. upon it, to testify his approbation; and he " \vished that the petition might be seen and pub- " lished, and then he believed it would appear no " dangerous one, nor a just ground for the least jea- " lousy or misappl hension. " For 1\11'. Jermyn, he said, it was well kno\vn " that he was gone from Whitehall, before he re- " ceived the desire of both houses for the restraint " of his servants; neither returned he thither, or " passed over by any \varrant granted by hin1 after " that tilne. For the breach of privilege in the ac- " cusation of the lord Kimbolton, and the five meln- "bel's of the house of COlTIlnOnS, he told them, he " thought, he had given so ample satisfaction in his " several n1essages to that purpose, that it should " have been no Inore pressed against hiIn; being con- " fident, if the breach of privilege had been greater "than ever had been before offered, his ackno\v.. " ledgment and retractation had been greater than " ever king had given: besides the not exalnining " ho\v many of his Pl'ivileges had been invaded in " defence and vindication of the other. And there- n would] might . OF THE REBELLION. 807 " fore he hoped his true and earnest protestation in " his ans\ver to their order concernÏ11g the militia, " ,vould so far have satisfied them of his intentións " then, that they ,vould no more have entertåined " any inlagination of any other design, than he there "expressed. But ,vhy the listing so lllany officers, "and entertaining then1 at \Vhitehall, should be " misconstrued, he said, he llluch marvelled, when "it was notoriously kno\vn the tunlults at \Vest- " minster O were so great, and their demeanour so " scandalous and seditious, that he had good cause "to suppose his own person, and those of his ,vife " and children, to be in apparent danger; and there- " fore he had great reason to appoint a guard about " hhn, and to accept the dutiful tender of the ser- " vices of any of his loving subjects, which was all " he did to the gentlemen of the inns of court. " For the lord Digby, he assured them in the ,vord " of a kÏ11g, that he had his warrant to pass the seas, " and had left his court, before ever he heard of the " vote of the house of commons, or had any cause "to imagine that his absence would have been ex- " cepted against. 'Vhat their advertisements \vere " from Rome, Venice, Paris, and other l)filts, or what " the pope's nuncio solicits the kings of France and " Spain P to do, or from what persons such informa- " tions conle to them, or how the credit and reputa- " tion of such persons had been sifted and exalnin- " ed, he said, he kne,v not; but was confident, no " sober honest nlan in his kingdonls could believe, " that he 'vas so desperate, or so senseless, to enter- " tain such designs, as \vould not only bury this his o at '\'cstminster] about 'Vestminster P and Spain] or Spain x2 BOOK v. 1642. BOOK v. 1642. 308 THE HISTORY " kingdom in sudden distraction and ruin, but his " own name and posterity in perpetual scorn and "infamy. And therefore, he said, he could have " ,,'"ished in matters of so high and tender a nature, 4ó' wherewith the nlinds of his good subjects must " needs be startled, all the expressions had been so " plain and easy, that nothing lnight stick ,vith theln " that reflected upon his Inajesty; since they thought " fit to publish it at all. " And having no,v dealt thus plainly and freely "lvith them, by way of answer to the particular " grounds of their fears, he said, he hoped, upon a " due consideration and weighing of both together, " they \vould not find the grounds to be of that mo- " ment to beget, or longer to continue, a nlisunder- "standing between them; or force them to apply "themselves to the use of any other po,ver, than "what the law had given them: the ,vhich he al- " ways intended should be the nleasure of his own " power, and expected it should be the rule of his " subjects' obedience. " Concerning his own fears and jealousies, as he " had no intention of accusing then1, so he said, he " was sure no ,vords spoken by hhn on the sudden " at Theobalds would bear that interpretation. He " had said, for his residence near then1, he wished it " Inight be so safe and honourable, that he had no " cause to absent himself from 'Vhitehall; and ho\v " that could be a breach of privilege of parlialnent "he could not understand. He said, he had ex- " plained his meaning in his ans\ver at N e\vmarket, " at the presentation of that declaration, concerning " the printed seditious pan1phlets, and sermons, and " the great tun1ults at 'Vestminster: and he said, be OF 'rHE REBELLION. 309 "111Ust appeal to them, and all the world, whether " he 111ight not justly suppose hin1self in danger of "either. And if he were now at 'Vhitehall, he " asked them, what security he had, that the like " should not be again ? especially if any delinquents " of that nature had been apprehended by the lni- "nisters of justice, and had been rescued by the " people, and so as yet had escaped unpunished. He " told them, if they had not yet been informed of " the seditious words used in, and the circumstances " of those tumults, and would appoint some ,vay for " the examination of them, he would require some " of his learned council to attend with such evidence " as might satisfy them; and till that ,vere done, or " some other course should be taken for his security, "he said, they could not with reason wonder, that "he intended not to be, where he most desired to " be. " He asked them, whether there could yet want " evidence of his hearty and importunate desire to " join with his parlialnent, and all his faithful sub- " jects, in defence of the religion and public good of " the kingdon1? 'Vhether he had given them no " other earnest but "Tords, to secure them of those " desires? He told then1 the very remonstrance of "the house of commons (published in November " last) of the state of the kingdom allo,ved him a " more real testilTIOny of his good affections, than " words; that relTIOnstrance valued his acts of grace " anù justice at so high a rate, that it declared the " kingdon1 to be then a gainer, though it had charged " itself, by bills of subsidies and poll-money, with " the levy of six hundred thousand pounds, besides " the contracting a debt of two hundred and t,venty xS BOOK v. 1642. BOOK v. 1642. 310 THE HISTORY " thousand pounds lnore to his subjects of Scotland. " He asked them, whether the bills for the trien- " nial parlialnent, for relinquishing his title of hnpos- " ing upon merchandise, and po,ver of pressing of " soldiers, for the taking away the star-chan1ber and "high-comn1ission courts, for the regulating the " council table, \vere but \vords? \vhether the bills "for the forests, the stannary courts, the clerk of " the market, and the taking away the votes of bi- "shops out of the lords' house, were but words? " Lastly, what greater earnest of his trust, and re- " liance on his parliament, could he give, q than the " passing the bill for the continuance of this pre- " sent parliament? the length of ,vhich, he said, he " hoped, would never alter the nature of parlialnents, " and the constitution of this kingdom; or invite his "subjects so much to abuse his confidence, as to "esteeln any thing fit for this parliament to do, " which \vere not fit, if it ,vere in his po,ver to dis- " solve it to-n10rrow. And after all these, and 111any " other acts of grace on his part, that he Inight be " sure of a perfect reconciliation bet,veen him and " all his subjects, he had offered, and ,vas still ready " to grant, a free and general pardon, as anlple as "themselves should think fit. N ow if those were "not real expressions of the affections of his soul "for the puhlic good of this kingdoln, he said " he must confess that he ,vanted skill to n1anifest " them. " To conclude: although he thought his answer " already full to that point concerning his return to " London, he told them, that he \vas willing to de- (J could he give,] he could give, OF THE lIEBELLION. 311 " clare, that he looked upon it as a matter of so " great weight, as \vith reference to the affairs of " this kingdolTI, and to his o\vn inclinations and de- " sires, that if aU he could say, or do, could raise a " mutual confidence, (the only way, with God's bless- " ing, to nlake theln all happy,) and, by their en- " couragement, the laws of the land, and the govern- "ment of the city of London, Inight recover some " life for his security; he \vould overtake their de- "sires, and be as soon \vith thein, as they could "wish. And, in the mean tinle, he would be sure " that neither the business of Ireland, nor r any other " ad vantage for this kingdom, should suffer through "his default, or by his absence; he being so far' " fronl repenting the acts of his justice and grace, "\vhich he had already performed to his people, " that, he said, he should, with the same alacrity, " be still ready to add such ne\v ones, as lnight best " advance the peace, honour, aud prosperity of this " nation." They "Tho now read this declaration, and remen1- bel' only the insolent and undutiful expressions in that declaration, to which this \vas an answer, and the n10re insolent and seditious actions \vhich pre- ceded, accon1panied, and attended it, lnay .think that the style was not answerable to the provocation, nor princely enough for such a contest; and may be- lieve, that if his majesty had then expressed hiInself \vith 1110re indignation for 'v hat he had suffered, and illore rC::5olution, "that he ,vould no Blore enùure " thosc sufferings," they who ,verc not yet grown to thc hardiness of avowing the contelnpt. of the king l' nor] or x4 BOOK V. 1642. BOOK v. 1642. 91 THE HISTORY (and most of them having designs to be great ,vith and by him, 'Vh0111 they provoked) ,vould sooner have been checked, and recovered their loyalty and obedience. But they again, \vho consider and re- member that junctureS of tin1e, the incredible dis- advantage his majesty suffered by the misunder- standing of his going to the house of commons, and by the popular mistake of privilege of parliament, and consequently of the breach of .those privileges; and, on the contrary, the great height and reputa- tion the factious party had arrived to, the stratagems they used, and the infusions they made into the peo- ple, " of the king's disinclination to the laws of the " land ;" and especially, " that he had consented to " all those excellent laws made this parliament (of " which the people were possessed) very unwillingly, " and meant to avoid them: that the queen had an " irreconcileable hatred to the religion professed, and " to the whole nation, and that her power was un- " questionable: that there was a design to send the " prince beyond the seas, and to marry him to some " papist:" above all, (,vhich the principal of them, with ,vonderful confidence, in all places avo,ved to be true,) " that the rebellion in Ireland ,vas foment- " ed, and countenanced at least, by the queen, that " good terms might be got for the catholics in Eng.... " land:" I say, whoever remen1bers all t this, and, that though it might be presumed, that the exor- bitancy of the parliao1ent might be very offensive to some sober and discerning men, yet his majesty had no reason to presume of their eminent and vehement zeal on his behal since he sawall those (some fc,v u s juncture] conjuncture t aU] Not in MS. u some few] two or three OF THE REBELLION. 318 only excepted) from whom he might challenge the duty, and faith of servants usque ad aras, and for whose sake he had undergone lnany difficulties, either totally aliened from his service, alid engaged against him, or, like men in a trance, unapplicable to it: he will, I say, v conclude that it concerned his majesty, by all gentleness and condescension, to undeceive and recover lnen to ;their sobriety and understand- ing, before he could hope to make them apprehen- sive of their own duty, or the reverence that was due to hhn; and therefore, that he was to descend to all possible arts and means to that purpose, it being very evident, that men ,vould no sooner discern his princely justice and clemency, than they nlust be sen- sible of the indignities which were offered to him, and incensed against those who were the authors of them. And the truth is, (\vhich I speak knowingly,) at that tilne, the king's resolution was to shelter hÏ1n- self \vholly under the law; to grant any thing, that by the law he was obliged to grant; and to deny what by the law was in his own power, and which he found inconvenient to consent to; and to oppose and punish any extravagant attempt by the force and power of the law, presuming that the king and the la\v together would have been strong enough for any encounter that could happen; and that the law was so sensible a thing, that the people would easily perceive ,vho endeavoured to preserve, and \vho to suppress it, and dispose themselves accordingly. The day before this answer of his majesty canlC to the members then sitting at 'Vestminster,x though v I say,] Not in MS. at \Vestminster,J to theIn, x to the members then sitting BOOIe v. 1642. 314 THE HISTORY BOO K' they knew they should speedily receive it, lest some- v. w hat in it Inight answer, and so prevent SOUle other J 642. scandals they bad a n1ind to lay to his majesty's charge, they sent a petition to hiln, in the nanle of the lords and conlnlons, upon occasion of the short cursory speech he nlade to their conl111Íttee, (\vhich is before mentioned,) at the delivery of their declara- tion at Ne,vlnarket, in which they told hinl, 1"he peti- " That the lords and COlnn1QnS in P arlian1ent could tion of the lords and "not conceive, that that declaration, ,vhich he re- " ceived froin them at N ewmarket, ,vas such as did " deserve that censure his majesty was pleased to " lay upon the In in that speech, which his majesty " made to their cOlnnlittee; their address therein, "being acconlpanied ,vith plainness, hUlnility, and " faithfulness, they thought more proper for the re- "moving the distraction of the kingdoIn, than if " they had then proceeded according to his message " of the t\ventieth of January; by ,vhich he was " pleased to desire, that they would declare, ,vhat " they intended to do for his n1ajesty, and what they " expected to be done for thelDselves; in both ,vhich, " they said, they had been very much hindered by " his Inajesty's denial to secure them, and the whole " kingdoln, by disposing tbe nlilitia as they had di- "vel'S times most hunlbly petitioned. And yet, " they said, they had not been altogether negligent " of either, having lately 111ade good proceedings in " preparing a book of rates, to be passed in a bill of " tonnage and poundage, and like,vise the 1nost Ina- ' terial heads of those lunnhle desires, ,vhich they " intended to Il1ake to his majesty for the good and " contentment of his nlajesty and his people; but commons presented to his ma- jesty at York, l\Iarch 26, 1642. OF THE REBELLION. 915 " none of those Y could be perfected before the king- " dom be put in safety, by settling the nliIitia: and " until his maje ty should be pleased to concur with " his parliament in those necessary things, they held " it itnpossible for his majesty to give the world, or " his people, such satisfaction concerning the fears " and jealousies, which they had expressed, as they " hoped his majesty had already received touching " that exception, which he was pleased to take to " 1\11'. Pym's speech. As for his majesty's fears and " doubts, the ground ,vhereof ,vas from seditious " pamphlets and sernlons, they said, they should be " as careful to endeavour the removal of theln Z , as "soon as they should understand what palnphlets " and serlnons were by his nlajesty intended, as they " had been to prevent all dangerous tUIUltltS. And " if any extraordinary concourse of people out of the " city to 'Vestn1inster had the face and show of tu- " mult and danger, in his majesty's apprehension, it " \vould appear to be caused by his Inajesty's denial " of such a guard to his parliament, as they nlight "have cause to confide in; and by taking into " "Thitehall such a guard for hinlself, as gave just " cause of jealousy to the parliament, and of terror "and offence to his people. They told hinl, they " sought nothing but his majesty"s honour, and the "peace and prosperity of his kingdoms; and that " they ,vere heartily sorry they had such plentiful " matter for an answer a to that question, ,vhether "his ll1ajesty had violated their laws? '-fhey be- " sought his majesty to remember, that the govern- " ment of this kingdom, as it was, in a great part, y those 1 these 2 of them] Not in MS. a for an answer] of an answer BOOK v. 1642. BOOK v. 1642. 316 THE HISTORY " managed by his ministers before the beginning of " this parlialnent, consisted of many continued and "multiplied acts of violation of laws; the wounds " ,vhereof were scarcely healed, when the extren1ity " of all those violations ,vas far exceeded by the late " strange and unheard of breach of their la\vs in the " accusation of the lord Kimbolton, and the five men1- " bel's of the commons' house, and in the proceedings " thereupon; for which they had yet received no " full satisfaction. " To his majesty's next question, whether he had " denied any bill for the ease and security of his " subjects? they wished they could stop in the midst " of their answer; that with nluch thankfulness they " acknowledged, that his majesty had passed many " good hills fun of contentment and advantage to his " people: but truth and necessity enforced them to " add this, that, even in or about the tin1e of passing " those bills, some design or other had been on foot, " which, if it had taken effect, \vould not only have " deprived then1 of the fruit of those bills, but have " reduced them to a worse condition of confusion, " than that ,vherein the parlian1ent found then1. " And if his l11ajesty had asked thelll the third ques- " tion intÎInated in that speech, what they had done " for him? they told him, their ans\ver ,vould have " been n1uch more easy; that they had paid two ar- " D1ies ,vith \\7 hich the kingdoln ,vas burdened the " last year, and had undergone the charge of the war ., in Ireland at this tinIe, "\\r hen, through many other " excessive charges and pressures, his subjects b had " been exhausted, and the stock of the kingdom very h his ubjects] whereby his subjects OF THE REBELLION. 817 " much diminished; ,vhich great mischiefs, and the "charges thereupon ensuing, had been occasioned " by the evil counsels so powerful with his majesty, " \vhich had C and would cost this kingdonl more " than t\VO millions; all which, in justice, ought to " h ve been borne by his majesty. " As for that free and general pardon his majesty " had been pleased to offer, they said, it could be no " security to their fears and jealousies, for which his " majesty seemed to propound it; because they arose " not from any guilt of their own actions, but from " the evil designs and attempts of others. "To that their humble answer to that speech, " they desired to add an information, which they had d "lately received froln the deputy governor of the "D1erchant adventurers at Rotterdanl in Holland, " that an unkno\vn person, appertaining to the lord " Digby, did lately solicit one J alnes Henly, a ma- " riner, to go to Elsinore, and to take charge of a " ship in the fleet of the king of Denmark, there pre- " pared; which he should conduct to Hull. In which "fleet like\vise, he said, a grea army ,vas to be " transported: and although they were not apt to " give credit to inforn1ations of that nature, yet they " could not altogether think it fit to be neglected; "but that it might justly add some\yhat to the ",veight of their fears and jealousies, considering " ,vith what circumstances it ,vas accolnpanied; with " the lord Digby's preceding e expressions in his letter " to her majesty, and sir Le\vis Dives; and his l11a- , jesty's succeeding course of withdra,ving hÏ1nself " north\vard froln his parlianlent, in a manner very c which had] Þ.rot in IS. d had] Not in MS. e preceding] precedent BOOK v. 1642. BOOK Vo 1642. The king's answer 0 318 'l"HE HISTORY "suitable and correspondent to that evil counsel; " ,vhich, they doubted, \vould make much deeper im- " pression in the generality of his people: and there- " fore they nlost humbly advised, and besought his " lnajesty, for the procuring and settling the confi- " dence of his parlianlcnt and all his subjects, and " for the other important reasons concerning the re- "covery of Ireland, and securing this kingdonl, "which had been formerly presented to him, he "would be graciously pleased, with all convenient " speed, to return to those parts, and to close \vith " the counsel and desire of his parlialnent; where " he should find their dutiful affections and cndea-. " vours ready to attend his majesty \vith such enter- " tainnlent, as should not only give him just cause " of security in their faithfulness, but other manifold " evidences of their earnest intentions, and endea- " vours to advance his lllajesty's service, honour, and " contentlnent; and to establish it upon the sure " foundation of the peace and prosperity of all his " kingdoms." This, which they called a petition, being presented to the king, his lnajesty immediately returned, by the same messengers, his answer in these \vords : " If you would f have had the patience to have "expected our ans\ver to your last declaration, " (which, considering the nature of it, hath not been " long in coming,) \ve believe, you ,vould have saved " yourselves the laùour of saying much of this roes- "sage. And ,,-e could \vish, that our privileges on " all pårts ,,-ere so stated, that this ,yay of corre.. ': spondency might be preserved \vith that freedonl, f If you would, &c.] This an- writing of lord Clarendon's se- swer of his majesty is in the hand- erelaryo OF THE REBELI..ION. 319 " which hath been used of old. For we must tell " you, that if you may ask any thing of us by mes.. " sage, or petition, and in what language (ho\v unu- " sual soever) you think fit; nd ,ve must neither " deny the thing you ask, nor give a reason why we " cannot grant it, without being taxed of breaking " your privileges, or being counselled by those, who " are enen1ies to the peace of the kingdom, and fa- "vonrers of the Irish rebellion, (for ,ve have seen " your printed votes upon our lnessage froln Hunt- " ington,) you will reduce all our answers hereafter " into a very little room; in plain English, it is to " take a,vay the freedoln of our vote; which, \vere " \ve but a subject, ,vere high injustice; but being " your king, ,ve leave all the ,vorld to judge what " it is. " Is this the way to compose all misunderstand- " iugs? ,ve thought ,ve she,ved you one, by our mes- .. sage of the twentieth of January; if you have a " better or readier, we shall ,villingly hearken to it, " for hitherto you have shewed us none. But why " the refusal to consent to your order, which you " call a denial of the militia, should be any interrup- " tion to it, ,ve cannot understand. For the lnilitia, " \vhich we al\vays thought necessary to be settled 9 " we never denied the thing (as we told you in our " answer of the twenty-eighth of January) to the pe- " tition of the house of conlmons; for \ve accepted " the persons, except for corporations; ,ve only de- " nied the ,,"ay. You ask it by way of ordinance, " and ,vith such a preface, as we can neither ,vith " justice to our honour or innocency consent to. You " excludp us from any po,ver in the disposition or " execution of it together ,vith you, and for a tinle nOOK v. 1642. BOOK v. 1642. 3 O THE HISTORY " utterly unlimited. 'Ve tell you, we ,vould have " the thing done; allow the persons, with that ex- " ception; desire a bill, the only good g old way of " imposing on our subjects: ,ve are extremely unsa- " tisfied what an ordinance is, but well satisfied, that " without our consent it is nothing, nor h binding: " and it is evident by the long tilne spent in this ar- " gument, the necessity and danger was not so im- "lninent, but a bill lnight have been prepared; " which if it shall yet be done, with that due regard " to us, and care of our people, in the limitation of " the power and other circumstances, we shall recede " from nothing we formerly expressed in that answer " to your order; otherwise, we lnust declare to all " the world, that we are not satisfied with, or shall " ever allow our subjects to be bound by, your printed " votes of the fifteenth or sixteenth of this nlonth; " or that, under pretence of declaring ,vhat the la,v " of the land is, you shall, without us, nlake a new " law, which is plainly the case of the lnilitia: and " what is this hut to introduce an arbitrary way of " governnlent? " Concerning Pym's speech, you will have found, "by what the lord Compton and Mr. Raynton " brought fi om us in answer to that lnessage they " brought to us, that, j as yet, ,ve rest nothing satis- " fied in that particular. " As for the seditious palnphlets and sermons, we " are both sorry and ashamed (in so great a variety, " and in which our rights, honour, and authority " are so insolently slighted and vilified, and in ,vhich " the dignity and freedoln ofparlialuents k is so much g good] Not in MS. h nor] not i that,] and, k parliaments] parliament OF THE REBELLION. S l " invaded and violated) it should be asked of us to " name any. The mentioning of the Protestation " Protested, the Apprentices Protestation, To your " tents, 0 Israel, or any other, would be too great " an excuse for the rest: if you think them not worth "your inquiry, we have done. But we think it " Inost strange to be told, that our denial of1 a guard " (\vhich "Te yet never denied, but granted in an- " other manner, and under a comlnand at that tilue " Dlost accustomed in the kingdo111,) or the denial of " any thing else, (,vhich is in our po,ver legally to " deny,) \vhich in our understanding, of \vhich God "hath surely given us some use, is not fit to be " granted, should be any excuse for so dangerous a m " concourse of people; which, not only in our appre- " hension, but, we believe, in the interpretation of " the n law itself, hath been always held Inost tu...' "multuous and seditious. And we must wonder, " ,vhat, and ,vhence COlne 0 the instructions and in- " formations, that those people have, who can so ea- " sily think themselves obliged by the protestation " to assemhle in such a nlanner for the defence of " privileges, ,vhich cannot be so clearly known to " any of them, and so negligently pass over the con- " sideration and defence of our rights, so beneficial " and necessary for then1selves, and scarce unkno,vn " to any of them; which by their oaths of allegiance " and supremacy, and even by the same protestation, " they are at least equally obliged to defend. And " what interruptions such kind of assemblies may be " to the freedom of future parliaments, (if Dot sea- " sonably discountenanced and suppressed,) we luust I of] to m a] Not in MS. VOI.A. II. 11 the] Not in MS. o whence come] whence comes y BOOK v. 1642. BOOK v. 1642. 8 THE HISTORY " advise you to consider; as likewise, whether both " our rights and powers may not by such means be " usurped, by hands not trusted by the constitution " of this kingdom. For our guard, \ve refer you to " our answer to your declaration. "By that question of violating your laws, by " \vhich we endeavoured to express our care and re- " solution to observe them, we did not expect you " would have been invited to have looked back so " many years, for which you have had so ample re- " paration; neither looked we to have been re- " proached ,vith the actions of our n1inisters then " against the laws, whilst we express so great zeal P " for the present defence of them; it being our reso- " lution, upon observation of the mischief ,vhich then " grew by arbitrary power, (though lllade plausible " to us by the suggestions of necessity and ÎlnIninent " danger; and take you heed, you fall not into the " same error, upon the same suggestions,) hereafter " to keep the rule ourself, and to our power require " the saIne from all others. But above all, we nlust " be nlost sensible of what you cast upon us for re- , quital of those good bills, you cannot deny. \Ve "have denied any such design; and as God AI- " mighty 111Ust judge in that point bet,veen us, ,vho " kno,vs our upright intentions at the passing those " laws, so in the Inean tilue we defy the Devil to " prove, that there was any design (\vith our know-) " ledge or priyity) in or aLout the titne of passing " those bills, that, had it taken effect, could bave de- "prived our subjects of the fruit of them. And " therefore we demand full reparation in this point, p zeal] a zeal OF THE REBELLION. 523 " that we Inay be cleared in the sight of all the " world, and chiefly in the eyes of our loving sub- " jects, from so notorious and false an imputation as " this is. " 'Ve are far from denying what you have done; " for ,ve acknowledge the charge our people hath q " sustained in keeping the t,vo arn1ies, and in rcliev- "ing Ireland; of which we are so sensible, that, in " regard of those great burdens our people hath r un- " dergone, we have, and do patiently suffer those cx- "treme personal wants, as our predecessors have "been seldom put to, rather than "\ve would press " upon them; which we hope in time will be consi- " dered on your parts. " In our offer of a general pardon, our intent was " to compose and secure the general condition of our " subjects, conceiving that, in these times of great " distractions, the good laws of the land have not "been enough observed: but it is a strange world, "when princes' proffered favours are counted re- " proaches: yet if you like not this our offer, we " have done. "Concerning any discourses of foreign forces, " though we have given you a full answer in ours to " your last declaration, yet we must tell you, we " have neither so ill an opinion of our o\vn merit, or " the affections of our good subjects, as to think our- " self in need of any foreign forces to preserve us "from oppression; and we shall not need for any " other purpose: but are confident, through God's " providence, not to want the good wishes and as- " sistance of the 'v hole kingdon1, being resolved to q hath] have r hath] have Y2 BOOK v. I G42. BOOK v. 1642. 3 4 THE HISTORY " build upon that sure foundation, the law of the " land: and we tak it very ill, that general S dis- "courses between an unkno\vn person and a nla- " riner, or inferences upon letters, should be able to "prevail in Inatters so iln probable in themselves, " and scandalous to us; for \vhich \ve cannot but " like\vise ask reparation, not only for the vindica- " tion t of our own honour, but also thereby to settle "the minds of our subjects, whose fears and jea- " lousies would soon vanish, were they not fed and " maintained by such false and lllaIicious rUlTIOUrS as " these. · " For our return to our parlianlent, we have given " you a full answer in ours to your declaration; and " you ought to look on us as not gone, but driven " (we say not by you, yet) froin you. And if it be " not so easy for you to make our residence in Lon- " don so safe as ,ve could desire, we are and will be "contented, that our parliament be adjourned to "such a place, where we may be fitly and safely " with you. For though we are not pleased to be at " this distance, yet you U are not to expect our pre- " sence, until you x shall both secure us concerning " our just apprehen ions of tumultuary insolences, " and likewise give us satisfaction for those insup- 'portable and insolent scandals, that are raised " upon us. " To conclude: as we have or shall not refuse any " agreeable way to justice Y or honour, which shall " be offered to us for the begetting a right under- " standing between us; so we are resolved that no B general] any general t vindication] vindicating \I you] ye x you] ye Y agreeable way to justice] way agreeable to justice OF THE REBELLION. 3925 " straits or necessities, to which we may be driven, " shall ever compel us to do that, which the reason " and understanding that God hath given us, and "our honour and interest, \vith which God hath " trusted us for the good of our posterity and king- " dOIns, shall render unpleasant and grievous to us. " And \ve assure you, how Z nleanly soever you are " pleased to value the discharge of our public duty, " we are so conscious to ourself of having done our " part since this parlianlent, that, in whatsoever con... " dition we now stand, we are confident of the con... " tinued protection from Almighty God, and the con.. " stant gratitude, obedience, and affection from our "people. And \ve shall trust God with all." These quick answers from the king gave them very much trouble, and lnade it evident to them, that he would be no more swaggered into concessions that he thought unreasouable, or persuaded to them upon general pronlises, or an hnplicit confidence in their future modesty; but that he demanded repara- tion for the breach of his privileges, and so fought with theln \vith their own weapons, troubled them nluch more; apprehending that, in a short time, the people might be persuaded to believe, that the king \vas in the right, and had not been well dealt with: and though some few, who thought thenlselves too far engaged to retire, were glad of the sharpness of these paper skirnlishes, which they believed made the wound still wider, and more incurable; yet the major part, which had been induced to join with thenlout of confidence that the king would yield, and that their boldness and importunity in asking z how] that how yg BOOK v. 1642. BOOK v. J 642. 3 6 THE HISTORY would prevail with his majesty to consent, wished thelTISelves fairly nentangled: and I have heard many of the fiercest concurrers, and who have ever since kept thenl conlpany, at that tilTIe profess, " that if any expedient might be found to reconcile "the present difference about the militia, they " would no lTIOre adventure upon demands of the "like nature:" and the earl of Essex himself was startled, and confessed to his friends, "that he de- "sired a more moderate proceeding should be in " parliament; and that the king, who had given so " much, should receive some satisfaction." But those of the court, who thought their faults to their Inas- tel' lTIOst unpardonable, could not endure that the youngest courtier a should be the eldest convert; and therefore, by repeating ,vhat the king and queen had said of hiIn heretofore, and hy fresh in.. telligence, ,vhich they procured from York, of ,vhat the king then thought of him, they persuaded him, " that his condition was too desperate to recede:" and all men were persuaded, that this steady b de- portn1ent of the king proceeded from sonle new evil counsellors, C who would be as soon destroyed as discovered; and that then they would so carry theulselves, that the king should o,ve his greatness and his glory (for they still said, "he should excel " all his predecessors in both") to their forn1ed coun.. scls and activity, and not to the ,vhispers of those who thought to do his business without thcIn. And I anl persuaded, that even then, and I was at that a that the youngest courticr] that he being the youngest courtier b steady] severe c from SOlne new evil coun- sellors,] from the spirit of some new evil counsellors, OF THE REBELLION. 3917 time no stranger to the persons of most that go- verned, and a diligent observer of their carriage, they had rather a design of luaking themselves powerful with the king, and great at court, than of lessening the power of the one, or reforming the discipline of the other: but, no doubt, there were son1e few in the number that looked further; yet, by pretending that, kept up the lnettle of writing, and inclined them for their honour to new declara- tion s. The king d found himself at some ease, and most persons of quality of that great county, and of the counties adjacent, resorted to him, and n1any per- sons of condition from London, d and those parts, who bad not the courage to attend upon him at White- hall; so that the court appeared with SOine lustre. And now he begun e to think of executing some of those resolutions, which he had made with the {!ueen before her departure; one of ,vhich was, and to be first done, the removing the earls of Essex and Holland from their offices in the court, the one of chamberlain, the other of groom of the stole, ,vhich hath the reputation and benefit of being first gentleman of the bedchamber. Indeed no man could speak in the justification of either of them, yet no Iuan thought them equally f culpable. The earl of Holland was a person merely of the king's and his father's g creation; raised from the condition of a private gentleman, a younger brother of an extrac- d The king-London,] Thus in MS.: 'V hen the king came to York, he found himself at ease; the country had received him with great expressions of joy and duty, and ull persons of quality from London, &c. e begun] began f equally] both equally g and his father's] Not tn j IS. Y4 BOOK v. 1642. BOOK v. 1642. 328 THE HISTORY tion that lay under a great blemish, and without any fortune, to a great height by their h Inere favour and bounty. And they i had not only adorned him with titles, honours, and offices, but enabled hin1 to support those in the highest lustre, and with the largest expense: and this king k had drawn many inconveniences, and great disadvantages, upon him- self and his service, by his preferring hin1 to some trusts, which others did not only think themselves, but really were, worthier of; but especially by in- dulging him so far in the rigorous execution of his .office of chief justice in eyre, in which he brought n10re prejudice upon the court, and more discontent upon the king, from the 1110St considerablc part of the nobility and gentry in England, than proceeded froln 1 anyone action, that had its rise fron1 the king's will and pleasure, though it ,vas not '\Tithout SOlne ,varrant from law; but m having not been practised for n SOine hundreds of years, ,vas looked upon as a terrible innovation and exaction upon" persons, who kne\v not that they were in any fault; nor was any imputed to then1, but the original sin of their forefathers, even for which they ,vere obliged to pay great penalties and ranS0111S. That such a servant should suffer his zeal to lessen and decay towards such a n1aster, and that he should keep a title to lodge in his bedchan1ber, froln whose court he had upon the. n1atter \vithdrawn himself, and adhered to and assisted those who affronted and contemned his n1ajesty so notoriously, \vould admit of no n1anner of interposition and excuse. h their] the king's i And they J And he k this king] Not in MS. I proceeded from] Not in MS. m but] which n for] in OF THE REBELLION. 3 9 Less was to be objected against the earl of Essex, who, as he had been, all his life, without obligations from the court, and believed he had undergone op- pression there, so he was, in all respects, the same man he had always professed himself to be, when the king put him into that office; and in receiving of which, nlany men believed, that he rather grati- fied the king, than that his majesty had obliged him in conferring it; and it had been, no doubt, the chief reason of putting the staff in his hand, because in that conjuncture no other man, who would in any degree have appeared worthy of it, had the courage to receive it. However having taken the charge upon him, he ought, no doubt, to have taken all his master's concernlllents more to heart, 'than he had done; and he can never be excused for stay- ing in Whitehall, when the king was with that out- rage driven from thence, and for choosing to behold the triumph of the men1bers'return to 'Vestminster, rather than to attend his majesty's person in so .great perplexity to Hampton-court; which had been his duty to have done, and for failing wherein no other excuse can be made, but that, after he had taken so full a resolution to have waited upon his 111ajesty thither, that he had dressed hilllself in his travelling habit, he was diverted from it by the earl of flolland, who ought to have accompanied hitn in the service, and by his averment, "tnat if he ,vent, " he should be assassinated;" which it was not pos.. sihle should have ever been so lnnch as thought of o . Notwithstanding all this, the persons trusted by o which it was not possible as thought of.] which was never should have ever been so much thought of: BOOK v. ] 642. nOOK v. J 642. 330 THE HISTORY his majesty, and remaining at London, had no sooner notice of it, (which his majesty sent to them, that he might be advised the best way of doing it,) but they did all they could to dissuade the pursuing it. They did not think it a good conjuncture to )11ake those two persons P desperate; and they knew that they \vere not of the tenlper and inclinations of those, who had too luuch credit with them, nor did desire to drive things to the utmost extrclnities, '\vhich could never better their conditions; and that they did both rather desire to find any expedients, by ,vhich they might make a safe and an honour- ahle retreat, than to advance in the way they were engaged ìn q. But the argument they chiefly in- sisted on to the king, was, "that, being deprived of " their offices, they would be able to do more nlis- " chief, and ready to enlbark themselves with the " most desperate persons, in the 1n08t desperate at- " tempts;" which fell out accordingly. And there is great reason to believe, that if that resolution the king had taken had not been too obstinately pur- sued at that time, many of the mischiefs, which af- terwards fell out, would have been prevented; and, without douLt, if the staff had renlained still in the hands of the earl of Essex, by which he was charged with the defence and security of the king's person, he would never have been prevailed with to have taken upon him the C01111nand of that army, \vhich ,vas after\vards raised against the king, and \vith which so 1nany battles were fought. And there can be as little doubt in any Ulan, who knew well the nature and telnper of that tinle, that it had p per ons] Not in MS. q in] Not in lJfS. OF THE REBELLION. gSl been very difficult, if not r utterly impossible, for the two houses of parliament to have raised an army then, if the earl of Essex had not consented to be general of that army. But the king was inexorable in the point; he was obliged by promise to the queen at parting, \vhich he would not break; and her majesty had contracted so great an indignation against the earl of Holland, whose ingratitude indeed towards her ,vas very odious, that she had said, "she would " never live in the court, if he kept his place." And so the king sent an order to Littleton, the S lord keeper of the great seal, "that he should require " the staff and key from the one and the other, and " receive then1 into his custody." The keeper trem- bled at the office, and had not courage to undertake it. He went presently to the lord Falkland, and t desired hitn to assist hÏ1n in making his excuse to the king. He made many professions of his duty to the king, ",vho, he hoped., would not command " hinl in an affair so unsuitable to the office he held " under him; that no keeper had been U elllployed " in such a service; that if he should execute the H order he had received, it would in the first place "be voted a breach of privilege in him, being a " peer; and the house would commit him to prison, " by which the king ,vould receive the greatest af- " front, though he should be ruined; \vhereas the " thing itself might be done by a more proper of- " fieer, \vithout any inconvenience." How weak soever the reasons were, the passion T very difficult, if not] Not in frlS. s the] then t and] Not in iJ1S. U had been] had ever been BOOK v. 1642. BOOK v. 1642. 3g THE HISTORY was strong; and the lord Falkland could not refuse to convey his letter to the king, which contained his answer in his o\vn ,vords, ,vith all the imagin- able professions of duty and zeal for his service. How ill soever his majesty was satisfied, he sa\v the business would not be done that way; and there- fore he writ immediately a letter, all in his own hand, to the lord Falkland; in which \vith SOlne graciolls expressions of excuse for putting that work upon hitn, he cOlnmanded him" to require the sur- " render of the ensigns of their offices from those " t\VO earls." The lord Falkland was a little trou- bled in receiving the command: they were persons from whom he had always received great civilities, and with whom he had much credit; and this harsh office n1ight have been lllore naturally, and as ef- fectually, perforlned by a gentleman usher, as the saIne staff had been demanded before fr0111 the earl of Pembroke, within less than a year. Ho\vever, he \vould make no excuse, being a very punctual and exact person in the perforlnances x of his duty; and so ,vent to both of theIn, and met theln coming to the house, and imparted his message to them: they desired him very civilly, "that he would give " them leave to confer a little together, and they " \vould, within half an hour, send for him into the " house of COlnlnons :" whither he went, and they, within less tÍ1ne, sent to him to meet them in sir Thol11as Cotton's garden, (a place adjacent, \vherc the members of hoth houses used frequently to \valk,) and there, with very fc\v \vords, they deli- vered the staff and the key int his hands, \vho im- x performances] IJerformance OF THE REBELLION. SSg mediately carried them to his lodging; and they went up to the house of peers: and presentlyY both bouses took notice of it, and ,vith passion, and bitter expressions against the evil couns ellors, who had given his TI1ajesty that counsel, they concurred in a vote, " that whosoever preslllned to accept of either , of those offices, should be reputed an enemy to his " country;" and then they proceeded with more im- petuosity in the business of the militia, and all other matters which most trenched upon the king's au':- thority. 'Vhilst they were so eager in pursuit of the mili- tia, and pretended the necessity so imnlinent, that they could not defer the disposition thereof till it might be formally and regularly settled by bill, they had their eye upon another militia, the royal navy; without recovering of which to their own power, (though they were satisfied by the pulse of the peo- ple, that they would join with them, and be ge- nerally obedieGt to their commands,) they had no mind to venture upon the execution of their land ordinance. And therefore, in the beginning of the spring, ,vhen the fleet for that year was provided, after they had z excepted against such persons to be captains of ships, as they thought not devoted to them, (as is before mentioned,) they sent a forinal message to the lords, " that the earl of N orthun1ber- " land, lord adiniral, might be moved to constitute "the earl of \Varwick his admiral of the fleet for " that year's service, being a person of such honour " and experience, as they might safely confide in " hinl; and that the earl of 'Varwick lllight he de- y presently] immediately z had] N vt in 1J1 S. BOOK V. 1642. nOOK v. 1642. 334 THE HISTORY " sired to undertake that service." The lords thought fit that the king's approbation ll1ight be first desired, hefore it was recommended to the earl of N orthull1- berland: but the COn11TIOnS thought that superfluous, since the officers of the fleet were absolutely in the earl's disposal; a and therefore refused to send to the king, but of themselves sent to both the one earl and the other; and the earl of \Varwick, being well pleased with the trust, very frankly, without wait- ing the king's consent, declared, "that he was ready "to undertake the elnployn1ent." But this being so publicly agitated, the king could not but take no- tice of it; and finding that the business should not be proposed to hiIn, thought it necessary to signify his pleasure in it, that so at least the lord admiral D1ight not pretend innocence, if ought should be done to his disservice; and therefore he appointed Mr. Secretary Nicholas to write to the earl of N 01'- thumberland, "that his majesty expected that sir " John Pennington should command that fleet, as " he had done t,vo or three years before." This let- ter being comlnunicated to both houses, and the lord admiral being thereby upon the disadvantage of a single contest ,vith the king, the house of COlnlnons, rather out of kindness and respect to the earl, than of duty to the king, condescended to join with the lords in a Inessage to his majesty; b which they sent not by n1en1bers of .their own, hut directed the lord keeper " to inclose it in a letter to the secretary at- " tending the king, and to send the san1e to York ;" \vhich he did accordingly. The nlessage ,vas: a since the officers of the fleet were absolutely in the earl's dis- posal;] since it was absolutely in the carl's disposal to dispose of the otlicers of the fleet; . 1.> his 111ajesty;] the king; OF THE REBELLION. 535 " That the lords and commons, in this present BOOK " parliament assembled, having found it necessary v. " to P rovide, and set to sea, a strong and powerful 1642. ... A messa.re " navy for the defence of this kingdom against fO-from bOtll . d .r h · f h . . , houses to "reIgn force, an or t e securIty 0 IS D1aJesty S the king, h d .. th h h f t 1 March 28 " ot er omInIons, e c arge w ereo was 0 Je 1642. J " borne by the CODl1110nwealth : and taking notice of " the indispositio11 of the lord adlniral, which dis- " abled hin1, at that ti111e, for comlnanding the fleet " in his own person, did thereupon recommend unto " his lordship the earl of 'Var\vick, a person of such " quality and abilities, as c in Wh0111 they nlight best " confide, to supply his lordship's rOOln for this em- " ployment: and understanding that his majesty "hath since signified his pleasure concerning that "command for John Pennington, they said, they " did hold it their duty to represent to his majesty " the great danger and mischief the con 1m on wealth " was like to sustain by such interruption; and there- " fore did hU111bly beseech his majesty, that the noble " person, recommended by both houses of parliament " for this service, might be no longeI'd detained from " it, out of any particular respect to any other person " whatsoever." The same day that this Inessage caIne to his ma- The king's jesty, he despatched an answer to the lord keeper; in answer. which he told hinI, "that he wondered both at the " form and matter of that inclosed paper he had sent " to hin1, in the name of both houses of parliament; " it being neither by the way of petition, declara- " tion, or letter; and for the matter, he believed, it " was the first tilne, that the houses of parliament c as] Not in MS. t1 ùe nu lunger] no longer be BOOK v. 1642. 836 THE HISTORY " had taken upon them the nomination, or recoln- "mendation of th chief sea-commander: but it " added to the wonder, that sir John Pennington "being already appointed by him for that service, " upon the recommendation of his admiral, and no "fault so much as alleged against him, another "should be recommended to hinl. Therefore, he " said, his resolution upon that point was, that he "would not alter him, whom he had ah'eady ap- " pointed to command that year's fleet; whose every "ways sufficiency was so universally known, the " which he was confident his adilliral, if there should "be occasion, \vould make most evident; against " whose testimony he supposed his parliament \vould " not except. And though there were yet none ap- " pointed, or the said sir John, through SOlne acci- " dent, not able to perform the service; yet, he said, " the men of that profession \vere so well known to " him, besides many other reasons, that (his adnliral " excepted, because of his place) recolnmendations " of that kind would not be acceptable to him." This answer \Vas no other than they expected, though they seemed troubled at it, and pretended that they had many things of misdemeanour to ob- ject against sir John Pennington, at least such mat- ters as would render hin1 incapable of that trust; the greatest of \vhich was, that he had conveyed the lord Digby over sea; though they well knew (as is before mentioned) that he had the king's warrant and command for that purpose; and therefore moved the lords that he might be sent for to be exaulined upon many particulars: and in the mean time, whi1st they caused hin1 to attend their leisure to he ex- amined, they proceeded in hastening the earl of 'Var- OF THE REBELLION. 337 \vick to nlake hinlself ready for the service, ,vho made no scruple of undertaking it; an the earl of N orthulnberland receiving the order, and desire of both houses, "to grant his cOlnnlission to hinl to be " admiral of that fleet," thought hÎ1nself sufficiently excused to\vards the king, and did it accordingly; the two houses in the 111ean time, ,vithout any fur- ther thought of procuring the king's consent, prepar- ing reasons to satisfy his Inajesty for the necessity or conveniency of their proceeding. l\lany lTIen, especially they who at a distance ob- served and discerned the difficulties the king ,vas like to encounter, \vondered that upon so apparent a breach of trust, and act of undutifulness, his majesty did not at that time revoke the lord adilliral's conl- mission, ,vhich ,vas but during pleasure; and so put that sure guard of the kingdom, his navy, under such a command as he might depend upon. But the truth is, it \vas not tIlen counsellable; for (besides that it was easier to resolve, " that it was fit to renlove the " earl of N orthu Inberl and," than to find a man conl- petent for the place) that \vay it might have been possible to have prevented the going out of any fleet to sea, ,vhich would have confirlned the frantic jea- lousies of bringing in foreign forces: but e not have reduced it to his own obedience. They had, by degrees, so ordered the collection of tonnage and poundage, by passing ills for six weeks and t\VO lTIonths at a time, and putting those, who should receive or IJay those duties, other\vise than they were granted by those bills, into a præ7Jlllllire ; and so terrified the old Cl1stolners, that the king had e but] Not in lS. VOIle II. z BOOK v. ] 642. BOOK v. ) 642. 338 THE HISTORY no other ll1eans of setting out his fleet, than by the monies arising by the customs, which they absolutely disposed of; and at this time had contracted with the victualler, made the ships ready, and hired lllany merchants' ships to join in that fleet for the guard of the seas. And whilst this Inatter of the admiral ,vas in suspense, they suffered the former bill of tonnage and poundage to expire, and did not, till the very night before, pass a ne,v bilI ; which could not have the royal assent till many days after, the king being then at Y ork. Yet the house of commons, to salve all danger of the præ1Jlunire, on the twenty-fourth of l\Iarch, being the very day that the former bill expired, sent an order to all the collectors of the customs, many of which could not receive it in ten days after; . " That the new bill being passed by both houses "for the continuance of those payments until the " third day of May, (which could not yet receive " the royal assent, in regard of the remoteness of "his majesty's person from the parliament,) which " monies to be collected by that bill \vere to be em. " ployed in f the necessary guarding of the seas, and "defence of the commonwealth: it ,vas therefore "ordered by the commons in parliament, that the " several officers belonging to the custom-house, both " in the port in London, and the out-ports, should " not permit any merchant or other to lade or un- " lade any goods, or merchandises, hefore such per- " sons do make g due entries thereof in the custom- ." house. And it ,vas declared also hy the said COlll- " mons" that such officers, upon the respective entry I in] tor g make] first ma.ke OF THE REBELLION. S59 " lllade by any Inerchant as aforesaid, should inti- " Inate to such merchant, that it ,vas the ad vice of - , the commons, for the better ease of the said Iner- " chants, and in regard the respective duties would " relate, and become due as froln that day; that the " said merchants upon entry of their goods, as usually " they did, "Then a law ,vas in force to that purpose, " \vould depos t so nluch n10ney as the several cus- " tOlns would amount unto, in the' hands of such ." officers, to be by then1 accounted to his majesty, "as the respective custonlS due by the said bill, " when the said hill should have the royal assent; or " other\vise, his Inajesty refusing the passing thereof, " the said monies to be restored, upon deluand, unto " the severallnerchants respectively." By ,vhich order, which \vas a Inore absolute dis... pensation for a lJloæ1Jl Ull ire, than ever any nO/l- obstante granted by the cro\vn, the custolns \vere as frankly and fully paid, as if an act of parlian1ent had been passed to that purpose; and as soon as the -commission could be sent, and returned fron1 York, the act \vas passed. But no doubt they had a fur- ther design in suffering the hill totally to expire, be- fore they prepared a ne\v one h, than at that tinle was apprehended; and intended, under such a popular necessity, which seeilled to be occasioned by the king's absence, to bring their o,vn orders in such a i reputation, that in another necessity which they should declare, they Inight by the precedent of this, \vhich ,vas the only indeillnity all those nlerchants who paid, and the officel:s \vho received, cust001S, }lad for the preservation of their estates, be CUI rcnt- ly and absolutely obeyed and Subl11itted to. h one] Not in MS. i a] Not 111 1118. ..., () f.. ;Wi BOOK v. J 642. BOOK v. 1642. 40 THE HISTORY By this it appears the king could not at that time, with conveniency or safety to his affairs, displace the earl of Northumberland; and he believed, if his occasions should hereafter require it, that the tÍ1ne would be much more seasonable, when the fleet was at sea; and the thing itself Inore practicable: ,vhich was a true conclusion. However, he expressed so lnnch dislike against the earl of Warwick's COln- lnanding that fleet, that he was not willing that any officers whom he valued should take employ- Inent under him; ,vhich he had shortly after cause to repent. For, by this n1eans, the vice-adlniralty, which was designed to captain Cartwright, the comp- troller of the navy, who hath since sufficiently testi- fied how advantageously to his Inajesty he would have managed that charge, upon his refusal (which was occasioned by intimation from his n1ajesty, as shall be hereafter mentioned) was conferred UIJon Batten, an obscure fellow; and, though a good sea- man, unknown to the navy, till he ,vas, two or three years before, for money, Inade surveyor, who exe- cuted it ever since with great animosity against the king's service, of which more hereafter. Being, by this Ineans, secure at sea, they pro- ceeded ,vith Inore vigour at land; and, though they thought it not yet seasonable to execute their ordi- nance for the militia with any form and pomp, they directed, underhand, their agents and emissaries, " that the people, of themselves, should choose cap- "tains and officers, and train under the name of " volunteers;" ,vhich begun k to be practised in many places of the kingdom, but only in those corpora- tions, and I>y those inferior people, who were noto... 1< begun] began OF THE REBELLION. 341 Tious for faction and schism in religion. The king's declarations, which were now carefully published, gave them SOlne trouble, and made great impression in sober lllen, who \vere moved with the reason, and in rich men, who ,vere startled at the commands in them. But that clause in the king's answer to their declaration, presented to him at Newmarket, in which he told them, " that if they had not been informed ." of the seditious words used in, and the circum- " stances of the tumults, and would appoint some " way for the examination of them, that he would " require some of his learned council to attend with "such evidence as might satisfy them," troubled them llluch more. For if there were still so much courage left in the king's council, that they durst appear to inform against any of those proceedings, which they favoured, they should find men grow more afraid of the law than of them; which ,vould destroy all their designs. Therefore they resolved to proceed ,vith all expedition, and severely,] against the attol"ney general for his trespass and presulnp- tion upon their privileges, in the accusation of the five nlenlbers, and the lord Kinlbolton: of the cir- CUlTIstances of which proceeding, and judgment there- upon, being as extraordinary, and as distant frolll the rules of justice, at least of practice, as any thing that then happened, it will not be amiss to set down two or three particulars. Shortly after they had impeached him, (\\T hich is Inentioned before,) and the king had found it neces- sary to give over any prosecution against the others,m his 111ajesty being desirous, now he had freed them, that they should free his attorney, ,vrit a Jetter from I severely,] severity, m the others,] them, z3 BOOK v. ] 642. BOOK v. 1642. 34Q TI-IE HISTORY Royston, when he was in his way to York, to the lord keeper; in \vhich he told hÏ1n, "that the arti- " cles, which had been preferred against the mem- , bel's, \vere,D by hinlself, delivered to his attorney " general, engrossed in paper; and that he had then "co111111anded hin1 to accuse those persons, upon "those articles of high treason, and other misdc- " meanours ; and, in his name, to desire a committee " of lords might be appointed to take the examina- " tion 0 of such witnesses as should be produced, as , forn1erly had been done in cases of like nature, " according to the justice of the house. And his " majesty did further declare, that his said attorney " did not advise or contrive the said articles, nor " had I any thing to do \vith, or in advising, any ." breach of privilege that follo\ved after. And for " \vhat he did in obedience to his cOIDlnands, he " conceived he \vas bound by oath, and the duty of " his place, and by the trust reposed in him by his " nlajesty, so to do: and that, if he had refused to " obey his majesty therein, his majesty would have " questioned him for breach of oath, duty, and trust; " but now having declared that he found cause \vholly " to desist froln proceeding against the persons ac- " cused, he had commanded him to proceed no fur- " ther therein, nor to produce nor discover P any proof " concerning the same." Though this testimony of his majesty's clearly ahsolved him from the guilt, \vith \vhich he was charged, yet it rather hastened the trial, and sharp- ened the edge, that \vas before keen enough against n were,] was, ('I examination] examinations p discover] to discover OF THE REBELLION. 34$ hin1; and the day of trial being come, \vhen the Inen1bers of the con1mons, who were appointed for the prosecution, found that council was ready (which }lad been assigned by the lords) for the defence of the attorney general, they professed, "that they , \vould adn1it no council; that it was below the , dignity of the house of commons to plead against "fee'd council; that whoever presumed to be of " council with a person accused by the comn10ns of "England, should be taught better to know his " duty, and should have cause to repent it." The lords seemed lnuch moved with this reproach, that their acts of judicature should be questioned, and the council, which had he en justly and regularly as- signed by them, should be threatened for submitting to their order. But that which troubled thelD most, \vas, that the council, \vhich ,vas assigned by them, upon this reprehension and threat of the commons, positively refused to meddle further in the business, or to Inake any defence for the attorney. Hereupon they put off the trial, and commit to the Tower of London sir Thon1as Bedingfield, and sir Thomas Gardiner, for their conteillpt in refusing to be of çouncil \vith the attorney upon their assignment: standel's by looking upon, the justice of parliament with less reverence, to see the suhject, bet\veen the contradictory and opposite commands of both houses, (the displeasure of either being insupportable,) pu- nished and imprisoned for doing, q by one, ,vhat r he was straitly inhibited fron1 doing by the other. S Ho,vever, this difference gave only respite for son1C days to the attorney, who ,vas quickly again rclinances] ordinance 11 to] N vi in 1"}1 13h4 BOOK v. 1642. 376 ï"HE HI '.rORY " to then1, he thought fit to give thenl, and all thc "world, particular satisfaction, why he could not, " ought not, must not pass that bill, being the first "public bill he had refused this parliament: and "therefore, he told them, he must complain, that " having expressed hÍ1nself so clearly and particu- " larly to them in that point, they should press any " thing upon him, which they could not but foresee " hex must refuse; except he departed from those " resolutions, grounded upon so llluch reason, he had "so earnestly before acquainted them with, and " against which they had not given one argument " to satisfy his judgment. " He told them, he was pleased they had declined " the un\varrantahle course of their ol'dinance, (to "the \vhich, he was confident, his good subjects "would never have yielded their consent,) and " chosen that only right ,yay of imposing upon the " people, which he would have allowed but for the " reasons follo\ving : " He said, he had refused to consent to their 01'- " dinànce, as for other things, so for that the po\ver " \vas put into the persons nominated therein by di- " rection of both houses of parlialnent, excluding his " majesty frolll any power in the disposition or exc- " cution of it together with thenl: he had then ad-" " vised them, for lllany reasons, that a bill should hc " prepared; and after, in his answer of the 26th of " I\larch to the petition of both houses, he had told " thenl, if such a bill should be prepared with that " due regard to his majesty, and care of his people, ,.. in the liluitation of the power, and other CirCUlTI- x be] that he OF THE REBELLION. 377 " stances, he should recede from nothing he formerly " expressed. "'Vhat passed (enough to have discouraged him "from being further solicitous in that argument) " after his full and gracious ans,vers, he was content " to forget. '''hen he resolved on Y his journey into " Ireland, so that, by reason of his absence, there " might be no want of settling that power; besides , complying with their fears, he sent, together with " a message of that his purpose, a bill for z settling " the power for a year; hoping in that time to re- "turn to them, and being sure that, in much less " time, they might do the business, for which at first " they seemed to desire this; \\rhich was, that they H might securely consider his message of the 20th " of January last. By that bill, which he sent, he " consented to those names they proposed in their "ordinance, and in the lhnitation of the power; " provided, that himself should not be able to exe- " cute any thing but by their advice; and, when he " should be out of the kingdom, the sole execution " to be in them; ,vith many other things, of so arbi- " trary and uncircumscribed a power, that he should " not have consented to, but with reference to the " absence of his o,vn person out of the kingdoln; " and thought it the n10re sufferable, in respect the " tin1e was but for a year. '\Thether that bill, they " had sent to hin1 to pass, "'"ere the same, the ,vorld " would judge. " He said, they had, by that bill tendered to his " 111ajesty, without taking notice of hin1, put the " power of the whole kingdom, the life and liberties )' resolved on] resolvcc1 of z fur] for the nOOK v. 1642. BOOK v. 1642. 378 1."HE HIS TOllY " of the subjects of all degrees and {lualities, into "the hands of particular lllen, for two years. He " asked them, if they could inlagine he would trust " such an absolute power in the hands of particular " persons, which he had refused to cOlnn1it to both "houses of parlian1ent ? Nay, if the po,ver itself " were not too absolute, too unIin1ited, to be con1- " mitted into any private hands? Whether sir John " Hotham's high insolence shewed hiln not, what he " might expect from an exorbitant legal power, "rIlen " he, by a power not warrantable a by law, durst ven- U ture upon a treasonable disobedience? But his u majesty would willingly know, and indeed such U an account in ordinary civility, he said, he l11ight " have expected, why he was, by that act, absolutely " excluded from any power, or authority, in the exe- " cution of the militia. He said, sure their fears " and jealousies were not of such a nature, as were " capable of no other remedy, than by leaving him "no power in a point of the greatest Ílnportance; " in which God, and the la,v, had trusted him solely, " and which he had been contented to share viith " them by his own bill, hy putting it, and a greater, " into the hands of particular subjects. He asked " them, what all Christian princes would think of "him after he had passed such a bill? Ho,v they " would value his sovereignty? And yet, he said, " sure his reputation with foreign princes ,vas some " ground of their security. Nay, he ,vas confident, "by that tinle they had throughly considered the " possible consequence of that bill, upon thenlselves, "and the rest of his good subjects, they would all a warrantable] warranted OF rI'HE REBELLION. 379 " give him thanks for not consenting to it; finding " their condition, if it should have passed, would not " have been so pleasing to theIne He told theIn, he "hoped that animadversion would be no breach of "their privileges. In that throng of business and "distemper of affections, it was possible, second "thoughts might present son1ewhat to their con- " siderations, which escaped them before. " He remembered them, that he had passed a bill "this parliament, at their entreaty, concerning the " captives of Algiers, and waved many objections of " his own to the contrary, upon information that the "business had been many months considered by " then1; whether it proved suitable to their in ten- "tions, or whether they had not, by some private "orders, suspended that act of parliament upon "view of the mistakes, themselves best knew; as "like\vise, what other great b alterations they had " made upon other bills, passed this session. He " told them, he could not pass over the putting their "names out of that bill, WhOlTI before they had re- " con1mended to him in their ordinance, not think- " ing fit, it seemed, to trust those who would obey "no guide but the la\v of the land, (he imagined " they would not wish he should in his estimation of " others follow that their rule,) and the leaving out, "by special provision, the present lord mayor of " London, as a person in their disfavour; whereas, "he said, he must tell them, his demeanour had " been such, that the city, and the whole kingdom, " was beholding to hiIll for his exanlple. " To conclude, he said, h did not find hin1self ... greltt] Not in ;.118. BOOK v. ] 642. BOOK v. 1642. 880 THE HIsrrORY " possessed of such an excess of po,ver, that it was " fit to transfer, or consent it should be in other pcr- " sons, as was directed by that bill; and therefore "he should rely upon that royal right and jurisdic- " tion, ,vhich God and the law had given him, for " the suppressing of rebellion, and resisting foreign " invasion; ,vhich had preserved the kingdon1 in the " tin1e of all his ancestors, and ,vhich he doubted " not but he should be able to execute. And, not "Inore for his o\vn honour and right, than for the " liberty and safety of his people, he could not con- " sent to pass that bill." Though no sober man could deny the reasonable- ness of that answer, and that there was indeed so great a difference between the bill sent by his ma- jesty, and that presented to hin1 from the two houses, that it could not soberly be imagined he ,,,,"ould con- sent to it; yet, it had been better for his 111 ajesty, that the first overture from himselfc had never been made; it giving new life, spirit, and hopes to then1 ; and they making the people believe (who understood not the difference, and knew not that the king's pleasure, signified by both houses of parliament, \vas in effect d the pleasure of both houses without the king) that his majesty now refused to consent to what hill1self had offered and proposed; \vhilst his own party (for so those begun e no\v to be called, who pr erved their duty and allegiance entire) ,vas as much troubled to find so sovereign a po,ver of the crown offered to be parted with to the two houses, as was tendered to them by the king's own bill; and C that the fin t O\7erture from himself] that that overture d in effect] Not in iUS. e begun] began OF THE REBELLION. 381 that it ,vas possible for his Inajesty to recede from BOO K his firmest resolves, even in a point that ,vould not v. naturally adulit of the least division or diminution. ] 642. The king, being ,veIl pleased that he had gone through one of his resolutions, and not lTIuch trou- hIed at the anger f it had produced, and finding his court full of person of quality of the country, whog made all expressions of affection and duty, ,vhich . they thought ,vould be most acceptable to him, re- solved h to undertake another enterprise, which was of more importance, and \vhich in truth was the sole 1110tive of his journey into those parts. The great Inagazine of arms and alnu1unition, which ,vas left upon the disbanding the army, remained still at Hull, and ,vas a nobler proportion than remained in the To\ver of London, or all other his n1ajesty's stores; and there had been formerly a purpose to have se- cured the san1e by the earl of Newcastle's presence there, which had been disappointed, as hath been be- fore mentioned, and sir John Hotham sent thither to look to it; who \vas now there only with one of the companies of the trained bands: and so the king resolved that he ,vould himself nlake a journey thi- ther, \vith his o\vn usual train; and being there, that he \vould stay there, till he had secured the place to him. This ,vas his purpose; which he concealed to that degree, that very fe\v about him kne\v any thing of it. As soon as it ,vas known that his majesty meant to reside in York, it was easily suspected, that he had an eye upon that magazine;i and therefore they f anger] anger and trouble g who] which h resolved] he resolved . i that n1agazine;] the maga- ZIne ; BOOK V. 1642. 3SQ THE HISTORY made an order in both houses, " That the magazine " should be removed from Hull to the To\ver;" and ships ,vere making ready for the transportation; so that his majesty could no longer defer the execution of \vhat he designed. k And, being persuaded, I by some ,vho believed themselves, that, if he went thither, it ,voltld neither he in sir John Hothaln's ,viII, norm his po\ver, to keep hinl out of that town; and that, being possessed of so considerable a port, and of the magazine. there, n he should find a better temper towards a modest and dutiful treaty; his majesty took the opportunity of a petition presented to him by the gentlemen of yorkshire, (\vho in truth 0 \vere much troubled at the order for renloving the magazine from Hull; and ,vere ready to appear in any thing for his service,) in \vhichp " they desired " him to cast his eye q and thoughts upon the safety k he designed.] The hist01"Y is thus continued in MS. B. from which this portion is taken: And therefore he sent the duke of York, (who came to him few days before from Richmond by his command,) attended only by a few gentlemen and servants, whereof sir Lewis Dives was one, \\Tho had much acquaint- ance with Hotham, to see the town, and without any other pretence. He was received by sir J. Hotham with all respect, and was treated and lodged by him in such a manner as was fit. The next morning the king himself, with a choice number of about twenty or thirty gen- tlemen, who were appointed to attend by himself, and all otl1ers inhibited to go, went from York, and sent word by one of his ser- vants to sir J. Hotham, that his majesty would dine with him that day; with which message he was exceedingly surprised and confounded. The nlan was of a fearful nature, p. 384, l. ]. 1 And, being persuaded,] This paragraph begins thus in MS. C. 'Vhilst these things were agitat- ing, the king, who found the re- sort and affections of the north to be an werable to his expec- tation, and the principal gentle- men to be inclined very heartily and devoutlv to his service, and being persu;ded, &c. m nor] or n magazine there,] fS. adds: (which the houses had ordered to be speedily sent to Loudon) o in truth] Not in iUS. p in which] by which q his eye] his eyes O:F 'rHE IlEllELLION. 383 " of his own person, and his princely issue, and that "whole county; a great means whereof, they said, , did consist in the arlllS and ammunition at I-Iull, " placed there by his princely care and charge; and " since, upon general apprehensions of dangers from " foreign parts, thought fit to be continued: and they " did very earnestly beseech him, that he would take " such course, that it might still ren1ain there, for "the better securing those, and the rest of the nor- " thern parts." Hereupon r he resolved to go thither 11il11 self ; and, the night before, he sent his son the duke of York, ,vho ,vas lately arrived from Rich- lnond, accon1panied with the prince elector, s thither, ,vith SOI11e other persons of honour; who knew no more, than that it ,vas a journey given to the plea- sure and curiosity of the duke. Sir John Hotham received thelTI ,vith that duty and civility that be- caIne him. The next 1110rning early, the king took horse from York; and, attended \vith two or three hundred of his servants, and gentlemen of the coun- try, rode thither; and, when he caIne within a mile of the town, sent a gentlenlan to sir John Hotham, " to let him kno\v that the king would that day dine " \\rith him ; ' \vitb which he was strangely surprised, or seen1ed to be so. t r Hereupon,] Thus originally in MS, Hereupon he resolved to go thither himself in person, the which he kept very private till the night before, and then he sent, &c. S the prince elector,] Origi- nally in J18. the pals grave, t Instead of the ensuing para- graph, which is taken from MS. B. the other MS. is thus conti- 'filled: It was then reported, and was afterwards averred by hin1self to some friends, that he had re- cei ved the night before adver- tisement, from a person very near to, and very much trusted by his Inajesty, of the king's purpose of coming thither, and that there was a resolution of hanging him, or cutting his throat as soon as he was in the BOOK v. ] 642. BOOK V. 1642. 384 THE HISTORY The man was of a fearful nature, and perplexed understanding, and could better resolve upon delibe- ration than on a sudden; and many ,vere of opinion, that if he had been prepared dexterously beforehand, and in confidence, he would have conformed to the king's pleasure; for he was master of a noble for- tune in land, and rich in money; of a very ancient falnily, and \vell allied; his affections to the govern- 111ent very good; and no Ulan less desired to see the nation involved in a civil ,val', than he: and, \vhen he accepted this employn1ent from the parlian1ent, he never imagined it ,vould engage him in rebellion; but believed, that the king \vould find it necessary to comply with the advice of his two houses; and that the preserving that magazine from being possessed by him, would likewise prevent any possible rupture into ariTIS. He was no\v in great confusion; and calling sonle of the chief magistrates, and other offi- cers, together to consult, they persuaded him, not to suffer the king to enter into the town. And his Ina- jesty coming within an hour after his messenger, found the gates shut, and the bridges drawn, u and the walls ll1anned; all things being in a readiness for the reception of an enemy. Sir John Hothaln hinl- self froni the walls, ,vith several professions of duty, and lnany expressions of fear, telling his majesty, " that he durst not open the gates, being trusted by " the parlialnent;" the king told him, " that he he- " lieved he had no order from the parlialnent to shut town. 'rhether this or any thing else wrought with him, I know not, but when the king came he found the gates shut, &c. as in page 384, line 22. U the bridges drawn,] The continuation of this part of the history, according to MS. B, will be found in the Appendix, L. OF THE REBELLION. 385 " the gates against him, or to keep him out of the "town." He replied, " that his train was so great, " that if it were adlnitted, he should not be able to " give a good account of tbe town." 'Vhereupon the king offered" to enter with twenty horse only, and " that the rest should stay without." The which the other refusing, the king desired bim " to come to " hiIn, that he lnight confer with him, upon his " princely word of safety, and liberty to return." And when he excused himself likewise frorn that, his ma- jesty told hin1, " that as this act of his was unparal- " leled, so it would produce sonle notable effect; t11at " it was not possible for hirn to sit down by such an " indignity, but that he ,vould immediately proclaim " hiIn traitor, and proceed against him as such; that " this disobedience of his would probably bring Hlany " miseries upon the kingdonl, and much loss of blood; " all which Inight be prevented, if he performed the " duty of a subject; and therefore advised him to think " sadly of it, and to prevent the necessary gro,vth " of so many calamities, which nlust lie all upon " his conscience." The gentleman, with much distrac- tion in his looks, talked confusedly of " the trust he " had from the parliament ;" then fell on his knees, and wished, " that God would bring confusion upon " him, and his, if he were not a loyal and faithful " subject to his majesty;" but, in conclusion, plainly denied to suffer his majesty to come into the town. 'Vhereupon, the king caused him immediately to be proclaimed a traitor; which the other received ,vith some expressions of undutifulness and conten1pt. And so the king, after the duke of York, and the x prince elector, with their retinue, were come out of the x the] Not in lHS. VOL. II. C C BOOK v. 1642. 386 THE IllS TORY BOOK town, where they were kept some hours, was forced v. to retire that night to Beverly, four miles from that 1642. place; and y the next day returned to York, full of trouhle and indignation for the affront he had re- ceived; which he foresaw \vould produce a very great deal z of mischief. The king's The king sent an express to the t\VO houses with message to . the two a message, declarIng ,vhat had passed; and, " that houses con- . J h H h h d . . fi d h . d d . cerning "SIr 0 n ot aill a JUStl e IS treason an IS- Hull. "loyalty, by pretence of an order and trust from " them; "\v hich as he could not produce, so, his ma- "jesty was confident, they would not own; but " \vollld be highly sensible of the scandal he had laid " upon them, as \vell as of his disloyalty to his ma- "jesty. And therefore he emanded justice of them " against hin1, according to law." The houses had heard before of the king's going out of York thither, and \vere in terrible apprehension that he had pos- sessed himself of the town; and that sir John Ho- tham, (for they were not confident of him, as of a man of their o,vn faith,) by promises or menaces, had given up the place to him; and, with this apprehen- sion, they were exceedingly dejected: but when they heard the truth, and found that Hull was still in their hands, they were equally exalted, magnifying their trusty governor's faith, and fidelity against the king. In the mean time, the gentlemen of the north ex- pressed a Inarvellous sense and passion on his ma- jesty's behalf; and offered to raise the force of the county to take the town by force. But the king chose, for many reasons, to send again to the houses another message, in ,vhich he told them, Y and] and so Z a very great deal] a world OF THE REBELLION. 387 "That he was so much concerned in the undutiful BOOK " affront (and indignity all his good subjects must v... " disdain in his behalf ) he had received from sir John H .164 . IS maJes- " Hotham at Hull, that he was Ïtnpatient till he re- ty's second message to " ceived justice from them; and was cornpelled to the two · · fid houses con.. " call agaIn for an answer, beIng con ent, ho\vever cerning " they had been so careful, though without his con- Hull. " sent, to put a garrison into that his town, to secure " it and his magazine against any attempt of the pa " pists, that they never intended to dispose and n1ain- " tain it against him, their sovereign. Therefore he " required them forthwith (for the business would " admit no delay) to take a some speedy course, that " his said town and magazine might be immediately " delivered up unto him; and that such severe ex- . " emplary proceedings should be against those per- " sons, who had offered that insupportable affront " and injury to him, as by the law was provided; " and, till that should be done, he would intend no "business whatsoever, other than the business of "Ireland. For, he said, if he were brought into a " condition so much worse than any of his subjects, " that, whilst they all enjoyed their privileges, and " might not have their possessions disturbed, or their " titles questioned, he only might be spoiled, thrown " out of his towns, and his goods taken from him, it " ,vas time to exalnine how he had lost those privi- " leges; and to try all possible ways, by the help of " God, the law of the land, and the affection of his " good subjects, to recover them, and to vindicate " himself from those injuries; and, if he should mis- " carry therein, he should be the first prince of this a to tak ] ùlat. they took cc2 BOOK v. 1642. 388 THE HISTORY " kingdom, which b had done so, having no other " end but to defend the true protestant religion, the " law of the land, and the liberty of the subject; and "he desired God so to deal ,vith him, as he conti- " nued in those resolutions." Instead of any answer to his majesty upon these two messages, or sadly considering how this breach might be made up, they Ï1nmediately publish (toge- ther with a declaration of their former jealousies of the papists; of the malignant party; of the lord Digby's letter intercepted; of the earl of Newcastle's being sent thither, upon which they had first sent down a governor, and put a garrison into Hull) seve- ral votes and resolutions, by which they declared, " That sir John Hotham had done nothing but "in obedience to the conlnland of both houses of " parliament, and that the declaring of hÍ1n a traitor, " being a member of the house of COnl1110nS, was a "high breach of the privilege of parliament, and, " being \vithout due process of law, was against the " liberty of the subject, and against the law of the " land." And hearing at the saIne time, that a letter, COIn- ing from Hull to them the night after the king's being there, had been intercepted by some of his nla- jesty's servants, they declared, "that all such inter- "cepting of any letters sent to thein, was a high " breach of the privilege of parliament, which by the "laws of the kingdoln, and the protestation, they " ,vere bound to defend ,vith their lives, and their " fortunes, and to bring the violator thereof to con- "dign punishment." Then they ordered, that the b \VI ieh] th t OF THE REBELLION. 389 sheriffs and justices of the peace of the counties of BOO K York and Lincoln, and all others his majesty's of- v. ficers, should suppress all forces, that should be raised 1642. or gathered together in those counties, either to force the town of Hull, or stop the passages to and from the same, or in any other ,yay to disturb the peace of the kingdonl. All which votes, orders, and de- clarations, being printed, and diligently dispersed throughout the kingdom before any address made to his majesty in ans\ver of his messages, and coming to his view, the king published an answer to those votes and declarations, in which he said: " Since his gracious messages to. Loth houses of His majes- 1 . d d . . . .!' h h - h d ty's answer " par lament, elnan lng JustIce lor t e Ig an to the de- ." unheard of affront offered unto him at the g ates claration, , and votes " of Hull b y sir John Hotham was not thou g ht concerning , , Hull. " worthy of an answer; but that, instead thereof, " they had thought fit, by their printed votes, to " o,vn and avo,v that unparalleled act to be done in " obedience to the comlnand of both houses of par- " liament, (though at that time he could produce no " such comnland,) and, ,vith other resolutions against " his proceedings there, to publish a declaration con- " cerning that business, as an appeal to the people, " and as if their intercourse with his majesty, and " for his satisfaction, were now to no more purpose; " though he knew that course of theirs to be very " unsuitable c to the ßlodesty and duty of former " titHeS, and unwarrantable by any precedents, but " what thenlselves had made; yet, he was not un- " willing to join issue \vith them in that way, and to "let all the \vorld know, how necessary, just, and c unsuitaLle] unagreeable cc3 BOOK v. 1642. gOO THE HISTORY " lawful all his proceedings had been in that point, " and that the defence of those proceedings ,vas the " defence of the law of the land, of the liberty, and " property of the subject; and that by the same rule " of justice, which was now offered to him, all the " private interest and title of all his good subjects " to all their lands and goods was confounded and "destroyed. He remen1bered them, that Mr. Pym " had said in his speech against the earl of Strafford, " (which was published by order of the COlnmons' " house,) the law is the safeguard, the custody of all " private interest; your honours, your lives, your li- " berties, and estates are all in the keeping of the " law; without this every Illan hath a like right to " any thing. And he said, he would fain be an- " swered what title any subject of his kingdom had " to his house or land, that he had not to his town " of Hull? or what right any subject had to his " Illoney, plate, or jewels, that his luajesty had not " to his magazine and d 111unition there? If he had "ever such a title, he said he would know when " he lost it? And if that magazine and Inunition, " bought with his own money, were ever his, when " and how that property went out of him? He very " well kne,v the great and unlhnited power of a " parliament; but he knew as well, that it \\1"as only " in that sense, as he was a part of that parliament; " without him, and against his consent, the votes of "either or both houses together must not, could " not, should not (if he could help it, for his s1.1b- " jects' sake, as well as his own) forbid any thing " that was enjoined by the law, or enjoin any thing d and] or OF THE REBELLION. 391 " that was forbidden by the law. But in any such " alteration, which might be for the peace and hap- " piness of the kingdom, he had not, should not re- " fuse to consent. And he doubted not, but that all "his good subjects would easily discern, in what a " Iniserable insecurity and confusion they must ne- " cessarily and inevitably be, if descents might be " altered; purchases avoided; assurances and con- " veyances cancelled; the sovereign legal authority " despised, and resisted by votes, or orders of either " or both houses. And this, he said, he was sure, " was his case at Hull; and as it was his this. day, by " the same rule, it lllight be theirs to-morrow. " Against any desperate design of the papists, of " which they discoursed so much, he had sufficiently " expressed his zeal and intentions; and should be " as forward to adventure his own life and fortune, "to oppose any such designs, as the meanest sub- " ject in his kingdoms. e " For the 111alignant party, he said, as the law had " not, to hisf knowledge, defined their condition, so " neither house had presented them to his majesty, " under such a notion, as he n1ight well understand, " whom they intended; and he should therefore only " inquire after and avoid the malignant party, under "the character of persons disaffected to the peace "and government of the kingdom, and such \vho, " neglecting and despising the law of the land, had " given themselves other rules to walk by, and so dis- " pensed with their obedience to authority; of those " persons, as destructive to the commol1,vealth, he " should take all possible caution. kingdoms.] kingdom. cc4 f his] their BOOK v. 1642. BOOK v. 1642. S9 TIlE HISTORY " 'Vhy any letters intercepted from the lord Dig... " by, \vherein he luentioned a retreat to a place of "safety, should hinder him from visiting his own " fort, and ho\v he had opposed any \vays of accom- " modation with his parliament, and what ways and " overtures had been offered in any way, or like any "desire of such accomll1odation; or \vhether his " luessage of the twentieth of January last, so often "in vain pressed by hilu, had not sufficiently ex- " pressed his earnest desire of it, he said, all the " \vorld should judge; neither was it in the power " of any persons to incline him to take arms against " his parliament and his good subjects, and miser- " ably to embroil the kingdon1 in civil \vars. He "had given sufficient evidence to the \vorld how " much his affections abhorred, and how much his " heart did bleed at, the apprehension of a civil war. "And, he said, God and the world must judge, if " his care and industry were not g, only to defend " and protect the liberty of the subject, the law of ,,, the kingdom, his own just rights, (part of that "la\v,) and his honour, much 1110re precious than " his life: and if, in opposition to these, any civil " war should arise, upon whose account the blood, " and destruction that nlust follow, must be cast: " God, and his o,vn conscience, told hiln, that he \vas " clear. " For captain Leg's being sent heretofore to Hull, " or for the earl of Newcastle's being sent thither by " his warrant and authority, he said, he had asked a "question long ago, in his ans\ver to both houses " concerning the magazine at Hull, \v hich, he had g notl Not in lWS. OF THE REBELLION. 393 " cause to think, ,vas not easy to be answered; why " the general rumour of the design of papists, in the "northern parts, should not be thought sufficient " ground for his majesty to put h such a person of " honour, fortune, and unblemished reputation, as "the earl of Newcastle was kno\vn to be, into a "town and fort of his o\vn, where his own maga- "zine lay; and yet the same rUInour be \varrant "enough to commit the same town and fort, with- " out his consent, to the hands of sir John Hotham, " with such a pu\ver as was now too well kno,vn, and " understood? Ho,v his refusal to have that nlaga- " zine removed, upon the petition of both houses, " could give any advantage against him, to have it " taken from hÜn, and whether it was a refusal, all "men would easily understand, who read his an- " swer to that petition; to which it had not been " yet thought fit to nlake any reply. " For the condition of those persons, who pre- " sented the petition to hÜn at York (whom that "declaration called, some few ill-affected persons " about the city of York) to continue the magazine " at Hull; he said, he made no doubt, but that pe- " tition would appear to be attested, both in nUlnher " and weight, by persons of honour and integrity, " and much more conversant with the affections of " the whole country, than most of those petitions, "\vhich had been received with so much consent " and approbation. And for the i 11resulllption of in- " tcrposing their advice, his majesty the more won- " dered at that exception, when such encourage- " ment had becn given, and thanks declared to mul h put] put in i for the] for their BOOK v. 1642. BOOK v. 1642. 394 THE HISTORY " titudes of mean, unknown people, apprentices, and " porters, who had accompanied petitions of very " strange natures. " For the manner of his going to Hull, he said, " he had clearly set forth the saIne, in his lnessage to " both houses of that business; and for any intelli- " gence given to sir John Hothaul of an intention to " deprive hiln of his life, as he knew there was no " such intention in hÏ1n, having given him all possi- "ble assurance of the same, at his being there, so " he was confident, no such intelligence ,vas given, " or if it \vere, it was by some villain, who had no- " thing but malice or design to fright him from his " due obedience;k and sir John Hotham had all the " reason to assure himself, that his life \vould be in "much more danger by refusing to adlnit his king " into his own town and fort, than by yielding him "that obedience, which he o,ved by his oaths of "allegiance and suprenlacy, and the protestation, " which he knew was due and ,varrantable, by the " laws of the land. For the nUlnber of his attend- " ants, though that could be no warrant for such " a disobedience in a subject, he said, it was ,vell " known (as his majesty had expressed in his mes- " sage to both houses, to which credit ought to have " been given) that he offered to go into the to,vn " with twenty horse only, his ,vhole train being un- " armed; and ,vhosoever thought that too great an " attendance for his Inajesty and his t\\TO sons, had " sure an intention to bring hin1 to a lneaner retinue, " than they ,vould yet avo,v. " Here then, he said, was his case, of ,vhich all k obedience;] obedience, to warrant him; - OF THE REBELLION. 395 " the world should judge: his majesty endeavoured " to visit a town and fort of his own, wherein his " own magazine lay: a subject, in defiance of him, " shuts the gates against him; with armed men re- " sists, denies, and opposes his entrance; tells him, " in plain terms, he should not come in. He said, " he did not pretend to understand much law, yet, " in the point of treason, he had had much learning "taught him this parliament; and if the sense of " the statute of the 25th year of Edward III. chap. " 2. ,vere not very differing from the letter, sir John " Hotham's act was no less than plain high treason: " and he had been contemptibly stupid, if he had, " after all those circumstances of grace and favour " then shewed to him, made any scruple to proclaim "him traitor. And whether he were so, or no, if "he would render himself, his majesty would re- " quire no other trial, than that which the law had " appointed to every subject, and which he ,vas con- " fident he had not, in the least degree, violated in " those proceedings; no more than he had done the " privilege of parliament, by endeavouring, in a just " way, to challenge his own unquestionable pri vi- "leges. So that, 1 in such am case, the declaring " him traitor, being a Inember of the house of corn- " mons, without process of law, sbould be a breach " of privilege of parliament, (of which he was sure "none extended to treason, felony, or breach of " peace,) against the liberty of the subject, or against " the law of the land, he must have other reasons "than bare votes. He said,. he would know if sir "John Hothanl had, with the forces by which he I So that,] For that, 111 a] Not in .J.118. nOOK v. 1642. 396 THE HISTORY 1642. " kept him out of his to,vn of Hull, pursued him to "the gates of York, which he might as legally have " done, ,vhether his majesty must have staid from "declaring him traitor till process of la,v might "have issued against hinl? \V ould fears and jea- "lousies dispense with necessary and real forms? " And must his majesty, when actual war is levied " upon him, observe forms \vhich the la\v itself doth "not enjoin? The case, he said, was truly stated, " let all the world judge (unless the mere sitting of " a parliament did suspend all laws, and his majesty "was the only person in England against \vhom "treason could not be c0l11mitted) \vhere the fault " was; and whatsoever course he should be driven " to for the vindication of that his privilege, and for "the recovery and maintenance of his known un- " doubted rights, he doth promise, in the presence " of Almighty God, and as he hopes for his blessing " in his success, that he would, to the utInost of his " po\ver, n defend and maintain the true protestant " profession, the law of the land, the liberty of the " subject, and the just privilege and freedom of par- " liament. " For the order of assistance given to the com.. " mittees O of both houses, concerning their going to " Hull, he said, he should say no more, but that " those persons, nalned in that order, he presumed, " \vould give no cOlnnlands, or his good subjects " obey other, than \.vhat "'''ere \varranted by the law, " (how Jarge and unlimited soever P the directions " are, or the instructions Inight be,) for to that rule BOOK v. n his power,] his powers, o committees] comlnittee P and unlimited soever] Not in MS. OF THE REBELLION. 397 " he should apply his o,vn actions, and by it require " an account from other men; and that all his good " subjects might the better kno\v their duty in mat- "tel'S of this nature, he wished them carefully to "peruse the statute of the eleventh year of king " Henry VII. ch. 1. He said, he \vould conclude " with 1\11'. Pym's own words: If the prerogative of " the king over\vhelm the liberty of the people, it "will be turned to tyranny; if liberty undermine "the prerogative, it \vould grow into anarchy, and " so into confusion q." Besides their declaration, votes, and orders in the justification of sir John H othanl, for his better en- couragement, and for a ground of his son's residence at Hull, in whom they had in truth a firmer con- fidence than in the father, they ordered, "That if, " by any force or accident, sir John Hotham should " lose his life, or otherwise die in that service, that "his son should succeed him in the government;" and having thus declared thenlselves, they thought fit at last to send SOl11e particular ans\ver to the king upon that business; ,vhich they \vere the rather in- c1ined to do, that under that pretence they lllight send down a committee of their own to reside at York: whereby they might receive constant aninlad- versions of what happened, and what was designed, and their friends and dependents in that large, po- pulous, and rich county, be the better confirmed in their affections and devotions to them; and, to that purpose, they sent down the lord Howard of Es- crick, the lord Fairfax, sir Hugh Cholnlely, (a fast friend to sir John Hotham,) sir Philip Stapleton, q and o into confusion] Not in IJJS. BOOK v. ] 642. 398 THE HISTORY 1642. who had likewise married Hotham's daughter, and sir Harry Cholmely, who presented their an wer in writing to his majesty; the which, being of a lllouid unusual, and a dialect higher and roughel than even themselves had yet used, I have thought fit to insert in the same words it \vas delivered; thus: BOOK v. The most Rumble answer of the lor(/s un (I C01JUJlons in parliament to tUJO 1Jlessages front your sacred majesty concerning sir Joltn Hotlt(l1Jl,'S refil8al to give your 'lJzajest!l entrance into tlte town of Hull. The answer " Your majestyr may be pleased to understand, of the lords" h . 1 fi d . .1:' ld . and com- t at we, your great counCI, n Ing manilo eVl- : ;::;,:)iS " dences of the wicked counsels and practices of two mes- "some in near trust and authority about you, to sages con- .. . . cerning " put the kIngdom Into a combustIon, by drawIng Hull. .. I f I .c " your majesty Into paces 0 strengt 1, remote lrom "your parliament, and by exciting your people to " commotions, under pretence of serving your ma- " jesty against your parliament, lest this nlalignant " party, by the advantage of the town and Inagazine " at Hull,s should be enabled to go through with " their mi chievous intentions, did, in discharge of "the great trust that lies upon us, and by that " power ,yhich in cases of this nature resides in us, "command the town of Hull to be secured by a "garrison of the adjoining trained bands, t under "the government of sir John Hotham; requiring " him to keep the same for the service of your ma- c, jesty and the kingdom: wherein we have done r u Your majesty] This an- swer is in the handwriting of lord Clarendon's secrela1"Y. 8 at HuH,] of IIun, t trained bands,] trained band, OF THE REBELLION. S99 " nothing contrary to your royal sovereignty in that " town, or legal propriety in the magazine. "Upon consideration of sir John Hothaln's pro- "ceeding at your nlajesty's being there, we have " upon very good ground U adjudged, that he could " not discharge the trust, upon \vhich, nor make good " the end, for which he was placed in the guard of " that town and magazine, if he had let in your ma- " jesty with such counsellors and company as were x " then about you. " 'Vherefore, upon full resolution of both houses, " we have declared sir John Hotham to be clear " from that odious crime of treason; and have avow- " ed, that he hath therein done nothing but in obe- " dience to the cOlnmand of both houses of parlia- " ment; assuring ourselves, that, upon mature deli- " beration, your majesty will not interpret his obe- " dience to such authority to be an affront to your " majesty, or to be of that nature, as to require any " justice to be done upon him, or satisfaction to be " made to your majesty: but that you will see just " cause of joining with your parlianlent, in preserv- " ing and securing the peace of the kingdom; sup- " pressing this wicked and malignant party; who, "by false colours, and pretensions of maintaining " your majesty's prerogative against the parliament, " (wherein they fully agree ,vith the rebels in Y Ire- " land,) have been the causes of all our distempers " and dangers. " For prevention whereof ,ve know no better re- "medy, than settling the militia of the kingdom, " according to the hill, which we have sent your fila- u ground] grounds x were] was }' in] of BOOK v. 1642. BOOK v. 1642. His majes- ty's reply. 400 THE HISTORY " jesty, without any intention of deserting, or declin- " ing the validity, or observance of that ordinance, " which passed both houses, upon your majesty's for- " filer refusal: but ,ve still hold that ordinance to be "effectual by the laws of this kingdom. And we " shall be exceeding glad, if your nlajesty, by approv- " ing these our just, dutiful, and necessary proceed- " ings, shall be pleased to entertain such counsel, as " we assure ourselves, by God's blessing, will prove " very advantageous for the honour and greatness of " your majesty; the safety and peace of your people; " anlongst which we know none more likely to p1'o- "duce such good effects, than a declaration from "your majesty of your purpose to lay aside all "thoughts of going into Ireland, and to make a " speedy return into these parts, to be near your "parliament. "Thich, as it is our most humble de- " sire, and earnest petition, so shall it be seconded " with our most dutiful care for the safety of your "royal person, and constant prayers, that it may " prove honourable and successful, in the happiness " of your majesty, and all your kingdoms." To this answer, with all formality delivered to his majesty by the committee, the king returned a quick reply: " That he had been in good hope, that the reason, " why they had so long deferred their answer to his "messages concerning Hull, had been; that they " nlight the better have given hinl satisfaction there- " in, ,vhich no\v added the more to his Z astonish- " nlent, finding their ans\ver, after so long advisc- " ment, to he of that nature, ,vhich could not but to his] Not in 1"1S. OF THE REBELI-AION. 401 " rather increase than din1inish the present distrac- " tions, if constantly adhered to by the parliament. " He asked them, whether it was not too much, tbat " his town of Hull had a garrison put into it, to the " great charge of the country, and inconvenience to " the poor inhabitants, ,vithout his consent and ap- " probation, under colour at that tin1e of foreign in- " yasion, and apprehensions of the popish party; but " that now the reasons thereof should be enlarged ",vith a scandal to his n1ajesty, and his faithful " servants, only to bring in the n10re specious pre- " text for tIJe avowing sir John H othan1's insolence " and treason? - " I-Ie said, he had often heard of the great trust, " that, by the law of God and l11an, ,vas con1mitted " to the king for the defence and safety of his peo- " pie; but as yet he never understood, 'v hat trust or " power ,vas comn1itted to either or both houses of " parlial11ent, without the king; they being summon- " ed to counsel and advise the king. But by ,vhat "la,v or authority they possess then1selves of his " ll1ajesty's proper right and inheritance, he was con- " fident, that as they had not, so they could not " shew. He told them, that he had not hitherto " given the least interruption to public justice; but " they rather than suffer one of their n1elTIbers to "CODle so much as to a legal trial fl)I' tbe highest " crÌ111e, ,, ould 111ake use of an order of parlianlent " to countenance treason, by declaring hilU free froln " that guilt, ,vhich all former ages never accounted " other; and that without so lTIuch as inquiring the " opinion of the judges; for he \vas confident, they "would have mentioned their opinion, if they had " asked it. YOL. II. n d BOOK v. ] 642. BOuK V. ] 642. 40 'fHE HIS "ORY " Therefore he expected, that upon further and " better consideration of the great and necessary " consequence of the business of Hull, and seriously " ,veighing, how n1uch it did concern the peace and " quiet of the kingdom, they would, ,vithout further " instance fronl his luajesty, give hinl full and speedy " justice against sir John Hothaul. And he said, he " ,voldd leave all his good people to think, ,vhat hope " of jùstice there was left for thenl, when they re- " fused, or delayed, to give their own sovereign sa- "tisfaction. And, as he had already said, till that " should be done, he would intend no business ,vhat- " soever, other than that of Ireland. "And he said, he like,vise expected that they " ,vonld not put the 111ilitia in execution, until they " could she,v hitn by what la\v they had authority to " do the same, ,vithont his consent; or if they did, " he ,vas confident, that he should find much lllorc " obedience according to la\v, than they ,vould do " against la,v. And he should esteenI all those, ,vho " should obey then1 therein, to be disturbers of the " peace of the kingdoln; and ,vould, in due season, " call theln to a legal account for the saIne. " Concerning his return, he told then1, he never " heard that the slandering of a king's governlnent, " and his faithful servants, the refusing of hin1 jus- " tice, and in a case of treason, and the seeking to "take a\vay his undoubted and legal authority, un- " del' the pretence of l)utting the kingdo111 into a "posture of defence, ,,,ere arglunents to induce a " king to come near, or hearken to his parlianIcnt." The king despatched this ans\\-er the sooner, that the country might be freed froln the iInpression, the presence and activity of the con1111ittee Inadc in thel11: OF THE RERELI-4ION. Lt03 but when he delivered it to them, and required thenl to Inake all convenient haste with it to the houses, they told him, " they ,vould send it by an express, " but that themselves ,vere required and appointed " still to reside a at York." The king told theIn, " that he liked not b such supervisors near him, and " ,vished them to be very careful in their carriage; " that the country ,vas visibly then very well affect- " ed; and if he found any declension, he ,veIl knew " to 'VhOlll to impute it; and should be compelled " to proceed in another manner against theIn, than, 10' with reference to their persons," (for they \vere all then reputed lnoderate men, and had not been thought disaffected to the government of e church or state,) " he should be wining to do." They answered with a sullen confidence, " that they should demean thelll- " selves according to their instructions; and ,vould "perform the tnlst reposed i:1 them by the two " houses of parliainent." Yet such was the ticklish- ness of the king s condition, that, though it was most evident that their cOllling, and staying there, \vas to pervert and COITupt the loyalty and affections of those parts, and to infuse into them inclinations contrary to their allegiance, it ,vas not thought counsellable at that time, either to commit them to prison, or to expel thenl from that city, or to inhibit thenl the freedonl of his ol\t n court and presence; and so they continued for the space of abo\ye a 1110nth, in \,.. ork, even in defiance of the king. rl :t still to reside] to reside still b liked not] liked not to have C of] of the cI even in defiance of the king. ] llere follml.s in í 1,'. c. ([ long account çf the killg's de- mG1uling from the earls of Essex and Holland the badges of their 1"PSpN.tive ((ffircs, of which a statp- 1IlPllt from MS. R. i.ft !(i'l'en in nd2 BOOK v. 1642. 404 THE IllS TOn, y The n1ilitia "ras the arglunent, ,vhich they found Inade deepest impression in the people, being totally 16.12. ignorant ,,-hat it "ras, or \vhat the consequence of it might be; and so believing whatsoever th y told theln concerning it. And therefore they resolved to drive that nail hOIHe; and though, for ,vant of their imminent danger, and during the time of the king's treaty, and overture of a bill, they had forborne the execution of their ordinance; yet the frequent JTIUS- tel'S of volunteers without order, aln10st in all coun- tries, by the bare authority of their votes, gave thenl sufficient evidence how open the people were to their C0l11n1ands; at least, ho\v unprepared autholity was to resist and oppose then1: and therefore, after the king had displaced their t\VO C favourites, and refus- ed to pass the bill for the 111ilitia, and sir John Ro... than1 had refused to let the king C0111e into the town of I-Iull, and they had justified hin1 for so doing, they prepared a declaration concerning the ,"Thole state of the 111ilitia, as the resolution of the lords and C0I11- mons upon that Inatter; in ,vhich they said, Th.e decla- "That holding it necessary for the peace and ration of the .í' f h k " d I h . 1 ". h .í' two houses " salety 0 t e lng Oln, to sett e t e nll ItJa t ereOl, about the " th } . d ..í' th t . .) d d . militia, May ey la , lOr a purpose, prepal e an or lnance 5, 1642. "of parliament, and ,vith all hunlility had presented " the sanle to his lllajesty for his royal assent. 'Vho, " not,vithstanding the faithful advice of his parlia- " ]11ent, and the several reasons offered by thenl, of " the necessity thereof for the securing of his nlajes- " ty's person, and the peace and safety of his people, " did refuse to ghTe his consent; and thereupon they BOOK v. page 3 7-333, (if this vulume. The part not copiedfrom IJIS. C. is inserted in the .Appendix, Jl. t' two] Nut in lJtJ S. OF THE IlEBELLION. ..1.05 " ,vere necessitated. in discharge of the trust reposed " in thenl, as the representative body of the kingdoln, "to nlake an ordinance, by the authority of both " houses, to settle the Inilitia, ,varranted thereunto " by the fundamentalla,vs of the land: that his n1a- " jesty, taking notice thereof, did, by several nles- " sages, invite them to settle the same by act of par- " liament; affirming in his nlessage sent in ans\ver " to the petition of both houses, presented to his Ina- " jesty at York, l\1arch 26, that he al \vays thought " it necessary the sanle should be settled, and that " he never denied the thing, only denied the ,yay ; ., and for the Inatter of it, took exception f only to " the preface, as a thing not standing ,yjth his ho- " nour to consent to; and that himself ,vas excluded. " in the execution, and for a tinle unlilnited: ,vhere- "upon the lords and conlmons, being desirous to " give his majesty all satisfaction that Il1ight be, even " to the least tittle of fornl and circumstances, ,vhen g " his 1najesty had pleased to offer thenl a bill ready " dra,vn, had, for no other cause, than to lllanifest " their hearty affection to c0l11ply with his nlajesty's " desires, and obtain his consent, entertained the " saIne, in h the lnean ti 1He no ,yay declining their " ordinance; and, to express their earnest zeal to " correspond "rith his nlajesty's desires, i (in all things " that nlight consist ,vith the peace and safety of the " kingdoln, and the trust reposed in thenl,) did pass " that bill, and therein olnitted the preamble insert- "cd before the ordinance; limited the titHe to less " than t,,?O years; and confined the authority of the f except ion] exceptions g when] and when h in] and in i desires,] desire, DdS nOOK v. 16.12. 40G rHE HISTORY I ö42. " lieutenants to these three particulars; namely, re- " bellion, insurrection, and foreign invasion; and re- " turned the sanle to his Inajesty for his royal assent: " but all these expressions of affection and loyalty, " all those desires and earnest endeavours to cOlnply " with his majesty, had, to their great grief and SOl'... " ro\v, produced no better effects than an absolute " denial, even of that which his lnajesty, by his for- " mer messages, as they conceived, had prolnised: " the advice of evil and wicked councils receiving " still JTIore credit with him, than that of his great " council of parliament, in a matter of so high inl- " portance, that the safety of his kingdon1, and peace " of his people, depended upon it. " But now, ,vhat must be the exceptions to that " bill? Not any sure that were k to the ordinance; " for a care had been taken to give satisfaction in all " those particulars. Then the exception was, be- " cause that the disposing and execution thereof ,vas " referred to both houses of parliament, and his ma- " jesty excluded; and now that, by the bill, the PO\v- " er and execution ,vas ascertained, and reduced to "particulars, and the la\v of the realm made the "rule thereof, his majesty would not trust the per- "sons. The power was too great, too unlimited, to " trust then1 with. But \vhat Vias that po,ver? 'Vas " it any other, but, in express tern1s, to suppress rc- " bellion, insurrection, and foreign invasion? And " who ,vere those persons? 'Vere not they such as " were nominated by the great council of the king- " donl, and assented to by his Inajesty? And was it " too great a po'" cr.. to trust those persons \vith the BOOK v. k were] wa'" OF THE REBEI LION. 107 " suppression of rebellion, insurrection, and foreign " invasion? Surely, they said, the most wicked of " then} \vho advised his luajesty to that answer, " could not suggest, but that it was necessary for "the safety of his lllajesty's royal person, and the " peace of the kingdoln, such a po\ver should be put "in some hands; and there ,vas no pretence for " exception to the persons. They said, his lnajesty " had, for the space of above fifteen years together, " not thought a power, far exceeding that, to be too " great to intrust particular persons with, to whose " will the lives and liberties of his people, by martial " la\vs, were made subject; for such was the po\ver " given I lord lieutenants, and deputy lieutenants, in " every county of this kingdolll, and that without " the consent of the people, or authority of law. nut " now in case of extreme necessity, upon the advice " of both houses of parlian1ent, for no longer space " than t\VO years, a lesser power, and that for the " safety of king and people, ,vas thought too great " to trust particular persons with, though nall1ed by " Loth houses of parlianlent, and approved by his " l11ajcsty hiulself: and surely, if there \vere a neces- " sity to settle the 111ilitia, (\vhich his nlajesty ,vas " pleased to confess,) the persons could not be iu- " trusted \vith less po\ver than that, to have it at " all tn effectual. And the precedell ts of former ages, "when there happened a necessity to raise such a " po\ver, never straitened that po\ver to a narro,ver " C0111paSS; witness the conlmissions of array in se- " veral kings' reigns, and often issued out by the " consent and authority of parlialTIcnt. I gi\'t n] gircn to m at aU] Nut in iUS. D d 4 BOOK v. ] 642. 408 'rHE HIS"rORY ) G42. "The lords and COllU11ons therefore, intrusted " ,vith the safety of the kingdom, and peace of the "people, (,vhich, they called God to \vitness, ,vas " their only ain1,) finding themselves denied those "their so necessary and just den1ands, and that " they could never be discharged before God or " Illan, if they should suffer the safety of the king- " dOln, and peace of the people, to be exposed to " the malice of the Inalignant party at home, or the " fury of enemies frolll abroad: and knowing no " other ,vay to encounter the ÏInlllinent and ap- " proaching danger, but by putting the people into " a fit posture of defence, did resolve to put their " said ordinance in present execution; and did re- "quire all persons in authority, by virtue of the " said ordinance, fortlnvith to put the san1e in exe- " cution, and all others to obey it, according to the " fundanlental laws of the kingdon1 in such cases, " as they tendered the upholding of the true pro- " testant religion, the safety of his Inajcsty's person, " and his royal posterity, the peace of the kingdon1, " and the being of this conlnlOn\vealth." 1 his de- claration (being in ans\ver to a Inessage fron1 his lllajesty) ,vas printed, and, ,vith the usual care and dexterity, dispersed throughout the kingdolll, ,vith- out so Inuch as sending it to the king; and, there- upon, \varrants and directions issued into all parts.. for the exercising the militia. This being the first declaration they had in plain terms published against the king, ,,-ithout ever cOlnn1unicating it, or presenting it to hinl, as they had done all the rest, his majesty \vas the Inore troubled how to take notice of it; but conceiving it necessary to Rpply some antidote to this poison, the ]J 00 K v. OF THE !tEBELIÃION. 409 violent operation whereof he had reason to appre- BOOK hend, he published a declaration by way of answer v. to that declaration, in which he said, 1642. "'fhat 11e very \veIl understood, how much it The king's " b I h h . h d I d . · ( h . decJaration \VaS e ow t e 19 an roya 19n1ty \v ere In in answer "God had P laced him ) to take notice of. much to .the fore- , gomg de- "lllore to trouble hiInself \vith ans\vering, those claration. " many scandalous, seditious pamphlets, and printed " papers, \vhich were scattered, with such great li- " cence, throughout the kingdom, (not\vithstanding "his Dlajesty's earnest desire, so often in vain "pressed, for a reforlllation,) though he found it " evident, that the lllinds of lllany of his weak sub- "jects had been, and still were, poisoned by those " means; and that so general a terror had possessed " the lninds and hearts of all men, that whilst the "presses s\varmed \vith n, and every day produced, " new tracts against the established govern ment of "the church and state, most Inen wanted the cou- " rage, or the conscience, to \vrite, or the opportu- " nity and encouragenlent to publish, such composed, "sober aninlad versions, as might either preserve " the minds of his good subjects froln such infec- "tion, or restore and recover them, w hen they "\verc so infected: but, his nlajesty said, he was "contented to let hinlself fall to any office, that "might undeceive his people, and to take lllorc "pains that \vay by his own pen, than ever king " had done, \v hen he found any thing that seellled ., to carry the reputation and authority of either or ., both houses of parliament, and \vould not have "the san1e refuted, and 0 disputed by vulgar and n ,,'ith] Not ;n JIS. o and] or 410 'f II E If 1ST 0 It Y 1642. "C0111mOn pens, till he should be throughly in- " formed \vhether those acts had in truth that coun- " tenance and' \varrant they pretend: which regard " of his, his majesty doubted not but, in tÏ1ne, \vould " recover t11at due reverence (the absence '\vhereof " he had too lnnch reason to cOlnplain ofP) to his "person and his Inessages, which in all ages had "heen paid, and, no doubt, \vas due to the crown " of England. "He said, he had therefore taken notice of a "printed paper, entitled, a Declaration of both " Houses, in answer to his last lnessage concerning " the militia, published by comlnand; the which he "\vas un\villing to believe (both for the matter of " it, the expressions in it, and the manner of pub- " lishing it) could result fron1 the consent of both " houses; neither did his majesty kno\v by \vhat " lawful command, such uncolnely, irreverent lnen- " tion of hin1 could be published to the ,,"orld: and, " though declarations of that kind had of late, \vith "too much boldness, broken in upon his lnajesty " and the \vhole kingdoln, when one or both houses " had thought fit to comn1unicate their counsels and " resolutions to the people; yet, he said, he \vas un- " willing to believe, that such a declaration as that '" could be published in answer to his message, \vith- , out vouchsafing at least to send it to his I1lajesty "as their answer: their business, for \vhich they "\vere nlet by his \vrit and authority, being to "counsel him for the good of his people, not to "\vrite against hinl to his people; nor had any "consent of his majesty for their long continuing nOOK v. 1> of] Not in JIS. OF TIlE REBELLIO . 411 '10 together enabled thenl to do any thing, but what " they were first sUlnmoned by his writ to do. At "least he would believe, though Inisunderstanding " and jealousy (the justice of God, he said, \vould " overtake the fomenters of that jealousy, and the " prolnoters and cóntrivers of that misunderstand- " ing) nlìght produce, to say no worse, those very "untoward expressions, that if those houses had "contrived that declaration as an answer to his " message, they would have vouchsafed some an- " s\ver to the questions proposed in his, which, he "professed, did, and Inust evidently prevail over " his understanding; and, in their wisdom and gra- " vity, they ,vould have been sure to have stated " the Inatters of fact, as (at least to ordinary under- " standings) might be unquestionable; neither of " which was done by that declaration. " IIis majesty desired q to kno\v, why he was by " that act absolutely excluded from any po\ver or " authority in the execution of the n1ilitia: and, he " said, he must appeal to all the \vorld, whether "such an attelnpt were not a greater and juster " ground for fear and jealousy in hÏIn, than anyone " that was avowed for those destructive fears and " jealousies ,vhich were so publicly o\vned, ahnost, " to the ruin of the kingdoln. But his lnajesty had " been told, that he nlust not be jealous of his great " council of both houses of parliament. He said, he " was not, no l11oi'e than they were of his nlajesty, "their king; and hitherto they had not avowed " any jealousy of, or disaffection to, his person; but " inlputed all to his evil counsellors, to a 111alignant '1 c1c...iredJ had desired BOOK v. I G42. BOOK v. 1642. 412 'rHE HISTORY " party, that was not of their nlinds; so his nlajesty " did (and, he said, he did it fron1 his soul) profess " no jealousy of his parlial11ent, but of sonle turbu- " lent, seditious, and an1bitious natures; \vhich, be- " ing not so c1early discerned, 111ight have an influ- " ence even upon the actions of both houses: and " if that declaration had passed by that consent, " (\vhich he ,vas not ,villing to believe,) he said, it " ,vas not impossible, but that the apprehension of " such tUlnults, ,vhich had driven his majesty from " his city of London, for the safety of his person, " n1Ïght make such an impression upon other men, "not able to remove fronl the danger, to make " them consent, or not to own a dissent, in matters "not agreeable to their conscience or understand- " ing. " He said, he had mentioned, in that his ans,ver, " his dislike of putting their nalnes out of the bil1, " ,vholn before they recomlnended to his majesty, in " their pretended ordinance, and the leaving out, by " special provision, the present lord l11ayor of Lon- " don: to all which the declaration afforded no an- " swer; and therefore he could not suppose it "Tas " intended for an ans\ver to that his nlessage, ,vhich ",vhosoever 100ked upon, ,vould find to be in no "degree answered by that declaration; hut it in- "formed all his majesty's subjects, after the men- " tion with ,vhat hUl1lility the ordinance ,vas pre- "pared, and presented to his lnajesty, (a ll1atter " very evident in the petitions, and nlessages con- "cerning it,) and his refusal to gÍ\.e his consent, " not\vithstanding the several reasons offered, of the " necessity thereof for the securing of his person, " and the peace and safety of his people, (whether OF .rI-IE ItEBELLION. " any such reasons were given, the ,veight of them, " and whether they \vere not clearly and candidly " ans\vered by his majesty, the ,vorld ,vould easily " judge,) that they ,vere at last necessitated to " Inake an ordinance by authority of both houses, to " settle the lnilitia, warranted thereunto by the fun- "danlental la\vs of the land. But, his nlajesty " said, if that. declaration had indeed intended to " have answered him, it would have told his good " subjects what those fundamental laws of the land " were, and where to be found; and would, at least, " have mentioned one ordinance, from the first be- " ginning of parliaments to this present parlianlent, " \vhich endeavoured to inlpose any thing upon the " subject \vithout the king's consent; for of such, " he said, all the inquiry he could make could never "produce hinl one instance. And if there were " such a secret of the law, ,vhich had lain hid frolll " the beginning of the world to that time, and now " was discovered to take a\vay the just, legal power " of the king, he ,vished there ,vere not SOlne other "secret (to be discovered when they pleased) for " the ruin and destruction of the liberty of the sub- "ject. For, he said, there was no doubt if the "votes of both houses had any such authority to " make a new law, it had the sanle authority to re- "peal the old; and then, \vhat \vollld becolne of " the long established rights and liberties r of the "king and subject, and particularly of 1\1agna " Charta, \vould be easily discerned by the lTIOst 01"- " dinary understanding. " He said, it \vas true, that he had (out of tcn- T arHI libertií'sJ Not in :HS. 413 BOOK v. 1642. 414 THE I-IIS1.'ORY 1642. " derness of the constitution of the kingdoln, and " care of the law, which he \vas bound to defend, "and being most assured of the unjustifiableness " of the pretended ordinance) invited, and desired "both houses of parlialnent to settle whatsoever " should be fit of that nature by act of parliament. " But was he therefore obliged to pass \vhatsoe\rer " should be brought to him of that kind? He did " say in his ans\ver to the petition of both houses, " presented to him at York the 26th of March last, " (and he had said the same in other n1essages be- " fore,) that he al\vays thought it necessary that " the business of the militia should be settled, and "that he never denied the thing, only denied the " ,vay; and he said the saIne still; and that since "the l11any disputes and votes, upon lords lieute- " nants and their commissions, (which had not been " begun by his Inajesty, nor his father,) had so dis- "countenanced that authority, which for lTIany "years together ,vas happily S looked upon \yith "reverence and obedience by the people, his nla- " jesty did think it very necessary, that sonle \vhole- " SOllie la\v should be provided for that business; "hut he had declared in his ans\ver to the pre- " tended ordinance, that he expected, that that ne- " cessary po\ver should be first invested in his llla- " jesty, before he consented to transfer it to other " Inen; neither could it ever he Îlnagined that he ... \vould consent that a greater po\ver should he in " the hands of a subject, than he ,vas thought \vor- " thy to he trusted ,yith hiulself. And if it should " not be thought fit to 111akc a ne\v act or de lara- BOOK v. !: happily 1 Not in lJ1S. OF THE REBELLION. 415 "tion in the point of the militia, he doubted not 'II but he should be able to grant such comlnissions " as should very legally enahle those he trusted, to " do all offices for the peace and quiet of the king- " dom, if any disturbance should happen. " But it \vas said, he had been pleased to offer " them a bill ready dra\vn, and that they, to ex- " press their earnest zeal to correspond with his de- " sire, did pass that bill; and yet all that expres- "sion of affection and loyalty, all that earnest de- "sire of theirs to comply \vith his lTIajesty, pro- "duced no better effect than an absolute denial, " even of \vhat by his former 11lessages his majesty "had promised; and so that declaration, he said, " proceeded, under the pretence of nlentioning evil " and ,vicked councils, to censure and reproach his " Inajesty in a dialect, that, he ,vas confident, his "good subjects \vould read, on his behalf, \vith " 111uch indignation. But, his majesty said, sure if "that declaration had passed the examination of " both houses of parliament, they would never have " affirlned, that the bill he had refused to pass \vas " the saIne he had sent to them, or have thought " that his message, \vherein the difference and con- " trariety bet\veen the two bills \vas so particularly " set do\vl1, ,vould be answered \vith the bare aver- " ling them to be one and the same bill: nor,voldd " they have_ declared, when his exceptions to the " ordinance, and the bill, were so notoriously kno\vn "to an, that care being taken to give satisfaction " in all the particulars he had excepted against in " the ordinance, he had found new exceptions to " the bill; and yet that very declaration confessed, 10' that his exception to the ordinance \vas, that, in BOOK V. 1642. 416 THE IllS TORY ) 642. "the disposing and execution thereof, his majesty "\vas excluded: and ,vas not that an express rea- "son, in his an S"Ter, for his refusal of the bill; " which that declaration \vould needs confute? " But the po,ver \vas no other than to suppress " rebellion, insurrection, and foreign invasion; and " the persons trusted, no other than such as were "nominated by the great council of the kingdonl, " and assented to by his majesty: and they asked, " if that \vere too great a po\ver to trust those per- " sons with? Indeed, his Inajesty said, \vhilst so " great liberty \vas used in voting, and declaring "men to be enenlies to the cOlnn10nwealth, (a " phrase his nlajesty scarce understood,) and in cen- " suring men for their service, and attendance upon " his nlajesty's person, and in his la\vful cOllllnands, "great heed n1ust be taken into \vhat hands he "COlTIluitted such a po\ver to suppress insurrection " and rebellion; and if insurrection and rebellion "had found other definitions than \vhat the la\v " had given, his Inajesty nlust be sure, that no la\v- " ful po\ver should justify those definitions: and if " there \vere learning found out to Inake sir John " Hothaln's taking a1'n1S against hÏ1n, and keeping "his majesty's town and fort froln hÍln, to be no "treason or rebellion, he kne,v not \vhether a ne\v " discovery nlight not find it rebellion in his l11a- " jesty to defend himself fronl such a n1s, and to "endeavour to recover \vhat was so taken frol11 " hin1; and therefore, he said, it concerned hin1, till "the kno\vn laws of the land were allo,, cd to he "judge bet\veen thein, to take heed into \vhat " hands he committed such po\ver. " Besides, he asked, \" hether it could be thought, BOOK v. OF THE REBELLION. 417 " that because he was willing to trust certain per- " sons, that he was obliged to trust them in whatso- " ever they 'v ere ,villing to be trusted? He said, no "private hands were fit for such a trust; neither "had he departed from any thing, in the least de- " gree, he had offered or pronlised before; though " he might with as llluch reason have withdra\vn " his trust from SOl1le persons, ,vhom before he had "accepted, as they had done fronl others, whom " they had recolnnlended. For the po\ver \vhich he " was charged to have cOlllmitted to particular per- " sons, for the space of fifteen years, by his cOlnlnis- "sions of lieutenancy, it was notoriously kno\vn, " that it was not a po\ver created by his majesty, " but continued very many years, and in the most " happy tillles this kingdom had enjoyed, even those "of his renowned predecessors, queen Elizabeth, " and his father of happy memory; and whatever " authority had heen granted by those comnlissions, "which had been kept in the old forms, the san1e " \vas determinable at his majesty's pleasure; and " he knew not, that they produced any of those ca- " lamities, ,vhich might give his good subjects cause " to be so weary of them, as to run the hazard of "so much mischief, as that bill, which he had re- " fused, might possibly have produced. " For the precedents of forlner ages in the C0111- "lnissions of array, his majesty doubted not, but "when any such had issued out, that the king's " consent was always obtained, and the con1missions " determinable at his pleasure; and then \\'hat the " extent of power was, would be nothing applicable " to that case of the ordinance. " But whether that declaration had refuted his VOL. II. }: e BOOK v. 1642. BOOK v. 1642. 418 THE HISTORY " Dlajesty's reasons for his refusal to pass the bill, or " no, it resolved, and required all persons in author- " ity thereby to put the ordinance in present execu- " tion; and all others to obey it according to the "fundamental laws of the land. But, his nlajesty " said, he, wholn God had trusted to nlaintain and " defend those fundalnentalla,vs, \vhich, he hoped, " God \vould bless to secure him, did declare, that " there was no legal power in either, or both houses, "upon any pretence ,vhatsoever, without his Ina- " jesty's consent, to command any part of the nlilitia " of the kingdom; nor had the like ever been COlll- " Inanded by either, or both houses, since the first " foundation of the la,vs of the land; and that the " execution of, or the obedience to, that pretended "ordinance, was against the fundamental la,vs of " the land, against the liberty of the subject, and " the right of parliaments, and a high crime in any "that should execute the same: and his majesty " did therefore charge and command all his loving " subjects, of what degree or quality soever, upon " their allegiance, and as they tendered the peace " of the kingdom, frolll thenceforth not to muster, "levy, or array, or sunlmon, or "ram any of the " trained bands to rise, muster, or march, hy virtue, " or under colour, of that pretended ordinance: and " to that declaration and conl111and of his majesty's, "he said, he expected and required a full su bnlis- "sion and obedience from all his loving suhjects, " upon their allegiance, as they ,,-ouid answer the " contrary at their perils, and as they tendered the " upholding of the true protestant religion, the safe- " ty of his person, and his royal posterity, the peace, , and being of the kingdolll." OF THE REBELLION. 419 Notwithstanding these sharp declarations, (infal- lible symptoms of sharper actions,) which were with equal diligence dispersed by either side an10ng t the people, save that the agents for the parliament took as much care to suppress the king's, as to publish their own, whereas the king's desire was that t.hey might be both impartially read and examined, and to that purpose always caused those frolll the par- liament to be printed ,vith his own, they had the po,ver and skill to persuade men, who, but by that persuasion, could not have been seduced, and with- out seducing of WhOlll they could have nlade but u a very sorry progress in nlischief, "that all ,vould be " well; that they were well assured that the king " would, in the end, yield to what they desired; at " least, that they should prevail for a good part, if "not for all, and that there should be no war:" though themselves well knew, that the fire was too much kindled to be extinguished without a flame, and made preparations accordingly. For the rais- ing and procuring of n10ney (besides the vast sums collected and contributed for Ireland, which they disbursed very leisurely, the supplies for that king- dom, notwithstanding the iOlportunity and com- plaint from thence, being not despatched thither, both in quantity and quality, with that expedition as was pretended) they sent out very strict warrants for the gathering all those SUIUS of n10ney, ,vhich had been granted by any Lills of subsidy, or poll- bill; in the collection of all \vhich there had been great negligence, probably that they might have it the more at their o\vn disposal in their need; by t among] amongst U but] Not in JJ18. Ee2 BOOK v. I G42. 4QO 'r II E I-IISTOR Y ] 642. ,vhich they no,v recovered great sums into their hands. For the raising of men, (though it was not yet time for theln to avo\v the raising an arll1y,)!be- sides the disposing the ,vhole kingdom to subject themselves to their ordinance of the l11ilitia, and, by that, list.ing in all places cOl1lpanies of volunteers, ,vho ,vould be ready ,,-hen they ,vere x called, they l1lade Inore haste than they had done in. the levies of lnen, both horse and foot, for the relief of Ire- land, under officers chosen or approved by them- selves; and proposed the raising ofY an arnlY apart, of six or eight thousand, under the comnland of the lord 'Vharton, (a man very fast to them,) for l\lun- ster, under the style of the adventurers' army, and to have no dependence upon, nor be z subject to, the lord lieutenant of Ireland, but only t.o receive orders froBl the t\VO houses, and fronl a conllnittee to be appointed by them, which should be ahvays with that army: but the king, easily discerning the consequence of that design, refused to grant such a commission as they desired; so that they v{ere forced to be content, only with the advantage of ne,v exclamations against the king, "for hindering " the supplies for Ireland," upon the occasion of his denial of that unreasonable conlluission, and to pro- ceed in their levies the ordinary ,vay; ,vhich they did ,vith great expedition. To COnfirl1l and encou- rage the factious and schislnatical party of the king- dOln, \vhich thought th.e pace to,vards the reforma- tion was not brisk and furious enough, and ,vas with great difficulty contained in so slow a In arch, they had, a little before, published a declaration: BOOK v. x were] Not in IJIS. Y of] Not in ftl$. :I nor be] or to be OF 'THE ItEBELLION. 45!1 "That they intended a due and necessary re- BOO h. "formation of the governnlent and liturgy of the v. " church, and to take away nothing in the one or ] 642. '" the other, but what should be evil, and justly of- ::s:;od(>_ "fensive or at least unnecessar y and burdensonle : claratio? , , concermng "and for the better effecting thereoL speedily to a reforma- , , tion of the " have consultation ,vith godly and learned divines: liturgy. " and, because that ,vould never of itself attain the " end sought therein, they would therefore use their " utlnost endeavours to establish learned and preach- " ing ministers, with a good and sufficient mainte- "nance throughout the whole kingdon1; "Therein " many dark corners were miserably destitute of the " means of salvation, and n1any poor Ininisters ,vant- " ed necessary provision." 'l'his declaration, printed, and appointed to be published by the sheriffs in their several counties, in all the luarket-towns within the kingdoln of Eng- land and dominion of 'Vales, ,vas not lnore intended to the heartening of those ,vho were impatient for a reformation, (who in truth had so implicit a faith in their leaders, that they expected another manner of reformation than was publicly promised,) than to the lulling those asleep, who begun a to be a\vake with the apprehension of that confus on, they apprehend- ed from the practice and licence, they saw practised against the received government, and doctrine of the church; and to be persuaded, that it was time to oppose that current. And in this project they \vere not disappointed: for though this warily worded de- claration was evidence enough to ,vise nlen, what they intended, and logically cOlnprehended, an al- a beguu] began Ee3 4 THE HISTORY 1642. teration as great as has been b since attcll1pted and made; yet to lazy and quiet men, who could not discern consequences, and \vere not ,villing to ante- date their miseries, by suspecting ,vorse was to con1e than they felt, or saw in their vie"., their fears were much abated, and the intentions of the parlialnent seemed not so bad as they had been told by some that they were: and as this very declaration of a due reformation to be made of the government of the church, and the liturgy, would, a year before, have given great umbrage and scandal to the peo- ple, when, generally, there was a due submission to the governlnent, and a singular reverence of the liturgy of the church of England; so now, ,vhen there ,vas a general fear and apprehension incul- cated into then1, of a purpose utterly to subvert the government, and utterly to abolish the liturgy, they thought the taking a,vay nothing in the one or the other, but ,vhat should be evil, and justly offensive, or, at least, unnecessary and burdenson1e, ,vas an easy composition; and so, by degrees, they suffered thell1selves to be still prevailed on towards ends they extren1ely abhorred; and ,vhat at first seemed pro- fane and hnpious to then1, in a little tinle appeared only inconvenient; and ,vhat, in the beginning, they thought matter of conscience and religion, shortly after they looked upon as sonlewhat rather to be ,vished than positively insisted on; and consequent- ly not to be laid in the balance ,,,ith the public peace, ,vhich they ,vould imagine to be endangered hy opposing the sense that then prevailed; and so, hy undervaluing many particulars, (\vhich they truly BOOK v. b as has heen] as hath been OF THE REBELLION. 4Q3 esteemed,) as rather to be consented to, than that BOO K the general should suffer, they brought, or suffered v. the public to be brought to all the sufferings it since 1642. underwent. And no"\v they she"\ved "\v hat consultation they The assem- . . . Lly of di- meant to have wIth godly and learned dIvInes, and ,.ines. what reformation they intended, by appointing the knights and burgesses to bring in the names of such divines for the several counties, as they thought fit to constitute an assembly for the framing a new model for the government of the church, "\vhich was done accordingly; those ,,,ho were true sons of the church, not so much as endeavouring the nomina- tion of sober and learned men, abhorring such a re- forn1ation, as begun with the invasion and suppres- sion of the church's rights in C a synod, as ,veIl known as Magna Charta: and if any well affected member, not enough considering the scandal and the consequence of that violation, did name an or- thodox and well reputed divine, to assist in that as- sembly, it was argument enough against hÍln, that he was nominated by a person in \VhOln they had no confidence; and they only had reputation enough to commend to this consultation, who \vere kno\vn to desire the utter delllolishing of the ,vhole faIn'ic of the church: so that of about one hundred and t\venty, of \vhich that assembly ,vas to consist, (though, by the recommendation of two or three melnbers of the COl1unons, who111 they "\vere not ,villing to displease, and by the authority of the lords, who added a SlllaU number to those nalned by the house of COl1UllOnS, a few very reverend and (" in] iu calling Ee4 BOOK V. 1642. 4 4 THE I-IIS rOR y ,vorthy men were inserted; yet of the ,vhole nun1- ber) they were not above t\venty, who ,vere not de- clared and avowed enen1ies to the doctrine or dis- cipline of the church of England; sOlne d of then} infan10us in their lives and conversations; and l110st of theln of very luean parts in learning, if not of scandalous ignorance; and of no other reputation, than of Inalice to the church of England; so that that con vention hath not since produced any thing, that n1ight not then reasonably have been expected froln it. But that \vhich gave greatest power and strength to their gro\ving faction, was the severity they used against all those, of ",-hat quality or degree soever, ,vho opposed their counsels and proceedings. If any lord, ,vho had any place of honour or trust from the king, concurred not ,vith them, they made an inqui- sition into the "Thole passages of his life; and if they could find no fault, or no folly (for any levity, or in- discretion, served for a charge) to reproach hi In ",-ith, it \\Tas enough, " that they could not confide in hin1 :" so they threatened the earl of Portland, ,vho \vith extraordinary vivacity crossed their consultations, " that they ,voldd reIl10ve hinI fronl his charge .and " government of the Isle of'Vight," (\vhich, at last, they did de facto, by cOlnmitting hiln to prison, without so much as assigning a cause,) and to that purpose ohjected all the acts of good fello\vship; all the \yaste of po\vder, and all the \vaste of ,vine, in the drinking of healths; and other acts of jollity, \vhel1ever he had been at his governlnellt, frolH the first hour of his entering upon it: so that the least d some] many O}1 'rHE REBELLION. 4 5 inconvenience a Dlan in their disfavour was to ex- pect, was to have his nan1e and reputation used, for two or three hours, in the house of commons, \vith what licence and virulency they pleased. None were persecuted with more rigour than the clergy; whereof \vhosoever publicly, or privately, censured their actions, or suspected their intentions, was either comn1itted to prison, or compelled to a chargeable and long attendance, as inconvenient as Ïlnprison- mente And this lneasure of proceeding was equally, if not with more animosity, applied to those, who, in Fortner times, had been looked upon by that party with most reverence. On the contrary, e whoever concurred, voted, and sided with them, in their ex- travagant conclusions, let the infan1Y of his forIner life, or present practice, be what it ,vould, his in- justice and oppression never so scandalous and noto- l-ious, he was received, countenanced, and protected, \vith Inarvellous demonstrations of affection: so that, between those that loved then1, and those that fear- ed then), those that did not love the church, and those that did not love some churchmen; those who111 the court had oppressed, and those who had helped the court to oppress others; those ,vho feared their power, and those who feared their justice; their party was gro\vn over the kingdom, but especially in the city, justly forn1Ïdable. In the lnean tilne, the king omitted no oppor- tunity to provide against the storin he sa\v was e On the contrary,] Thus ori- scripture, because the three last ginally in AIS. On the contrary v rses of the twelfth chapter of side, as the chul'ch of llome the 5econd book seem to justify receives anrl allows the books or cornmcnd the praying for the of the !\laccabecs tor canonical dead; so whoever concurred, BOOK v. 1642. BOOK v. 1642. 4 6 THE HISTORY coming; and, though he might not yet own the ap- prehension of that danger he I-eally found himself in, he neglected not the provision of what he thought Inost necessary for his defence; he caused all his declarations, messages, and ans,vers, to be industli- ously cOlnmunicated throughout his dOlninions; of which he found good effects; and, by their recep- tion, discovered that the people universally were not so irrecoverably poisoned, as he before had cause to fear: he caused private intimations to be given, and insinuations to be made to the gentry, " that their "presence would be acceptable to him;" and to those, who came to him, he used much gracious freedom, and expressed all possible demonstrations, that he was glad of their attendance: so that, in a short time, the resort to York was very great; and, at least, a good face of a court there. Beyond the seas, the queen was as intent to do her part; and to provide that so good company, as she heard was daily gathered together about the king, should not be dissolved for want of weapons to defend one another: and therefoI-e, with as nluch secrecy as could be used in those cases, and in those places where she had so Hlany spies upon her, she caused, by the sale or pa\vning of her o\vn, and sonle of the crown jewels, a good quantity of }Jo\vder and arn1S to he in a readiness in HolJand, against the tinle that it should be found necessary to transport it to his 111ajesty: so that both sides, \vhilst they en- tertained each other \vith discourses of peace, (\vhich always carried a sharpness \vith then1, that \vhetted their appetite to \var,) provided for that war, \vhich they saw would not be prevented. Hitherto the greatest acts of hostility, saving that OF THE REBELLION. 4 7 at Hull, were performed by votes and orders; for there was yet no visible, formal execution of the or- dinance for the militia, in anyone county of Eng- land: for the appearance of volunteers in SOll1e fac- tious corporations was f rather countenanced than positively directed and enjoined by the houses; and most places pretended an authority, granted by the king in the chart rs, by which those corporations were erected, or constituted: but no\v they thought it time to satisfy the king, and the people, that they were in earnest, (who were hardly perðuaded, that they had in truth the courage to execute their own ordinance,) and resolved, "that, on the tenth of "May, they would have all the trained hands of " London mustered in the fields, where that exer- " cise usually was performed;" and accordingly, on that day, their own new officer, sergeant-major-gene- ral Skippon, appeared in Finsbury fields, with all the trained bands of London, consisting of above eight thousand soldiers, disposed into six regiments, and under such captains and colonels, as they had cause to confide in. At this first tritunphant 111uster, the melnbers of both houses appeared in gross, there being a tent purposely set up for theIn, and an en- tertainment at the charge of the city to the value of near a thousand pounds; all men presluning that this exanlple of London, \vith such cerelnony and soleillnity, \vould be easily follo\ved throughout the kingdo111; and lnany belieying they had Inade no small progress to\vards the end they aimed at, by having engaged the very body of the city in a guilt equal to their own: for though they had before suffi- f was] were BOOK v. 1642. ROOK v. J 642. 4 8 'rHE HI81."OR Y cient evidence of the inclinations of the lllean and comillon people to them, and reasonable assurance, that those in authority \vould hardly be able to con- tain them; yet, till this day, they had no instance of the concurrence of the city in an act expressly Ull- la\vful. But no\v they presumed all difficulties ,vere over; and so sent their directions to the counties adjacent, speedily to execl!te the same ordinance: and appointed all the magazines of the several coun- ties of England and 'Vales, to such custody, as their lord lieutenants, or their deputy lieutenants, should appoint; and that not only the counties should in crease those magazines to what proportion soever they thought convenient, but that any private per... sons, that were ,veIl affected, should supply them- selves with what arn1S and anlnlunition they pleased. By \vhich means, besides the king's magazines, all which were in their possession, they caused great quantities of all sorts of arlTIS to be provided, and disposed to such places and persons, as they thought fittest to be trusted; especially in those factious cor... porations, which had listed nlost volunteers for their . serVIce. The king no\v sa\v the stornl c0111ing apace upon him; that (notwithstanding his proclanlation g pub- lished against the ordinance of the 111ilitia, in which lIe set down the laws and statutes, \vhich \vere in... fringed thereby, and by \\'"hich the execution of that ordinance would he no less than high treason) the votes and declaration of both houses, "that those " proclan1ations \vere illegal, and that those acts of " parlialnent could not control the acts and orders g proclamation] proclaluations OF 'l'HE REBELLION. 4 9 " of both houses, (which the subjects were, by the " fundalnental la,vs of the kingdom, to obey,)" pre- vailed so far, that obedience was given to them; that he was so far from being like to have Hull restored to hÎlll, that the garrison there daily increased, and forced the country to submit to such cOlnlnands as 11 they pleased to lay on then1; and that sir John Ho- tharn was III ore likely to be able to take iT ork, than his majesty to recover Hull; he thought it, there- fore, high time, by their exalnple, to put hinlself into a posture of defence; the danger being much more imlninent to his majesty, than to those who had begot that ordinance. Hereupon, at a public llleeting of the country, his majesty declared, "that " he was resolved, in regard of the public distempers, " and the neigh bourhood of Hull, to have a guard " for his person; but of such persons, and ,vith such " circul11stances, as should administer no occasion of " jealousy to the most suspicious; and wished the " gentlemen of quality, ,vho attended, to consider, "and advise of the ,vay:" who shortly after (not- withstanding the opposition given by the comn1ittee, which still resided there; and the factious party of the county, ,vhich ,vas inflamed, and governed by them) expressed a great alacrity to comply with his Inajesty's desire, in whatsoever should be proposed to then1; and a sense, " that they thought a suffi- " cient guard was very necessary for the security of "his majesty's person." Hereupon, the king ap- pointed such gentlemen as were willing to list them- selves into a troop of horse, and D1ade the prince of "\tV ales their captain; and made choice of one regi- BOOK V. ] 642. h as J 1'.lot in 1'118. BOOK v. 1642. 430 THE HISTORY nlent of the trained bands, consisting of about six hundred, whom he caused, every Saturday, to he paid at his own charge; when he had little more in his coffers than would defray the weekly expense of his table: and this troop, with this regiment, was the guard of his person; it being first declared by his n1ajesty, "that no person should be suffered, " either in the troop, or the regiment, \vho did not, "before bis admission into the service, take the " oaths of allegiance and suprelnacy;" that so he l11ight be free from the scandal of entertaining pa- pists for his security. But this caution would not serve; the fears and jealousies \vere capable of no other ren1edies, than such as ,vere prescribed by those physicians, \vho were practised in the disease. As soon as the in- telligence was arrived at London, that the king ac- tually had a guard, (though the circumstances were as ,veIl known that were used in the raising it,) both houses published these three votes, and dispersed them : 1. " That it appeared, that the king, seduced by " wicked counsel, intended to lnake war against the " parliament; who, in all their consultations and ac- " tions, had proposed no other end unto then1selves, " but the care of his kingdoms, and the perforln- " ance of all duty and loyalty to his person. 2. " That ,vhensoever the king n1aketh war upon "the parliament, it is a breach of the trust reposed "in hin1 by his people; contrary to his oath; and 4í' tending to the dissolution of the government. 3. " That ,vhosoever should serve him, or assist " hin1 in such 'val'S, are traitors by the fundalncntal " laws of the kingdo111; and have been so adjudged OF TH REBELLION. 431 " by t\VO acts of parliament, 2 Rich. II. and 1 Hen. BOOK " IV. and ought to suffer as traitors." , v. These lusty votes they sent to the king to York, 1642. together with a short petition, in which they told him, " That his loyal subjects, the lords and commons The two 1 · . - d . d h bl h . houses pe- " In parhan1ent, I urn y represent unto IS ma- titioll the " jesty, that not\vithstanding his frequent profes- : 1 his " sions to his parliament and the kingdonl, that his b l\ O" I uards, ay 23, " desire and intention was only the preserving the 1642. " true protestant profession, the la\vs of the land, "the liberty of his people, and the peace of the " kingdom; nevertheless, they perceived \vith great " grie by his speech of the t\velfth of l\lay, and "the paper printed in his majesty's name, in the "forn1 of a proclamation, bearing date the four- " teenth of l\1ay, and other evidences, that, under " colour of raising a guard to secure his person, of " which guard (considering the fidelity and care of " his parliament) there could be no use, his majesty " did command troops, both of horse and foot, to "assemble at York; the very beginnings \vhereof " '\vere apprehended by the inhabitants of that coun- " ty to be an affrightment and disturbance of his "liege people, as appeared by their petition pre- " sented to him; the continuing and increasing of "which forces was to his parlialnent, and must " needs be, a just cause of great jealousy, and dan- " gel" to his whole kingdom. " Therefore they did humbly beseech his majesty " to disband all such forces, as, by his con1mand, "were assen1hled, and relying for his security (as " his predecessors had done) upon the laws, and af- "fections of his people, he would be pleased to de- 43 THE HIS'rOR Y BOO K "sist from any further designs of that nature, con- v. " tenting hiInself ,vith his usual and ordinary guards; 16/12. "other\vise, they should hold themselves bound in " duty to"rards God, and the trust reposed in then1 " by the people, and the fundalnentalla,vs and con- "stitutions of the kingdol1\, to employ their care " and utmost po\ver to secure the parliament, and " to preserve the peace and quiet of the kingdom." To this petition, delivered publicly, and read with an equal confidence, by their liegeI' comlnittee, his majesty ans\vered, His majes- " That he could not but extrel11ely wonder, that ty's answer. ' "the causeless jealousies concerning his Inajesty, " raised and fomented by a malignant party in the "kingdou1, ,vhich desired nothing nlore than to " snatch to then1selves particular advantages out of " a general con1bustion, (\vhich Ineans of advantage " should never be i ministered to them by his fault, " 01- seeking,) should not be only able k to seduce a " weak party in the kingdom, hut seem to find so " Hluch countenance even frou1 both houses, as that "his raising of a guard, without further design " than for the safety of his person, an action so le- " gal, in a manner so peaceable, upon causes so evi- "dent and necessary, should not only be looked " upon, and petitioned against by then1, as a cause " of jealousy; but declared to be raising of a war " against them, contrary to his former professions of " his care of religion and la\v: and he no less \von- " dered, that that action of his should be said to " be apprehended by the inhabitants of that county, " as an affrightment and disturbance to his people, i should never be] \Vas never Ie be only able] only be able OF THE REBELLION. " having been as \vell received there, as it was every " where to be justified; and (he spake of the gene- " ral, not of a fe\v seduced particulars) assisted and " sped IJY that county "rith that loyal affection and " alacrity, as \vas a most excellent exanlple, set to " the rest of the kingdoIn, of their care of his safety " upon all occasions; and should never be forgotten "by hiIn, nor, he hoped, by his posterity; but h should be ever paid to them, in that, which is the " proper expression of a prince's gratitude, a per-:- " petual, vigilant care to govern then1 justly, and to "preserve the only rule, by which they can be so " governed, the law of the land: and, he said, he " was confident, that if they were thenlselves eye- " witnesses, they would so see the contrary, as to "give little present thanks, and, hereafter, little " credit to their informers; and, if th y had no Let- " tel' information and intelligence of the inclinations " and affections of the rest of the kingdoln, certainly " the minds of his people (\v hich to sonle ends and "purposes they did represent) were but ill repre- " ented unto them. " He asked theIn, \vhen they had so 11lany lllontlls " together not contented thenlselves to rely for sc- " curity, as their predecessors had done, upon the " affection of the peop e, bu t by their own single " authority had raised to thenlselves a guard, (and " that sOlnetinles of no ordinary nU111ÙerS, and in no " ordinary \vay,) and yet all those pikes and pro- " testations, that arlny, on one side, and that navy, "on the other, had not persuaded his 111ajesty to " comJnand thelll 1 to disùand their forces, and to I to commanù them] l'rot in i IS. YOLo II. F f 433 BOOK v. 1642. BOOK v. 1642. 434 THE HISTORY , content themselves with their ordinary, that was, " no guard; or work in him an opinion, that they " appeared to levy war against hÏ1n, or had any fur- " ther design; bow it was possible, that the sanle " persons should be so apt to suspect and condeilln " his majesty, who had been so unapt, in the same " matter, upon lTIuch more ground, to tax or snS- " })ect them? This, he said, \vas his case, not\vith- " standing the care and fidelity of his parliament: " his fort was kept by arlned men against him; his " proper goods first detained from him, and then, " contrary to his comnland, by strong hand offered "to be carried a\vay; in \vhich, at once, all his " property as a private person, all his authority as a " king, was \vrested frOlTI hilTI: and yet for him to " secure himself in a legal way, that sir John Ho- " tham might not by the same forces, or by more, " raised by pretence of the saIne authority, (for he " daily raised some, and it \vas no new thing for " him to pretend orders, \vhich he could not she,v,) " continue the war that he had levied against his " majesty; and as ,yell inlprisoil his person, as de- "tain his goods; and as \Ven shut hin} up in York, "as shut him out of Hull; " as no,v said to be. " esteemed a cause of great jealousy to the parlia- " TIlent, a raising a m war against theIn, and of dan- "gel' to the ,vhole kingdo111: \vhi]st these injus- " tices, and indignities offered to hin}, \vere counte... "nanced by them, \vho ought to be most for\vard " in his vindication, and their yunishulent, in obser- "vation of their oaths, and trust reposed in theln " by the people, and to avoid the dissolution of the m a] Not in MS. OF THE REBELLION. 435 " present government. Upon which case, he said, " the whole world was to judge, whether his ma- " jesty had not reason, not \vholly to rely upon the "care and fidelity of his parlian1ent, being so " strangely blinded by lllalignant spirits, as not to " perceive his injuries; but to take some care of his " o"\vn person, and, in order to that, to make use of " that authority, which the laws declared to be in "his majesty: and, whether that petition, with " such a threatening conclusion, accompanied with " more threatening votes, gave him not cause, ra- "ther to increase, than to diminish his guards; " especially, since he had seen, before the petition, a " printed paper, dated the seventeenth of May, un- " derwritten by the clerk of the house of comillons, " cOlllmanding, in the nal11e of both lords and COlll- "mons, the sheriffs of all counties to raise the " po,ver of all those counties, to suppress such of I " his subjects, as, by any of his majesty's commands, " should be drawn together, and put (as that paper " called it) in a posture of ,val'; charging all his " lnajesty's officers and subjects to assist thell1 in it, " at their perils. For though, he said, he could not " suspect, that that paper, - or any bare votes, not " grounded upon law or reason, or quotations of re- h pealed statutes, as those were of the 2 Rich. II. " and 1 Hen. IV. should have any ill influence upon " his good people, who knew their duties too ,veIl " not to know, that to take up arn1S against those, " ,vho, upon a legal command of his majesty, Canlf-' " together to a Inost legal end, (that was, his ll13- " jesty's security and preservation,) were n to levy 1\ were] \Vas Ff2 BOOK v. ] 642. 436 THE IIISTORY 1642. " war against his majesty; yet, if that paper were " really the act of both houses, he could not but " look upon it as the highest of scorns and indigni- " ties; first, to issue out 0 commands of force against " him; and, after those had appeared useless, to " offer, by petition, to persuade him to that, which " that force should have effected. " He said, he concluded his ans,ver to their peti- " tion with his counsel to them, that they would " join ,vith him in exacting satisfaction for that un- " paralleled, and yet unpunished, action of sir John " Hotham; and that they would command his fort " and goods to be returned to his own hands: that " they would lay down all pretences (under pre- "tence of necessity, or declaring what is law) to "make laws without his majesty, and, by conse- "quence, but a cipher of his lTIajesty: that they " would declare effectually against tumults, and call "in such pamphlets, (punishing the authors and "publishers of them,) as seditiously endeavour to " disable his majesty from protecting his people, by " weakening, by false aspersions, and ne,v false doc- " trines, his authority with them, and their confi- "dence in him: the particulars of which tumults " and palnphlets, he said, he \vould long since have " taken care his learned council should have been " enabled to give in evidence, if, uIJon his former " offer, his majesty had received any return of en- "couragen1ent from them in it: and, he said, if " they did that, they would then, and hardly till " then, persuade the world, that they had discharged " their duty to God, the trust reposed in them by BOOK v. o out] Not in !tIS. OF TIlE REBELLION. 437 " the people, and the fundamental ]a,vs and consti- "tutions of the kingdom; and employed their care, " and utl110st power, to secure the parlian1ent, (for, " he said, he was still a part of the parliament, and " should be, till this well-telnpered monarchy was " turned to a democracy,) and to preserve the peace " and quiet of the kingdonl; ,vhich, together ,vith " the defence of the protestant religion, the laws of " the land, and his own just prerogative, (as a part " of, and a defence to, those la \vs,) had been the " main end, which, in his consultations and actions, " he had proposed to himself." I t will be wondered at hereafter, that in a judg- ing and discerning state, where men had, or seemed to have, their faculties of reason and understanding at the height; in a kingdom then unapt, and gene- rally uninclined to war, (how wantonly soever it hath since seemed to throwaway its peace,) those TIlen, who had the skill and cunning, out of froward and peevish humours and indispositions, to com- pound fears and jealousies, and to animate and in- flanle those fears and jealousies into the lllost pro- digious and the boldest rebellion, that any age or country ever brought forth; who very well saw and felt, that the king had not only, to a degree, ,vound himself out of that labyrinth, in "rhich, four months before, they had involved hinl, with their privileges, fears, and jealousies; hut had even so well informed the people, that they begun p to question both their logic and their law, and to suspect and censure the improvement and gradation of their fears, and the P begun] began F f8 BOOK v. 1642. 438 rrHE HISTORY 1642. extent and latitude of their privileges; and that they \vere not only denied by the king, what they required, but that the king's reasons of his denial made very 111any conclude the unreasonableness of their demands: I say, it may seem strange, that these men could entertain the hope and confidence to obtrude such a declaration and vote upon the people, "that the king did intend to make war " against the parliament;" when they were so far from apprehending, that he ,,,ould be able to get an army to disturb them, that they were most assured, he would not be able to get bread to sustain himself three ll10nths, without submitting all his counsels to their conduct and control; and that the offering to Îll1pose it did not awaken the people to an indigna- tion, \vhich might have confounded thelll: 1 for, be- sides their presuillption in endeavouring to search ,,-hat the scripture itself told then1 was unsearch- able, the heart of the king; the very law of the land, whose defence they pretended, 111akes no con- clusion of the intention of the meanest subject, in a ßlatter of the highest and tenderest consideration, even treason itself against the life of the king, with- out some overt, unlawful act, from \vhence, and other circumstances, the ill intention may be rea- sonably Inade appear; and therefore, to declare that the king intended to make war against his parlia- ment, when he had neither ship, harbour, arl11S, nor q money, and kne\v not how to get any of then1, rand \vhen he offered to grant any thing to them, \vhich they could pretend a justifiable I'eason BOOK v. q nor] or r any of them,] either, OF THE REBELLION. 439 for asking, ,vas an undertaking of tbat nature, that even the ahnightiness of a parliament might have despaired to succeed in. But, notwithstanding all this, they very well knew what they did, and understood what infinite advan- tage that vote ,vould (as it did) bring to then1; and that a natural way ,vould never bring them to their unnatural end. The power and reputation of par", lianlent, they believed, would inlplicitIy prevail over luany; and anlaze and terrify others frolll disputing or censuring ,vhat they did, and upon what grounds they did it. The difficulty ,vas, to procure the judg- nlent of parlian1ent; and to incline those different constitutions, and different affections, to such a con- currence, as the judgment n1ight not be discredited, by the nunlber of the mssenters; nor wounded, or prej udged, by the reasons and arguments given against it: and then, their judgments of the cure being to be grounded upon the nature and informa- tion of the disease, it was necessary to confine and contract their fancies and opinions ,vithin some . bounds and limits: the mystery of rebellion chal- lenging the same encouragement with other sci- ences, to grow by; that there may be certain postu lata, SOine principles and foundations, upon which the n1ain building may subsist. So, in the case of the militia, an imminent danger must be first sup posed, by which the kingdom is in apparent hazard,.s and then the king's refusal to apply any remedy against that danger, before the two houses would pretend to the po\ver of disposing that militia; it being too ridiculous to have pretended the natural 8 in apparent bazard,] in an apparent danger, Ff4 BOOK v. 1642. 44.0 THE HISTORY ] G42. and ordinary jurisdiction over it: but, in case of danger, and danger so imminent, that the usual re- course \vould not serve the turn, and for the saving of a kingdom, \vhich Blust other,,-ise be lost, Inany good lnen thought it "''"as reasonable to apply a very extraordinary prevention, \vithout ilnagining such a supposition luight possibly engage them in any ac- tion, contrary to their o\vn inclinations; and, \vith- out doubt, very many, who frankly voted that im- nlinent necessity, were induced to it, as an argu- nlent, that the king should be therefore ilnportuned to consent to the settlement; \vhich would not have appeared so necessary a request, if the occasion had not been inlportant; never suspecting, that it would have been Ï111proved into t an argulnent to them, to adventure the doing it ,vithout the king's consent. And it is not here unseasonable, (how nlerry soever it may SeelTI to be,) as an instance of the incogi- tancy and inadvertency of those kind of yotes and transactions, to remeluber, that the first resolution of the po\ver of the lllilitia being grounded upon a supposition of an imn1Ïnent necessity, the ordinance first sent up from the C0111mOnS to the lords, for the execution of the militia, expressed an e1Jlillcllt ne- cessity; \vhereupon, some lords, \vho understood the difference of the \vords, and that an eUlinent necessity might be supplied by the ordinary provi- sion, which, possibly, an iJJI1JliJlcllf necessity might not safely attend, desired a conference "Tith the conl1nons for the alneudment; \vhich, I relnemLer, ,vas at last, \vith great difficulty, consented to: many (\vho, I presume, are not yet gro\vn up to BOOK v. t have been improved into] have proved OF THE REBELLION. 441 conceive the difference) supposing it an unnecessary contention for a ,vord, and so yielding to them, for saving of time, rather than dispute U a thing which to theln seen1ed of no great moment. U They, who contrived this scene, never doubted hut, x after a resolution what ,vas to he done upon a supposed Y necessity, they should easily, when they found it convenient, n1ake that necessity real. It was no hard matter to make the fearful, apprehen- sive of dangers; and the jealous, of designs; and they ,vanted not evidence of all kinds; of z letters from abroad, and discoveries at hOlne, to Inake tbose apprehensions forrnidable enough; and then, though, before the resolution, there was a great latitude in law and reason, what was la\vfully to be done, they had now forejudged thelnselves, and resolved of the proper remedy, except they would argue against the evidence; which usually would have been to ., discountenance or undervalue some person of nota- ble reputation, or his correspondence; and always to have opposed that that was of such an allay, as, in truth, did operate upon the major part. So, in the case upon which we now discourse, if they had, in the most advantageous article of their fury, pro- fessed the raising an army against the king, there was yet that reverence to majesty, and that spirit of subjection and allegiance in n10st lnen, that they ,vould have looked upon it \vith opposition and hor- ror: but defensive arlns " ere more plausihle divi- nity, and if the king should commit such an outrage, as to levy \var against his parlialnent, to destroy the u displ1te-mOlnent.] for the n10ment of the thing. x but,] that, Y supposed] supposititious z of] Not in JJIS. BOOK v. 1642. BOOK v. 1642. 44 THE HISTORY religion, laws, and liberty of the kingdom, good lllen were persuaded, that such a resistance Inight be made, as might preserve the whole; and he that would have argued against this thesis, besides the impertinency of arguing against a supposition, that \vas not like to he real, and in \vhich the corrupt consideration of safety seetHed to bribe most men, could never escape the censure of promoting ty- ranny and lawless dominion. Then to incline Inen to concur in tþe declaration "of the king's inten- "tion to make war against the parliament," they were persuaded it nlight have a good, and a could have no ill effect: the remedies, that were to be ap- plied upon an actual levying of war, were not justi- fiable upon the intention; and the declaring this in- tention, and the dangers it carried \vith it to the king himself, and to all those \vho should assist hinl, \vould be a probable means of refornling such intention, and preventing the execution: inconveni- ence it could produce none, (for the disquieting or displeasing the king was not thought inconvenient,) if there were no progress in the supposed intention; if there were, it were fit the whole kingdol11 should stand upon its guard, and not be surprised to its confusion. By these false and fallacious mediums, the clear- ness of men's understandings \vere dazzled; and, upon the matter, all their opinions, and judgn1ents for the future, captivated and preengaged by their own votes and determinations. For, ho,v easy a matter is it b to n1ake it appear to that man, ,vho consented that the king intended to Inake ,val' 8 and] !{of ill MS. b is it] was it OF THE REBELLION. 443 against the parliament, that ,vhen he should do it, he had broken his oath, and dissolved his govern- lTIent; and, that whosoever should assist him were traitors; I say, how easy was it to persuade that D1an, that he ,vas obliged to defend the parlianlent; to endeavour to uphold that governlnent; and to resist those traitors? and, ,vhosoever considers tha.t the nature of n1en, especially of men in authority, is inclined rather to commit t,vo errors, than to re- tract one, will not marvel, that from this root of UTI- advisedness, so Inany and tall hranches of mischief have proceeded. And therefore it 'v ere to be wished, that those, ,vho have the honour to be trusted in IJublic consultations, ,vere endued ,vith so much na- turallogic, to discern the consequences of every pub- lic act and conclusion; and with so much conscience and courage, to watch the first impressions upon their c understanding and compliance: and that d , neither out of the impertinency of the thing, which lnen are all apt e to conclude out of iInpatiency of despatch; or out of stratagem to n1ake men odious, (as in this parliament lTIany forbore to oppose un- reasonable resolutions, out of an opinion, that they ,vould ll1ake the contrivers odious,) or upon any other (though seeming never so politic) considera- tions, they f consent notg to any propositions, by ,vhich truth or justice are invaded. I am h confi- dent, ,vith very good warrant, that ll1any men have, from their souls, abhorred every article of this re- bellion; and heartily deprecated the miseries and desolation ,ve have suffered by it, who have then1- nOOK v. 1642. c their] his ù that] Not in jJlS. e all apt] too apt f they] he g not] Not in RIS. h I am] And I aUI 444 'rHE HISTORY I 642. selves, with great alacrity and i industry, contributed to, if not ontrived, those very votes and conclu- sions, froin ,vhence the evils they abhor have most naturally and regularly flowed, and been deduced; and which they could not reasonably, upon their o\vn concessions, contradict and oppose. But to conclude, a Ulan shall not unprofitably spend his contemplation, that, upon this occasion, II considers the Inethod of God's justice, (a method terribly relnarkable in many passages, and upon many persons, which we shall be compelled to re- member in this discourse,) that the same principles, and the sanle application of those principles, should be used to the wresting all sovereign power from the cro\vn, \vhich the cro,vn had a little before Inade use of for the extending its authority and po,ver be- yond its bounds, to the prejudice of the just rights of the subject. A supposed necessity ,vas then thought ground enough to create a power, and a bare averment of that necessity, to beget a practice to impose what tax they thought convenient upon the subject, by writs of ship-money never before known; and a supposed necessity now, and a bare averment of that necessity, is as confidently, and more fatally, concluded a good ground to exclude the crown fron1 the use of any po\ver, by an ordinance never before heard of; and the saUle Inaxiul of salus jJo}Jllli S1l- prC1Jla lex, which had been used to the infringing the libertyk of the one, Inade use of for the destroy- ing the rights of the other: only that of the psahnist is yet inverted; for Inany of those, ,vho 'v ere the principal n1akers of the first pit, are so far from BOOK v. i and] and some k liberty] liberties OF THE REBELLION. 445 falling into it, that they have been toe chief est dig- gers of the second ditch, in which so Inany have been confounded. Though they had yet no real apprehension, that the king \vould be able, in the least degree, to raise a force against them, yet they were heartily enraged to find that he lived more like a king, than they wished he should; that there ,vas so great resort to hin1 from all parts; and that whereas, little more than two Inonths before, his own servants durst hardly avow the waiting on him, no\v the chief gentlemen of all counties travelled to him, to tender their service; which ÏInplied a disapprobation, at least, if not a contempt of the two houses' carriage I towards him. Therefore, to prevent this mischief, they easily found exception to, and inforn1ation against, some persons, who had resorted to York; ,vhom they sent the sergeant of the house of com- 1110ns to apprehend, and bring then1 before the house as delinquents, to answer such matters as should he objected against theIne In this nUlnLer there ,vas one Beck\vith, a gentlenlan of Yorkshire, ,vho, as sir John Hothalll had sent thenl word, had endea- voured to corrupt some officers of the garrison to deliver Hull up to the king; this they declared to he a very heinous crime, and little less than high treason; anù herefore concluded him a delinquent, and to be sent for to attend them: it was thought strangely ridiculous by standel's by, that sir John IIotham should be justified for keeping the to,vn against the king, and another gentlen1an be voted a BOOK v. 1642. I the two houses' carriage] their carriage BOOK v. I 642. 446 TI-IE I-IISTORY delinquent for designing to recover it to its alle- giance; and that they, who, hut fe,v days hefore, when the king had sent a " arrant to require ser- geant-n1ajor Skippon to attend his 111ajesty at York, resolved, and published their resolution III in print, (as they did all things, \\yhich they conceived Inight dÎ1ninish the reputation of the king, or his autho- rity,) "that such COl1lnland from his majesty \vas " against the law of the land, and the liberty of the " subject, and likewise (the person being employed " by thelll to attend their service) against the privi- " lege of parliament; and therefore, that their ser- " geant-major-general of the forces of London (that " "ras his styl ) should continue to attend the ser- " vice of both houses according to their foriner COln- " mands;" should expect that their warrant should be subn1itted to by those, who were ,vaiting on the king, "\\i-hose known legal authority, severed fronl any thing that might be understood to relate to the par- liament, or its privileges, they had so flatly contra- dicted and contelnned, that the saIne day on \vhich they redeemed their officer Skippon fronl his allcgi- ance, and duty of going to the king, being infornled, that the king had sent a \vrit to adjourn the term (1\lidsuinmer term) to York froln "T esbninster, ". hich, without all question, ,vas in his po,ver Ie... gaIly to do, n they declared, "that the king's re- " n10ving of the term to York from'Vestminster, " sitting the parlialnent, ,vas illegal;" and ordered, "that the lord keeper should not issue out any m resolution] resol ntions n which, without all question, was in his power legally to do,] which was as much in his power legally to do as to make a knight, OF THE REBELLION. 447 " writs, or seal any proclamation, to that purpose;" \vhich ,vas by hilll observed accordingly, notwith- standing the king's comnland for the adjournment. 'Vhen their officer came to York for the appre- hension of the delinquents, he found the san1e neg- lect there of the parliament, as was O found above of the king; and was so ill intreated by those, \vhom he looked upon as his prisoners, that, if the king's extraordinary provision had not been interposed, the lllessenger \vould scarce have returned to have re- ported ho\v uncurrent such warrants ,vere like to be in York, and how perilous such voyages n1ight prove to the adventurers: but ho,v an1azed or surprised soever they seemed to be with this new contradic- tion, it was no more than they looked for; for their dilemlna ,vas, if their messenger returned with his prize, all the resort to, and all the glory of York was determined; for no ll1an would repair thither, from whence the bare voting him a delinquent would re- n10ve him with those other inconvenient circum- tances of censure and Ï1nprisonlnent: if he return- ed neglected and affronted, as they presulTIed he \vould, they had a ne,v reproach for the king, " of " protecting delinquents against the justice of par- " liament;" \vhich \vould be a new breach of their privileges, as heinous and unpopular, as had yet heen ll1ade, and for the vindication \\; hereof their protes- tation ,vould no less oblige them, than it had done on the behalf of the five Inembers. And such votes they passed upon the return of their officer; and had in readiness prepared t\VO volu111inous declara- tions to the people, ,vhich they published about the BOOK v. 1642. o as was] as he 448 THE HISTORY BOOK same time;p the one q filled ,,,ith all the reiterated v. complaints, and envenon1ed repetitions, of what had 1642. been done, or been thought to have heen done amiss in the ,vhole reign of the king, to render his person odious, or unacceptahle ; the other r undervaluing his royal po,ver, and declaring against it, to Blake h s authority despised, at least not feared. The first ,vas of the nineteenth of May, in which they declared, The decla- " That the infinite n1crcy and providence of the ration or remon- " Abnighty God had been abundantly lnanifested, strance of the lords "since the beginning of this parliament, in great and com- . f . d bl . h b h mons, 1\Iay " varIety 0 protectIons an essings ; ,v ere y e 19,1642. "had not only delivered them from many ,vicked " plots and designs, which, if they had taken effect, " would have brought ruin and destruction upon the " kingdom; but, out of those attenlpts, had pro- " duced divers evident and remarkable advantages, " to the furtherance of those services, 'v hich they "had been desirous to perforn1 to their sovereign " lord the king, and to the church and state, in pro- " viding for the public peace, and prosperity of his " lnajesty, and all his realnls; ,vhich, in the pre- " sence of the same all-seeing Deity, they protested " to have been, and still to be, the only end of all " their counsels and endeavours; ,\-rherein they had " resolved to continue freed and enlarged froIll all "private ain1s, personal respects, or passions what- " soever. " In ,vhich resolution, they said, they" ere no- " thing discouraged, although the heads of the 11la.. " lignant party disappointed of their prey, the rcli- P the same time;] a time; q the one] in the one r the other] in the other by OF THE REBELLION. 449 " gion and liberty of the kingdoln, which they were " ready to eize upon and devour before the begin- " ning of this parlialnent, had still persisted, by new "practices, both of force and subtilty, to recover " the saine again; for which purpose they had n1ade " several attempts for bringing up the army; they " after\vards projected the false accusation of the " lord Kiu1bolton, and the five melnbers of the house " of commons, which being in itself of an odious na- " ture, they had yet so far prevailed \vith his ma- " jesty, as to procure him to take it upon hinlself; " but \vhen the unchangeable duty and faithfulness " of the parlialnent could not be ,vrought upon, by " such a fact as that, to \vithdraw any part of their "reverence and obedience from his In ajesty, they " had, with much art and industry, advised his lna- " jesty to suffer divers unjust scandals and iU1puta- "tions upon the parlian1ent, to be published in his " nan1e, 'v hereby they might l11ake it odious to the "people, and, by tl1eir help, destroyS that, which "hitherto had been the only nleans of their own " preservation. " For this purpose, they had dra\vn his Inajesty " into the northern parts far froln the parlialnent; " that so false rUlllours lnight have time to get cre- " dit, and the just defences of the parlian1ent find a "lllore tedious, difficult, and disad\Tantageous ac- " cess, after those false in1putations and slanders had " heen first rooted in the apprehension of his Ina- " jesty and his suhjects ; which the 1110re speedily to " effect, they had caused a press to he transported " to York, from \vhence several papers and \vriting5 VO].. 11. 8 destroy] to destroy GO' t:) BOOK v. 1642. BOOK v. 1642. 450 rrHE I-IISTOR Y " of that kind \vere conveyed to all parts of the " kingdom, without the authority of the great seal, 'in an unusual and illegal manner, and without " the advice of his nlajesty's privy-council; fronl the " greater and better part whereof having "Tithdrawn " hinlself, as well as from his great council of par- "lialnent, he was thereby exposed to the ,,,icked " and unfaithful counsels of such, as had made the " \visdom and justice of the parlianlellt dangerous " to thenlselves; and that danger they laboured to " prevent by hiding their o\vn guilt under the nanIe " and shadow of the king; infusing into him their " own fears, and, as much as in then1 lay, aspersing "his rayal person and honour \vith their own in- " fanlY; from both \vhich it had always been as " lTIuch the care, as it was the duty of the parlia- " ment to preserve his majesty, and to fix the guilt " of all evil actions and counsels upon those who had " been the authors of theln. " Anlong t divers \vritings of that kind, they said, " they, the lords and commons in parliament, had " taken into their consideration t\VO Plinted papers; " the first containing a declaration, which they had " received from his nlajesty, in answer to that which " had been presented to his majesty from both houses "at N eWl11arket, the ninth of l\Iarch, 164 I ; the " other, his majesty's answer to the petition of both " houses, presented to his luajesty the twenty-sixth " of l\larch, 1642. Both ,\.hich were filled with "harsh censures, and causeless charges upon the " parlianlent; concerning ,vhich they held it neces- " sary to give satisfaction to the kin donl; seeing t .\m()n ] Amongst OF THE REBELLION. 451 " they found it very difficult to satisfy his majesty, " whom, to their great grief, they had found to be "so engaged to, and possessed by those misappre- " hensions, which evil counsellors have wrought in " him, that their n10st humble and faithful remon- " strances had rather irritated and en1bittered, than " any thing allayed, or mitigated, the sharp expres- " sions, \vhich his majesty had been pleased to make " in answer to them; for the manifestation whereot " and of their o\vn innocency, they desired that all " his Inajesty's loving subjects lllight take notice of " these particulars: " They kne\v no occasion given by theIn, which " might lTIOVe his majesty to tell them, that in their " declaration, presented at N ewmarket, there were " sonle expressions different frOin the usual language " to princes: neither did they tell his majesty, either " in words or in effect, that if he did not join with " thenl in an act, which he conceived Inight prove " prejudicial and dangerous to himself and the \vhole " kipgdom, they would make a law without hiIn, " and Ï111pose it upon the people. That which they " desired, they said, was, that, in regard of the im- " lninent danger of the kingdonl, the Inilitia, for the , security of his Inajesty and his people, nlight be " put under the cOlnmand of such noble and faith- " ful persons, as they had all cause to confide in: h and such \vas the necessity of this preservation, " that they declared, that, if his lnajesty should re- " fuse to join \vith theln therein, the t\VO houses of " parlialnent, being the supreme court, and highest "council of the kingdonl, were enabled, by their "o\vn authority, to provide for the repulsing of " such inlmin(1nt and evident danger, not hy any ( ' 0" C) - BOOK v. 1642. BOOK v. 1642. 4.5f! 1.'HE HISTORY " ne\v la\v of their o\vn ll1aking, as had been un- " truly suggested to his majesty, but by the lnost " ancient la\v of the kingdoln, even that ,, hich is " fundan1ental and essential to the constitution and " subsistence of it. "Although they never desired, they said, to en- , courage his majesty to such replies as Inight pro- " duce any contestation between him and his parlia- " ment, of \vhich they never found better effect, than " loss of time, and hinderance of the public affairs; " yet they had been far from telling hilTI of how " little value his words \vould be \vith then1, much " less \vhen they were accon1panied with actions of " love and justice. They said, he had more reason "to find fault with those wicked counsellors, who " had so often bereaved him of the honour, and his "people of the fruit of lTIany gracious speeches, " which he had nlade to them, such as those in the " end of the last parlian1ent; that, on u the \vOI'd of " a king, and as he was a gentleman, he would re- "dress the grievances of his people, as ,yell out of " parliament as in it. They asked, if the searching " the studies and chambers, yea, the pockets of some, " both of the nobility and conllTIons, the very next " day; the cOlTImitment of l\lr. Bellasis, sir John "Hothan1, and Mr. Crew; the continued oppres- " sions by ship-money, coat and conduct money; " \vith the Inanifold imprisonments, and other vex- " ations thereupon, and other ensuing violations of " the la\\rs and liberties of the kingdon1, (all which " ,vere the effects of evil counsel, and abundantly " declared in their ren10nstrauce of the state of thp it UB] in ()F THE REBELLION. 453 " kingdoln,) \vere X actions of love and justice, suit.. " able to such words as those? " As gracious was his majesty's sp.eech in the be- " ginning of this parliament; that he was resolved "to put himself freely and clearly upon the love " and affection of his English subjects. They asked " whether his causeless complaints and jealousies, " the unjust imputations so often cast upon his par- " Ii ament, his denial of their necessary defence by " the ordinance of the militia, his dangerous absent- " ing hin1self from his great council, like to produce " such a mischievous division in the kingdom, had " not been more suitable to other Inen's evil coun- " sels, than to his o\vn words? Neither, they said, " had his latter speeches been better used, and pre- " served by those evil and wicked counsellors. Could " any words be fuller of love and justice, than those " in his answer to the n1essage sent to the house of " commons, the thirty-first of December, 1641: 'Ve " do engage unto you solemnly the ,vord of a king, " that the security of all and everyone of you from "violence is, and ever shall be, as much our care, " as the preser\Tation of us, and our children? And "could any actions be fuller of inj ustice and vio- " lence, than that of the attorney general, in falsely " accusing the six n1elnbers of parlian1ent, and the " other proceedings thereupon, \vithin three or four " days after that lnessage? For the full vie\v \vhere- " of, they desired the declaration made of those pro- "ceedings might he perused; an d by those in- "stances (they could add many more) the \vorld " might judge \vho deserved to he taxed ,vith dis- BOOK v. 1642. x were] A'Út in JIJS. g3 BOOK v. 1642. 454 TI-IE IIIS1'ORY "valuing his majesty's words, they who had, as "much as in them lay, stained and sullied them " with such foul counsels; or the parliament, who " had ever manifested, with joy and delight, their "humble thankfulness for those gracious words, " and actions of love and justice, which had been " confornlable thereunto. "The king, they said, had been pleased to dis- " avo,v the having any such evil counselor coun- " senors, as 'v ere Inentioned in their declaration, to " his knowledge; and they held it their duty huin- " vly to avow there \vere such; or else they nlust " say, that all the ill things done of late in his ma- c, jesty's nanle had been done by himself; wherein "they should neither follow the direction of the " law, nor the affection of their o\vn hearts, which " was, as much as might be, to clear his lllajesty " from all imputation of misgovernment, and to lay " the fault upon his ministers. The false accusing " of six memhers of parliament; the justifying 1\1r. "Attorney, in that false accusation; the violent " cOIning to the house of COlumons; the denial of " the militia; the sharp messages to both houses, " contrary to the customs of former kings; the long " and rClTIote absence of his nlajesty from parlia- " TIlent; the heavy and wrongful taxes upon both " J.1ouses; the cherishing and countenancing a dis- "contented party in the kingdoln against them, " ,vere certainly the fruits of very evil counsels, apt " to put the kingdom into a combustion, to hinder "the supplies of Ireland, and to countenance the " proceedings and pret nsions of the rebels there: " and the authors of these evil counsels, they con- " ceived, nll1st needs he kno,vn to his nlajesty; and O}1"1 1. HE REBELLION. 455 " they hoped their labouring with his majesty, to" " have those discovered, and brought to a just cen- " sure, would not so much wound his honour in the "opinion of his good subjects, as his labouring to " preserve and conceal thenI. " And whereas his lllajesty had said, he could "wish that his own imlnediate actions, which he "avowed, and his own honour, might not be so " roughly censured under the Y common style of evil " counsellors; they said, that they could also heart- " ily wish that they had not cause to make that " style so comlllon; but how often and undutifully "soever those wicked counsellors should fix their " dishonour upon the king, by making his majesty "the author of those evil actions, which were the "effects of their own evil counsels, they, his ma- "jesty's loyal and dutiful subjects, could use no " other style, according to that luaxim of the law, " the king' C{Ot llo no wrong'; but if any ill were " committed in Inatter of state, the council; if in " Inatter of justice, the judges nIllst answer for it. " They said, they had laid no charge upon his " majesty, which should put him upon that apology, " concerning his faithful and jealous affection of the " protestant profession: neither did his luajesty en- " deavour to clear those in greatest authority about " hinl, by ,vhom they had said that design had been " potently carried on for divers years; and they I'a- " ther wished that the mercies of heaven, than the " judglnents, nIight be Inanifested upon them; but " that there had been such, there ,vere Z such plen- "tiful and frequent evidences, that they believed BOOK v. 1642. the] that z were] had been G g .t BOOK v. 1642. 456 THE HISTORY " there ,vas none, either protestant or papist, who " had had any reasonable view of the passages of "latter tÏ1nes, but, either in fear or hope, did ex- " pect a sudden issue of that design. " They said, they had no ,vay transgressed against " the Act of Oblivion, by relnenlbering the intended " ,val" against Scotland, as a branch of that design "to alter religion by those wicked counsels, from "which God did then deliver thenl, which they " ought never to forget. " That the rebellion in Ireland was framed and "cherished by the popish and malignant party in " England, was not only affirnled by the rebels, but, " they said, might be cleared by many other proofs: " the saIne rebellious principles of pretended reli- " gion, the saIne politic ends were apparent in both, "and their malicious designs and practices ,vere " masked and disguised with the same false colour " of their earnest zeal to vindicate his nlajesty's " l)rerogative, fron1 the supposed oppression of the "parlianlent. Ho'v nluch those treacherous prc- " tences had been countenanced, by SOlne evil COUll- " cil about his Inajesty, might appear in this, that "the proclalnation, ,vhereby they \vere declared " traitors, \\Tas so long ,vithheld, as to the second of " January, though the rebellion broke a forth in Oc- " tober before, and then no Inore than forty copies " appointed to be printed; \\Tith a special cOlnnland " froln his Inajesty not to exceed that nU111bcr; and "that none of them should be published, till his " majesty's pleasure ,vas further signified, as by the " warrant appears, a true copy \vhereof was annexed d broke] brake OF THE REBELLION. 457 " to this declaration; so that a few only could take " notice of it; which was made more observable, by "the late contrary proceedings against the Scots, " who were in a very quick and sharp manner pro- " claimed; and those proclamations forthwith dis- "persed, ,vith as much diligence as might be, "throughout all the kingdom, and ordered to be "read in all churches, accompanied with public " prayers and execrations. Another evidence of fa- "vour and countenance to the rebels in some of " power about his majesty, was this, that they had " put forth, in his majesty's name, a causeless COlll- "plaint against the parliament, \vhich speaks the " same language of the parlialnent which the rebels " do, thereby to raise a belief in men's Ininds, that "his l11ajesty's affections were alienated, as well as " his person was renloved, fron1 that his great coun- "cil. All \vhich, they said, did exceedingly retard "the supplies of Ireland, and l110re advance the "proceedings of the rebels, than any jealousy or "misapprehension begotten in his subjects, by the " declaration of the rebels, injunction of Rosetti, or " inforlnation of Tristram 'Vhetcomb; so that, con- "sidering the present state and temper of both " kingdoms, his royal presence was far more neces- " sary here, than it could be in Ireland, for redemp- " tion or protection of his subjects there. "And ,vhether there ",-ere cause Ofb his ma- " jesty's great indignation, for being reproached to " have intended force or threatening to the parJia- " ment, they desired them to consider who should BOOK v. 1642. Þ of] for BOOK v. 1642. 458 'l"HE HISTORY "read their declaration, in which there was no " word tending to any such reproach; and certain- " Iy, they said, they had been more tender of his "majesty's honour in that point, than he, whoso- "ever he was, that did write that declaration; " where, in his majesty's nal11e, he did call God to " witness, he never had any such thought, or knew " of any such resolution of bringing up the army; "which truly, they said, ,vould seem strange to " those, wlÌ9 shouid read the deposition of Mr. 00- " ring, the c information of Mr. Percy, and divers " other examinations of Mr. Wilmot, Mr. Pollard, " and others; the other examination of captain Leg, " sir Jacob Ashley, and sir John Conyers; and con- "sider the condition and nature of the petition, U which was sent unto sir Jacob Ashley, under the " approbation of C. R. which his majesty had now "ackno,vledged to be his own hand; and, being "full of scandal to the parlialnent, might have "proved dangerous to the ,vhole kingdoln, if the "army should have interposed bet\vixt the king " and them, as ,vas desired. " They did not affirn1 that his majesty's warrant " was granted for the passage of 1\11'. Jermyn, after " the desire of both houses for restraint of his ser- " vants; but only that he did pass over, after that "restraint, by virtue of such a ,varrant. They " knew the warrant bore date the day before their " desire; yet, they said, it seemed strange to those, " \vho knew how great respect and po,ver 1\11'. J er- " myn had in court, that he should begin his jour- (' the] let 01 in ]',18. OF THE REBELLION. 459 " ney in such haste, and in apparel so unfit for tra- " vel, as a black satin suit, and white boots, if his " going away was designed the day before. " The accusation of the lord KimbQlton, and the " five nlembers of the house of commons, was called " a breach of privilege; and truly so it was, and a " very high one, far above any satisfaction that had "been yet given: for, they asked, how it could be " said to be largely satisfied, so long as his nlajesty "laboured to preserve IVlr: Attorney from punish- " Inent, who was the visible actor in it? So long as " his nlajesty had not only justified him, but by his "letter declared, that it was his duty to accuse " them, and that he would have punished him, if "he had not done it? So long as those nlembers " had not the means of clearing their innocency, " and the authors of that malicious charge ,vel"e d "undiscovered, though both houses of parlÏanlent "had several times petitioned his nlajesty to dis- " cover thenl, and that, not only upon the e grounds " of con1nlon Justice, but by act of parliament, his " majesty ,vas bound to do it ? So long as the king "refused to pass a bill for their discharge, alleging " that the narrative in that hill ,vas against his ho- " nour; whereby he seemed still to avow the nlat- " tel" of that false and scandalous accusation, though " he deserted the prosecution, offering to pass a bill " for their acquittal; yet ,vith intimation that they "must desert the avo\ving their own innocency, " which would more wound them in honour, than " secure them in law? And in vindication of that " great privilege of parlianlent, they did not know BOOK v. 1642. d were] Not in .JU:S. l" the] Not in jl1S. 460 .rHE HISTORY BOOK "that they had invaded any privilege belonging to v. " his majesty, as had been alleged in that declara- 1642. "tion. " But, they said, they looked not upon that only "in the notion of a breach of privilege, ,vhich "lllight be, though the accusation were true or " false; but under the notion of a heinous crime in "the attorney, and all other subjects, who had a " hand in it; a crinle against the law of nature, "against the rules of justice; that innocent n1en "should be charged with so great an offence as " treason, in the face of the highest judicatory of "the kingdom, whereby their lives and estates, " their blood and honour, were endangered, ,vithout " witness,_ without evidence, ,vithout all possibility " of reparation in a legal course; yet a crinlc of " such a nature, that his n1ajesty's cOlllmand can no " more warrant, than it can any other act of injus- "tice. These things, which were evil in their own " nature, such as a false testimQJ1Y, or false accusa- " tion, could not be the subject of any cOlnnland, or " induce any obligation of obedience upon any luan, "by any authority ,vhatsoever: therefore the at- " torney, in that case, ,vas bound to have refused to "execute such a cOlumand, unless he had some " such f evidence or testiluony, as nlight have war- "ranted him against the parties, and he liable to " lllake satisfaction, if it should prove false; and it ",vas sufficiently known to every luan, and ad- " judged in parlialuent, that the king could be nci- " ther the relater, inforluer, or ,vitness. If it should " rest as it ,vas, ,,'ithout further satisfaction, no fu- t snch] Not in ;.U.'\. OF THE REBELLION. 461 " ture parliament could be safe, but that the mem- " bel's might be taken, and destroyed at pleasure; " yea the very principles of governn1ent and justice " would be in danger to be dissolved. " They said, they did not conceive, that numbers " did luake an asselnbly unlawful, but when either " the end, or manner of their carriage should be un- "lawful. Divers just occasions might draw the " citizens to 'Vestminster; ,vhere many public and " private petitions, and other causes, were depend- " ing in parlian1ent; and why that should be found " more faulty in the citizens, than the resort every " day in the terIn of great numbers to the ordinary " courts of justice, they knew not: that those citi- " zens were notoriously provoked, and assaulted at " Westminster by colonel Lunsford, captain Hyde, " and others, and by SOlne of the servants of the " archbishop of York, was sufficiently proved; and " that afterwards they were more violently wounded, "and 1110st barbarously lnangled with swords, by " the officers and soldiers near Whitehall, n1any of " them being without ,veapons, and giving no cause " of distaste, was likewise proved by several testi- " monies; but of any scandalous or seditious Inisde- "111eanOUrs of theirs, that n1ight give his Inajesty " good cause to suppose his o,vn person, or those of "his royal consort or children, to be in apparent " danger, they had no proof ever offered to either " house; and if there had been any complaint of " that kind, it ,vas no douLt the houses ,vould have " been as fOf\vard to join in an order, for the sup- "pressing of such tumults" as they were, not long " hefore, upon another occasion, \vhen they lnadc " au order to that purpose; ,vhereas those officers BOOK v. 1642. BOOK v. J 642. 46 THE I-IISTORY " and soldiers, which c01l1mitted that violence upon "so many of the citizens at '\Vhitehall, were che- "rished and fostered in his majesty's house; and " when, not long after, the COlunlon council of Lon- " don presented a petition to his majesty for repara- "tion of those injuries, his nlajesty's answer was, " without hearing the proof of the complaints, g that " if any citizen ,vere wounded, or ill entreated, his " nlajesty ,vas confidently assured, that it happened " by their own evil and corrupt denleanours. " They said, they hoped, it could not be thought " contrary to the duty and ,visdoln of a parlianlent, " if many concurling, and frequently reiterated and " renewed advertisements fronl Ron1e, Venice, Paris, " and other parts, if the solicitations h of the pope's " nuncio, and their own discontented fugitives, did " nlake them jealous and watchful for the safety of "the state: and they had been very careful to "make their expressions thereof so easy, and so "plain to the capacity and understanding of the " people, tbat nothing might justly stick \vith thenl, "with reflection upon the person of his Inajesty: " ,vherein they appealed to the judgment of any in- " different person, who should read and peruse their " own words. " They said, they must 111aintain the ground of " their fears to be of that mOluent, that they could "not discharge the trust and duty that lay upon " thenl, unless they did apply thenlselves to the use " of those llleans, to \vhich the law had enabled " then1 in cases of that nature, for the necessary de- "fence of the kingdolu; and as his majesty did g complaint!o;,] complainants, h so1icitations] solicitation OF THE REBELLION. 468 " graciously declare, that the law should be the BOO K "measure of his power; so did they most heartily v. " profess, that they should always make it the rule ) 642. " of their obedience. Then they observed, that there "were certain prudent omissions in his majesty's " answer; and said, that the next point of their de- " claration was, with much caution, artificially passed " over by hÏlu ,vho drew his majesty's answer; it "being indeed the foundation of all their misery, " and his majesty's trouble, that he ,vas pleased to " hear general taxes upon his parliament, without " any particular charge, to ,vhich they might give " satisfaction; and that he had often conceived dis- "pleasure against particular persons, upon misin- " formation; and aìthough those inforlTlations had "been clearly proved to be false, yet he would " never bring the accusers to question; which did " lay an impossibility upon honest men of clearing " themselves, and gave an encouragement to false " and unworthy persons to trouble him with untrue " and groundless informations. Three particulars " they had mentioned in their declaration, which "the penner of his majesty's answer i had good " cause to omit: the ,vords supposed to have been " spoken k at Kensington; the pretended articles " against the queen; and the groundless accusation " of the six members of I parliament; there being " nothing to be said in defence, or denial of any of " them. " Concerning his lnajesty's desire to join \vith his " parlian1ent, and ,vith his faithful subjects, in de- i answer] {leclaration k to have hepll spoken] to be spoken 1 of] of th(" BOOK v. 1642. 464 'l'HE HISTORY "fence of religion, and the m public good of the "kingdom, they said, they doubted not he would "do it fully, when evil counsellors should be re- " moved from about him; and until that should be, " as they had shewed before of words, so lnust they " also say of laws, that they could not secure them: " \vitness the Petition of Right, which had been foI- "lowed ,vith such an inundation of illegal taxes, " that they had just cause to think, that the pay- "ment of eight hundred and t,venty thousand " pounds, was an easy burden to the cOl1llnon,vealth '" in exchange of then1; and they could not hut , justly think, that if there were a continuance of "such ill counsellors, and favour to then1, they " would, by some wicked device or other, make the " bill for the triennial parliament, and those other " excellent laws ll1entioned in his majesty's declar- " ation, of less value than ,vords. That excellent " bill for the continuance of this parliament, they " said, was so necessary, that without it they could "not have raised so great SUIns of money for the "service of his Inajesty and the commonwealth, as " they had done, and \vithout ,vhich the ruin and "destruction of the kingdon1 must needs have fol- " lo,ved: and, they were resolved, the gracious fa- " vour of his 111ajesty, expressed in that hill, and the " advantage and security which thereby they had " from being dissolved, should not encourage them " to do any thing, \vhich other\yise had not been fit ,,' to have been done. And they ,vere ready to lnake " it good hefore all the world, that though n his Ina- " jesty had passed Inany bills very advantageous for m the] Not in J1JS. n tlaough] although OF r.l HE REBELLION. 465 " the subject, yet in none of them had they bereaved " his majesty of any just, necessary, or profitable " prerogative of the crown. "They said, they so earnestly desired his ma- "jesty's return to London, foro that upon it, they " conceived, depended the very safety and being of " both his kingdollls: and therefore they lnust pro- " test, that, as for the time past, neither the govern- "ment of London, nor any laws of the land, had " lost their life and force for his security, so for the " future they should be ready to do or say any thing, " that nlight stand with the duty or honour of a par- " lian1ent, \vhich Inight raise a mutual confidence " between his 111ajesty and them, as they did wish, " and as the affairs of the kingdom did require. " Thus far, they said, the answer to that, which " ,vas called his majesty's declaration, had led them. "No,v they caBle to that, ,vhich ,vas entitled his " majesty's ans\ver to the petition of both houses, "presented to him at York, the twenty-sixth of " l\larch, 1642. In the beginning whereof, his ma- " jesty wished, that their privileges on all parts were " so stated, that that ,yay of correspondency might "be preserved with that freedom, which had been " used of old. They said, they knew nothing intro- " duced by them, that gave any irnperurnent there- " unto; neither had they affirmed their privileges " to be broken, when his Inajesty denied then1 any " thing, or gave a reason why he could not grant it ; " or that those, who advised such denial, were ene- " mies to the peace of the kingdoln, and favourers " ofp the Irish rebellion; in which aspersion, that BOOK V. 1642. o for] Not ill 111S. YOL. II. It of] to HIt BOOK v. 1642. 466 THE HISTORY " was turned to a general assertion, q which, in their " votes, ,vas applied r to a particular case; wherefore " they ll1Ust maintain their votes, that to contradict s " that, which both houses, in the question concern- " ing the 111ilitia, had declared to be law, and com- " mand it should not be obeyed, is a high breach of " privilege, "and that those, who advised his luajesty " to absent hilnself from his parlianlent, were ene- " n1ies to the peace of the kingdon1, and justly to "be suspected to be favourers of the rebellion in " Ireland. The reasons of both were evident, be-. " cause in the first there was as great a derogation "from the trust and authority of parliament; and, " in the second, as much ad vantage to the proceed- "ings and hopes of the rebels, as might be; and " they held it a very causeless in1putation upon the "parliament, that they had therein any way in1- " peached, ll1uch less taken away the freedon1 of his " majesty's vote; which did not in1port a liberty in " his n1ajesty, to deny any thing how necessary so- " ever for the preservation of the kingdom, lnuch "less a licence to evil counsellors, to advise any " thing, though never so destructive to his lllajesty " and his people. " By the message of the t,ventieth of January, " his majesty had propounded to both houses of par- " liament, that they ,vould, ,vith all speed, fall into "a serious consideration of all those particulars "which they thought necessary, as ,veIl for the " upholding and maintaining of his majesty's just " and regal authority, and for the settling his rc- q assertion,] aspersion, who advised his majesty to con- r was applied] was turned tradict H that to contradict] that those OF THE REBELLION. 467 " venu as for the present and future establishing " their privileges; the free and quiet enjoying their " estates; the liberties of their persons; the secu- " rity of the true religion, professed in the church " of England; and the settling of ceren10nies, in "such a manner, as lnight take away all just of- " fence, and digest t it into one entire body. " To that point of upholding and n1aintaining his " royal authority, they said, nothing had been done " to the prejudice of it, that should require any new " provision: to the other of settling the revenue, the " parliament had no way abridged or disordered his " just revenue; but it was true, that n1uch waste and " confusion of his majesty's estate had been n1ade by "those evil and unfaithful ministers, whom he had " employed in the managing of it; whereby his own " ordinary expenses would have been disappointed, " and the safety of the kingdom more endangered, " if the parlianlent had not, in some measure, pro- " vided for his household, and for some of the forts, " more than they were bound to do; and they were " still willing to settle such a revenue upon his ma- " jesty, as might make him live royally, plentifully, " and safely; but they could not, in wisdom and fide- " lity to the comu1onwealth, do that, till he should " choose such counsellors and officers, as might order " and dispose it to t.he public good, and not apply it ' to the ruin and destruction of his people, as here- " tofore it had been. But that, and the other mat- "tel'S concerning themselves, being works of great "inlportance, and full of intricacy, would require " so long a tin1e of deliberation, that the kingdom BOOK v. 1642. t digest] to digest II h 2 468 THE HISTORY 1642. " nlight be ruined hefore they could effect then1: "therefore they thought it necessary, first to be " suitors to his lnajesty, so to order the nlilitia, that, " the kingdonl being secured, they luight, with lllore " ease and safety, apply thelnselves to debate of that " Inessage, \vherein they had been interrupted, by his " 111ajesty's denial of the ordinance concerning the " saIne; because it would have been in vain for theln " to labour in other things, and in the mean time to " leave thenlselves naked to the malice of so many " enenlies, both at home and abroad; yet they had "not been altogether negligent of those things, "which his majesty had been pleased to propound " in that message: they had agreed upon a book of " rates in a larger proportion, than had been grant- "ed to any of his nlajesty's predecessors, which " ,vas a considerable support of his Inajesty's public " charge; and had like\vise prepared divers propo- " sitions, and bills, for preservation of their religion " and liberties, \vhich they intended shortly to pre- " sent to his majesty; and to do whatsoever \va fit " for them, to make up that unpleasant breach he- " tween his Inajesty and the parliaulent. " 'Vhereas divers exceptions had been taken con- " cerning the militia; first, that his I1lajesty never " denied the thing, but accepted the persons, (except " for corporations,) only that he denied the \vay; to "which they answered, that that exception took " off London, and all other great towns and cities, " \vhich l11ake U a great part of the kingdo111 ; and for " the way of ordinance, it is ancient, Inorc speedy, "lllore easily alterable, and, in all these and other BOOK V. 11 make] make OF THE REBELLION. 469 " respects, more proper, and more applicable to the "present occasion, than a bill; ,vhich his majesty " called the good old ,vay of imposing upon the sub- "jects. I t should seen1, that neither his majesty's " royal predecessors, nor their ancestors, had hereto- " fore been of that opinion; 37 Ed,v. III. they said, " they found this record: The chancellor Inade de- " claration of the challenge of the parliament; the "king desires to know the griefs of his subjects, " and to redress enormities. The last day of the " parliament, the king delnanded of the whole es- " tates, ,vhether they would have such things as " they agreed on, by \vay of ordinance, or statute? h \v ho ans\vered, by way of ordinance, for that they " n1Ïght amend the same at their pleasures; and so " it was. t.' But his majesty objected further, that there ,vas "somewhat in the preface, to \\-?hich he could not " consent with justice to his honour and innocence; " and that thereby he was excluded from any power " in the disposing of it. These ohjections, they said, " lnight seem son1e\vhat, but indeed ,vould appear h nothing, when it should be considered, that no- " thing in the prealuble laid any charge upon his " Inajesty, or in the body of the ordinance, that ex- " cludes his royal authority in the msposing or exe- "cution of it: but only it was provided, that it " should be signified by both houses of parliament, " as that channel, through \vhich it would be best " derived, and Inost certainly to those ends for ,vhich " it \vas intended; and let all the ,vorld judge ,\rhe- " ther they had not reason to insist upon it, that the " strength of the kiugdoln should rather he qrdered 11 h 3 BOOK v. 1642. BOOK V. J 642. 470 THE l-IISTORY " according to the advice or direction of the great " council of the land, intrusted by the king, and by " the kingdom, than that the safety of the king, par- " liament, and kingdon1, should be left at the devo- " tion of a few unkno\vn counsellors, n1any of them " not intrusted at all by the king in any public way, " nor at all confided in by the kingdom. " They wished the danger wel'e not imminent, or "not still continuing, but could not conceive, that " the long time spent in that debate was evidence " sufficient, that there was no such necessity or dan- " gel', but a bill might easily have been prepared; " for, \vhen many causes do concur to the danger of " a state, the interruption of anyone n1ight hinder " the execution of the rest, and yet the design be " still kept on foot, for better opportunities. \Vho " knew, whether the ill success of the rebels in Ire- " land had not hindered the insurrection of the pa.. "pists here? 'Vhether the preservation of the six "n1elnbers of the parlian1ent, falsely v accused, had " not prevented that plot of the breaking the neck " of this parlialnent, of which they were inforn1ed " froln France, not long before they 'v ere accused; " yet since his majesty had been pleased to express "his pleasure rather for a bill, than an ordinance, "and that he sent in one for that purpose, they " readily entertained it; and, with sonle sn1all and "necessary alterations, speedily passed the san1e. "But contrary to the custom of parlian1ent, and "their expectation, grounded upon his Inajesty's " own invitation X of theln to that "Tay, and otherY , y falsely] false x invitation] eXlJectation Y other] the other OF THE REBELLION. 471 " reasons manifested in their declaration concerning " the militia, of the fifth of May, instead of the royal " assent, they Inet with an absolute refusal. " For their votes of the fifteenth and sixteenth of " l\larch, they said, if the matter of those votes were " according to law, they hoped his Inajesty \vould " allo\v the subjects to be bound by thenl, because " he had said, he \vould make the la,v the rule of " his po,ver; and if the question \vere, 'v hether that " 'v ere law, \vhich the lords and COlnlnons had once " declared to be so, who should be the judge? Not h his lnajesty; for the king judgeth not of matters " of law, but by his courts; and his courts, t.hough " sitting by his authority, expected not his assent in "matters of law: nor Z any other courts; for they " could not judge in that case, because they were in- " ferior, no appeal lying to them fronl parlialnent, " the judgnlent whereof is, in the eye of the law, " the king's judgnlent in his highest court, though ' the king in his person be neither present, nor as- " senting thereunto. BOOK v. 1642. " The votes at which his '11lajest!l took excejJtio/l wel e tllese : 1. " .rhat the king's absence so far remote from " his parlialnent, ,vas not only an obstruction, but "lnight prove a destruction to the affairs of Ire... " land. 2. " That when the lords and C0111ffionS shall de- " clare ,vhat the law of the land is, to have this " not only questioned and controverted, but contra... " dieted, and a conl1nand that it should not be obey- Z nor] not Hh4 BOOK v. 1642. 47 THE HISTORY " ed, was a high breach of the privilege of parlia- " mente 3. " That those persons, ,vho advised his majesty " to absent himself from the parliament, are enemies " to the peace of the kingdom, and justly may be " suspected to be favourers of the rebellion in Ire- " land. " That n the kingdom had been of late, and still " was, in so Ïlnminent b danger, both from enenlies ." abroad, and from C a popish and discontented party " at home, that there was an urgent and inevitable " necessity of putting his majesty's subjects into a "posture of defence, for the safeguard both of his " majesty and his people. " That d the lords and conunons, fully apprehend- " ing this danger, and being sensible of their o\vn " duty, to provide a suitable prevention, bad, in se- " veral petitions, addressed themselves to his nla- " jesty, for the ordering and disposing the ]nilitia of " the kingdom in such a ,vay, as was agreed upon e , " by the wisdom of both houses, to be n10st effec- " tuaI, and proper for the present exigence of the " kingdom, yet could not obtain it; but his majesty " did, several times, refuse to give his royal assent " thereunto. " That, f in this case of extrelne danger, and his "n1ajesty's refusal, the ordinance of parliament, " agreed upon by both houses, for the nlilitia, doth " oblige the people, and ought to be obeyed, by the " fundan1entallaws of this kingdom. a That] 4. That b imminent] eminent C from] Not in MS. d That] 5. That e upon] Not in iUS. f That,] 6. That, OF THE REBELI IO:S. 473 " By all ,vhich, they said, it did appear, that there "had been no colour of that tax, that they went " about to introduce a ne,v law, much less to exer- " cise an arbitrary po,ver, but indeed to prevent it : " for this law was as old as the kingdom; that the " kingdom must not be ,vithout a means to preserve " itself; ,vhich that it might be done without confu- " sion, this nation had intrusted certain hands with a " power to provide, in an orderly and regular way, " for the good and safety of the whole; which pow- " er, by the constitution of the kingdoln, ,vas in his " majesty, and in his parlialnent together: yet since " the prince, being but one person, is more subject " to accidents of nature and chance, whereby the "comillon,vealth lTIay Le deprived of the fruit of " that trust, which was, in part, reposed in him; in " cases of such necessity, that the kingdom may not " be enforced presently to return to its first prin- " ciples, and every 111an left to do ,vhat is right in "his o,yn eyes, ,vithout either guide or rule; the " "risdOlTI of this state hath intrusted the houses of " parliament ,vith a po\ver to supply \vhat should be " wanting on the part of the prince, as is evident by " the constant custom and !Jractice thereof, in cases " of nonage, natural disability, and captivity; and " the like reason doth and 111ust hold for the exercise " of the same power in such cases, 'v here the royal " trust cannot be, or is not discharged, and that the " kingdolll runs g an evident and eminent h danger " thereby; which danger having been declared by " the lords and COlll1110ns in parliament, there needs g runs] runs not h eminent] imminent BOOK v. 1642. BOOK v. 1642. 474 THE I-IIS1."ORY " not the authority of any person or court to affirln, " nor is it in the po\ver of any person or court to re- " voke that judgnlent. " They said, they kne,v the king had \vays enough, " in his ordinary courts of justice, to punish such se- " ditious panlphlets and sernlons, as \vere any ,vays " prejudicial to his rights, honour, and authority; " and if any of thelll had been so insolently violated " and vilified, his lnajesty's o\vn council and officers " had been to blaine, and not the parlianlent: they " never had restrained any proceedings of that kind "in other courts, nor refused any fit conlplaint to " them. The Protestation Protested had been referred " by the comnlons' house to a cOll1mittee, and, the " author being not produced, the printer c0111mitted " to prison, and the book voted by that cOlnlnittee to "be burned; but sir Ed\vard Deering, ,vho ,vas to " make that report of the votes of that committee, " neglected to make it. The Apprentices' Protesta- " tion was never complained of: but the other sedi- " tious palnphlet, To YOll'r tents, 0 Israel, was once " questioned, and the full prosecution of it was not "interrupted by any fault of either house, whose "forwardness to do his majesty all right therein " 111ight plainly appear, in that a comlnittee of lords "and commons was purposely appointed, to take " such inforlnations as the king's council should pre- " sent concerning seditious ,vords, practices, or tu- " nlults, panlphlets or serlnons, tending to the dero- "gation of his Inajesty's rights or prerogative, and " his council had been enjoined by that C0111nlittee, "to inquire and present thell1; ,vho several tillleS " Inet thereupon, and recei ved this answer and de- OF THE REBELI-4ION. 475 " claration from i the king's council, that they knew " of no such thing as yet. " They said, if his Inajesty had used the service " of such a one in penning that answer, who under- " stood the laws and governinent of this kingdom, " he would not have thought it legally in his po,ver " to deny his parliament a guard, when they stood " in need of it; since every ordinary court hath it : " neither would his majesty, if he had been well in- " formed of the laws, have refused such a guard as " they desired, k it being in the power of inferior "courts to command their own guard; neither " would he have imposed upon then1 such a guard, " under a comlnander which they could not have " confided in; which is clearly against the privileges " of parliament, and of which they found very dan- " gerous effects; and therefore desired to have it dis- " charged; but such a guard, and so cOlnn1anded, "as the houses of parliament desired, they could "never obtain of his majesty; and the placing a " guard about them, contrary to their desire, was " not to grant a guard to theIn, but in effect to set " one upon theIn: all ,vhich considered, they believ- " ed, in the judgment of any indifferent persons, it " \vould not be thought strange, if there were a " more than ordinary resort of people to] "r estmin- " ster, of such as caIne willingly, of their own accord, " to be witnesses and helpers of the safety of them, " whom all his majesty's good subjects are bound to " defend from violence and danger; or that such a " concours as that (they carrying themselves quietly BOOK v. 1642. i from] of k such a guard as they de- sired,] a guard as they desired it, 1 to] at BOOK v. 1642. 476 TI-IE I-IISTORY " and peaceably, as they did) ought in his majesty's "apprehension, or could, in the interpretation of " the la\v, be held tU111ultuary and seditious. " They said, \vhen his Inajesty, in that question of " violation of the la\vs, had expressed the observa- "tion of them indefinitely, ,,-ithout any lilnitation " of tin1e, although they never said, or thought any " thing, that lnight look like a reproach to his nla- " jesty, yet they had reason to remenlber that it had "been other\vise, lest they should seem to desel t " their former cOlnplaints, and proceedings there- " upon, as his lnajesty did seen1 but little to like or "approve then1: ill for though he did ackno\vledge "here that great nlischief, that grew by that arbi- "trary power then conlplained of; yet such \vere "continually preferred and countenánced, as \vere "friends or favourers, or related to 11 the chief au- "thors and actors of that arbitrary power, and of " those false colours, and suggestions of Ï1nnlinent " danger and necessity, \vhereby they did Blake it " plausible unto his Inajesty: and, on the other side, "such as did appear against them \vere daily dis- " countenanced and disgraced: which \vhilst it should " be so,o they had no reason to believe the disease to " he yet killed, and dead at root, and therefore no "reason to bury it in oblivion; and, \vhilst they be- "held the spawns of those mischievous principles " cherished and fostered in that ne\v generation of " counsellors, friends, and abettors of the former, or " at least concurring with them in their malignancy " against the proceeding P of this parlianlent, they m them :] of them: n related to] related unto o be so,] so be, P proceeding] proceedings OF THE REBELLION. 477 " could not think then1selves secure frOln the like, or " a worse danger. " They observed, the penner of his majesty's an- " swer bestowed here q an admonition upon the par- " liament, bidding them take heed they fell not upon "the same error, upon the same suggestions; but, " they said, he ll1ight well have spared that, till he " could have shewed wherein they had exercised any " power, otherwise than by the rule of the law; or " could have found a more authentic, or a higher " judge in matters of law, than the high court of " parlian1ent. " It was declared, in his majesty's name, that he " resolved to keep the rule himself, and, to his power, " to require the same of all others. They said, they "lnust needs ackno\vledge, that such a resolution " was like to bring ll1uch happiness and blessing to "his lnajesty, and all his kingdollls; yet, with hu- " mility, they lnust confess, they had not the fruit " of it in that case of the lord Kill1bolton, and the " other five members, accused contrary to la\v, both " comn10n r and the statute law; and yet remained " unsatisfied: which case had been ren1elnbered, in " their declaration, as a strange and unheard of vio- "lation of their la \vs: but the penner of that an- " swer thought fit to pass it over, hoping that many " would read his majesty's ans\ver, which had been " so carefully dispersed, who \vould not read their " declaration. " "Thereas, after their ample thanks and acknow- "ledgment of his majesty's favour in passing many " good bills, they had said, that truth and necessity BOOK v. 1642. q here] 'Þ.lot in ft1S. r common] common law BOOK v. 1642. 478 THE HIS'rORY "enforced them to add this, that in or about the " time of passing those bills, son1e design or other "had been on foot, which, if it had taken effect, " would not only have deprived them of the fruit " of those bills, but would have reduced them to a " worse condition of confusion, than that wherein " the parliament found them: it was now told them, " that the king must be most sensible of 'v hat they " had S cast upon hin1, for the t requital of those good " bills; whereas, out of their usual tenderness of his " majesty's honour, they did not mention him at all ; "but so injurious, they said, were u those wicked " counsellors to the name and honour of their mas- "tel' and sovereign, that, as much as they could, "they laid their own infalny and guilt upon his " shoulders. " Here, they observed, God also was called to wit- "ness his majesty's upright intentions at the pass- " ing of those laws; v{ hich, they said, they ,vould not " question, neither did they give any occasion for x " such a solemn assev ration as that ,vas; the Devil " was likewise defied to prove thel'e was any de- "sign, with his majesty's knowledge or privity. "ThatY might well have been spared; for they " spake nothing of his majesty: but since they were " so far taxed, as to have it affirmed, that they had " laid a false and notorious imputation upon his ma- " jesty, they thought it necessary, for the just de- " fence of their own innocency, to cause the oaths " and examinations, which had been taken, concern- " ing the design, to be published in a full narration, S had] Not in 1 'lS. t the] Not in iU8. u were] Not in MS. x for] of y That] They OF THE REnEI LION. 479 " for satisfaction of all his majesty's subjects; out of BOOK " \vhich they would now offer sonle fe\v particulars, v. " by which z the ,vorld nlight judge, whether they 1642. " could proceed with lnore tenderness towards his "lnajesty, than they had done. l\1r. Goring con- " fessed, that the king first asked him, whether he " were engaged in any cabal concerning the arlny? " and comll1anded hin1 to join with 1\11'. Percy, and " 1\11'. Jerlnyn, and SOlne others whonl they should " find at Mr. Percy's chalnber; where they took the " oath of secrecy, and then debated of a design pro- " posed by Mr. Jermyn, to secure the To,ver, and to " consider of bringing up the army to London: and " captain Leg confessed, he had received the draught " of a petition, in the king's presence; and his lna- " jesty acknowledgeth, it was Froln his own hand: " and whosoever reads the sum of that petition, as " it ,vas proved by the testÏ1nony of sir Jacob Ash- " ley, sir John Conyers, and captain Leg, will easily "perceive SOlne points in it, apt to beget in them "some discontents against the parlialnent. And " could any man believe there was no design in the " accusation of the lord Kimbolton, and the rest, in " which his lnajesty doth avow himself to be both a " cOlnmander and an actor? These things being so, " it ,vould easily appear to be as lnuch against the " rules of prudence, that the penner of that answer " should entangle his 111ajesty in that unnecessary " apology, as it was against the rules of justice, that " any reparation fronl then} should be either yielded " or denlanded. " It was professed, in his lnajesty's name, that z uy which] out of which BOOK V. 1642. 480 THE HISTORY " he is truly sensible of the burdens of his people; "which Inade thelll hope that he would take that " course, which ,vould be most effectual to ease them " of those burdens; that was, to join ,vith his par- "liament in preserving the peace of the kingdoln, " which, by his absence fron1 then1, had been luuch " endangered; and which, by hindering the volun- " tary adventures for the recovery of Ireland, and " disabling the subjects to discharge the great tax " imposed on them, ,vas like to make the ,val' Inuch " more heavy to the kingdom. And for his majes- " ty's wants, the parliament had been no cause of " them; they had not ditninished his just revenue, " but had Inuch eased his public charge, and some- " what his private; and they should be ready, in a " parliamentary way, to settle his revenue in such " an honourable proportio , as Inight be answerable " to both, when he should put - hin1self into such a " posture of governlnent, that his subjects n1ight be "secure to enjoy his just protection for their reli- " gion, la,vs, and liberties. " They said, they never refused his Inajesty's gra- " cious offer, of a free and general pardon; only they " said, it could be no security to their present fears " and jealousies: and they gave a reason for it; that " those fears did not arise out of any guilt of their "own actions, but out of th evil designs and at- " teIl1pts of others; and they left the world to judge, " whether they therein had deserved so heavy a tax " and exclamation? (That it was a strange world, "when princes' proffered favours " ere counted re- " proaches: such were the words of his majesty's " ans,ver,) who did esteeln that offer as an act of " princely grace and hounty, ,vhich, since the par- OF TI-IE REBELLION. 481 "liament begun, a they had humbly desired they " might obtain, and did still hold it very necessary "and advantageous for the generality of the sub- " ject, upon who111 the taxes and suhsidies lie hea- " viest: but, they said, they saw, upon every occa- " sion, how unhappy they ,vere in his majesty's lTIis- " apprehensions of their words and actions. " They said, they were fully of the king's Inind, " as it was there declared, that he Inight rest so "secure of the affections of his subjects, that he " should not stand in need of foreign force to pre- "serve hhn frolTI oppression; and were confident, " that he should never ,vant an abundant evidence " of the good wishes and assistance of his \\,hole " kingdoln; especially if he would be pleased to " hold to that gracious resolution of building upon "that sure foundation, the law of the land: but " why his ll1ajesty should take it ill, that they, hav- " ing received informations so deeply concerning the " safety of the kingdom, should b think them fit to " be considered ot they could not conceive; for al- " though the name of the person ,vas ùnkno,vn, yet " that which was more substantial to the probability " of the report was known, that is, that he ,vas ser- " vant to the lord Digby; ,vho, in his presumptuous " letter to the queen's majesty, "and other letters to " sir Lewis Dives, had intimated sonle wicked pro- " position, suitable to that information; but that this " should require reparation, they held it as far fronl " justice, as it was frolll truth, that they had 111ixed " any malice with those rumours, thereby to feed the " fears and jealousies of the people. a begun,] began, YOIh II. b should] and so should I i BOOK v. 1642. BOOK v. 1642. 48Q 'l HE HISTORY " It ,vas affirmed, tbat his majesty was driven " from them, but not by them; yet perchance, they " said, hereafter, if there should be opportunity of " gaining more credit, there would not be wanting " who would suggest unto his majesty, that it was "done by theIn: and if his majesty were driven "from them, they hoped it was not by his own " fears, but by the fears of the lord Digby, and his " retinue of cavaliers; and those c no fears of any " tUInultuary violence, but of their just punishment " for their n1anifold insolence, and intended violence " against the parliament : and this was expressed by " the lord Digby himself, when he told those cava- " liers, that the principal cause of his majesty's go- "ing out of to\vn, was to save them froln being " traInpled in the dirt: but of his majesty.s person " there was no cause of fear; in the greatest heat of " the people's indignation, after the accusation, and "his majesty's violent coming to the house, there " was no shew of any evil intention against his regal " person; of which there could be no better evidence "than this, that he came the next day without a " guard into the city, where he heard nothing hut "prayers and petitions, no threatenings, or irreve- " rent speeches, that might give him any just occa- " sions of fear, that they had heard of, or that his " n1ajesty expressed; for he staid near a week after " at 'Vhitehall, in a secure and peaceable condition: " whereby they were induced to believe, that there " was no difficulty, or doubt at all, but his majesty's " residence near London might be as safe, as in any " part of the kingdom. They said, they were most c those] that OF THE REBELLION. 483 " assured of the faithfulness of the city and suburbs; " and for thenlselves, they should quicken the vigour " of the laws, the industry of the Inagistrate, the " authority of parlialnent, for the suppressing of all " tumultuary insolencyd whatsoever, and for the vin- " dicating of his honour fròm all insupportable and " insolent scandals, if any such shall be found to be " raised upon hhn, as \vere mentioned in that an- " swer: and therefore they thought it altogether un- " necessary, and exceeding inconvenient, to adjourn " the parlialnent to any other place. " 'Vhere the desire of a good understanding be- " t\vixt the king and e parliament was on both sides " so earnest, as ,vas there professed by his ll1ajesty " to be in him, and they had sufficiently testified to "be in thenlselves, it seemed strange they should " be, they said, so long asunder; it could be nothing " else but evil and malicious counsel in f misrepre- " senting their carriage to his l11ajesty, and in dis- " posing his favour to them. And as it should be " far from them to take any advantage of his ma- "jesty's supposed straits, as to desire, much less to " cOIn pel him to that, ,vhich his honour or interest " nlight render unpleasant, or grievous to hin1; so, " they hoped, his majesty would not make his own " understanding or reason the rule of his govern- " Inent; but would suffer hÎ111self to be assisted " with a wise and prudent council, that might deal " faithfully betwixt him and his people: and that he " would reIn ember, that his resolutions did concern " kingdoms; and therefore ought not to be moulded "by his o\vn, lnuch less by anyg private person, BOOK v. 1642. d insolency] insolence e and] and the f in] Not in 11/8. g any] any other 1 i 2 BOOK v. 1642. 484 THE HISTORY " which was not alike proportionable to so great a " trust: and therefore they still desired and hoped, " that his majesty would not be guided by his o\vn " understanding, or think h those courses, straits and " necessities, to which he should be advised by the "wisdom of both houses of parIialTIent, "\vhich are " the eyes in the i politic body, ,,"hereby his majesty " was, by the constitution of the kingdom, to discern " the differences of those things, which concern the " public peace and safety thereof. " They said, they had given his majesty no cause " to say, that they did l11eanly value the discharge of "his public duty; whatsoever acts of grace or jus- " tice had been done, they proceeded fro1l1 his nla- " jesty by the advice and counsel of his parliament, " yet they had and should always answer them with " constant gratitude, and k obedience, and affection; " and although lTIany things had been done, since " this parliament, of another nature, yet they should " not cease to desire the continued protection of AI- " mighty God upon his majesty, and Inost humbly " petition him to cast fron1 hi In all those evil and con- " trary counsels, which had, in lnany particulars for- " Inerly mentioned, Inuch detracted frOlTI the honour " of his governlnent, the happiness of his own estate, " and prosperity of his people. " And having passed so many dangers from a- " broad, so many conspiracies at home, and brought "on the public work so far, through the greatest " difficulties that ever stood in opposition to a par- " liament, to such a degree of success, that nothing " seemed to be left in the way able to hinder - the II or think] or to think t the] this k and] Not in At.';. OF THE REBELLIO:N. 485 " full accomplishment of their desires, and endea- " vours for the public good, unless God in his justice " did send a 1 grievous curse upon them, as to turn " the strength of the kingdom against itself, and to " effect that by their o\vn folly and credulity, which " the power and subtilty of their eneillies could not "attain, that was, to divide the people fron1 the " parliament, and to n1ake them serviceable to the " ends and ain1s of those who would destroy them: " therefore they desired the kingdom to take notice " of that last most desperate and mischievous plot " of the nlalignant party, that was acted and pro- "secuted in many parts of the kingdolll, under " plausible notions of stirring them up to a care of " preserving the king's prerogative; Inaintaining the "discipline of the church; upholding and conti- " nuing the reverence and solemnity of God's ser- " vice; and m encouraging of learning: and, upon " those grounds, divers mutinous petitions had been " frailled in London, Kent, and other counties; and " sundry of his majesty's subjects had been solicited " to declare theillselves for the king against the par- " liament; and many false and foul aspersions had "been cast upon their proceedings, as if they had " been not only negligent, but averse in those points; " whereas they desired nothing more, than to main- "tain the purity and power of religion, and to ho- " nour the king in all his just prerogatives; and for "encouragement and advancement of piety and " learning, they had very earnestly endeavoured, and " still did, to the utmost n of their po\ver, that all "parishes might have learned, pious, and sufficient J a] such a m and] Not ill IJJS. liS 11 utmost] uttermost BOOK v. 1642. BOOK V. 1642. 486 THE HISTORY " preachers, and all such preachers, competent liv- " ings. " l\Iany other bills and propositions 0, they said, " ,vere in preparation, for the king's profit and ho- "nour, the people's safety and prosperity; in the " proceedings \vhereof, they were much hindered by . "his majesty's absence from the parliament; which " ,vas altogether contrary to the use of his pre de- " cessors, and the privilege of parlialnent, whereby " their time was consunled by a multitude of un- " necessary messages, and their innocency wounded " by causeless and sharp invectives; yet they doubt- " ed not but they should overcome all this at last, " if the people suffer not themselves to be deluded "\"ith false and specious ShO,,"TS, and so drawn to " betray them to their OW'n undoing, who had evel- " been ,villing to hazard the undoing of themselves, " that they might not be betrayed, by their neglect " of the trust reposed in them: but if it were notP " possible they should prevail herein, yet they \vould " not fail, through God's grace, still to persist in " their duties, and to look beyond their own lives, " estates, and advantages, as those \\rho think nothing " ,,,o1'th the enjoying \vithout the liberty, peace, and " safety of the kingdonl; nor any thing too good " to be hazarded in discharge of their q consciences, " for the obtaining of it: and should al,vays repose " thenlselves upon the protection of Almighty God, " ,vhich, they ,vere confident, should never be ,vant- " ing to them, <,vhile they sought his glory,) as they "had found it, hitherto, \vonderflll1y going along " with them, in all their proceedings." o and propositions] Not in MS. P not] Not in .IrIS. q their] our OF 'rHE REBELLION. 487 \Vith this declaration they published the examin- ations of Mr. Goring, Mr. Percy's letter to the earl of Northumberland; which \vere the great evidence they had of the plot of bringing up the army, to awe the parliament; and several other letters and depositions, or rather such parts of depositions, as contributed most to their purpose. For the truth is, as they never published, so much as to the houses which were to judge, n1any depositions of witnesses, ,vhose testimonies, in a manner, vindicated the king from those aspersions, which they had a mind should stick upon him, (for many such there were,) so of those which they did publish, they left out many parts, which, being added, would either have ob- scured, or contradicted, or discredited much of that, out of which they made the people believe much to the king's disservice. And yet ,vith all those ill arts and on1issions, I presume In any, who without passion do now read those depositions, (for they are in all hands to be read,) do m nch marvel ho,,, such conclusions could result to his majesty's disadvan- tage, out of the worst part of all that evidence; \vhich could not naturally carry that sense to which it was ,vrested. About this time (which I shall mention before the other declaration, because it intervened) there happened an accident that gave then1 much trouble, and the more, because unlooked for, by the lord keeper's quitting thelll, and resorting to York, by which the king got the possession of his own great seal; \vhich by all parties was, at that tin1e, thought a most considerable advantage r. The king was very HOOK v. ] 642. r considerable advantage.] In ceding part of the History is the .lIS. C. from which the pre- taken, the account of the lont Ii4 488 "HE l-IISrrORY BOOK much unsatisfied with the lord keeper Littleton; v. \vho did not appear so useful for his service as he 1642. keeper's going to the king is thus continued: Of which I must in justice say somewhat, for the memoryan.d honour of the noble person who performed that service; whose modesty Dlade him suffer under a ground- less traducement of being COln- pelled by the confidence of a bold and peremptory under- taker, to what in truth he would not else have yielded unto, and so lost nluch of that reputation which was unq lles- tionably due to his own merit and integrity. F'rom his reco- very of a great sickness, (which seized on him shortl V after he was vrefcrred to that great place, and which indeed robbed him for ever of much of that natural vigour and vivacity of nlÌnd which he had formerly enjoyed,) his compliance was so great and so visible, not only in not opposing that prevalent sense of the house which was prejudicial to the king, but in concurring with it in his own vote, very much against what his friends thought was agree- able to his understanding, in- somuch as the potent and po- pular lords looked upon him as their own: and the king was so far unsatisfied with his arriage, that once, after his majesty's being at 1'" ork, he resoh'ed to take the great seal from him, but was contented to be dis- suaded from that resolution, partly from the difficulty, it be- ing probable that the attempt would not have succeeded, by the interposition of the extra- vagant authority of the two houses, partly that it was not easy to make choice of another fit for that trust, who was like to be more faithful in it, the terror of parliament having humbled all n1en to a strange compliance and submission; but especially that his majesty was assured by some whom he trusted, that the affection of the lord Littleton was very en- tire to his service; and his compliance only artificial, to preserve himself in a capacity of serving him; which was trne. 'Vhilst this cloud hung over him, one evening I visited him, and speaking freely with him, (as he always ga\'e me great encouragement to do, being well assured 1 bore a just re- spect and kindness to him, and well kno\ving I was not with- out some trust with his ma- jesty, and of most intimate friendship with some that had more,) I told him the censure and hazard he ran by the nota.- ble compliance and correspond- ence he had with that party, which the king understood to be factious against his just re- gal power; of some votes in which his lordship had palti- cularly concurred, which were generally understood to be con- trary to law, in which his knowledge was unquestionable; mentioning to him a late vote upon the n1Ïlitia, and some de- claration or message full of disrespective language, which had been not long before sent to the king; in both which his OF THE REBELLION. 489 expected, and, from the time of the accusing the BOOK members, had lost aU his vigour, and, instead of v. concurrence was notorious, and luuch spoken of. To the par- ticulars he an wered by telling lne the story and circumstances of the debate, and the manner of hi:; concurrence, which, though it Inade the matter Inore specious on his behalf than was generally reported, he well discerned gave me no sa- tisfaction in the main; w here- upon he said, "I will deal free- " ly with you, and tell you my U heart; and if upon considera- "tion you think the course I U take be not most advantage- " Ol1S to the king, I will do as " I shall be advised." He then told Ine the straits he was in ; that the governing lords had a terrible apprehension of the king's sending for the great seal, and that nothing but his fair deportment towards them, and seeming to be of their nlind, prevented their taking the seal in their own custody; allowing it only to be with hinl whilst he sat in the house and in the court; that they had Inade some order to that pur- pose, if by his interest with them he had not prevented it, well knowing that it would prove most fatal to the king; who, he foresaw, HUlst be short- ly compelled to wish the great seal with him for many rea- sons. Now, said he, let it be considered, whether my voting with them in such particulars, which my not voting with them cannot prevent, be of equal prejudice to the king, with the seal's being put into such a condition that the king shall never be able to get it, when it is most necessary for him, which undoubtedly will be the case, when, by Iny carriage and opposition against them, the confidence towards me shall be lessened. To which he added, that when he failed to serve the king in an article of mo- ment, or to come to him when he sent for him, he would be worthily censured. The sub- stance f this discourse was not long concealed from the king, who shortly after (his occasions requiring it) sent a gentleman with a warrant to reeei,,'e the seal, and a very kind letter all under the king's own hand to the lord keeper, to require him to nmke all possible haste to him; which message his lord- ship \vas so well prepared to receive, and resolved to obey, that he went purposely out f the town to his house in the country, fifteen miles out of London, upon pretence to take the air for his health, on Satur- day night, when the gentleman employed in that errand came to him, and received the seal from him; his lordship \'ery early on Sunday morning tak- ing another way on horseback; and arrh'ed safe at York with his majesty the next day after the gentleman had delivered the seal to his majesty with some expressions of his own dexterity and courage in the service, which had no other ground than the confidence of the relator, who, I presunle, 1642. 490 'rHE HIS'rORY BOOK making any oppositions to any of their extravagant v. debates, he had silently suffered all things to be 1 642. without malice to the person of the lord keeper, thought only of doing himself good, and drawing such a reward, as might be proportionable to the merit of the worli, according to the account he ga,,'e of it; which report got the more cre- dit, by some indisposition and visible dejectedness of the keeper upon his coming to York, and that the seal was not for a long time redelivered to him, though never used but in his presence, but always kept in the king's bed-chamber; whereas the first proceeded (besides that he was never a good courtier) fronl the habit of awe and terror which he had contracted at \Vestmin- ster, and which he could not speedily shake off, and so \vas not without some hesitation in the fixing the seal to some Vl"oclamations, which were in a higher dialect than had used to pass his hand; of which wari- ness his adversaries made use to his prejudice; and the other was only, that the seal being in so secure a place as the king's own bed-chmnber, no attempt might be made by the treachery of a friend, or the infidelity of a servant, to carry it back to London; which no vigilance of the keeper himself, in those narrow accommodations all men were supplied with there, could probably have pre\'ented. And from this security, in no wise intended as a rCl;roach to the keeper, his lordship had so great ease and quiet, that when the king (understanding that it was talked of abroad as pro- ceeding fronl his majesty's dis- trust of the keeper) sent for him, and would have delivered it to him, assuring him that his confidence was as great in hint as ever, the lord keeper be- sought his nlajesty, that he would not expose him to so much anxiety, as must accom- pany that ch arge, in the danger and hazard of a Inarch, when it was not possible for any care of his to prevent the possibility of its being stolen, or forced from him; but tbat it might be continued in the same safety under his majesty's own care, till he WE're fixed in such a place, as he might be reason- ably responsible for it; and so when his majesty was seltled in Oxford, where the lord keeper had convenient accommodation of lodgings, the seal was rede- livered to him, and remained in his hands till his death. As soon as it was known to the two houses that the lord keeper was gone to the king, that is, on l\ionday morning, the 23d of l\Iay, the lords in great fury made this following order; "It "is this day ordered by the " lords in parliament, that the u gentleman usher attending "this house, or his deputy, u shall forthwith take into cus- "tody the right honourable "Edward lord Littleton, and " bring him and the great seal " of Engla.nd (if it be in his "custody) before the lords in " parliament." 'Vhich order was directed to the gentleman usher OF rrHE REBELLION. carried; and had not only declined the performing the office the king had enjoined him, with reference to the earls of Essex and Holland, (before n1en- tioned,) but very much complied with and courted that party of both houses, which frequently resorted to him; and of late in a question, ,vhich had been put in the house of peers, in the point of the militia, he had given his vote both against the king and the la,v, to the infinite offence and scandal of all those who adhered to the king. He was a man of great reputation in the profes- sion of the law; for learning, and all other advan- tages, ,vhich attend the most eminent men; he was of a very good extraction in Shropshire, and i nhe- rited a fair fortune, and inheritance from his father; he ,vas a handsome and a proper Inan, of a very graceful presence, and notorious for courage, 'v hich, in his youth, he had manifested with his sword; he had taken great pains in the hardest and n10st knotty part S of the law, as well as that ,vhich was lTIOre customary; and was not only very ready and expert in the books, hut exceedingly versed in re- cords, in studying and examining whereof, he had kept }\tIre Selden company, with whom he had great friendship, and who had much assisted hin1; so that he ,vas looked upon the best t antiquary of the pro- fession, who gave himself up to practice; and, upon attending the house, or his de- puty, and to all luayors, jus- tices of the peace, sheriffs, and others his m esty's officers, to be aiding and assisting to the said gent1eman usher and his deputy; which was a strange warrant to be sent about the country, as this very carefully 491 BOOK V. ] 642. was, for the apprehension of a lord kee{Jer of the great seal of England, who, according to the trust reposed in him, was gone to wait upon the king his lllas- ter. All which circumstances, &c. as in page 503, line 27. 8 part] parts t the best] as the best 49 TI-IE HISTORY J 642. the mere strength of his own abilities, he had raised himself into the first rank of the practisers in the COlnmon law courts, and was chosen recorder of London before he ,vas called to the bench, and grew presently into the highest practice in all the other courts, as well as those of the law. 'Vhen the king looked more narro,vly into his business, and found that he should have much to do in \Vestlninster- hall, he removed an old, useless, illiterate person, who had been put into that office by the favour of the duke of Buckinghan1, and Inade Littleton his solicitor general, much to his honour, but not to his profit; the obligation of attendance upon that office depriving him of much benefit he used to acquire by his practice, before he had that relation. Upon the death of my" lord Coventry, Fine}) \V being made keeper, he ,vas Inade chief justice of the COl1lmon. })leas, then the best office of the la\v, and that ,vhich he was wont to say, in his highest ambition, in his o\vn private ,vi shes, he had nlost desired; ançl it was indeed the sphere in ,vhich he n10ved most gracefully, ánd ,vith most advantage, being a Inaster of all that learning and kno,vledge, ,vhich that place required, and an excellent judge, of great gravity, and above all suspicion of corruption. Whilst he held this place, he was by the favour of the archbishop of Canterbury, and the earl of Strafford, ". ho had a great esteelll of hitn, recom- mended to the king to be called to the council table, \vhere he kept up his good name; and, upon the lord Finch's leaving the kingdom, in the beginning of the parliament, he ,vas thought, in luany respects, BOOK v. u my] the W }'inch] and }'inch OF 'I'HE REBELLION. 493 to be the fittest to be intrusted in that office; and, upon the desire of the earl of Strafford, after he was in the To\ver, was created a baron, out of expecta- tion that, by his authority and knowledge of the law, he would have been of great use in restraining those extraordinary and unwarrantable proceedings: but, fron1 the tiIne he had the great seal, he seemed to be out of his eleJnent, and in some perplexity and irresolution in the chancery itself, though he had great experience in the practice and proceed- ings of that court; and made not that despatch, that was expected, at the council table; and in the parlialnent he did not preserve any dignity; and appeared so totally dispirited, that fe\v men she,ved any respect to hin1, but they who most opposed the king, who indeed did exceedingly apply themselves to him, and were with equal kindness received by him. This wonderful alteration in hÎl1l, his friends believed to have proceeded froln a great sickness, which had seized upon him quickly x after he ,vas created a baron, insonluch as every 11lan believed he would die; and by this lneans, he did not attend the house in some nlonths; and so performed none of those offices toward the earl of Strafford, the ex- pectation whereof had been the sole motive to that promotion: froln that time he never did appear the same man; but sure there ,vere other causes for it, and he ,vas possessed with some melancholy appre- hensions, which he could not lnaster, and had no friend to ,vhom he durst entirely conlmunicate them Y. Mr. Hyde, one of those z who was 1nost trusted ]I: quickly] very soon Y them] Not in jJrlS. Z l\Ir. I-Iyde, one of those] Thw; originally in 1118.: 1\1 r. BOOK v. ] 642. BOOK v. 1642. 494 THE HISTORY by the king in the house of commons, and bad al- ,vays had a great respect for the keeper, was as much troubled at his behaviour, as any man; and using frequently to go to him, went upon that occa- sion; and with great freedom and plainness told him, "how much he had lost the esteem of all good " men, and that the king could not but be exceed- , ingly dissatisfied with him ;" and discoursed over the matter of that vote. Though he did not know, that the king did at that tÎIne put so great a secret trust in Mr. Hyde, yet he knew very a well, that the king had a very good opinion of hinl, and had heard his lnajesty often, from the beginning of the parliament, when the discourse happened to be of the lawyers of the house, take an b occasion from thence to mention l\lr. Hyde, as a Ulan of whon1 he heard very 'v ell; ,vhich the keeper had Hlany times taken notice of to hin1: and then he kne,v the friendship that was between the lord Falkland and 1\11". Hyde, C and had heard the n1any jealousies which were contracted, upon the great cOlnmunica- Hyde had always borne a great respect to him, and had endea- voured to introduce a familiar- ity and conversation between him and the lord Falkland, and sir Jo. Culpepper, from the time of their coming to the board, and carried them to dinner to him; which he embraced with great inclination: but it can hardly be imagined that a gen- tleman who had always con- versed with the best men, and had had 80 great experience in business, could be so unskilful and ungracious in drawing a ,'alue and estimation of himself from other men, or that could appear so little acquainted with the common aftàirs of the world, or the nature of man- kind: and his concurrence in that vote of the n1ilitia (which was touched before) took away all reverence towards him from those two noble l>ersons, in so- lunch as they thought it not safe to trust him with any free discourse: l\lr. Hyde W;lS as much troubled, as above, line 2. a very] Not ill IUS. b an] Not in MS. C l\Ir. Hyde,] him, OF 'rHE REBELl.IO . 495 tion he had with the t\"O new counsellors; and so no doubt believed, that he kne,,, much of the king's mind. So that ù as soon as he had entered upon this discourse, \vhich he heard with all attention, (they being by thelnselves in his study at Exeter house,) he rose from his chair, and went to the door; and finding some persons in the next room, be bade them to withdra\v; and e locking both the door of that room, and of his study, he sat down hhnself, and n1aking Mr . Hyde sit down too, f he begun g "with giving him many thanks for his "friendship to hin1, which, he said, he had ever "esteemed, and he could not more lnanifest the "esteem he had of it and him, than by using that , freedom again \vith him, which he n1eant to do. "Then he lalnented his o,vn condition; and that "he had been preferred fron1 the common pleas, " where he kne\v both the business and the persons " he had to deal with, to the other high office he "no\v held, ,vhich obliged him to converse and " transact \vith another sort of men, who were not " known to hhn, and in affairs which he understood " not, and had not one friend among h then}, with " whom he could confer upon any doubt which oc- " curred to him." He spoke i then of the unhappy state and condi- tion of the king's business; how n1uch he had been, and ,vas still, betrayed by persons ,vho ,vere about him; and with all possible indignation against the proceedings of the parlialllent; and said, "they d So that] A nd so e and] and so f sit down too,] .;;it rlown in another chair, g begun] began h among] amongst i poke] pal\e BOOK V. 1642. BOOK v. 1642. 496 THE HISTORY " would never do this, if they were not resolved to "do more: that he knew the king too well, and " observed the carriage of particular men too 111uch, ' and the ,vhole current of public transactions these " last five or six 1nonths, not to foresee that it could " not be long before there ,vould be a ,val' bet,veen " the king and the t\VO houses; and of the import- " ance, in that season, that the great seal should be " with the king." Then he fell into many expres- sions of his duty and affection to the king's person, as well as to his high degree: and "that no man "should be more ready to perish ,vith and for his " majesty, than he would be; that the prospect he "had of this necessity had made him carry himself . " to,vards that party with so much c0111pliance, that "he might be gracious ,vith them, at least, that " they lnight have no distrust of him; ,vhich, he " kne\v, many had endeavoured to infuse into them; " and that there had been a consultation within fe,v " days, whether, in regard he might be sent for by l:' the king, or that the seal might be taken froln " hÍIn, it would not be best to appoint the seal to " be kept in SOine such secure place, as that thel'e "D1ight be no d nger of losing it; and that the " keeper should always receive it, for the execution " of his office; they having no purpose to disoblige "him. And the kno,vledge he had of this consult- " ation, and fear he had of the execution of it, had " been the reason, ,vhy, in the late debate upon the " militia, he had given his vote in such a manner, " as, he kne,v, "rould n1ake very ill ilnpressions \vith " the king, and Inany others ,vho did not know hin1 " very well; but that, if he had not, in that point, "sl1bn1ittcd to their opinion, the seal had been OF THE REBELI ION. 497 " taken from him that night; whereas by this c m- " pliance in that vote, "rhich could only prejudice " hin1self, and not the king, he had gotten so n1uch "into their confidence, that he should be able to "preserve the seal in his own hands, till the king " required it; and then he would be as ready to at- " tend k his majesty with it." 1\11': Hyde ,vas very ,veIl pleased with this dis- course; and asked him, ",vhether he would give "hÏ1n leave, ,vhen there should be a fit occasion, I "to assure the king, that he wOlùd perforn1 this " service, 'v hen the king should require it?" He desired, "that he ,volald do so, and pass his word " for the perforn1ance of it, as soon as his n1ajesty " pleased:" and so they parted. I t was within very few days after, that the king, exceedingly displeased and provoked \vith the keep- er's behaviour, sent an order to the lord Falkland, " to require the seal from hÎ1n;" in which the king was very positive, though he was not resolved to what hand to commit it. His majesty wished then1 (for he al\vays included the other t,vo in such refer- ences) to consider, "whether he should give it to " the lord chief justice Banks, ' (against whom he 111ade S0111e objection h iIn self, ) " or into the hands of " 1\11'. SeIdcn; and to send their opinions III to him." The order ,vas positive for n requiring it fron1 the present officer, but they kne,v not who 0 to advise for a successor. The lord chief justice P Banks ap- peared to he as much afraid, as the other; and not k attend] attend upon I occasion,] occasion t.hat re.. quired it, m opiniolls] opinion VOL. II. n for] for the o who] how p chief justice] Not in MS. Kk BOOK v. 1642. BOOK v. 1642. 498 THE HISTOR Y thought equal to that charge, in a tinle of so much disorder; though, otherwise, he was a lTIall of great abilities, and unblemished integrity: they did not doubt of l\lr. Selden's affection to the king, but withal they knew hin1 so well, that they concluded he would absolutely refuse the place, if it ,vere of- fered to him. He was in years, and of a tender constitution; he had for n1any years enjoyed his ease, which he loved; was rich; and would not have made a journey to York, or have lain out of his own bed, for any preferment; which he had never affected. Being all three q of one mind, that it lvould not he fit to offer it to the one or the other; hereupon Mr. Hyde told thelTI the conference he had r with the keeper, and the professions he had made; and was very confident, that he ,vould very punctually perform it; and therefore proposed, that "they " Inight, ,vith their opinions of the other persons, " likewise advise his majesty to suspend his resolu- "tion concerning the lord keeper, and rather to " write kindly to him, to bring the seal to his ma- " jesty, instead of sending for the seal itself, and " cast s hin1 off;" and offered to venture his own credit ,vith the king, that the keeper \votdd C0111- ply t ,vith his Inajesty's commands. u Neither of them were of his opinion; and had both no esteelTI of the keeper, nor believed that he \vould go to his majesty, if he ,vere sent for, but that he ,vould find some trick to excuse himself; and therefore \vere q three] the three r he had] he had had s and cast] and to cast t that the keeper would conl- ply] upon the keeper's comply- ing' 11 commands.] command. OF THE REBELLION. 499 not wining, that Mr. Hyde should venture his repu-- BOOK tation upon it. He desired them then "to consider v. "how absolutely necessary it was, that the king 1642. " should first resolve into what hand to put the " seal, before he removed it; for that it could not " be unemployed one hour, but that the whole jus- "tice of the kingdom would be out of order, and " dra\v a greater and a juster clamour than had "been yet: that there ,vas as much care to be " taken, that it should not be in the power of any " man to refuse it, ,vhich would be yet more preju- " dicial to his majesty. He desired theln above all, " to weigh well, that the business consisted only in " having the great seal in the place, where his ma- "jesty resolved to be; and if the keeper would , " keep his promise, and desired to serve x the king, " it would be unquestionably the best way, that he "and the seal were both there: if, on the other " side, he were not an honest man, and cared not "for offending the king, he would then refuse to " deliver it; and inform the lords of it; who would " justify him for his disobedience, and reward and "cherish him; and he must then hereafter serve " their turn; the mischief whereof would be greater " than could be easily iInagined: and his majesty's " o,vn Y great seal should be every day used against " him, nor \vould it be possible in 111any months to " procure a new one to be nlade." These ohjections appeared of " eight to then1; and they resolved to give an account of the whole to the king, and to expect his order: and hoth the lord Falkland and 1\lr. Hyde \vrit to his majesty, :x to serve] to serve and please Y his majesty's own] his own Kk2 BOOK v. ] 642. 500 THE HISTORY and sent their letters away that very night. The king was satisfied with the reasons, and was very glad that l\fr. Hyde ,vas so confident of the keeper; though, he said, he remained still in doubt; and re- solved, "that he would, such a day of the ,veek " follo\ving, send for the keeper, and the seal;" and that it should be, as had been advised, upon a Sa- turday afternoon, as soon as the house of lords should rise; because then no notice could be taken of it till Monday. Mr. Hyde, ,vho had continued to see the keeper frequently, and was confirmed in his confidence of his integrity, went no\v to him; and finding hitn firm to his resolution, and of opi- nion, z in regard of the high proceedings of the houses, that it should not be long deferred; he told hiln, "that he might expect a messenger the next "week, and that he should once more see hit11, "when he would tell hÍln the day; and that he " \vould then go hir.nself away before him to York ;" \vith \vhich he was much pleased, and it was agreed between the three, that it was now tÏlne, that he should be gone (the king having sent for him S0l11e time before) after a day or two; in ,vhich tÏ1ne the declaration of the nineteenth of 1\1ay would he passed. On the Saturday following, between t\VO and three of the clock in the afternoon, Mr. EHiot, a groom of the bedchan1ber to the prince, caIne to the keeper, and found him alone in the room where he used to sit, and delivered hilll a letter from the king in his own hand; wherein he required him, with many expressions of kindness and esteem, "to make x of opinion,] of the opinion, O:P rl'HE REBELLION. 501 " haste to hinl; and if his indisposition" (fOI- he was often troubled with gravel and sharpness of urine) "would not suffer hinl to make such haste upon " the journey, as' the occasion required, that he "should deliver the seal to the person who gave " him the letter; who, being a strong young man, " \vould make such haste as was necessary; and " that he lnight make his own journey, by those " degrees which his health required." The keeper ,vas surprised \vith the messenger, whonl he did not like; and more \vhen he found that he knew the contents of the letter, which, he hoped, would not have been comillunicated to any III an \vho should be sent: he ans\vered him with much reservation; and when the other ,vith bluntness, as he was no polite lnan, demanded the seal of him, which he had not thought of putting out of his own hands; he answered him, "that he would not deliver it " into any hands, but the king's:" but presently re- collecting hin1self, and looking over his letter again, he quickly considered, that it would be hazardous to carry the seal himself such a journey; and that if by any pursuit of him, \vhich he could not but suspect, he should be seized upon, the king ,volIld be very unhappily disappointed of the seal, which he had reason so lnuch to depend upon; and that his misfortune ,voldd be ,vholly imputed to his own fault and infidelity, <\vhich, without doubt, he ab- horred with his heart;) and the only \vay to pre- vent that l11ischief, or to appear innocent under it, was to deliver the seal to the person trusted by the king hiInself to receive it; and so, ,vithout telling him any thing of his own purpose, he delivered the Kk8 BOOK v. 1642. 502 THE HISTORY 1642. seal into his hands; whoa forthwith put himself on his horse, and with ,vonderful expedition presented the great seal into his majesty's o,vn hands, who was infinitely pleased with it, and ,vith the messenger. The keeper, that evening, pretended to be indis- posed, and that he would take his rest early, and therefore that nobody should be admitted to speak with him: and then he called sergeant Lee to hinl, who was the sergeant who waited upon the seal, and in whom he had great confidence, as he well n1ight; and told him freely, " that he ,vas resolved, the next " morning, to go to the king, who had sent for him; "that he kne,v ,veIl ho,v much malice he should " contract by it from the parliament, which would "use all the means they could to apprehend him; " and he himself knew not ho\v he should perform " the journey, therefore he put himself entirely into "his hands; that he should cause his horses to be " ready against the next morning, and only his own " groom to attend them, and he to guide the best " way, and that he would not impart it to any other "person." The honest sergeant was very glad of the resolution, and cheerfully undertook all things for the journey; and so sending the horses out of the town, the keeper put hi In self in his coach very early the next morning, and as soon as they were out of the town, he and the sergeant, and one grooIn, took their horses, and made so great a journey that day, it being about the beginning of June, that be- fore the end of the third day he kissed the king's hand b at York. He had purposely procured the house of peers to who] and he b hand] hands BOOK v. OF T HE REBELLION. 503 be adjourned to a later hour in the morning for Monday, than it used to be. Sunday passed with- out any man's taking notice of the keeper's being absent; and many, who knew that he was not at his house, thought he had been gone to Cranford, to C his country house, whither he frequently went on Saturday nights, and was early enough at the par- liament on d Monday mornings; and so the lords the more willingly consented to the later adjournments for those days. But on Monday n10rning, when it \vas known when, and in \vhat lllanner, he had left his house, the confusion in both houses \vas very great; and they who had thought that their in- terest ,vas so great in hin}, that they knew all his thoughts, and had valued then1selves, and were va- lued by others, upon that account, hung down their heads, and were even distracted with shame: how- ever they could not but conclude, that he was out of their reach before the lords met; yet to shew their indignation against him, and it may be in hope that his infirnlities would detain him long in the journey, (as nobody indeed thought that he could have per- forIlled it with that expedition,) they issued out such a warrant for the apprehending him, as had been in the case of the foulest felon or murderer; and print- ed it, and caused it to be dispersed, by expresses, over all the kingdo111, with great haste. All which circun1stances, both before and after the keeper's journey to York, are the lllore particularly and at large set down, out of justice to the memory of that noble person; whose honour suffered then 111uch in the opinion of 111 any , by the confident report of the c to] Not in ftlS. c.1 on] on the Kk4 liOO1\. v. 1642. BOOK v. 1642. The two houses' remon- strance, May 26, 1642. 504 THE HISTORY person, who lvas sent for and received the seal, and who was a loud and bold e talker, and desired to have it believed, that his manhood had rqvished the great seal from the keeper, even in spite of his teeth; which, how impossible soever in itself, found too n1uch credit; and is therefore cleared by this very true and punctual relation, which in truth is but due to him. But the trouble and distraction, which at this time possessed then1, ,vas visibly very great; and their dejection such, that the same day the earl f of Northumberland (who had been of another ten1per) llloved, " that a committee might be appointed, to " consider how there lllight be an accolnmodation "between the king and his people, for the good, " happiness, and safety of both king and kingdom;" which con1mittee ,vas appointed accordingly. This temper of accommodation troubled them not long, new warmth and vigour being quickly infused into them by the unbroken andg undaunted spirits of the house of commons; ,vhich, to shew how little they valued the po,ver or authority of the king, though supported by having now his great seal by him, on the twenty-sixth of 1\1ay agreed on a ne T remonstrance to the people; in ,vhich, the lords con- curring, they informed them, " That although the great affairs of the kingdom, " and the miserable bleeding condition of the king- " dom of Ireland, afforded them little leisure to spend " their time in declarations, and in answers, and J'e- " plies, yet the malignant party about his majesty " taking all occasions to multiply calumnies upon t: bold] a bold g and] or f the earl] the lord OF 'rHE REBELLION. 505 " thè houses of parliament, and to publish sharp in- BOO K " vectives, under his majesty's name, against them, v. " and their proceedings, (a new engine they had in- 1642. "vented to heighten the distractions of this king- " dom, and to beget and increase distrust and dis- " affection between the king, and his parliament, " and the people,) they could not be so much want- " ing to their own innocency, or to the duty of their " trust, as not to clear themselves from those false " aspersions, and (which was their chiefest care) to "disabuse the people's minds, and open their eyes, " that, under the false shows, and pretexts of the " law of the land, and of their own rights and li- "berties, they may not be carried into the road " way, that leadeth to the utter ruin and subver- " sion thereof. A late occasion that those wicked "spirits of division had taken to defame, and in- " deed to an"aign the proceedings of both houses " of parliament, had heen frolD their votes of the " twenty-eighth of April, and their declaration con- " cerning the business of Hull, \vhich because they " put forth, before they could send their answer con- " cerning that Inatter unto his majesty, those mis- , " chievous instruments of dissension, between the " king, and the parliament, and the people, \vhose " chief labour and study was to ll1isrepresent their " actions to his majesty, and to the kingdom, \vould " needs interpret this as an appeal to the people, and " a declining of all intercourse between his n1ajesty " and them; as if they thought it to no purpose, to " endeavour any more to give his n1ajesty satisfac- " tion; and, without expecting any longer their an- " swer, under the name of a l11essage from his ma- " jesty to both houses, they themselves had indeed 506 THE HISTORY 1642. " made an appeal to the people, as the message itself " did in a manner grant it to be, offering to join " issue with them in that way, and in the nature " thereof did clearly shew itself to be no other; "therefore they would likewise address their an.. " swer to the kingdom, not by way of appeal, (as " they were charged,) but to prevent them from be.. " ing their own executioners, and from being per- " suaded under false colours of defending the law, " and their o\vn liberties, to destroy both with their " own hands, by taking their lives, liberties, and " estates out of their hands, whom they had chosen, " and intrusted therewith, and resigning then1 up " unto some evil counsellors, about his majesty, who " could lay no other foundation of their own great.. "ness, but upon the ruin of this, and, in it, of all " parliaments; and, in theIn, of the true religion, " and the freedom of this nation. And these, they " said, were the men that would persuade the peo- " pIe, that both houses of parliament, containing all "the peers, and representing all the commons of " England, would destroy the laws of the land, and " liberties of the people; wherein, besides the trust " of the whole, they themselves, in their own parti- " culars, had so great an interest of honour and es- " tate, that they hoped it would gain little credit "with any, that had the least use of reason, that " such, as TIlust have so great a share in the misery, " should take so much pains in the procuring there- " of; and spend so nIuch time, and run so Inany " hazards to make themselves slaves, and to destroy " the property of their estates. But that they lnight " give particular satisfaction to the several Í1nputa- "tions cast upon thcin, they \vollld take them in BOOK v. OF THE REBELLION. 507 " order, as they were laid upon them in that n1es- " sage. " First, they were charged for the avowing that " act of sir John Hothan1; which was termed un- "paralleled, and an high and unheard of affront "unto his majesty, and as if they needed not to "have done it; he being able, as was alleged, to " produce no such command of the houses of par- "liament. They said, although sir John Hotham " had not an order, that did express every circum- " stance of that case, yet he might have produced "an order of both houses, which did comprehend "this case, not only in the clear intention, but in "the very words thereof; \vhich they kno\ving in "their consciences to be so, and to be most neces- " sary for the safety of the kingdom, they could not "but in honour and justice avow that act of his; " \vhich, they \vere confident, would appear to all " the ,vorld to be so far from being an affront to " the king, that it would be found to have been an " act of great loyalty to his majèsty, and to his king- " dome " The next charge upon thelll \vas, that, instead " of giving his majesty satisfaction, they published " a declaration concerning that business, as an ap- " peal to the people, and as if their intercourse with " his majesty, and for his satisfaction, \vere now to "no more purpose; which course was alleged to " be very un agreeable to the modesty and duty of "former thnes, and not warrantable by any pre- " cedents, but what themselves had n1ade. They " said, if the penner of that message had expected " awhile, or had not expected that t\VO houses of "par1iament (especially burdened, as they were at BOOK v. 1642. 508 'rHE HISTORY 1642. "that time, with so n1any pressing and urgent af- "fairs) should have moved as fast as himself, he " \vould not have said, that declaration was instead " of an answer to his majesty; lvhich they did des- " patch ,vith all the speed and diligence they could, " and had sent it to his majesty by a committee of " both houses; whereby it appeared, that they did " it not upon that ground, that they thought it was " no n10re to any purpose, to endeavour to give his " lnajesty satisfaction. "And as for the duty and modesty of foriner " times, from which they were said to have varied, " and to want the warrant of any precedents there- "in, but ,vhat themselves had made: if they had "ll1ade any precedents this parliament, they had " made them for posterity, upon the same, or better " grounds of reason and law, than those were upon, " which their predecessors first n1ade for then1: and " as some precedents ought not to be rules for then} " to follo\v, so none could be limits to bound their " proceedings; \"hich Injght and must vary, accord- "ing to the different condition of times. And for " that particular, of setting forth declarations for " the satisfaction of the people, ,vho had chosen, and " intrusted them \vith all that ,vas dearest to th n1 : " if there \vere no exalnple for it, it ,vas because " there were never any monsters h before, that ever " attempted to disaffect the people from a parlia- "ment, or could ever harbour a thought that it "might be effected. 'Vere there ever such prac- " tices to poison the people with an ill apprehension " of the parlianlent? l\T ere there tver such imputa- BOOK v. h any mon tcrs] any Hch 1110nsters OF THE REBELI ION. 509 " tions and scandals laid upon the proceedings of BOO "both houses? 'Vere there ever so many and so v. " great breaches ofi privilege of parliament? "r ere 1642. "there ever so lTIany and so desperate designs of " force and violence against the parlian1ent, and the " 111elnbers thereof? If they had done more than " ever their ancestors had done, they aid, they had " suffered 1110re than eyer they had suffered; and " yet, in point of h10desty and duty, they would not " yield to the best of forIner times; and they would "put that in issue, whether the highest and lTIOSt " un\varrantable precedents of any of his lTIajesty's " predecessors did not fall short, and much below, "what had been done to them this parliament? " And, on the other side, whether, if they should " n1ake the highest precedents of other parlian1ents " their patterns, there ,vould be cause to con1plain " of ,vant of 1110desty and duty in then1 ; when they "had not so much as suffered such things to enter " into their thoughts, which all the world knew they " put k in act? " Another charge \vhich \vas laid very high upon " them, and ,vhich ,vere indeed a" very great crime if " they \vere found guilty thereof, was, that, by avo,v- " ing that act of sir John Hothan1, they did, in con- " sequence, confound and destroy the title and in- "terest of all his lTIajesty's good subjects to their " lands and goods; and that upon this ground; that " his majesty had the san1e title to his to\vn of I-lull, " ,vhich any of his subjects had to their houses or " lands, and the same to his Inagazine and lTIunition "there, that any n1an had to his money, plate, or i of] of the k they put] they had p t BOOK v. ] 642. 510 THE HIS'.rOR Y " jewels: and, therefore, that they ought not to have " been d.isposed of, without or against his consent, "no more than the house, land, money, plate, or "jewels, of any subject ought to be, without or " against his will. " Here, they said, that was laid down for a prin- " ciple, ,vhich ,vould indeed pull up the very founda- " tion of the liberty, property, and interest of every " subject in particular, and of all the subjects in ge- " neral, if they should admit it for a truth, that his , majesty had the saIne right and title to his towns, "and to his magazines, (bought with the public "monies, as they conceived that at Hull to have " been,) that every particular man hath to his house, " lands, and goods. For his majesty's towns were " no more his own, than his kingdol11 was his own; " and his kingdoln was no more his own, than his "people are his o,vn; and if the king had a pro- " perty in all his towns, what would becolne of the " subjects' propriety I in their houses therein? and " if he had a proprietym in his kingdom, ,vhat would "beconle of the subjects' property in their lands " throughout the kingdoln? or of their liberties, if "his majesty had the saIne right in their persons, "that every subject hath in his lands and goods? " and what ,vould beC01l1e of all the subjects' in- " terests in the towns and forts of the kingdom, and " in the kingdo1l1 itself, if his 111ajesty might sell, or " give. thelll away, or dispose of them at his plea- " sure, as a particular 111an might do with his lands " and with his goods? This erroneous maxim being " infused into princes, that their kingdoms are their 1 propriety] property m propriety] property OF TIlE REBELLION. 511 " own, and that they may do with them what they " will, as if their kingdoms were for them, and not " they for their kingdoms, was, they said, the root " of all the subjects' misery, and of the invading " of their just rights and liberties; whereas, indeed, " they are only intrusted with their kingdoms, and " \vith their towns, and with their people, and with "the public treasure of the commonwealth, and "whatsoever is bought therewith; and, by the " kno\vn law of this kingdom, the very jewels of the " crown are not the king's proper goods, but are " only intrusted to him for the use and ornalnent " thereof: as the to\vns, forts, treasure magazines, "offices, and the people of the kingdon1, and the " whole kingdom itself is intrusted unto him, for the " good, and safety, and best advantage thereof: and " as this trust is for the use of the kingdonl, so ought " it to be managed by the advice n of the houses of " parliament, wholn the kingdom hath trusted for "that purpose; it being their duty to see it dis- " charged according to the condition and true intent "thereof; and as much as in them lies, by all possi- " ble means, to prevent the contrary; which, if it had " been their chief care, and only aim, in the dispos- " ing of the town and magazine of Hull in such man- " ner as they had done, they hoped it would appear " clearly to all the world, that they had discharged " their own trust, and not invaded that of his n1a- " jesty, 0 n1uch less his property; \vhich, in that case, " they could not do. " But adnlitting his majesty had indeed P a pro- " perty in the to,vn and magazine of Hull; who n advice] advices o In iesty,] nu\jesty's, P had indeed] had indeed had BOOK v. 1642. ROOK v. J G42. 51Q THE HIS'rOllY " doubted but that a parliainent 111ay dispose of any " thing, ,vherein his majesty, or any subject, hath a " right, in such away, as that the kingdoill Inay not " be exposed to hazard or danger thereby? which -, \vas their case, in the disposing of the to,vn and " Inagazine of Hull. And ,vhereas his n1ajesty did " allo\v this, and a greater po\ver to a parlianlent, .. but in that sense only, as he hhnself was a part -, thereof; they appealed to every man's conscience, h that had observed their proceedings, whether they " disjoined his majesty froin his parliaU1ent, who had "in all hUlllble ways sought his concurrence ,vith " them, as in that particular about Hull, and for the " removal of the magazine there, so also in all other " things; or whether those evil councils about hitn " had not separated him fron1 his parlialnent; not " only in distance of place, but also in the discharge " of the joint trust with theI11, for the peace and " safety of the kingdom in that, and some other par- " ticulars. " They had given no occasion to his majesty, they " said, to declare ,vith so nluch earnestness his reso- "lution, that he would not suffer either, or both " houses by their votes, without or against his con- " sent, to enjoin any thing that was forbidden by the " la,v, or to forbid any thing that was enjoined by " the la\v; for their votes had done no such thing: " and as they should be very tender of the law, (which to' they did ackno,vledge to be the safeguard and cus- " tody of all public and private interests,) so they " ,vould nevèr alIo\v a fe\v private persons about the " king, nor his Il1ajesty himself in his own pers?n, " and out of his courts, to be judge of the la\v, and " that contrary to the judgnlent of he highest court OF THE REBELLION. 513 " of judicature. In like manner, that his majesty " had not refused to consent to any thing, that might " be for the peace and happiness of the kingdom, " they could not admit it in any other sense, but as " his nlajesty taketh the measure of what will be for " the peace and happiness of his kingdom, from some " few ill affected persons about him, contrary to the " advice and judglnent of his great council of parlia- "D1ent. And because the advice of both houses of " parlian1ent had, through the suggestion q of evil " counsellors, been so much undervalued of late, and " so absolutely rejected and refused, they said, they " held it fit to declare unto the kingdom, whose ho- " nour and interest was so much concerned in it, " what was the privilege of the great council of par- " lian1ent herein; and \vhat was the obligation that " lay upon the kings of this realm, to pass such bills, " as are offered to them by both houses of parliament, " in the nalne, and for the good, of the whole king- " dom, ,vhereunto they stand engaged, both in con- " science and justice,r to give their royal assent: in " conscience, in regard of the oath, that is or ought " to .be taken by the kings of this realm at their co- " ronation, as well to confirm by their royal assent " such good laws, as the people shall choose, and to " renledy by law such inconveniences, as the king- " dOlll lllay suffer; as to keep and protect the laws " already in being; as may appear both by the form " of the oath upon record, and in books of good au- " thority, and by the statute of the 25 of Edward III. " entitled, the Statute of Provisors of Benefices; the (I suggestion] suggestions 1" justice,] in justice, VOL. II. II 1 BOOK v. ] 642. 514 THE HIS'I'ORY BOO K "form of which oath, and the clause of the statute v. " that concerneth it, are as followeth: 1642. Rot. Parliament. H. IV. N. 17. Forma jura1nenti soliti, et consueti præstari per reges Angliæ in eorum coronatione. Servabis ecclesiæ Dei, cleroque, et populo, pacem ex integro, et concordiam in Deo, secundum vires tuas ? ReSpOll(lebit, Servabo. Facies fieri in omnibus judiciis tuis æqualn, et rec- tan1 j ustitiam, et discretionem in misericordia et ve- }'itate, secundum vires tuas? Respondebit, Faciam. Con cedis justas leges, et consuetudines esse te- nendas; et prolnittis per te eas esse protegendas, et ad honorem Dei corroborandas, quas vulgus elegerit, secundum vires tuas? Responllebit, Concedo et promitto. Adjicianturque prædictis interrogationibus quæ justa fuerint, prænunciatisque omnibus, confirmet rex se omnia servaturuln, sacralnento super altare præstito, COralTI cunctis. A clause in the prea1nble qf a statute 1nade the 25 Edw. III. entitled, tIle Statute qf Provisors of Benefices. Whereupon the said COn1ll10nS have prayed our said lord the king, that sith the right of the crown of England, and the la\v of the said realn1 is such, OF THE REBEI LION. 515 that upon the mischiefs and danlages, which happen to this realm, he ought, and is bound by bis oath, with the accord of his people in his parliament, there- of to luake ren1edy and law, and in reluoving the mischiefs and damages 'v hich thereof ensue, that it may please him thereupon to ordain relnedy. Our lord the king seeing the mischiefs and da- mages before Inentioned, and having regard to the statute made in the time of his said grandfather, and to the causes contained in the same, which statute holdeth al \vays his force, and was never defeated, re- pealed, or S annulled in any point, and by so much he is bound t by his oath to cause the same to be kept as the law of his realm, though that, by sufferance and negligence, it hath been sithence attempted to the contrary: also having regard to the grievous com- plaints 111ade to hin1 by his people, in divers his par- lialnents holden heretofore, willing to ordain relnedy for the great damages and Inischiefs, which have hap- pened, and daily do happen, to the church of Eng- land by the said cause: " Here, they sa d, the lords and COlnmons claim it " directly as the fight of the crown of England, and " of the law of the land, and that the king is bound " by his oath, with the accord of his people in par- " liament, to Inake remedy, and law, upon the 111is- " chiefs and damages, ,vhich happen to this realnl; " and the king doth not deny it, although he take ". occasion from a statute formerly made by his grand- " father, which ,vas laid as part of the grounds of " this petition, to fix his ans,ver upon another branch " of his oath, and preterlnits that which is claÍlned s or] nor t bound] bounden I.. I 2 BOOK v. 1642. HOOK v. 1 (;42. '516 THE HISTORY " by the lords and conlDlons; which he would not " have done, if it might have been excepted against. " In justice, they said, they are obliged thereunto, " in respect of the trust reposed in them; which is " as well to preserve the kingdom by the making new " la\vs, where there shall be need, as by observing of " laws already made; a kingdolll being, many times, " as much exposed to ruin for the want of a new law, " as by the violation of those that are in being: and " this is so clear a right, that, no doubt, his majesty " \vould acknowledge it to be as due to his people, as " his protection. But how far forth he was obliged " to follow the judgment of his parliament therein, " that is the question. And certainly, besides the " words in the king's oath, referring unto such laws " as the people shall choose, as in such things ,vhich " concern the public weal and good of the kingdoln, " they are the most proper judges, ,vho are sent from " the whole kingdolll for that very purpose; so they " did not find, that since laws have passed by way of " bills, (which are read thrice in both houses, and " COllllllitted; and every part and circumstance of " them fully weighed, and debated upon the commit- " ment, and afterwards passed in both houses,) that " ever the kings of this realm did deny them, other- " wise than is expressed in that usual answer, Le'roy " s' a-vise'ra; u which signifies rather a suspension, than " a refusal of the royal assent. And in those other " laws, which are framed by ,vay of petitions of right, " the houses of parliament have taken themselves to " be so far judges of the right claimed by theIn, that " wh n the king's answer hath not, in every point, U Le roy s'avisera;] Le roy l'avisera; OF THE REBELLION. 1}17 " been fully according to their desires, x they have " still insisted upon their claim, and never rested " satisfied, till such tilne as they had an answer ac- " cording to their demand; as had been done in the " late Petition of Right, and in former times upon " the like occasion. And if the parliament be judge " between the king and his people in the question " of right, (as by the manner in the claim in peti- " tions of right, and by judgments in parliament, in "cases of illegal impositions and taxes, and. the " like, it appears to be,) ,vhy should they no be so " also, in the question of the common good, and ne- "cessity of the kingdom; wherein the kingdom " hath as clear a right also to have the benefit and " relnedy of la\v, as in any thing whatsoever? And " yet they did not deny, but that in pl'ivate bills, " and also in public acts of grace, as pardons, and " the like grants of favour, his majesty might have " a greater latitude of granting, or denying, as he " should think fit. " All this considered, they said, they could not " but wonder, that the contriver of that message " should conceive the people of this land to be so " void of common sense, as to enter into so deep a " mistrust of those, whom they have, and his ma- t' jesty ought to repose so great a trust in, as to de- " spair of any security in their private estates, by "descents, purchases, assurances, or conveyances; " unless his majesty should, by his vote, prevent the "prejudice they might receive therein by the votes " of both houses of parlian1ent; as if they, who are x desires,] desire, I. I 3 BOOK v. 1642. HOOK v. 1642. 518 1."HE HISTORY " especially chosen, and intrusted for that purpose, " and ,vho themselves must needs have so great a " share in all grievances of the subject, had wholly " cast off all care of the subject's good, and his ma- " jesty had solely taken it up; and as if it could be "imagined, that they should, by their votes, over- " throw the rights of descents, purchases, or of any "conveyance or assurance, in whose judgment the " ,vhole kingdom hath placed all their particular in- " terests, if any of them should be called in ques- " tion, in any of those cases; and that (as not kno\v- "ing where to place theln with greater security) " without any appeal froin them to any other person " or court whatsoever. " But indeed they \vere very much to seek, ho,v " the case of Hull could concern descents and pur- " chases, or conveyances and assurances; unless it " ,vere in procuring more security to Inen in their " private interests, by the preservation of the wholc "froll1 confusion and destruction; and 111uch less " did they understand ho,v the sovereign power ,vas " resisted and despised therein. Certainly no COll1- " mand from his majesty, and his high court of par- " liament, (where the sovereign power resides,) was " disobeyed by sir John H othaIn; nor yet ,vas his " majesty's authority derived out of any other court, " nor by any legal commission, or by any other ,vay, " ,vherein the la\v had appointed his majesty's com- " Inands to be derived to his subjects; and of what ." validity his verbal commands are, witl10ut any "such stan1p of his authority upon them, and " against the order of both houses of parliament, " and ,vhether the not submitting thereunto be a OF THE REBELLION. 519 " resisting and despising of the sovereign authority, " they would leave to all n1en to judge, that do at " all understand the government of this kingdom. " They ackno\vledged that his n1ajesty had made "many expressions of his zeal and intentions Y " against the desperate designs of the papists; but " yet it was also as true, that the counsels, which " had prevailed of late with him, had been little " suitable to those expressions and intentions. For , "what did more advance the open and bloody de- ," sign of the papists in Ireland, (whereon the secret " plots of the papists here did, in all likelihood, de- " pend,) than his majesty's absenting himself, in "that manner that he did, from his parliament; "and setting forth such sharp invectives against " them, not\vithstanding all the humble petitions, " and other means, which his parliament had ad- " dressed unto hilI), for his return, and for his satis- "faction concerning their proceedings? And what "wa more likely to give a rise to the designs of " the papists, (whereof there were so n1any in the " north, near to the town of Hull,) and of other "malignant and ill affected persons, (which \vere " ready to join with them,) or to the attempts of "foreigners from abroad, than the continuing of "that great magazine at Hull, at this time, and " contrary to the desire and advice of both houses " of parliament? So that they had too much cause " to believe, that the papists had still some way and " l11eans, whereby they had influence upon his lna- " jesty's counsels for their own advantage. " For the 111 align ant party, they said, his Inajesty Y intentions] intention Ll4 BOOK v. I 642. 5 O THE HISTORY 1642. " needed not a definition of the law, nor yet a more " full character of them fron1 both houses of parlia- " ment, for to find thelll out, if he would please " only to apply the Z character, that hin1self had " lllade of them, to those, unto whom it doth pro- " perly and truly belong. 'Vho are so much disaf- " fected to the peace of the kingdom, as they that " endeavour to disaffect his majesty frolll the houses " of parliament, and persuade him to be at such a " distance from them, both in place and affection? "Who are more disaffected to the government of " the kingdom, than such as lead his n1ajesty away " from hearkening to his parliament; ,vhich, by the "constitution of the kingdom, is his greatest and " best council; and persuade hi III to follo,v the ma- " licious counsels of sonle private lllen, in opposing " and contradicting the wholesome advices and just "proceedings of that his most faithful council and " highest court? Who are they, that not only neg- " lect and despise, but labour to undermine the law, "under colour of maintaining it, but they that en- " deavour to destroy the fountain and conservatory " of the law, which is the parliament? And \vho "are they that set up other a rules for themselves " to walk by, than such as" were b according to law, "but they that \vill make othèr judges of the law "than the law hath appointed; and so dispense " with their obedience to that, which the la,v call- " eth authority, and to their deterlniriations and re- " solutions, to whom the judgment doth appertain " by law? For, ,vhen private persons shall lllake " the law to be their rule according to their own BOOK V. I the] that 14 other] Not in J.U8. h were] are OF THE REBELLION. 521 " understanding, C contrary to the judgment of those "that are the competent judges thereof, they set "up unto themselves other rules than the law " doth acknowledge. 'Vho those persons were, none " knew Letter than his majesty himself: and if he " '\vould please to take all possible caution of them, " as destructive to the commonwealth and himself, " and would remove them from about him, it "rould "be the most effectual means to compose all the "distractions, and to cure the distempers of the " kingdom. " For the lord Digby's letter, they said, they did " not make n1ention of it as a ground to hinder his " n1ajesty froln visiting d his own fort; but they ap- " pealed to the judgillent of any indifferent man, " that should read that letter, and compare it with "the posture that his majesty then did, and still " doth, stand in towards the parliament, and with " the circuillstances of that late action of his lTIa- "jesty's going e to Hull, whether the advisers of " that journey intended only a visit of that fort and " magazine? "As to the ways and overtures of accommoda- " tion, and the message of the twentieth of January " last, so often pressed, but still in vain, as ,vas al- " leged: their answer was, that although so often " as that message of the twentieth of January had "been pressed, so often had their privileges been " clearly infringed, that a way and method of pro... " ceedings f should be prescribed to them, as well " for the settling of his majesty's revenue, as for the . c understanding,] understand- Ings, d from visiting] to visit e going] in going f proceedings] proceeding BOOK v. 1642. BOOK V. 1642. 5QQ TI-IE HISTORY "presenting of their own desires, (a thing, ,vhich, " in former parliaments, had always been excepted " against, as a breach of privilege,) yet, in respect " to the matter contained in that n1essage, and out " of their earnest desire to beget a good under- "standing between his majesty and them, they " swallo\ved down all matters of circumstance; and " had ere that time presented the chief of their de- " sires to his majesty, had they not been interrupted "with continual denials, even of those things that " were necessary for their present security and sub- " sistence; and had not those denials been followed ",vith perpetual invectives against them and their " proceedings; and had not those invectives been "heaped upon them so thick one after another, " (who were in a manner ah eady taken up wholly " with the pressing affairs of this kingdom, and of " the kingdom of Ire]and,) that as they had little " encouragement from thence, to hope for any good " ans,vers to their desires, so they had not so n1uch " time left theln to perfect them in such a lllanner, " as to offer them to his majesty. " They confessed it to be g a resolution most ,vor- " thy of a prince, and of his majesty, to shut his " ears against any that would incline hÍ1n to a civil " war; and to abhor the very apprehension of it. "But they could not believe that mind to have " been in theIn, that came with his n1ajesty to the " house of con1mons; or in them, that acconlpanied " his n1ajesty to Hampton-court, and appeared in a " warlike manner at Kingston upon Thalnes; or in " divers of them, ,vho followed his Inajesty lately to g to be] Not in ftlS. OF rrI-IE IlEBELLION. 5 g ,- Hull; or in them, who after dre\v their swords in " York, demanding, Who woul([ be for the king? " nor in them, that advised his majesty to declare " sir John Hotham a traitor, before the message " ,vas sent concerning that business to the parlia- " ment, or to make propositions to the gentlemen of "the county of \Y ork to assist his lnajesty to pro- " ceed against him in a way of force, before he had, " or possibly could receive an answer from the par- " liament, to whom he had sent to denland justice " of them against sir John H otham for that fact: " and if those malignant spirits should h ever force ., them to defend their religion, the kingdom, the " privileges of parliament, and the rights and liber- " ties of the subjects, \vith their swords; the blood, " and destruction that should ensue thereupon, lnust " be wholly cast upon their account; God and their " own consciences told theIn, that they were clear; "and they doubted not, but God and the whole " world would clear thenl therein. " For captain Leg, they had not said that he was " accused, or that there was any charge against " him, for the bringing up of the army; but that " he was e111ployed in that business. And for that " concerning the earl of Newcastle, mentioned by " his majesty, which was said to have been asked 'long since, and that it was not easy to be an- " s,vered: they conceived it was a question of more " difficulty, and harder to be answered, why, when h his l11ajesty held it necessary, upon the sanle " grounds that first moved fronl the houses of par- " Halnent, that a governor should be placed in that h should] did BOOK. v. 1642, 5 4 THE HIS'rORY 1642. "town, sir John Hotham, a gentleman of known " fortune and integrity, and a person of WhOlTI both "houses of parliament had expressed their confi- " dence, should be refused by his majesty; and the "earl of Newcastle (who, by the way, was so far " named in the business of bringing up the army, " that although there was not ground enough for a " judicial proceeding, yet there was ground of suspi- " cion; at least his reputation was not left so un- " blemished thereby, as that he should be thought " the fittest man in England for that employment " of Hull) should be sent dovln, in a private way, "from his majesty to take upon him that govern- " ment? And why he should disguise himself under " another name, \vhen he came thither, as he did? "But whosoever should consider, together with "those circumstances, that of the tÏ1ne when sir "John Hotham was appointed, by both houses of " parliament, to take upon him that employment, " which was presently after his majesty's coming to " the house of commons, and upon the retiring him- " self to Hampton-court, and the lord Digby's as- " sembling of cavaliers at Kingston upon Thanles, " would find reason enough, why that town of Hull " should be committed rather to sir John Hotham, "by the authority of both houses of parliament, " than to the earl of Newcastle, sent from his nla- " jesty in that manner that he was. And for the " power that sir John Hothalll had from the two "houses of parliament, the better it ,vas known " and understood, they were confident the more it " would be approved and justified: and as they did "not conceive, that his majesty's refusal to have " that magazine renloved could give any advantage BOOK v. OF THE REBELLION. 5 5 " against him to have it taken from him; and as no " such thing ,vas done, so they could not conceive, " for what other reason any should counsel his n1a- " jesty, not to suffer it to be removeù, upon the de- " sire of both houses of par1iament; except it were, "that they had an intention to Inake use of it " against them. " They said, they did not except against those " that presented a petition to his majesty at York, " for the continuance of the magazine at Hun, in " respect of their condition, or in respect of their " number; because they were n1ean persons, or be- "cause they were few; but because they being but "a few, and there being so n1any more in the " county of as good quality as themselves, (who " had, by their petition to his n1ajesty, disavowed "that act of theirs,) that they should take upon " them the style of all the gentry, and inhabitants " of that county; and, under that title, should pre- "sume to interpose their advice contrary to the "votes of both houses of parliament: and, if it " could be made to appear, that any of those pe- " titions, that are said to have been presented to "the houses of parliament, and to have been of " a strange nature, were of such a nature as that, "they were confident, that they were never re- " ceived with their consent and approbation. " 'Vhether there was an intention to deprive sir " John Hotham of his life, if his majesty had been " adn1itted into Hull; and whether the information " were such, as that he had ground to believe it, " they would not bring into question; for that was " not, nor ought to have been, the ground for doing BOOK v. 1642. nOOK v. ) 642. 5 6 'fHE III S1."OR Y " what he did: neither ,vas the number of his Ina- "jesty's attendants, for being lllore or fe\ver, much "considerable in this case; for although it "rere " true, that if his majesty had entered with twenty " horse only, he might happily have found means " for to have forced the entrance of the rest of his " train; ,vho, being once in the town, would not "have been long without arms; yet that was not " the ground, upon which sir John Hotham was to " proceed; but upon the admittance of the king " into the town at all, so as to deli vel' up the town "and magazine unto him, and to whomsoever he "should give the cOl1unand thereof, ,vithout the "knowledge and consent of both houses of parlia- " ment, by whom he was intrusted to the contrary: " and his majesty having declared that to be his in- " tention concerning the to\vn, in a message that he " sent to the parliament, not long before he ,vent to " Hun; saying, that he did not doubt, but that " town should be delivered up to him, whensoever "he pleased, as supposing it to be kept against " him; and in like nlanner concerning his maga- " zine, in his message of the twenty-fourth of April, "wherein it is expressed, that his majesty ,vent " thither, with a purpose to take into his hands the " magazine, and to dispose of it in such manner, as "he should think fit: upon those terms, sir John " Hotham could not have adnlitted his majesty, and "have Inade good his trust to the parliament, "though his majesty would have entered alone, "without any attendants at all of his own, or of " the prince or duke, his sons; which they did not " wish to be less than they ,,'ere in their number, OF THE REBELLION. 5 7 " but could heartily wish that they \vere generally " better in their condition. i " In the close of that message, his majesty stated "the case of Hull; and thereupon infeITed, that "the act of sir John Hotham was levying war - " against the king; and, consequently, that it was " no less than high treason, by the letter of the sta- " tute of the 25 Ed\v. III. ch. 2, unless the sense of " that statute were very far differing from the letter " thereof. "In the stating of that case, they said, divers " particulars might be observed, \vherein it was not " rightly stated: as, 1. "That his majesty's going to Hull was only an " endeavour to visit a to\vn and fort of his: whereas " it was indeed to possess himself of the town and " magazine there, and to dispose of them, as he him- " self should think good, without, and contrary to " the advice and orders of both houses of parlia- " ment; as did clearly appear by his lllajesty's own " declaration of his intentions therein, by his llles- " sages to both houses, immediately before and after " that journey. Nor could they believe, that any " man, \v ho should consider the circumstances of " that journey to Hull, could think, that his ll1ajesty " would have gone thither at that time, and in that " posture that he was pleased to put hinlself in to- " wards the parliament, if he had intended only a " visit of the town and magazine. 2. " It was said to be his Inajesty's own town, " and his own magazine, which being understood in " that sense, as was before expressed, as if his ma- i condition.] conditions. BOOK V. 1642. 5 8 THE HISTORY 1642. " jesty bad a private interest of propriety therein, " they could not admit it to be so. 8. "\Vhich was the main point of all, sir John " Hotham was said to have shut the gates against " his majesty, and to have made resistance with " armed Inen, in defiance of his majesty; whereas it "was indeed in obedience to his majesty, and his " authority, and for his service, and the service of " the kingdom; for which use only, all that interest " is, that the king hath in the town; and it is no " further his to dispose of, than he useth it for that " end: and sir John Hotham being commanded to " keep the town and magazine, for his majesty and " the kingdom, and not to deliver them up, but by " his majesty's authority, signified by both houses of " parliament, all that was to be understood by those " expressions, of his denying and opposing his ma- "jesty's entrance, and telling him in plain terms, " that he should not come in, was only this, that he " humbly desired his majesty to forbear his entrance, "till he might acquaint the parliament; and that " his authority might come signified to him by both "houses of parliament, according to the trust re- " posed in hinl. And certainly, if the letter of the " statute of the 25 Edw. III. eh. 2, be thought to " import this; that no war can be levied against the " king, but what is directed and intended against is " person, or that every levying of forces, for the de- " fence of the king's authority, and of his kingdom, " against the personal commands of the king op- " posed thereunto, though accompanied with his pre- " sence, is levying \var against the king, it is very " far from the sense of that statute; and so luuch " the statute itself speaks, (besides the authority of BOOK V. OF THE REBELI ION. 5 9 " book cases; precedents of divers traitors condemn- " ed upon that interpretation thereof.) For if the "cl use of levying of war had been meant only " against the king's person, \vhat need had there " been thereof after the other branch of treason, in " the saIne statute, of compassing the king's death, " which would necessarily have inlplied this? And " because the former clause doth imply this, it seems " not at all to be intended in this latter branch; but " only the levying of ,val' against the king, that is, " against his laws and authority: and the levying of "war against his laws and aut.hority, though not " against his person, is levying war against the king; " but the levying of force against his personal com- " mands, though acconlpanied with his presence, and " not against his laws and authority, but in the main.. "tenance thereof, is no levying of war against the " king, but for him. " Here was then, they said, the. I' case: In a tinle " of so many successive plots, and designs of force " against the parliament and the kingdom; in a time " of probable invasion frOlTI abroad, and that t.o be- " gin at Hull, and to take the opportunity of seiz- " ing upon so great a magazine there; in a time of. "so great distance and alienation of his majesty's " affection from his parliament, (and in t.heln from " his kingdonl, which they represent,) hy the wicked " suggestions of a few malignant persons, by ,vhose " Inischievous counsels he was wholly led away from " his parliament, and their faithful advices and coun- " sels: in such a time, the lords and conl1110ns in " parliament COnll11and sir John Hothalll to dra\v in " some of the trained bands of the parts adjacent to " the town of Hull, for the securing that to,vn and VOL. II. 1\1 nl BOOK V. 1642. 530 THE IllS TORY 1642. " magazine for the service of his majesty, and of the " kingdom: of the safety,vhereof there is a higher " trust reposed in them, than any where else; and " they are the proper judges of the danger thereof. " This to,vn and magazine being intrusted to sir " John Hotham, with exp ess order not to deliver " then1 up, but by the king's authority, signified by "both houses of parliament; his majesty, contrary "to the advice and directions k of both houses of " parlialnent, ,vithout the authority of any court, or " any legal ,vay, wherein the law appoints the king "to speak and cOInmand, accoInpanied ,vith the " saIne evil council about him that he had before, by " a verbal cOInmand requires sir John Hotham to " admit him into the town, that he might dispose of "it, and of the magazine there, according to his " own, or rather according to the pleasure of those "evil counsellors, who are still in so much credit " about hÍ1n; in like manner as the lord Digby had " continual recourse unto, and countenance from, " the queen's majesty in Holland; by which means " he had opportunity still to cOInmunicate his trai- "torous conceptions and suggestions to both their " n1ajesties; such as those were concerning his Ina- " jesty's retiring to a place of strength, and declar- " ing hin1self, and his own advancing his majesty's " service in such a war beyond the seas, and after "that resorting to his majesty in such a place of " strength; and divers other things of that nature, " contained in his letter to the queen's Inajesty, and "to sir Lewis Dives; a person that had not the " least part in this late business of Hull, and was BOOK v. k dire('tion ] direction OF THE REBELI ION. 531 " presently despatched away into Holland, soon after " his lnajesty's return from Hull; for what purpose, " they left the ,vorld to judge. " Upon the refusal of sir John HothaIll to admit " his 111ajesty into Hull, presently, without any due " process of la,v, before his 111ajesty had sent up the " narration of his fact to the parliaIllent, he ,vas pro- " claÏ111ed traitor; and yet it was said, that therein "was no violation of the subject's rights, 1 nor any " breach of the law, nor of the privilege of parlia- " n1ent, though sir John Hothau1 be a n1ell1ber of " the house of C01111110nS; and that his majesty 111USt " have better reason, than bare votes, to belieye the " contrary; although the votes of the lords and com- " Inons in parlialnent, being the great council of the " kingdoIn, are the reason of the king, and of the " kingdom: yet these votes, they said, did not want " clear and apparent reason for theJn; for if the so- " lelnn proclailning him a traitor signify any thing, " it puts a l11an, and all those that any way aid, as- " sist, or adhere unto hinl, in the saIne condition of " traitors; and draws upon him all the consequences " of treason: and if that l1light be done by la,v, "without due process of la\v, the subject hath a " very poor defence of the law, and a very small, if " any, proportion of liberty thereby. And it is as "little satisfaction to a man, that hall be exposed " to such penalties, by that declaration of him to be " traitor, III to say, he shall have a legal trial after- " \vards, as it is to condemn a man first, and try him "afterwards. And if there could be a necessity for " any such proclaiming a man a traitor, without due 1 riahts ] ri g ht t> , . , m traitor,] a trRitor, Jf 111 2 BOOK V. 1642. BOOK v. J 642. 5g THE IIISTORY " process of la,v, yet there was none in this case; for " his 111ajesty n1ight as ,veIl have expected the judg- " ll1ent of parliament, (,vhich ,vas the right way,) as " he had leisure to send to thelTI to den1and justice " against sir John HothalTI. And the breach of pri- "vilege of parliament was as clear in this case, as " the subversion of the subject's C01111110n right: for, " though the privileges of parlial11ent do not extend "to those cases, mentioned in the declaration, of " treason, felony, and breach of peace, so as to ex-. " elTIpt the l11embers of parliament froln punishillent, " nor fron1 all n1anner of process and trial, as it doth " in other cases; yet it doth privilege them in the " way and method of their trial and punishlnent; " and that the 'parlialnent should have the cause first " brought before theIn, that they l11ay judge of the "fact, and of the grounds of the accusation, and " ho,v far forth the manner of their trial luay con- " cern, or not concern, the privilege of parlial11ent. " Otherwise it would he in the power, not only of " his majesty, but of every private l11an, under pre- " tensions of treasons, or those other crÏ1nes, to take " any man from his service in parliament; and so as " many one after another as he pleaseth; and, con- "sequently, to make a parlianlent what he ,viU, " when he will; \vhich would be a breach of so es- " sential a privilege of parliament, as that the very "being thereof depends upon it. And therefore "they no ways doubted but everyone, that had "taken the protestation, ,vould, according to his " solemn VO\V and oath, defend it with his life and " fortune. Neither did the sitting of a parliament " suspend all, or any la\v, in maintaining that la,v, " which upholds the privilege of parliall1ent; which OF THE REBELLION. 533 " l1pho]ds the parliament; which upholds the king- "dom. And they were so far from believing, that "his majesty was the only person against whom "treason could not be committed, that, in some " sense, they ackno,v ledged he was the only person " against Wh0111 it could be cOll1mitted; that is, as " he is king: and that treason, which is against the " kingdoln, is more against the king, than that which " is against his person; because he is king: for that " very treason is not treason, as it is against him as " a luan, but as a man that is a king; and as he " hath relation to the kingdoln, and stands as a per- "son intrusted with the kingdoln,' and discharging " that trust. " N O\V, they said, the case was truly stated, and " all the world nlight judge \vhere the fault was; " although they must avow, that there could be no " conlpetent judge of this, or any the like case, but " a parIialnent. And they were as confident, that " his nlajesty should never have cause to resort to " any other court, or course, for the vindication of " his just }Jrivileges, and for the recovery and Inain- "tenance of his kno\vn and undoubted rights, if " there should be any invasion or violation thereof, " than to his high court of parIialnent: and, in case " those wicked counsellors about him should drive " hÍ1n into any other course fron1 and against his " parlialnent, whatever his majesty's expressions and " intentions were, they should appeal to all men's " consciences; and desire, that they would lay their "hands upon their hearts, and think with them- " selves, whether such persons, as had of late, and " still did resort unto his majesty, and had his ear " and favour lllost, either had been or were more 1\1 111 :3 BOOK v. 1642. 534 THE HI8'rOllY 1642. " zealous assertors of the true protestant profession, " (although they believed they '\vere more earnest in " the protestant profession than in the protestant re- " ligion,) or the la\v of the land, the liberty of the " subject, and the privileges of the parlianlent, than " the men1bers of both houses of parliament; who " were insinuated to be the deserters, if not the "destroyers of then1: and whether, if they could " Inaster this parlianlent by force, they would not " hold up the saIne power to deprive us of all par- " liaments; which are the ground and pillar of the " subject's liberty, and that which only maketh Eng- " land a free nlonarchy. " For the order of assistance to the cOlnnlittee of , both houses, as they had no directions or instruc- "tions n , but what had the hnvs O for their limits, " and the safety of the land for their ends, so they " doubted not but all persons mentioned in that 01'- "del', and all his majesty's good subjects, '\vollld "yield obedience to his majesty's authority, signi- " tied therein by both houses of parlianlent. And u that all men nlight the better kno'\v their duty , in matters of that nature, and upon ho\v sure a " ground they go, that follow the judglnent of par- " lialnent for their guide, they '\vished then1 judi- n ciously to consider the true Ineaning and ground " of that statute made in the eleventh year of king " Hen. VII. ch. 1. '\vhich was printed at large in " the end of his lnajesty's message of the fourth of " l\iay: that statute provides, that none ,vho shall " attend upon the king, and do hÍ1n true ser\Tice, "should be attainted, or forfeit any thing. 'Vhat BOOK v. n or instructions] Not in lJ-IS. o laws] law OF 'l'HE REBELLION. 535 " was the scope of that statute? To provide that "men should not suffer as traitors, for serving the " king in his \vars according to the duty of their " allegiance? If this had been all, it had been a " very needless and ridiculous statute. 'Vas it then " intended, (as they seen1ed to take the meaning of " it to be, that caused it to be printed after his n1a- " jesty's Inessage,) that they should he free froln all "crime and penalty, that should follo,v the king, " and serve hin1 in war in any case whatsoever; " whether it were for or against the kingdom, and "the la\vs thereof? That could not be; for that " could not stand with the duty of their allegiance; ",vhich, in the beginning of the statute, was ex- " pressed to be to serve the king for the tilue being " in his 'val'S, for the defence of him and the land; " and therefore if it be against the land, (as it can- " not be understood to be other,vise, if it be against "the parlialnent, the representative body of the " kingdon1,) it is a declining from the duty of alle- " giance; which this statute supposeth may be done, " though men should follow the king's person in the ,,' war: other\vise there had been no need of such a " proviso in the end of the statute, that none should " take the benefit thereby, that should decline from " their allegiance. That therefore which is the prin- " cipal verb in this statute is, the serving of the king " for the tilHe being; which could not be meant ofp " Perkin "\tVarbeck, or an y that should call himself " king; but such a one, as, whatever his title n1ight " prove, either in himself or in his ancestors, should P of] of a I nl -=' BOOK v. 1642. 536 'l"HE HIS'rOR\ 1642. "be received and acknowledged for such by the " kingdom; the consent ,,,hereof cannot be discern- "ed but by parlian1ent; the act 'v hereof is the act " of the "Thole kingdoln, by the personal suffrage of " the peers, and the delegate consent of all the COlll- " mons of England. " And Henry VII. a wise king, considering q that " what ,vas the case of Rich. III. his predecessor, " might, by chance of battle, be his own; and that " he Inight at once, by such a statute as this, satisfy "such as had served his predecessor in his ,val'S, " and also secure those which should serve him, who " 11light other,vise fear to serve him in the wars; " lest, by chance of battle, that might happen to hin1 " also, (if a duke of York had set up a title against " him,) ,vhich had happened to his predecessor, he "procured this statute to be 111ade; that no 111an " should be accounted a traitor for serving tIle king, " in his 'val'S, for the time being, that is, which was " for the present allowed and received by the parIia- " ment in behalf of the kingdom: and, as it is truly " suggested in the preamble of the statute, it is not " agreeable to reason or conscience, that it should " be otherwise; seeing Inen should be put upon an " impossibility of knowing their duty, if the judg- "ment of the highest court should not be a rule " and guide to them. And if the judgment thereof " should not be fonowed, where the question is, who " is king? much more, what is the best service of " the king and kingdom? And therefore those, who " should guide then1selves by the judgment of par- BOOK v. q considering] Omitted in lJ'IS. OF 'rHE REBELLION. 537 " liament, ought, whatever happen, to be secure and BOOK "free from all account and penalties, upon the _ v. " grounds and equity of this very statute. 1642. " They said, they would conclude, that although "those wicked counsellors about his majesty had " presumed, under his majesty's name, to put that " dishonour and affront upon both houses of parlia- " ment; and to Inake them the countenancers of " treason, enough to have dissolved all the bands " and sinews of confidence between his Dlajesty and "his parliament, (of wholn the maxim of the law "is, that a dishonourable thing ought not to be "imagined of them,) yet they doubted not, but it " should, in the end, appear to all the world, that " their endeavours had been most hearty and sin- " cere, for the maintenance of the true protestant " religion; the king's just prerogative; the laws " and liberties of the land; and the privileges of " parlianlent: in which endeavours, by the grace of " God, they would still persist, though they should " perish in the work; which if it should be, it ,vas " much to be feared, that religion, laws, liberties, " and parliaillents, would not be long lived after " theIn." This declaration wrought more upon the minds of l11en, than all that they had done; for the business at Hull was, by very many, thought to be done be- fore projected; and the argument of the militia to be entered upon at first in passion, and afterwards pursued with that vehemence, insensibly, by being engaged; and that both extravagances haa so much ,veighed down the king's trespasses, in coming to the house and accusing the menlbers, that a reasonable agreelnent would have been the sooner consented to 598 'rHE HISTORY BOO K on all hands. But when, by this declaration, they v. sa\v foundations laid, upon ,vhich not only ,vhat had 1642. been already done \vould be ,veIl justified, but \vhat- soever they should, hereafter, find convenient to se- cond ,vhat ,vas already done; and that not only the king, but the regal power, ,vas either suppressed, or deposited in other hands; the irregularity and 111011- strousness of ,vhich principles found little oppositiol1 or resistance, even for the irregularity and monstrous- ness: very lnany thought it as unsafe to be present at those consultations, as to consent to the conclu- sions; and so great numbers of the lnembers of both houses absented themselves; and n1any, especially of the house of peers, resorted to his o1ajesty at York. So that, in the debates of the highest consequence, there ,vas r not usually present, in the house of com- mons, the fifth part of their just nU111bers; and, very often, not above a dozen or thirteen in the house of }Jeêrs. In the lnean tin1e the king had a full court, and received all COIners ,vith great clelnency and grace; calling always all the peers to council, and comn1unicating \\Tith thelTI all such declarations, as s he thought fit to publish in ans\ver to those of the parlialnent; and alllnessages, and ,vhatever else ,vas necessary to be done for the improvelnent of his con- dition: and, having now the great seal with him, is- sued such proclalnations, as ,vere seasonable for the preservation of the peace of the kingdo111. First he published a declaration in answer to that of the nine- teenth of May, in ,vhich his 111ajesty said: His majes- " That if he could be weary of taking any pains ':l l( :\ _ " for the satisfaction of his people, and to undeceive r was] were 8 as] Not in iUS. OF 'THE REBELLION. 539 " them of those specious, mischievous infusions, which BOO K v. " were daily instilled into them, to shake and corrupt " their loyalty and affection to his majesty and his rat o :; he " governnlent, after so full and ample declaration ofnineteenth of May. " himself and intentions, and so fair and satisfactory " answers to all such Inatters as had been objected " to hinl, by a major part present of both houses of " parliament, he Inight \vell give over that labour of " his pen; and sit still, till it should please God to " enlighten the affections and understandings of his " good subjects on his behalf, (which he doubted not, " but that, in his good time, he would do,) that they " luight see his sufferings were their sufferings: but " since, instead of applying themselves to the 111ethod, " proposed by his majesty, of making such solid par- , ticular propositions, as nlight establish a good un- " derstanding between thenl, or of follo\ving the ad- " vice of his council of Scotland, (with ,vhom they " cOlllmunicated their affairs,) in forbearing all means " that might Inake the breach ,vider, and the ,vound " deeper; they had chosen to pursue his majesty " \vjth new reproaches, or rather to continue and " improve the old, by adding, and varying little cir- " cumstances and language, in matters forlnerly urg- " ed by them, and fully ans\vered by his 111 ajesty , he " had prevailed ,vith himself, upon very luature and " particular consideration of it, to ans\ver the late "printed book, entitled a Declaration or Renlon- " strance of the Lords and COllunons, \vhich ,vas 01'- " dered, the nineteenth of May last, to be printed " and published; hoping then, that they would put " his 111ajesty to no more of that trouble, but that " that should have been the last of such a nature " they would have cOlnmul1icated to his people; and 540 THE HISTORY 1642. " that they would not, as they had done since, have " thought fit to assault him with a newer declara- " tion, indeed of a very new nature and learning; " which should have another answer: and he doubt- " ed not, but that his good subjects would, in short " tiole, be so well instructed in the differences and " mistakings bet,veen them, that they would plainly " discern, ,vithout resigning their reason and under- " standing to his prerogative, or the infallibility of a " now Iuajor part of both houses of parliament, (in- << fected by a fe,v lualignant spirits,) ,vhere the fault ,t was. " His majesty said, though he should, with all hu- " mility and alacrity, be always for,vard to acknow- "ledge the infinite mercy and providence of AI- " mighty God, vouchsafed, so many several ,vays to " himself and this nation; yet, since God himself " doth not allow, that we should fancy and create " dangers to ourselves, that ,ve might nlanifest and " publish his mercy in our deliverance; he must pro- " fess, that he did not kno,v those deliverances, Inen- " tioned in the beginning of that declaration, fronl " so many ,vicked plots and designs, since the begin- " ning of this parlianlent, which, if they had taken " effect, would have brought ruin and destruction "upon this kingdom. His majesty well knew the " great labour and skill, which had been used to " amuse and affright his good subjects with fears and " apprehensions of plots and conspiracies; the several " pamphlets published, and letters scattered up and " down, full of such ridiculous, contemptible ani mad- " versions to that purpose, as (though they found, for "\vhat end God kno,vs, very unusual countenance) "no sober luan would be moved with theln. But, BOOK v. OF THE REllELLION. 541 " he n1ust confess, he had never heen able to inform "himself of any such pernicious, formed design " against the peace of the kingdom, since the begin- " ning of this parliament, as ,vas n1entioned in that "declaration, or which n1ight be any warrant to " those great fears, both houses of parliament seemed " to be transported ,vith; but he had great reason " to believe, that more mischief and danger had been " raised and begotten, to the disturbance of the king- " dom, than cured and t prevented, by those fears and "jealousies. And therefore, ho,vever the rUll10ur " and discourse of plots and conspiracies lnight have "been necessary to the designs of particular n1en, " they should do well not to pay any false devotions " to Almighty God, ,vho discerns whether our dan- " gel's are real or pretended. " For the bringing up of the arnlY to London, as " his majesty had heretofore, by no other direction " than the testimony of a good conscience, called " God to witness, that he never had, or knew of, any " such resolution; so he said, upon the view of the " depositions now published with that declaration, it " was not evident to his lnajesty, that there was ever " such a desj gn; unless every loose discourse, or ar- " gun1ent, be evidence enough of a design: and it "was apparent, that what had been said of it, was "near three months before the discovery to both "houses of parliament; so that if there ,vere any " danger threatened that way, it vanished without " any resistance, or prevention, by the wisdom, pow- " er, or authority of them. "It seemed the intention of that declaration, t and] or BOOK v. 1642. BOOK v. 1642. .54 THE HISTORY " "rhatsoever other end it had, was to answer a de- "claration they had received from his majesty, in " answer to that which ,vas presented to his 111ajesty " at Newmarket, the ninth of l\larch last; and like- "wise his U answer to the petition of both houses, " presented to him at York, the t\venty-sixth of " March: but, before it fell upon any particular of " his n1ajesty's declaration or ans\ver, it con1plail1ed "that the heads of the 111alignant party had, \vith " n1uch art and industry, advised him to suffer divers "unjust scandals and illlputations upon the parlia- " TIlent, to be published in his name, \vhereby they " might make it odious to the people, and, by their "help, destroy it: but not instancing in anyone " scandal, or imputation, so published by his l11ajes- " ty, he "ras, he said, still to seek for the heads of " that n1alignant party. But his good subjects \vould " easily understand, that if he 'v ere guilty of that " aspersion, he lnust not only be active in raising "the scandal, but passive in the mischief begotten " by that scandal, his 111ajesty being an essential " part of the parlialnent; and he hoped the just de- " fence of hÎlnself and his authority, and the neces- " 8ary vindication of his innocence and justice, fro1l1 "the ilnputations laid on hin1, by a Inajor part "then present of either or both houses, should no " more be called a scandal upon the parliament, than " the opinion of such a part be reputed an act of par- " lial11ent: and he hoped his good subjects ,vould " not be long misled, by that common expression in " all the declarations, wherein they usurp the \vord " parlian1ent, and apply it to countenance any reso- u hi5] to his OF THE REBELLION. 543 " lution or vote some fe\v had a Inind to nlake, by "calling it the resolution of parliament; which "could never be ,vithout his majesty's consent; " neither could the vote of either or both houses " 111ake a greater alteration in the la,vs of the king- " dom, (so solenlnly made by the advice of their pre- " decessors, ,vith the concurrence of his lllajesty and " his ancestors,) either by comnlanding or inhibiting " any thing, (besides the kno\vn rule of the law,) " than his single direction or lnandate could do, to " ,vhich he did not ascribe that authority. " But that declaration informed the people, that " the Inalignant party had dra,vn his majesty into " the northern parts, far fronl his parlian1ent. It " might, his majesty said, more truly and properly "have said, that it had driven, than drawn him " thither; for, he confessed, his journey thither (for "\vhich he had no other reason to be sorry, than " with reference to the cause of it) was only forced "upon hin1, by the true malignant party; which " contrived and countenanced those barbarous tu- " mults, and other seditious circumstances, of \vhich " he had so often complained, and hereafter should " say more; and \vhich indeed threatened so nluch " danger to his person, and laid so llluch scandal " upon the privilege and dignity of parliament, that " he wondered it could be mentioned without blushes " or indignation: but of that anon: but why the ma- " lignant party should be charged with the x causing " a press to be transported to York, his nlajesty said, " he could not imagine; neither had any papers or " uTitings issued from thence, to his knowledge, but x the] Not ill 1JJS. BOOK v. 1642. BOOK v. ) 642. 544 1.."'HE HISTORY " what had been extorted fronl hinl by such provo- " cations, as had not been before offered to a king. " And, no doubt, it would appear a 1110st trivial and " fond exception, ,vhen all presses \vere open to vent " ,vhatsoever they thought fit to say to the people, " (a thing un\varranted by former custoln,) that his " majesty should not make use of all lawfullneans, "to publish his just and necessary answers there- "unto. As for the authority of the great seal, " (though he did not know that it had been neces- " sary to things of that nature,) the same should be " more frequently used hereafter, as occasion should " require; to which he nlade no doubt, but the " greater and better part of his privy council \vould " concur; and whose advice he was resolved to fol- " low, as far as it should be agreeable to the good " and welfare of the kingdolll. "Before that declaration vouchsafed to insist " upon Y any particulars, it ,vas pleased to censure "both his majesty's declaration and ans\ver to be " filled with harsh censures, and causeless charges " upon the parlianlent z , (still 111isapplying the \vord " parlialnent to the vote of both houses,) concerning " which they resolve to give satisfaction to the king.. " dom, since they found it very difficult to satisfy " his majesty. If, as in the usage of the word par- "Hament, they had left his majesty out of their " thoughts; so by the ,vord kingdoln, they intended "to exclude all his people \vho \vere not \vithin " their walls, (for that was gro\vn another phrase of " the til11e, the vote of the major part of both houses, " and sometimes of one, "Tas no,v called the resolu- Y upon] on z parliament] Omitted in IJIS. OF THE REBELLION. 545 " tion of the whole kingdom,) his majesty believed, " it might not be hard to give satisfaction to them- " selves; other,vise he was confident, (and, he said, " his confidence proceeded from the uprightness of " his o,vn conscience,) they ,vould never be able so " to sever the affections of his 111ajesty and his king- " dom, that what could not be satisfaction to the " one, should be to the other: neither would the " style of humble, and faithful, and telling his nla- " jesty that they will make him a a great and glo- " rious king, in their petitions and remonstrances, " so deceive his good subjects, that they would pass " over the reproaches, threats, and nlenaces they ",vere stuffed with; "\vhich surely could not be " more gently reprehended by his majesty, than by " saying, their expressions were different from the " usual language to princes; which that declaration " told him he had no occasion to say: but he be- "lieved, whosoever looked over that declaration, " presented to hin1 at Newmarket, to \vhich his was " an answer, would find the language throughout it " to be so unusual, that, before this parliament, it " could never be paralleled; whilst, under pretence " of justifying their fears, they gave so much coun- " tenance to the discourse of the rebels of Ireland, "as if they had a ll1ind his good su hjects should " give credit to it: otherwise, being warranted by " the same evidence, which they have since published, " they would have as well declared, b that those re- "bels publicly threaten the rooting out the C nallle " f the English, and that they will have a king of a him] his majesty b they would have as well de- VOL. II. clared ] Not in IJ.IS. c the] of the Nn BOOK v. 1642. BOOK v. ] 642. 546 THE HISTORY " their o,vn, and no longer be governed by his llla- " jesty, as that they say, that they do nothing, but "by his majesty's authority; and that they call " themselves the queen's army. And therefore he "had great reason to comp ain of the absence of " justice and integrity in that declaration; besides " the unfitness of other expressions. " Neither did his Inajesty Inistake the substance, " or logic of their message to hinl, at Theobalds, " concerning the militia; ,vhich ,vas no other, and " 'was stated to be no other, even by that declaration " that reproved him, than a plain threat, that if his "majesty refused to join with thenl, they would " Inake a la,v ,vithout him d: nor had the practice " since that tilne been other; which would never be " justified to the nlost ordinary if not partial e und r- " standings, by the mere averring it to be according " to the fundamental laws of this kingdom, without " giving any directions, that the most cunning and "learned Inen in the laws might be able to find " those foundations. And he would appeal unto all " the ,vorld, ,vhether they might not, ,vith as much " justice, and by as much law, have seized upon the "estate of every member of both houses, who dis- "sented from that pretended ordinance, (,vhich " much the Inajor part of the house of peers did, " two or three several times,) as they had invaded "that po,ver of his over the militia, because he, " upon reasons they had not so much as pretended " to ans,ver, refused to consent to that proposition. " And if no better effects, than loss of time, and " hinderance of the public affairs, had been found by d him] his majesty e if not partial] Not in MS. OF THE REBELLION. 547 ,e his answers and replies, all good ll1en might judge " by whose default, and ,vhose ,vant of duty, such " effects had been; for as his end, indeed his only " end, in those answers and replies, had been the " settlement and composure of public affairs; so, he " ,vas assured, and most nlen did believe, that if " that due regard and reverence had been given to " his words, and that consent and obedience to his " counsels, ,vhich he expected, there had been, be- "fore that time, a cheerful caltn upon the face of " the \vhole kingdolll; every 111an enjoying his o,vn, "with all possible peace and security that can be " irnagined; which surely those men did not desire, "who (after all those acts of justice and favour "passed by hhn this parliament; all those suffer- " ings and affronts endured and undergone by him) " thought fit still to reproach him ,vith ship-Inoney, " coat and conduct-money, and other things so abun- " dantly declared, as that declaration itself confessed, "in the general remonstrance of the state of the " kingdom, published in November last; ,vhich his " majesty wondered to find now avo,ved to be the "ren1onstrance of hoth houses; and which, he was " sure, was presented to hhn only by the house of " commons; and did never, and, he ,vas confident, " in that time could never have passed the house of " peers; the concurrence and authority of,vhich was " not then thought necessary. Should his majesty "believe those reproaches to be the voice of the "kingdom of England, that all his loving subjects " eased, refreshed, strengthened, and abundantly sa- " tisfied with his acts of grace and favour towards " thenl, were willing to be involved in those un- Nn2 BOOK V. 1642. BOOK v. 1642. 548 THE HIST.ORY "thankful expressions? He would appeal to the " thanks and acknowledgn1ents published in the pe- -" titions of 1110st of the counties of England; to "the testiulony and thanks he had received from "both houses of parliament; ho,v seasonable, how " agreeable that usage was to his majesty's Inerit, or " their former expressions. " His majesty said, he had not at all swerved " or departed from his resolutions, or words, in the " beginning of this parliament; he had said, he ,vas " resolved to put himself freely and clearly upon the " love and affection of his English subjects; and he " said so still, as far as concerns England. And he " called Ahnighty God to ,vitness, all his complaints " and jealousies, which had never been causeless, nor " of his ho_uses of parliament, (but of some few schis- " 111atical, factious, and ambitious spirits; and upon " grounds, as he feared, a short tin1e would justify " to the ,vorld,) his denial of the militia, his absent- "ing himself froin London, had been the effects " of an upright and faithful affection to his English " subjects; that he Dlight be able, through aU the "inconveniences he 111ight be compelled to wrestle " with, at last to preserve and restore their religion, " la,vs, and liberties unto theine "Since the proceeding against the Lord Kim- "holton, and the five tnembers, was still looked " upon, and so often pressed, as so great an advan- " tage against his n1ajesty, that no retractation made " by him, nor no action, since that time committed " against hit11, and the law of the land, under the " pretence of vindication of privilege, could satisfy "the contrivers of that declaration, but that they OF THE IlEBELLION. 549 " ,vould have his good subjects believe, the accusa- " tion of those six f members must be a plot for the " breaking the neck of the parliament, (a strange " arrogance, if any of those lnembers had the pen- , ning of that declaration,) and that it ,vas so often " urged against hin1, as if by that single, casuallnis- " take of his, in form only, he had forfeited all duty, " credit, and allegiance fronl his people, he said, he " would, without endeavouring to excuse that, which " in truth was an error, (his going to the house of " cOlnmons,) give his people a full and clear narra- " tion of the matter of fact; assuring himself, that " his good subjects would not find his carriage, in " that business, such as had been reported. " His majesty said, that when he resolved, upon " such grounds, as, when they should be published, "would satisfy the world, that it was fit for his " o,vn safety and honour, and the peace of the king- "dom, to proceed against those persons; though, " he well knew, there ,vas no degree of privilege in " that case; yet, to shew his desire of correspond- " ence with the two houses of parlialnent, he chose " rather than to apprehend their persons by the or- " dinary ministers of justice, (which, according to " the opinion and practice of former tilnes, he might " have done,) to command his attorney general, to " acquaint his house of peers ,vith his intention, and " the general matters of his charge, (which \vas yet " more particular, than a mere accusation,) and to " proceed accordingly; and at the sanIC tin1e sent " a sworn servant, a sergeant at arlTIS, to the house " of commons, to acquaint them, that his majesty f six] five NnS BOOK V. 1642. BOOK v. 1 642. 550 THE HISTORY "did accuse, and intended to prosecute, the five " members of that house for high treason; and did "require, that their persons might be secured in "custody. This he did, not only to she,v that he " intended not to violate or invade their privileges, " but to use nlore cerenlony to\vards thenl, than he "then conceived in justice might be required of " him; and expected at least such an answer, as " might inform him, if he were out of the way; but "he received none at all; only, in the instant, " ",vithout offering any thing of their privileges to "his consideration, an order ,vas made, and the " same night published in print, that if any person " 'v hatsoever should offer to arrest the person of " any rnenlber of that house, without first acquaint- " ing that house therewith, and receiving further " order fronl tl1at house, that it should be la,,-ful for " such member, or any person, to resistg them, and " to stand upon his or their guard of defence; and " to Inake resistance, according to the protestation " taken to defend the privileges of parlianlent: and " this was the first time that he heard the protesta- " tion nlight be "rrested to such a sense, or that in " any case, though of the Inost undoubted and un- " questionable privilege, it Inight be la,vful for any "person to resist, and use violence against a pub- "lic 111inister of justice, arlned with la,vful au- " thority; though his majesty.,vell knew, that even " such a minister nlight be punisl1ed for executing " such authority. " Upon viewing that order, his lnajesty confessed, " he was sOlne\vhat an1azed, having never seen or g resist] assist OF THE REBELLIO . 551 "heard of tbe like; though he had known lnelll- " hers of either house con1mitted, without so much " formality as he had used, and upon crÍlnes of a far "inferior nature to those he had suggested; and " having no course proposed hÎ1n for his proceeding, " he was, upon the nlatter, only told, that against " those persons he ,vas not to proceed at all; that " they were above his reach, or the reach of the "law. It ,vas not easy for hÎ1n to resolve \vhat to " do: if he en1ployed his ll1inisters of justice in the "usual ,yay for their appl'lehension, who without " doubt would not have refused to have executed " his ]awful con1mands, he sa\v what opposition, and " resistance, was like to be Inade; which, very pro- " bably, might have cost SOine blood: if he sat still, " an desisted upon that terror, he should, at the " best, have cònfessed his own ,vant of po,ver, and " the weakness of the law. In that strait, he put "on a sudden resolution, to try whether his own " presence, and a c]ear discovery of his intention, h " which happilyi n1ight not have been so well un- " derstood, could relllove those doubts, and prevent " those inconveniences, which seemed to have been " threatened; and tbereupon he resolved to go, in " his own person, to the house of commons ; 'v hich " he discovered not, till the very minute of his go- " ing; when he sent out orders k, that his servants, "and such gentleinen as were then in his court, "should attend hÍln to \Vestn1inster; but giving " then1 express cOlnn1and, as he had expressed in " his answer to the ordinance, that no accidents, or h intention,] intentions, i happily] haply k orders] Not in ìtlS. xn4 BOOK v. 1642. BOOK v. ) 642. 552 THE IIISTORY " provocation, should dra\v them to any such action, " as might imply a purpose of force in his majesty; " and himself, requiring those of his train not to " come within the door, ,vent into the house of COill- " mons; the bare doing of which, he did not then " conceive, \vould have been thought more a breach " of privilege, than if he had gone to the house of " peers, and sent for them to come to him: which " was the usual custom. " He used the best expressions he could, to assure "them how far he was fronl any intenti;n of vio- "lating their privileges; that he intended to pro- " ceed legally and speedily against the persons he " had accused; and desired therefore, if they were " in the house, that they might be delivered to hin1 ; "or if absent, that such course might be taken for " their forthcon1ing, as n1ight satisfy his just de- " mands; and so he departed, having no other pur- " pose of force, if they had been in the house, than " he had before protested, before God, in his ans\ver " to the ordinance. They had an account no\v of " his part of that story fully; his people ll1ight judge " freely of it. 'Vhat followed on their part, (though "that declaration said, it could not withdraw any "part of their reverence and obedience from his " majesty; it might be any part of theirs it did " not,) he should have too much cause hereafter to " inform the \vorld. " His majesty said, there \vould be no end of this I " discourse, and of m upbraiding hin1 with evil coun. "sellors, if, upon his constant denial of kno'\\;ÏIJg " any, they \vould not vouchsafe to inforn1 hÎ1n of 1 this] the m of] Not in MS. OF THE REBELLION. 553 " them; and after eight months amusing the king- " dom with the expectation of the discovery of a ma- " lignant party, and of evil counsellors, they would " not at last name any, nor describe them. Let the " actions or n lives of men be exanlined, who had " contrived, co nselled, actually consented to grieve "and burden his people; and if such were now " about his majesty, or any against whonl any no- "torious, malicious crime could be proved, if he " sheltered and protected any such, let his injustice " be published to the world: but till that were done, " particularly, and manifestly, (for he should never "conclude any man upon a bare, general vote of "the major part of either, or both houses, till it "were evident, that that major part was without " passion or affection,) he must look upon the charge " that declaration put upon him,o of cherishing and " countenancing a discontented party of the king- " dOln against them, as a heavier and unjuster tax " upon his justice and honour, than any he had, or "could lay, upon the fran1ers of that declaration. "And now, to countenance those unhandso111e ex- " pressions, whereby they usually hadp inlplied his "majesty's connivance at, or want of zeal against, " the rebellion of Ireland, (so odious to all good " men,) they had found a new way of exprobration : " that the proclamation against those bloody trai- "tors came not out, till the beginning of January, "though that rebellion broke q out in October, and " then, by special cOllunand fron1 his n1ajesty, but " forty copies were appointed to be printed. His HOOK v. ] 642. n or] of o upon him,] on him, P whereby they usually hadJ whereby USU \ny they had q broke] brake 554 THE HISTORY 1642. " majesty said, it was ,veIl kno,vn where he was at " that time, ,vhen that rebellion broke r forth; in " Scotland: that he immediately, froln thence, re- "commended the care of that business to both "houses of parliament here, after he had provided " for all fitting supplies fr0111 his kingdon1 of Scot- " land: that, after his return hither, he observed all " those forn1s for that service, ,vhich he ,vas advised " to by his council of Ireland, or both houses of par- " liament here; and if no proclamation issued out " sooner, (of ,vhich, for the present, he ,vas not cer- " tain; but thought that others, by his directions, " were issued before that tinle,) it was, because the "lords justices of the kingdom desired theln no " sooner; and when they did, the nUlnber they de... " sired was but t,venty; ,\\Thich they advised might " be signed by his majesty; which he, for expedi- " tion of the service, commanded to be printed; a " circun1stance not required by theln; thereupon he " signed Inore of them, than his justices desired; aU " which ,vas very well known to sonle nlembers of " one, or both houses of parliament; who had the "more to answer, if they forbore to express it at "the passing of that declaration; and if they did " express it, he had the greater reason to con1plain, " that so envious an aspersion should be cast on his " n1ajesty to his people, when they kne\v well how " to ans,ver their o\vn objection. "'Vhat that conlplaint ,vas against the parlia- " ment, put forth in his nanle, which \vas such an " evidence and countenance to the rebels, and spoke "the saIne language of the parlialnent which the BOOK v. r broke] brake OF 1.-'HE REBELLION. 555 " rebels did; he said he could not understand. All BOO K d v. " his answers and declarations ha been, and were, " o\vned by hill1self; and had been attested under 1642. " his o,vn hand: if any other had been published in " his name, and \vithout his authority, it ,vould be " easy for both houses of parliall1ent to discover and " apprehend the authors: and he \vished, that w ho- " soever ,vas trusted ,vith the dra\ving and penning " that declaration, had no more authority, or cun- " ning to in1pose upon, or deceive a Inajor part of "those votes, by \vhich it passed, than any n1an " had to prevail with his majesty to publish in his "name any thing, but the sense and resolution of "his o\vn heart; or that the contriver of that de- "claration could, with as good a conscience, call " God to witness, that all his counsels and endea- " yours had been free frOll1 all private aiu1s, per- " sonal respects or passions \vhatsoever, as his ma- " jesty had done, and did, that he never had, or " knew of any S such resolution of bringing up the " army to London. " And since that new device ,vas found out, in- "stead of ans\vering his reasons, or satisfying his "just delnands, to blast his declarations and an- " swers, as if they were not his o,vn; a bold, sense- " less in1putation; he said he was sure, that every " ans\ver and declaration, published by his majesty, " "Tas much more his o\vn, than anyone of those " bold, threatening, and reproachful petitions and "remonstrances, were the acts of either, or both "houses. And if the penner of that declaration " had been careful of the trust reposed in him, he s any] Not in 1118. 556 THE HIST'ORY 1642. " would never have denied, (and thereupon found t " fault with his nlajesty's just indignation,) in the " text or margent, that his majesty had never been " charged with the intention of any force; and that " in their whole declaration, there was no one word " tending to any such reproach; the contrary where- " of was so evident, that his majesty was, in ex- " press terms, charged in that declaration, that he " had sent them gracious messages, \vhen, ,vith his " privity, bringing up the army ,vas in agitation; "and, even in that declaration, they sought to " make the people believe SOine such thing to be "proved, in the depositions there\vith published; " wherein, his majesty doubted not, they would as " much fail, as they did in their censure of that pe- " tition, shewed formerly to his majesty by captain " Leg, and subscribed by him C. R. u which, notwith- " standing his majesty's full and particular narra- " tion of the substance of that petition, the circum- "stances of his seeing and approving it, that de- " claration was pleased to say, was full of scandal " to the parliament, and might have proved danger- " ous to the whole kingdoin. If they had that dan- " gerous petition in their hands, his majesty said, "he had no reason to believe any tenderness to- "wards him had kept them from communicating " it; if they had it not, his majesty ought to have "been believed: but that all good people might " compute their other pretended dangers by their "clear understanding of that, the noise whereof " had not been inferior to any of the rest, his ma- " jesty said, he had recovered a true copy of the BOOK v. t founù] have found U C. R.] with C R. OF THE REBELLION. 557 " very petition he had signed \vith C. R. which ." should, in fit time, be published; and which, he " hoped, would open the eyes of his good people. " Concerning his ,varrant for 1\11'. Jermyn's pas- " sage, his ans\ver was true, and full; but for his "black satin suit, and white boots, he could give " no account. " His majesty had c01l1plained in his declaration, " and, as often as he should have occasion to men- "tion his return, and residence near London, he " should complain, of the barbarous and seditious "tumults at \Vhitehall and '" estn1inster; which " indeed had been so full of scandal to his govern- " ment, and danger to his person, that he should " never think of his return thither, till he had jus- " tice for what ,vas past, and security for the time " to cOlne: and if there were so great a necessity, " or desire of his return, as was pretended, in all " this x titne, upon so often pressing his desires, and "upon causes so notorious, he should at least have " procured son1e order for the future. But that de- "claration told his majesty he was, upon the mat- " tel', mistaken; the resort of the citizens to West- " minster \vas as la\vful, as the resort of great num- " bel's every day in the term to the ordinary courts " of justice; they knew no tumults. Strange! was "the disorderly appearance of so many thousand " people, with staves and swords, crying through " the streets, \Vestminster-hal1, the passage between "both houses, (insomuch as the men1bers could " hardly pass to and fro,) No bisnojJs, (lown u,itll "the b ish OjJS, no tumults? \Vhat melnber was x thi ] Omitted in MS. BOOK v. 1642. 558 THE HIS1.'OH.Y 1642. " there of either house, that saw not those numbers, "and heard not those cries? And yet lawful as- " semblies ! '''ere not several Inembers of either " house assaulted, threatened, and evilly entreated? "And yet no tumults! '\Vhy made the house of " peers a declaration, and sent it do,vn to the house "of conlnlons, for the suppressing of tumults, if " there were no tUl11ults? And if there ,vere any, " why was not such a declaration consented to, and " published ? 'Then the attempts ,vere so visible, "and threats so loud to pull do,vn the abbey at "Westminster, had not his majesty just cause to " apprehend, that such people n1ight continue their "work to 'Vhitehall ? Yet no tumults! 'Vhat a " strange time are ,\\Te in, that a few Ï1npudent, ma- " licious (to give thenl no ,vorse term) men should " cast such a mist of error before the eyes of both "houses of parliament, as that they either could "not, or would not, see how manifestly they in- " jured theillselves, by maintaining those visible un- "truths. His 11lajesty said, he would say no more: " by the help of God and the law, he would have " justice for those tUlllults. "From excepting, ho\v weightily every man " lnight judge, to what his l11ajesty had said, that " declaration proceeded to censure him for what he " had not said; for the prudent 0111issions in his an- " s,ver: his majesty had forborne to say any thing " of the words spoken at Kensington; or the arti- "cles against his dearest consort, and the accusa- " tion of the six melnbers: of the last, his majesty " said, he had spoken often; and he thought, enough " of the other t\VO; but having never accused any, " (though God kne,v what truth there might be in BOOK v. OF '"fHE REBELLION. 559 " either,) he had no reason to give any particular " ans\ver. " He said, he did not reckon himself bereaved of " any part of his prerogative; ,vhich he ,vas pleased " freely, for a tin1e, to vart ,vith by bill; yet he " lllUst say, he expressed a great trust in his t\VO " houses of parliament, when he divested himself of "the po\\-er of dissolving this parlial11ent; which ",vas a just, necessary, and proper prerogative. " But he was glad to hear their resolution, that it " should not encourage thelll to do any thing which " other\vise had not been fit to have been done: if " it did, it would be such a breach of trust, as Y God " would require an account for at their hands. " For the militia, he had said so much of it z be- " fore, and the point was so well understood by all " men, that he ,vould ,vaste time no lllore in that "dispute. He never had said, there ,vas no such " thing as an ordinance, though he kne\v that they " had been long disused, but that there ,vas never " any ordinance, or could be any, without the king's " consent; and that ,vas true: and the unnecessary " precedent, cited in that declaration, did not offer " to prove the contrary. But enough of that; God " and the law must determine that business. " Neither had that declaration given his majesty " any satisfaction concerning the votes of the fif. " teenth and sixteenth of l\larch last a; which he " must declare, and appeal to all the world in the " point, to be the greatest violation of his n1ajesty's " privilege, the law of the land, the liberty of the " subject, and the right of parliament, that could be Y as] Not in MS. 'L. of it] in it a last] Not in MS. BOOK v. 1642. 560 THE HISTORY J 642. "imagined. One of those votes was, and there " would need no other to destroy the king and peo- " pIe, that when the lords and commons (it is well " the commons are admitted to their part in judica- " ture) shall declare what the law of the land is, " the same must be assented to, and obeyed; that " is the sense in few ,vords. 'Vhere is every Inan's " property; every man's liberty? If the Inajor part " of both houses declare, that the law is, that the " younger brother shall inherit ; what is become of " all the families and estates in the kingdom? If " they declare, that, by the fundamental laws b of "the land, such a rash action, such an unadvised " word, ought to be punished by perpetual impri- " sonment, is not the liberty of the subject, (lurante "beneplacito, remediless? That declaration con- "fesses, they pretend not to a power of making " new laws; that, without his majesty, they could " not do that: they needed no such power, if their " declaration could suspend this statute from being " obeyed, or C executed. If they had power to de- "clare the lord Digby's \vaiting upon d his majesty " at e Hampton-court, and thence visiting some of- " ficers at Kingston, with a coach and six horses, to " be levying of \var, and high treason; and sir John " Hothaln's defying his majesty to his face, keeping "his majesty's to\vn, fort, and goods against hhn, " by force of arms, to be an act of affection and loy- " alty; what needed a power of nlaking ne\v laws? " or would there be such a thing as la\v left? " He desired his good subjects to mark the rea- " son and consequence of those votes; the prog 'ess BOOK v. b laws] law c or] and d upon] on e at] to OF TIlE REBELLION. 561 'they had already Inade, and ho\v infinite the f "progress might be. First, they voted the king- " dom \vas in imminent danger (it was no,v above " three Il10nths since they discerned it) from ene- "mies abroad, and froln g a popish and disaffected h " party at home; that is nlatter of fact; the la \V " foIlo\vs: this vote had given thenl authority hy "law, the fundamental la\vs of the kingdom, to " order and dispose of the militia of the kingdolll ; " and, with this power, and to prevent that danger, "to enter into his majesty's towns, seize upon his "magazine, and, by force, keep both from him. " 'Vas not that his Inajesty's case? First, they vote " he had an intention to levy war against his parlia- " ment; that is nlatter of fact: then they declare " such as shall assist him, to be guilty of high trea- " son; that is the law, and proved by two statutes " themselves knew to he repealed. No rnatter for " that; they declare it. Upon this ground they " exercise the Inilitia; and so actually do that upon " his nlajesty, \vhich they had voted he intended to " do upon the In. 'Vho could not see the confusion " that must follo\v upon such power i of declaring? " If they should now vote that his nlajesty did not 4>, write this declaration, but that such a one did it, " which ,vas still nlatter of fact; and then declare, " that, for so doing, he \vas an enenlY to the com- " monwealth; what was become of the law that " man was born to? And if all their zeal for the " defence of the law were but to defend that which " they declared to be law, their own votes; it would " not be in their power to satisfy any Inan of their f the] that g from] Not in MS. VOL. II. h disaffected] discontented j such power] such a power 00 BOOK v. 1642. BOOK v. 1642. 56Q THE HISTOltY " good intentions to the public peace, but such who " were k willing to relinquish their I title to Magna " Charta, and hold their lives, m and fortunes, by a " vote of the n major part of both houses. In a "word, his majesty denied not, but they n1ight "have power to declare in a particlùar, doubtful " case, regularly brought before them, \vhat Jaw is : "but to Inake a general declaration, whereby the "known rule of the law might be crossed, or al- "tered, they had no power; nor could exercise " any, without bringing the life and liberty of the " subject to a la\vless and arbitrary subjection. "His majesty had cOlnplained (and the world " Inight judge of the justice and necessity of that " cOIn plaint ) of the multitude of seditious palnphlets " and sermons; and that declaration told hÍIn, they " kne,v he had ways enough in his ordinary courts " of justice to punish those; so, his lnajesty said, " he had to punish tumults and riots; and yet they " would not serve his turn to keep his towns, his " forests, and parks from violence. And it might "be, though those courts had still the power to " punish, they Inight have lost the skill to define, " what tumults and riots are; otherwise a jury in " Southwark, legally impanneled to exalnine a riot " there, would not have been superseded, and the " sheriff enjoined not to proceed, by virtue of an " order of the house of commons; which, it seemed, " at that tinle had the sole po\ver of declaring. But " it ,vas no wonder that they, who could not see " the tumults, did not consider the pamphlets and " sern10ns; though the author of the Prole.ytatioll k who were] as was I their] his 111 their lives,] his life, n the 1 a OF 'l'lHE REBELLION. 563 "protested were well known to be Burton, (that " infamous disturber of the peace of the church and " state,) and that he preached it at Westminster, in "the hearing of divers n1embers of the house of "commons. But of such pamphlets and seditious " preachers (divers whereof had been recommended, "if not imposed upon several parishes, by some "members of both houses, by ,vhat authority his " majesty knew not) he would hereafter take a fur- " ther account. "His majesty said, he confessed he had little " skill in the la,vs; and those that had had lllost, " he found now were much to seek: yet he could "not understand or believe, that every ordinary "court, or any court, had power to raise ,vhat "guard they pleased, and under ,vhat COlTIlnand " they pleased. Neither could he imagine, what " dangerous effects they found by the guard he ap- "pointed them; or indeed any the least occasion, " why they needed any 0 guard at all. " But of all the inlputations, so causelessly and "unjustly laid upon his Inajesty by that declara- " tion, he said, he must wonder P at that charge so " apparently and evidently untrue; that such \vere " continually preferred an d countenanced by hÍ1n, " who were friends 01' favourers, or }"elated unto the " chief authors and actors of that arbitrary po,vel' 'heretofore practised, and cornplained of: and, on " the other side, that such as did appear against it "were daily discountenanced and disgraced. He " said, he wouW know one person that contributed H to the ills of those times, or had dependence upon o any] a p Blust wonder] most wond('red 002 BOOK v. 1642. BOOK v. J 642. 564 TI-IE HISTORY "those that did, WhOlll he did, or lately had coun- " tenanced, or preferred; nay he was confident, (and " he looked for no other at their hands,) as they had " been always most eminent assertors of the public " liberties; so, if they found his lTIajesty inclined to " any thing not agreeable to honour and justice, " they \vould leave him to-morrow. ,,\rhether dif- " ferent persons had not, and did not receive coun- "tenance else\vhere, and upon \vhat grounds, all "nlen might judge; and whether his lnajesty had " not heen forward enough to honour and prefer "those of the most contrary opinion, ho\v little "comfort soever he had of those preferOlents, in " bestowing of ,vhich, hereafter, he ,vould he more " guided hy.-men's actions than opinions. And there- " fore he had good cause to bestow that adnlonitiol1 " (för his nlajesty assured thenl, it was an adnloni- " tion of his o\vn) upon both his houses of parlia- " ment,' to take heed of inclining, under the spc- " cious shows of necessity and danger, to the exercise " of such an arbitrary power, they before cOlnplain- " ed of: the advice ,vould do no harm, and he should " be glad to see it folIo,ved. " His majesty asked, if all the specious pron1ises, " and loud professions, of making him a great and a " glorious king; of settling a greater revenue upon "his nlajesty, than any of his ancestors had en- " joyed; of making him to be honoured at honle, " and feared abroad; \vere resolved into this; that " they \vould be ready to settle his revenue in an " honourable proportion, \vhen he should put hinl- " self in such a posture of governlTICnt, that his sub- " jects 111ight be secure to enjoy his just protection " for their religion, la\vs, and liberties? 'Vhat pos- OF THE REBELLION. 565 ". ture of government they intended, he knew not; " nor could he inlagine what security his good sub- "jects could desire for their religion, laws, and Ii.. " berties, which he had not offered, or fully given. ' And was it suitable to the duty and dignity of " both houses of parlialnent to answer his particular, " weighty expressions of the causes of his renlove " fron1 London, so generally known to t}1e kingdoln; " with a scoff; that they hoped he was driven froln " thence, not by his o,vn fears, but by the fears of " the lord Digby, and his retinue of cavaliers? Sure, " his majesty said, the penner of that declaration " inserted that ungrave and insolent expression, as " he had done divers others, without the consent or "examination of both houses; who would not so "lightly have departed from their former profes- " sions of duty to his majesty. " \Vhether the way to a good understanding Le- e' tween his n1ajesty and his people had been as zea- " Iou sly pressed by theIn, as it had been professed '10 and desired by him, would be easily discerned by ,,- them who observed that he had left no .public act " undone on his part, which, in the least degree, " might be necessary to the peace, plenty, and se- " curity of his subjects: and that they had not de- " spatchcd one act, which had given the least evi- " dence of their particular affection and kindness " to his nlajesty; but, on the contrary, had discóun- " tenanced and hindered the testimony other men " would give to him of their affections. 'Vitness " the stopping, and keeping back, the hill of subs i- " dies, granted by the ( lergy almost a year since; " which, though his personal wants \verc so notori- " ollsly kno\vn, they would not, to that time, pass; 003 BOOK v. ) 64 2 BOOK v. J 642. 566 THE HISTORY " so not only forbearing to supply his majesty them- " selves, but keeping the love and bounty of other " men from him; and affording q no other answers " to all his desires, all his reasons, (indeed not to be " answered,) than that he must not Inake his under- " standing, or reason, the rule of his government; " but suffer himself to be assisted (which his majesty "never denied) by his great council. He said, he "required no other liberty to his will, than the "meanest of them did, (he wished they would al- " ways use that liberty,) not to consent to any thing "evidently contrary to his conscience and under- " standing: and he had, and should always give as II much estin1ation and regard to the advice and "counsel of both houses of parliament, as ever "prince had done: but he should never, and he " hoped his people would never, account the con- "trivance of a few factious, seditious persons, a U malignant party, who would sacrifice the COJnmon- h wealth to their own fury and ambition, the ,vis- "dom of parliament; and that the justifying and " defending of such persons (of whom, and of their " particular, sinister ways, to compass their own bad " ends, his majesty would shortly inform the ,vorld) " was not the way to preserve parliaments, but was " the opposing, and preferring a few unworthy per- " sons, before their duty to their king, or their care " of the kingdom. They would have his majesty " remen1ber, that his resolutions did concern king- " doms, and therefore not to be n10ulded by his o\vn " understanding: he said, he did wcll ren1cmbcr it ; "but he would have then1 relnelnùcr, that when q affording] afforded OF THE REBELLION. 567 " their consultations endeavoured to lessen the of- " fice and dignity of a king, they n1eddled ,vith that "which is not ,vithin their detern1ination, and of " \vhich his majesty IlluSt give an account to God, " and his other kingdoills, and must Inaintain with " the sacrifice of his life. " Lastly, that declaration told the people of a pre- " sent, despel ate, and malicious plot the malignant " party was then acting, under the plausible notions " of stirring men up to a care of preserving the "king's prerogative; maintaining the discipline of "the church, upholding and continuing the reve- " rence and solemnity of God's service; and encou- " raging learning, (indeed plausible and honourable " notions to act any thing upon,) and that upon those " grounds divers mutinous petitions had been framed "in London, Kent, and other places: his majesty " asked upon ,vhat grounds these Inen would have "petitions framed? Had so ll1any petitions, even " against the form and constitution of the kingdom, " and the laws established, been joyfully received " and accepted? And should petitions fralned upon " those grounds be called n1utinous? Had a multi- " tude of U1ean, unkno,vn, inconsiderable, conteillp- " tible persons, about the city and suburbs of Lon- "don, had liberty to petition against the govern- " ment of the church; against the Book of C0111- " In on-Prayer ; against the freedolll and privilege of ,,, parliament; and been thanked for it; and should " it be called 111utiny, in the greatest r and best citi- " zens of London, and S the gentry and cOllllnonalty " of Kent, to franlc petitions upon those grounds; . r greatest] gravest S and] in 004 BOOK v. I G42. ... 568 THE HISTORY J 642. " and to desire to be governed by the known laws of "the land, not by orders and votes of either, or " both houses? Could this be thought the wisdoln " and justice of both houses of parlianlent ? 'Vas it "not evidently the ,vork of a faction, within or " without both houses, who deceived the trust re- " posed in them; and had no\v told his majesty what " mutiny was? To stir men up to a care of preserv- "ing his prerogative, lllaintaining the discipline of " the church, upholding and continuing the reve- " rence and solenlnity of God's service, encouraging " of learning, ,vas mutiny. Let heaven and earth, "God and man, judge between his nlajesty and " these men: and ho\vever such petitions were there " called mutinous; and the petitioners threatened, " discountenanced, censured, and imprisoned; if they " brought such petitions to his nlajesty, he \yould " graciously receive theln; and defend thenl, and " their rights, against what power soever, with the " uttermost hazard of his being. " His Inajesty said, he had been the longer, to his h very great pain, in this answer, that he might give " the world satisfaction, even in the most tlivial par- " ticulars, which had been objected against hinl; and " that he nlight not be again reproached, with any "1110re prudent olnissions. If he had been COln- "pelled to sharper language than his majesty af- " fected, it might be considered, how vile, how in- " sufferable his provocations had been: and, except " to repel force were to assault, and to give punctual " and necessary answers to rough and insolent de- " Inands, were to make invectives, he was confident " the world would accuse his majesty of too much " Inildness; and all his good subjects ,vould think, nOOK v. OF THE REBELLION. 569 " he was not well dealt with; and would judge of " his Inajesty, and of their own happiness, and secu- " rity in him, by his actions; which he desired might " no longer prosper, or have a blessing from God " upon them, and his Inajesty, than they should be " directed to the glory of God, in the maintenance " of the true protestant profession, to the preserva- ' tion of the property and liberty of the subject, in "the observation of the laws; and to the Inainte- " nance of the fights and freedom of parliament, in " the allowance and protection of all their just pri- " vileges." BOOK v. 1642. APPENDIX. APPENDIX, A. REFEI{RED TO IN PAGE 6. .. So when they assumed the power to control and reverS("I the licence and power granted by the king to the Spanish alnbassador.' for transporting four thousand Irish soldiers upon the disbanding that anny into Flanders, (as was be.. fore touched,) and to the French ambassador, for three thousand of the ann y disbanded here, for the service of that king; in debate whereof they used all licence to look into the Inysteries of state, and to weigh the interest of king- doms, of which very few of them could be competent con- siderers, though they had been qualified by authority. In these irregular and undutiful contests, the French anlbassa- dor, whose business was to foment the jealousies between the king and people, had insinuated himself into that li- bertyof transporting men for his Inaster's service, \vith no other design, than to be thereby enabled to contribute to- wards the affronting the king, by departing from it, to in- gratiate the houses; and, therefore, having very particular intercourse and correspondence with the prilne managers, as soon as upon their first addresses his majesty had signi- fied his engagelnent to the two kings, and that he could not in honour recede from what he had promised, he volun- tarily offered to acquit the king of that supply which con- cerned his Inaster, if his majesty would likewise retract \vhat was e:->pENDIX, I. for his preservation, and privy to all the resentments had been on his behalf, and so could not but remenlber many sharp sayings uttered in that time, was become a con- fidant in those counsels, and discovered whatsoever she had been trusted with. So that he had very few :6t to give him counsel, and none that would avow it ; the council-table being only a snare and a trap, to discover who durst think himself wise enough to preserve the public. In this restraint the king, considering rather what was just, than what was expedient, without communicating it to any of his council, and so not sufficiently weighing the cir- cumstances and way of doing it, as well as the matter itself, resol ved not to be stripped of all his own servants, and such as faithfully adhered to him, upon general accusation of trea- son, the greatest of which was their being dutiful to him, against who111 only treason could be committed; but that he would accuse those, who he well knew, and believed he could prove to be guilty of aU the treason had been acted or imagined: and so on the third day of January, about two of the clock in the afternoon, he sent for sir Ed- ward Herbert, his attorney general, and delivered a paper to him in writing, which contained a charge against those he meant to accuse; and commanded him forth with to go to the house, and in his name to accuse those persons to the house of peers of high treason. The attorney accordingly ,vent, and standing up, told their lordships, that he did, in his Ina... jesty"s name, and by his especial command, accuse the lord Kimbolton, a member of that house, Mr. Pym, Mr. Denzil Hollis, Mr. John Hambden, Mr. 'Villiam Strode, and sir Arthur Haslerig, of high treason, and other misdemcanours, and seven articles, which he read in these words, and then delivered them to the clerk, and desired the persons might be cOlnmitted. APPENDIX, K. REFERRED TO IN PAGE 170. .. THE same day of this triumph, that the danger might be understood to extend farther than these members, who ,vere then accused, and to take away the reputation of the new counsellors, who were preferred to places they had promised themselves, and were looked upon ,vith singular estimation, and were most like to check the furious course they meant to run, two letters ,vere produced in the house, ,vhich had been the day before brought to the committee in London, by Mr. Bridgman, a member of the house, of very good re- putation, who, having a relation to the king's service, by being solicitor to the prince, and of eminent learning in the law, usually opposed their extravagant proceedings, and had been one of those who dissented in the bill of attainder of the earl of Strafford, and had argued against the treason of the charge. This gentleman received a letter, directed to him- self, and left at his lodgings, containing these words: " Sir, " Weare your friends. These are to advise you " to look to yourself, and to advise others of my lord of " Strafford's friends to take heed, lest they be involved in " the common calamity. Our advice is, to be gone, to pre- " tend business, till the great hubbub be past. Withdraw, " lest you suffer amongst the puritans. We entreat you to " send away this enclosed letter to Mr. Anderton, enclosed " to some trusty friend, that it may be carried safely without " suspicion; for it concerns the common safety. So desire " your friends in Covent Garden. January 4th." The enclosed was directed, " To t11c worshipful and Iny 606 APPENDIX, K. " much honoured friend Mr. Anderton, these present." Mr. Bridgman had acquaintance with no such man, and easily found, by the style of his own letter, that it was only di- rected to him, to bring somewhat to light, or to be able to accuse hin1 of snlothering SOUle notable conspiracy; and therefore immediately carried his own letter, and the other, which he would not open, to the comn1Ïttee, ,vhich being risen, he delivered both to him who sat in the chair for that service. The letter being broken up by him, was presented to the house, at the next sitting; and was in these words: " Sir, " Although many designs have been defeated, yet " that of Ireland holds well. And now our last plot works " as hopefully as that of Ireland, we must bear with some- " thing in the man: his win is strong enough, as long as he , "is fed with hopes. The woman is true to us, and real; her " counsel about her is very good. I doubt not but to send " you by the next very joyful news: for the present, our " rich enemies, Pym, Hanlbden, Hollis, Strode, and Hasle- "rig, are blelnished, chal1enged for no less than treason. " Defore I write next, we doubt 110t but to have them in "the Tower, or their heads from their shoulders. The " solicitor, and Fynes, and ear], ,ve lllust serve with the same "sauce. And in the house of lords, Mandevil is touched; " but Essex, 'Varwick, Say, Brook, and Paget, must fol- " low; or else we shall not be quiet. Falkland and Cul- " pepper are friends to our side, at leastwise they will do us " no hurt. The protestants and puritans are so divided, " that we need not fear them; the protestants in a greater " part will join with us, or stand neuters, while the puritan is "suppressed. If we can bring them under, the protestant " will either fall in with us, generaHy, or else, if they do not, " they are so indifferent, that, either by fair or foullueans, " we shaH be able to cOIDlnand theln. The mischievous " Londoners and apprentices rnay do us SOUle hurt for pre- " sent; but we need not much fear thclll; they do nothing " orderly, hut Ìllll1ultuous] y; therefore wc doubt not but APPENDIX, K. 607 " to have them under command, after one brunt; for our " party is strong in the city, especially Holborn, the new "buildings, and '''" estminster. Weare afraid of nothing " but the Scots appearing again; but \ve have made a party " there, at the king's last being there, which will hold their " hands behind them, while we act our parts at home. Let " us acquit ourselves like men, for our religion and country, " now or never. 'l"he king's heart is protestant, but our "friends can persuade him, and make him believe any " thing: he hates the puritan party, and is made irrecon- " cileable to that side; so that the sun, the moon, and the " stars are for us. There are no less than twenty thousand " ministers in England; the greater part will, in their places, " be our friends, to avenge the bishops' dishonour. Let our " friends be encouraged, the work is more than half done. " Your servant, " R. E." These letters were no sooner read, (though the forgery \vas so gross, that every discerning and sober person clearly discovered it,) but many seemed much moved by them, and concluded that there was some desperate design against the parliament, which was not yet fully discovered; and they that had but three days before declared, that the proclalDa- tion published by the king against those wlIo111 he had ac- cused of high treason was a false and scandalous paper, and that the articles which he had preferred against them were seditious, and an injury and dishonour to the said mem- bers, ,vere now contented to entertain the most senseless and groundless scandal against two of their members, equal in reputation to the best of the other, and in a matter every nlan's heart absolved then1; and ordered the letters \vith so- lemnity to be delivered at the lords' bar, after they were en- tered in the books of the other house, that the lords might see how nIany of their lnen1bers were in danger of the salllC conspiracy those that were accused had undergone. APPENDIX, L. REFERRED TO IN PAGE 384. . SIR John Hothaln appeared himself upon the wan, and when the king cOlumanded hiln to cause the port to be opened, he answered like a distracted man, that no man could understand; he fell upon his knees, and used an the execrations imaginable, that the earth would open and swal- low him up, if he were not his majesty's most faithful sub- ject; talked of his trust from the parliament, of whose fide- lity towards his luajesty he was likewise ,veIl assured; and in conclusion, he made it evident, that he would not permit the king to enter into the town. So that after many lues- sages and answers, for he went himself fron1 the wan, out of an apprehension of some attempt upon his person, the king, after the duke of York, and they who attended him, were permitted to return out of the town; and after he had causeù sir John llotbam to be proclaimed a traitor, for keeping the town by force against him, he returned to York, with in- finite perplexity of mind, and sent a complaint to the par- liament, of Hotham's disobedience and rebellion. It was then believed, and Hotham himself made it to be believed, that Mr. l\Iurray, of the bedchamber, who was the mes- senger sent by the king in the morning, to give sir John Hotham notice that his majesty intended to dine with him, I had infused some apprehensions into the man, as if the king nleant to use violence to,vards him, which produced that distemper and resolution in him: but it was never proved, and that person (who was very mysterious in an his actions) continued tong after in his luajesty's confidence. As soon as it was known at "\Vestminster what repulse the king had received at HuH, the joy that appeared in their APPENDIX, L. 609 countenances and behaviour cannot be expressed, and their public proceeding in the houses were never so insolent. They declared, by an act of both houses, that sir J o11n Hotham had behaved him honestly, and according to the trust they had reposed in him, and in which they would justify him, and that his behaviour had been according to law; and that the king, in proclaiming him guilty of trea- son, had again broken their privileges. What passed here- upon, by way of messages and declarations, to which the king always (having notice timely, and all preparations be- ing made whilst the debate held in the houses) sent quick and sharp answers, which were still read in churches, as the parliament had appointed theirs to be. Their proceedings in the militia, and their listing men by virtue thereof, in se- veral places in the country, as well as in the city; their choosing the earl of Essex to be their general, and declal"ing that they would live and die with him, and all other prepa- rations towards a war, are the proper subjects of a history of that time, and not fit to be contained in this discourse a, though some ilnportant particulars cannot be omitted. Nor will it be denied, by any who had the least knowledge of the tenlper of that tilne, that from the beginning of those paper skirmishes, the king recovered great reputation and advantage over the two houses, whose high proceedings and carriage was in all places exceedingly censured by all per- sons of honour and great interest; it being very evident, that they 'Vel"e followed and submitted to principally by the meanest of the people. And though some persons of quality and estates, who had, from their prejudice to some l}articular bishop , contracted a dislike and displeasure against the church itself, and the religion established, fol- lowed their party; yet the number of them 'was not great, and their credit onLy with S0111C factious preachcrs, and those poor people who were corrupted hy them; and even of tho'\c, there were few that ilnagincd they should he engaged in a war to c(>lnpas their desires. a N itJ11el y, of h is life. VOL. II. Rf APPENDIX, M. REFERRED TO IN PAGE 404. . ABOUT this time, or a little before, there was an acci- dent, which, though no luan could conceive begat the pre- sent distempers, nlany thought did improve them, added fuel to that fire, which otherwise possibly might not have b]azed so soon, or in so great a flame. It is remenlbered, that at the king's going to Hampton-court in January be- fore, he sent to the earls of Essex and HoHand to attend him, and that they both refused, that is, neglected to wait on him. During the time that he stayed at Windsor, nor till the queen was shipped from Dover, neither of them came near him. That day he rested at Greenwich, in his way to the north, they caine to him, and stayed three or four hours, and returned to 'Vhitehal1, where their tables at the king"s charge, beJonging to their places, were kept, and those especially (if not only) entertained at those tables who were most factious and editious against the king; and their lordships, in all those conclusions by which the sove- reign power ,vas Inost wounded and contemned, gave their full suffrages. The king being resolved to free hinlself froln the ignolninyof such retainers, or at least to reduce them to some formality of duty, shortly after his coming to York, to which place he had adjourned the solemnization of St. George's feast, when he Incant (and accordingly did) install his younger son, the duke of York, a knight of that order, his Inajesty by special letters required the earl of Essex, the lord chamberlain of his household, and the earl of Holland, the first gentlelnan of his bedchalubcr and groom of his stole, to be present at that ceremony, whither both their places and relations required them. 'Vhether APPENDIX, 1\1. 611 they in truth feared any design or attelnpt upon their per- sons, which is hardly credible, or (which is more probable) whether they were so conscious of their miscarriages, that they should be displaced if they went, and so would be sure not to lose the favour of the king and parliament at once, or (which is Inost likely) that they were at this tilne so far interessed and engaged with the powerful faction, (who knew well to ,vork by degrees upon their several vani- ties and infinnities,) that they could not safely retire; they both resolved not to yield obedience to the just sumlnons they had received; but, acquainting the house therewith, for their excuse, procured an absolute inhibition, and to be commanded not to desert the service of that house to at- tend upon the king, who nlight better dispense with them. Hereupon, the, king, being not disappointed in his expecta- tion, sent a letter to the lord keeper in !Jis own hand, with another enclosed to each of the earls, by which he required them forthwith to come to him, and, in case of refu al, to deliver the ensigns of their offices to the lord keeper, who was likewise required to receive the same. The fearful keeper (whose foundations of courage and reason were strangely shaken) durst not adventure the delivery of the letters, hut pretended that it would be interpreted in him a breach of privilege, being a nlember of that house; and upon that pretence wrote to the king to be excused. But the king would not be thereby drawn to wave his resolution; and therefore sent an express command to his faithful secretary the lord Falkland, to perform that which the other refused: who, without any hesitation, being a most punctual Dlan in his duty, though he was nothing glad of the employnlent, both as he thought it might inflame the present distemper, and as in his nature he abhorred the doing an unkind or unacceptable thing to any nlan, delivered the letters; and after two or three hours' consideration between thenlselvcs, both the lords delivered him the badges of their several of- fices, the one his staff, the other his key, and so went with- out those ensigns, which were easily missed, into the housl' of peers. Great fury and dislike was present! y expressed, 612 APPENDIX, M. that the king should put marks of his displeasure upon any persons so eluinently in their favour, and a conference de- sired with the COml1l0nS upon a matter of great ilnportance, and highly concerning the honour and privilege of parlia- Inent; w"here the lords declared, that the king had dis- placed two great officers only for their affection and fidelity to the service of the c0111monwealth, and that they ,vere to be looked upon as nlen suffering for doing their duty; and therefore they had voted (in which they desired the con- currence of the commons) that the displacing those great lords froln their offices was an effect of evil counsel; and being apparently done because they would not desert the service of the house, was a breach of the privilege of par- lialnent; and that whosoever should presunle to take either of those offices was an enemy to the commonwealth, and should be held unworthy of any prcfernlent or place of honour in the kingdom. The COlnnlons made no scruple of concurring; and, according to their usual courSe in 111at- tel'S of censure, added, that whosoever gave the king that pernicious counsel to reillove those lords, were enemies to the cOln1110nwealth, and should be removed from being near or about his majesty's person. And because the fre- quent discoursing of evil counsellors carried not that terror ,vith it as they expected, they appointed a solemn day upon which they would name those they conceived (for conceit ,vas enough) to be those evil counsellors, that they might be disabled from doing any farther mischief. V cry many, who stood at the nearest distance, and observed the arts and industry that were used to corrupt the affections and to pervert the understandings of the weak, and to heighten the malice and rancour of the wilful, were very sorry for the displacing those two lords, especiaHy the earl of Essex, at that time, believing that it would Inake him the more capable of being applied to sonle services against the king, which he would else be drawn very hardly to. And the truth is, the violent and governing party though they seelned very angry, were very much pleased with the accident, imagining- that hi proud nature would he easily APPENDIX, 1\1. 613 whetted and inflamed to such an indignation, that he would henceforward stick at nothing. And it did prove of 80ve- reign use to them; his lordship seeming to believe, that the discharging him from his place was the absolving him from any obligation of affection or tenderness, at the least, to the king"ls service. And many who were avowed and professed enemies to the whole course of his friendships and corre- ::;pondencies, were then, and have been since, persuaded, that if he had been still suffered to have walked with that staff, he would never have rid in those errands he after- wards did; and whilst he had been trusted with the guard of his majesty's person, which he well understood his office to be, that it would not have been possible to have engaged hinI in the leading an anny against him: and then, I am persuaded, how many soever they have since bred up to lead their armies, there was none that at that time could have raised one for them but the arl of Essex. On the other side, they who only looked upon the bold scandals that ,vere every day raised and countenanced, and the dis- service that was every day done to his majesty, and ob- served those two lords to be not only constant concurrers, but active and stirring pronloter of the saIne, thought the king in policy, that his other servants might not by their examples be taught to tread in their paths, (the COInnlon disease then of the court,) and in honour, obliged to remove those whom he could not reform, that he might not be thought insensible of the affronts and indignities offered to hiIn; and rather wondered that he did it no sooner, than that he did it then. So different were the observations and judginents of men of the same> affections and equal under- standings. It Inay be wondered, that neither then, nor upon nlany other occasions, when the houses seemed highly inflanll'd with evil counsellors, and appointed set days for the nanl- ing of, that they never proceeded in that work; especially after they well enough knew the persons who wcr not of their opinions, and had interest enough to cro s their de- signs, and the courage to contemn them; and when they VOl.. IT. 5 S 614 APPENDIX, M. had resolved that without any allegation of a particular crime, their general diffidence (that is, their not confiding) in a man, was argument enough to remove him fronl any office or trust: but their true reason of not daring to med- dle with that general of naming evil counsellors, was their great care of preserving lliarquis Hamilton, wholn, they discovered, some (who meant to give shrewd and experi- mental reasons, not easy to be answered or avoided) re- solved to name, and so they waved the general, till some particular accident (how light soever, as in the absurd, un- paralleled case of the duke of Richnlond) gave them oppor- tunity to be revenged on him, whom they desired to de- stroy. END OF VOL. II. t I: \: .. '--' )l' \. ---- '0- , ............. .1 , \ \ " , " " . , ..... "- " \ . .. . \ --.. "" " ", h ... """ '" '" "- " \. '" . , .. "'" '\ .,,- ., " - . . "- , .... \, .. ... .1 , '" \ , t , \ " . \ . . . ( . " 4) t I ) . .. , .... , .. \ , . " "- .. --=- DA 400 .C42 v.2 Clarendon, Edward Hyde, 1st earl of, 1609-1674 The history of the rebellion and civil wars in England : , .' 'r-' }I 1 , ef ! \ i Þ, ,4 r