Historical Collections of Private Passages of State: Volume 5, 1642-45. Originally published by D Browne, London, 1721.
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CHAP. XVIII. The Civil Transactions of the Year 1644.
The most material military Actions of this Year 1644. being thus dispatch'd, it remains now to give Account of Civil Occurrences, the Proceedings at Westminster, the Transactions between his Majesty and the two Houses, &c. wherein as to Parliament Ordinances, I shall insert the Dates and Titles (as far as I can) of all that pass'd; but, to avoid swelling the Book unnecessarily, recite at large only those that seem'd most remarkable; and withal such petty Martial Affairs as have not properly fallen under any of the foregoing Narratives, shall here be mention'd by way of Diary, as they happen'd in Series of Time.
On the 26th of March, 1644. the two Houses pass'd an Ordinance for settling and maintaining the Army under the immediate Command of the Earl of Essex, [the Substance of which we have before recited in its proper Place.]
And the same day another Ordinance for the Contribution of the Value of one Meal a Week; reciting, "That the forbearing of one Meal a Week, and contributing the Value thereof for the raising Auxiliaries, having been voluntarily practised by many well-affected Persons, and found to be very useful for that Service; therefore they have thought fit to add convenient Power to that way of Contribution, that so the Burden may not rest alone upon the willing Party; and therefore ordain, That all and every Person or Persons, and their Families, inhabiting or residing within the Cities of London and Westminster, and the Suburbs and Places within the Lines of Communication and Bills of Mortality, shall pay and contribute upon each Tuesday weekly, the value of one ordinary Meal, for themselves and Families, to be assessed by the Alderman, Deputy, Common-Council-Men, and others therein appointed, who are to set a Rate what each Person and Family shall pay for the Value of such Weekly Meal: And, in case of Non-payment, Distress to be made for double the Value; and if no Distress can be found, the Person to be committed, if thought fit by the Committee. This Ordinace to continue for three Months, and not to extend to such as receive Alms."
The same day also they made another Ordinance, entitled, An Ordinance of the Lords and Commons in Parliament, to enable Sir William Brereton Baronet, one of the Members of the House of Commons, to execute the several Ordinances of Parliament for Advance of Money, within the County of Chester, and County and City of Chester, and to take Subscriptions for the better Supply and Maintenance of the Force under his Command, for the Security of the said Places, and for prevention of the Access of the Irish Forces into those Parts.
Upon a Motion in the House of Commons, a Vote passed that the Commissioners for the Great Seal, now attending the Parliament, shall have the like Power as the Lord Keepers formerly had, for the granting of Writs of Pardon to condemn'd Persons in the usual manner; and it was ordered to be transmitted to the Lords for their Concurrence.
An Ordinance for Raising and Paying three thousand Foot, twelve hundred Horse, and five hundred Dragoons, to be commanded by Sir William Waller as Serjeant-Major-General, (under his Excellency the Earl of Essex, Lord General) and of all other Forces raised or to be raised in the Associated Counties of Southampton, Surrey, Sussex, and Kent.
The Commons having debated certain Propositions from the Scotch Commissioners, touching the sending of a speedy Relief to the British Forces in Ireland, voted that sixty-six thousand Pounds due in Arrear to those Forces to the 22d of March last, be forthwith sent unto them, with the Victuals, Clothing, and other Necessaries formerly designed for them.
An Ordinance of the Lords and Commons assembled in Parliament, for the better Observation of the Lord's Day: whereby it is ordered, That all former Laws for that purpose be carefully put in execution; That none shall fell any Wares or Fruits, nor work, nor travel, nor use or be present at any Exercises, Games, or Passtimes, on that Day: That all May-poles (an Heathenish Vanity, generally abused to Superstition and Wickedness) be taken down, and that the King's Declaration concerning observing of Wakes and Use of Exercise and Recreation upon the Lord's Day; the Book entitled, The King's Declaration to his Subjects concerning lawful Sports to be used; and all other Books and Pamphlets that have been or shall be written, printed or published against the Morality of the Fourth Commandment, or of the Lord's-Day, or to countenance the Prophanation thereof, be called in, seized, suppressed, and publickly burnt.
An Oxford Spy was this day executed in the Palace-Yard at Westminster, according to the Sentence of a Council of War (he having been once before pardon'd by the General) another was brought to the Gibbet, but being his first Attempt in that kind, Reprieved.
It was Voted in the House of Commons, That it be referred to the Committee of both Kingdoms, to prepare Propositions for Peace, and present them to the Houses, to be there debated, which the Lords consented to; some Dispute having been between the two Houses, whether it should be referred to that Committee, or a Committee of nine Lords and eighteen Commoners.
Ordered that the Candlesticks, Crucifixes, and other Plate, that stood heretofore upon the Altar in Paul's Church, be fold by the Committee at Grocers-Hall, and the Money employed for the publick Safety of the Kingdom.
A Warrant for Collecting Excise for his Majesty.
His Majesty having made us (whose Names are hereunto subscribea) his Commissioners of Excise for the Counties of Oxon, Berks, &c. and we having occasion to make use of your Presence at Oxon, do desire you upon the receipt hereof to make your speedy Appearance to us at the Schools in Oxon. And thus, with our Loves to you, we rest
Colonel Fox, with a Troop of Horse, march'd from Tamworth to Bewdley in Worcestershire, a Garison of the King's; and coming there late at night, very resolutely demanded Entrance at the first Court of Guard, under pretence of being one of the Prince's Troops: the Sentinel drawing up the Chain, admitted him; which done, he secured that Guard, and passed to the second, where he had the like Admittance, and likewise secured them, so advanced to the main Guard in the middle of the Town upon the Bridge over Severn, kill'd the Sentinels, took Sir Tho. Littleton and some others Prisoners, and carried about forty good Horses to Coventry.
The House of Commons were in debate of the Propositions for Peace; and having the Day before sent up an Ordinance to the Lords, for the Continuance of the Committee of both Kingdoms in the same Power for three months longer (the time formerly limited being near expired) the Lords this day sent down an Ordinance to that purpose, but with an addition of five Lords and ten Commons of their nominating added to the said Committee; which occasioned great Debates amongst the Commons, and the House being divided upon the Question, it was carried in the Negative, and a Message was sent to the Lords, to signify, That they could not agree with them therein, and therefore to desire their Lordships that they would pass the Ordinance as it was first presented to them from the Commons: But this the Lords declined to do for some time, and several Messages and Conferences there were about it, and they did not fully consent till the 20th of May following.
An Ordinance of the Lords and Commons assembled in Parliament for the further demolishing of Monuments of Idolatry and Superstition; that all Representations of any of the Persons of the Trinity, or any Angel or Saint, in any Church or open Place, shall be demolished; the Chancel-ground raised for any Altar, level'd; no Copes, Surplices, Superstitious Vestments, Roods, Rood-losts or Holywater Fonts used; all Organs in Churches taken away: Provided this shall not extend to any Pictures, Image or Coat of Arms, set up only for a Monument of any King, Prince, Nobleman, or other dead Person, not reputed a Saint: And the Churchwardens shall repair again the Windows, Walls, &c. that shall be impaired by this means.
It was ordered by the Commons, that Colonel Carr, a Scotish Commander, should be Governour in chief of Plymouth, and the Forces, and Commander of the Forces of the two Counties of Devon and Cornwall, next under Sir William Waller, and Sir John Bampfield a Member of the House, and of the same County, to be Governour of the Island and Castle there.
The Assemblies LETTER to the Kirks in the Netherlands.
Fratres in Domino plurimum colendi,
Quæ anno superiore Ecclesiarum Zelandicarum nomine, missæ sunt ad nos Literæ, ut eas communis totius Ecclesiæ vestræ Belgicæ voluntatis testes fuisse interpretaremur, effecit benevolentia vestra tot tantisque officiis nobis spectata: quam sententiam nobis confirmârunt ea quæ copiose clarissimus Eques D. Archibaldus Johnstonus Varistonus in foro supremo Judex, a reliquis tum Ordinum tum Ecclesiæ hujus Regni Delegatis Londino non ita pridem remissus, in hac ipsa Synodo Nationali de eximio vestro erga nos studio commemoravit: præsertim quanta fide, quam solicita diligentia nostram, vel Domini potius nostri Jesu Christi causam, quæ nunc Londini agitur & promoveritis, & promovere etiamnum satagatis. Quo in negotio, ex iis, quorum ab eo recitata audivimus nomina, de propensa reliquorum voluntate & curâ, ut conciliandæ Ecclesiarum Britannicarum unionis sœliciter suscepta consilia, vestra ope & opera prosperum mature sortiantur exitum, minime obscura facimus indicia. Sunt hæc tam illustria benevolentiæ vestræ testimonia, & in omnium bonorum oculis adeo perspicua, ut eorum memoriam nulla unquam delere poterint oblivia. Laboris autem & jam impensi & porro suscepti ad controversias in Synodo Londinensi suborientes sœliciter expediendas & decidendas nequando poeniteat, ex eo quem per divinam jam benedictionem sructum cepistis, optima quæq; in posterum sperare consentaneum est.
Huic tam honorisicæ benesiciorum vestrorum commemorationi à D. Varistonio factæ supervenerunt ex partibus Hiberniæ aquilonaribus Literæ multorum Chirographis subsignatæ; qui singularis gratiæ in illam Ecclesiam divinitus effusæ, ex quo tempore in societatem soederis trium unitorum sub Rege nostro Regnorum admissi sunt, mentione facta, "Hujus inquiunt divinæ benedictionis amplissimum nuper habuimus testimonium, Sanctorum in Belgio liberalitatem eximiam ; qui nobis, ignotis licet & peregrinis, fratres se nostri amantissimos, & malorum nostrorum sensu tenerrimo compunctos aperte demonstrarunt. Pauculos enim nos gladio superstites, & same propediem interituros, omnibus extremis circumventos, in ipso articulo sublevarunt: nec tantum oratione ad consolationem composita nobis animos confirmârunt, hortantes ut humiliter incedentes Deum liberatorem expectemus, qui non nisi ad breve tempus faciem suam à domo Jacob abscondere solet, sed subsidio insuper opulento cum annonæ, tum aliarum rerum ad nostram in tantis angustiis relaxationem & solatium necessarium, copiose nos resocillarunt. Tantam munificientiam cum supplices a Deo contendimus, ut septuplam ipsis in sinum rependat, tum demisse vos etiam atq; etiam rogamus, ut in tanti benificii agnitione Ecclesiis Belgicis, nobiscum gratias agatis. Hæc illi. In quo quidem officio si illis desimus, in nos pariter & illos graviter peccemus.
Agnoscimus igitur illustrissimorum & potentissimorum Hollandiæ, Zelandiæ, aliorumq; Ordinum Belgicorum tam eximiam beneficientiam: quibus non conniventibus modo & permittentibus, (quod ipsum non vulgare beneficium. habendum esset) set authoribus etiam, modumque & rationem præscribentibus, exemplo quoque præeuntibus, in subsidium fractrum nostrorum Hibernensium collecta per Ecclesias facta ad ipsos mature deportata sit: Agnoscimus piorum in iisdem Ecclesiis Belgicis tam expromptam voluntatem & liberali tatem, agnoscimus tantum beneficium non in ipsos magis fratres nostros, quam in illorum persona in nosmetipsos esse collatum: Vosque (fratres Reverendi) obnixe rogatos volumus, ut quemadmodum nos ad omnem grati animi significationem prompti semper erimus, ita qua vobis potissimum ratione commodum videbitur, illustrissimis & potentissimis Ordinibus nostro nomine gratias agatis: populo autem Christiano curæ vestræ commisso tum publice universo, tum privatim singulis, ut occasio tulerit, demonstretis quam honorifice de ipsis sentiamus, & quanti faciamus tam eximiam benevolentiam & charitatem, qua in Ecclesiarum Hibernicarum consolatione viscera nostra refocillaverunt. Quæ autem vestræ fuerint, partes, fratres charissimi, quam pio studio & labore, quam assidua diligentia tantæ charitatis semen in segetem & maturam tandem messem provixeritis, cum nos libentes agnoscimus, tum res ipsa loquitur, & fructus opimus abunde testatur. Imprimis autem (quod caput est) tantæ gratiæ authorem & largitorem nos una cum Ecclesiis Hibernicis laudamus & celebramus: comprecantes ut in vos universos, in Ecclesias a Domino vovis commissas, in illustrissimos Belgii vestri Ordines Spiritum suum copiose effundat, ut quemadmodum in Rep. vestra adversus hostem potentissimum defendenda & inter tantas bellorum moles indies amplificanda, in Evangelii luce & veritate incontaminata contra inserorum portas in vestris Ecclesiis propugnanda, atque inde latius propaganda, immensa Dei vobis excubantis potentia, multiformis sapientia, & eximia beneficentia, per universum terrarum orbem hactenus celabrata est ; ita bonis omnibus vos deinceps cumulare pergat idem fons omnis bonitatis, ut frementibus religionis & libertatis vestræ hostibus, sapientiæ & optimarum artium juxta ac armorum triumphorumque gloria inter nobilissimas gentes Resp. vesta fæderata quotidie magis emineat, Ecclesia sacrorum puritate, & cœlestis veritatis splendore perspicua refulgeat ; eoque prospere vobis cedant vestra prudentissima & saluberrima consilia, quibus certissimum ad sœlicitatem publicam compendium vos capessere demonstratis, nec vobis tantum consulitis, sed de vicinis etiam Ecclesiis soliciti, qua opera, qua consilio opibusque vestris eas sublevatis & confirmatis omnes, & quasi de specula universis prospicientis de periculis imminentibus commonefacitis, & ad ruinam ab hostibus dolose machinatam mature præcavendam armatis:
Ergo quod anno superiori, veluti signo dato, Resormatas omnes Ecclesias, missis ex Zelandia literis commonuistis, ut cum impostores, Jesu, nomen impudentur ementiti, cæterique Antichristi satellites, quo securius in populum erroribus Pontisiciis fascinatum grassari. & puriores Christi Ecclesias funditus extirpare queant, arctissima conjuratione sociati ad impia consilia patranda sese accinxerunt ; Ita Ecclesiæ quoque Reformatæ sine mora consilia in medium alacriter conserant, & animos ac vires conjungant, ut perniciem sibi omnibus intentatam in hostium capita retorqueant: ni secerint, tam pudendæ ignaviæ excusatione apud posteritatem carituri. Consilium non minus prudens & fidum, quam fœlix & falutare libenter & tum agnovimus & nunc ipso etiam eventu comprobamus.
Principio autem ad hoc consequendum necessarium videtur, utsine morâ convolemus omnes ad Deum nostrum clementissimum, qui postquam Ecclesiarum Reformatarum mores minime reformatos multis annis longanimitate sua pertulisset, ferulam primum, moxetiam gladium vibratum in interminatus, tandem rebentem & madidum suorumque sanguine calentem & spumentem per regiones plurimas jam diu circumtulit ; in nos denique riliquos nunc intentat, ni si mature resipuerimus, & de domo ipsius amplius purganda de gratia Domini nostri Jesu Christi pluris facienda, de cultu Deiipsiusque institutis religiosius habendis, de Sabbatho ejus sanctificando, a quo nimium oculos nostros avertimus, & de moribus adpietatis normam componendis magis serio quam hactenus a nobis tactum est, nobiscum statuentes cum populo Dei sub Nehemia, Josia, reliquisque piis Gubernatoribus, religioso fœdere percusso, tanquam firmissimo vinculo Deo obstricti, nos inter nos arctius adversus hostes univermus, ut avertat Deus jam sumantem & capitibus nostris imminentem, iram, quam peccata nostra plurima & maxima adversus nos provocarunt & accenderunt.
Non tantum nobis deferimus, nondum eos renovato cum Deosœdere, & votis nuncupatis dignos edidimus fructûs, ut nostrum exemplum vobis proponere libeat: Quod tamen experti sumus, de Dei erga nos gratia, quod gratitudo erga Deum, quod gloria ipsius a nobis flagitat, celare non audemus. Quæcunque nostra male merita sunt in conspectu Dei & hominum; certe ex quo die nos de religioso fœdere cum Deo & inter nos ineundo cogitavimus, a portis inserorum revocari, & res nostræ omnes in Deum nostrum necessariò conjectæ melius habere cœperunt, & sœliciori hactenus successu processerunt: Quod si de fœderis hujusmodi religiosa societate coeunda quod rerum vestrarum & Religionis in Britannia nostra ex fœdere nuper inito perpurgandæ & stabiliendæ commodo sieri possit, vestræ prudentiæ visum fuerit, cogitare, & ex consilio eorum quorum interest statuere, ac cum aliis Reformatis Ecclesiis agere (pro eâ quâ apud omnes valetis gratiâ) ut eandem vobiscam ineant rationem, non dubium est, per Domini ac Dei nostri benignissimi Jesu Christi in Ecclesias suas gratiam, fore, ut non modo, quod certissimum adversus impendentia mala perfugium annosuperiore missis ex Zelandia literis denunciastis, Ecclesiæ Reformatæ arctioris societatis vinculo inter se unitæ ad hostium conatus impetusque frangendos corroberenter & confirmenter ; sed disjecti etiam lipides Domus Dei per Germaniam ex rudere & cineribus redivivi recolligantur, ac gloriosum Domini nostri Templum ibidem instauretur: & purioris Religionis Prosessors in istis Ecclesiis, per resipiscentiam ad eum qui percussit eos, reversi, &, quod nullis canescat sæculis, fœdere in Domino nobiscum coadunati, malis, sub quorum pondere tot annos gemiscunt, tandem subleventur. Qui dies longe optatissimus si per Dei gratiam semel illuxerit; de consiliorum communione inter Reformatarum Ecclesiarum Synodos per Legatos & Literas concilianda iniri possit ratio, per quam Ecclesiæ hostes compescantur, hæreses opprimantur, & schismata resarciantur, pax cum Deo & inter Ecclesias firma conservetur, & gloriosum Dei opus in Evangelio per orbem terrorum propagan do, & Antichristi regno abolendo promoveatur. Quod ut optandum, & sperandum, piis & prudentibus vestris meditationibus, ut bonum semen sœcundissimo solo commendamus.
The Humble Petition of the Lord Mayor, Aldermen and Commons of the City of London, in Common-Council Assembled.
"That the continued Industry, Courage and Constancy, which this Honourable House have mainfested in all Affairs concerning the Publick ; the faithful Endeavours of the Lords and Commons, of the Committee of both Kingdom, the special Care taken of putting the Tower of London and Castle of Windsor, into safe Hands, and your favourable Resolutions, not to dispose of them otherwise, than as may stand with the Security and Satisfaction of this City, have laid a great Obligation of Thankfulness upon the Inhabitants thereof, and their Posterity, and encourage the Petitioners humbly to represent their Apprehensions and Fears, arising from the Discontinuance of that Honourable Committee ; especially at this Time, when our Enemies are so active, and all our Armies in Motion ; from the want of Execution upon Deliquents; the not putting Tilbury-Fort into safe Hands, and from the Endeavours of divers Members of Parliament to be re-admitted into that great Council, who have contrary to the Truth in them reposed, kept Correspondence with the Enemy, joyned in other Councils, and taken up Arms against the Parliament.
"That the Tower of London, and Castle of Windsor may be continued in safe Hands, and the Garrison at Windsor timely and constantly supplied with Money and other Necessaries; and the Fort of Tibury well Mann'd, and put into the Hands of Persons of Trust, and that have Ability to discharge the same.
"And to rest assured, that the Petitioners for the Promoting thereof, will chearfully obey your Orders end Directions from time to time, and adhere unto you, to the utmost Expence of their Lives and Estates, according to their late solemn Covenant.
"The House of Commons having received the Petition of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council Assembled, deliver'd unto them upon Thursday, the 16th. of this Instant May, by the Sheriffs, Aldermen and divers others, appointed a Committee from the said Council; after serious Consideration of the Contents, do return this Answer.
"They do Acknowledge it an especial Blessing of Almighty God, that their Endeavours (wherein they have done but their Duty) have so well understood, and accepted by this Famous City, without whose constant Affections and Assistance they could not have brought this great Work to that hopeful Condition, wherein, by the Mercy of God it now stands.
"For the not re-admitting of such Members of Parliament, who contrary to the Trust reposed in them, have deserted the fame, and adhered to the Enemy; this House hath passed an Ordinance, as is desired, and will endeavour the Speedy perfecting there-of.
"For the Expressions of adhering to the House of Commons, the Endavours of promoting the publick Good, they have been demonstrated by Action in the times of greatest Difficulty, where in the City hath spent their dearest Blood, and vast Sums of Treasure, omitting no possible Supplies of Persons and Purse.
"In their most seasonable Desires, offer and Promise they now make (never to be forgoten by the House of Commons) they manifest, their Affections can admit of no decrease, which are great Encouragements to this House, to persevere in the Endeavours and Resolutions desired, wherein (by the Blessing of Almighty God) they will persist, to the utmost hazzard of their Lives and Fortunes, against the greatest Discouragements, until the Affairs of the Church and Common-wealth receive such a happy conclusion, as all good Men desire and pray for.
"And in return for their great Affection, the House of Commons doth declare, They will, in a most peculiar manner, be mindful of the Merit of this City, which, upon all occasions, they shall acknowledge, and will endeavour to requite ; and in the mean time, they give them most hearty thanks.
An Ordinance for the better Execution of the former Ordinances for Sequestration of Delinquents and Papists Estates, wherein an Oath is prescribed to the Sequestrators, and other Injunctions Established.
Resolv'd, &c. That the Contract bearing date the 13th. of November, 1643. drawn from the English Merchants, for the Convoy of their Goods from Morleaux, in France, hither into this Kingdom of England, was unwarranted by any precedent, and ought to be delivered up to the Merchants to be Cancell'd.
The Lord Admiral to be acquainted with these Votes by a Letter, and to be desired to take notice of the denial of Convoy to the English Merchants from Morleaux, and that his Lordship would take that Care, that for the future, convenient Convoys may be allowed to the English Merchants, upon convenient Demands, and at convenient times.
An Ordinance for Encouragement of Mariners ; reciting, That whereas by a former Ordinance, Mariners, besides their Wages, were to have one third part of all Ships and Goods that should be adjudg'd Prize ; but divers Captains often Imbezil Moneys and Goods of value, therefore it is ordain'd, That no Moneys, Goods, or Lading whatsoever, shall be taken forth, nor any Chests, Trunks, or Packs open'd, but the Ships and Goods entirely delivered to the Collectors of Prize Goods, and every Man's full share shall be paid within fifty days after the Ship is adjudged Prize.
A Petition was read in the House of Commons from several of the Gentry of Wales, desiring that Captain Swanley (who was returned with the Fleet into the Downs, and he himself come up to London to give the Parliament an account of his Successes in that Principality) might speedily be sent back and continue Commander in Chief amongst them; whereupon, it was Ordered, that the Leopard, the Swallow, and the Providence Frigates, which he brought to the Downs with him, should be Refitted and Victualled, and that he should be Commanded into Wales, as was desired. And the said Captain being called to the Bar, had the Thanks of the House returned for his good Services ; and as the further mark of Esteem, it was Ordered, That a Chain of Gold of the value of two hundred Pound, should be given to him, and another of one hundred Pounds value, to Captain Smith his Vice-Admiral.
Collonel Purefoy, and the Warwick Forces, took Compton-House in Warwickshire, wherein they found 5500l. in Money, besides some Earthen Pots full of Money, discovered afterwards in a Fish-Pond ; took one hundred and twenty Prisoners, and all their Arms, four hundred Sheep, near one hundred Head of Cattel, twenty Horses, and eighteen Loads of excellent Goods, which they made Plunder of.
Mr. Hungerford, a Member of the House of Commons, was brought to the Bar, for having withdrawn himself to Oxford, and sitten in the Assembly there, of Lords and Commons of Parliament, and subscribing their Letter. He alledged, that as to the Letter, his Name might be Counterfeited: But it was Ordered, That he should be disabled from sitting any longer a Member of that House, and stand committed to the Tower.
An Ordinance for allowing two Hundred Pounds per Week, to be paid out of the Excise, towards the Relief of Sick and Maimed Soldiers, and the Wives and Children of such as have been killed in the Service of the State.
An Ordinance for all Persons that have any Stocks, going in Trade, to find Arms, not exceeding three Soldiers for any one Man ; and to search for Papists, and other ill affected Persons, and to expell them, and seize all Arms and Ammunition in the Custody of any such.
A Dunkirk Ship having been taken near Arundel, wherein, amongst other Things, there were found several Popish Pictures, and particularly one curious large Piece (design'd to be set up in St. Anns Church, at Sevil, in Spain) representing the Story of Ursula (that went to Rome (as the Legend hath it) with eleven Thousand Virgins) and her Husband Conanus, and their Addresses to the Pope, &c. Which Picture of Conanus, being fancied to be very much like the King, the Piece was taken to represent the Queen, directing the King to surrender his Scepter to the Pope ; and about this time publickly exposed at Westminster, and some Pamphlets gave that Interpretation of it, but others honestly explained the true design of the Painter.
An Ordinance of the Lords and Commons in Parliament Assembled, for the Excluding of the Members of either House of Parliament, that have deserted the Parliament, and adhered to those that Levy War against the Parliament,
The Lords and Commons, now Assembled in Parliament, taking into Consideration, that divers Members of both their Houses, have, since the beginning of the Unhappy Destractions now depending, in breach of their Duties, withdrawn themselves from that Attendance upon the Publick Affairs of the Kingdom in Parliament, to which the Necessities of the Kingdom, and the Trust in them Reposed, have obliged them; and have also joined with, and repaired to that Party that is now in Arms against the Parliament; and seriously weighing the great Inconvenience and Prejudice, which hath arisen, and may farther arise, in respect thereof, the same tending to the Scandal and Dishonour of the Parliament, the Discouragement of such as are well-affected, and the Subversion of Religion, Laws and Liberty, by means whereof the whole Kingdom is nearly Interested and Concerned, in their said Departure and Offence. And whereas divers Members of the House of Commons, which have deserted the Parliament, and adhered unto those that Levy War against the Parliament, have, by Judgment of the House of Commons, been justly disabled from sitting, or continuing any longer Members of the said House, during this present Parliament; by which Judgment, the several and respective Counties, Cities, Burroughs and Places, for which they served, have Right to elect new Members for the Parliament, upon a Warrant under the Hand of the Speaker of the House of Commons, directing a Writ to issue under the Board Seal to that purpose: And whereas divers Members of the House of Peers have also deserted the said House of Peers, and adhered to those that Levy War against the Parliament.
The Lords and Commons Assembled in Parliament do Ordain and Declare, That whatsoever Member of the said House of Peers hath so Offended, or hereafter shall so Offend, as aforesaid, shall be disabled from having any Voice, or sitting in the said House of Peers, during this present Parliament, until his Readmittance shall be Approved of, and Consented unto by both Houses of Parliament.
Provided always, and it is hereby Ordained and Declared, That whatsoever Member of the House of Commons that heretofore hath deserted, or hereafter shall desert the Parliament, and adhere to those that Levy War against the Parliament, is, and shall be absolutely disabled from sitting in the said House of Commons, during this present Parliament.
The Earl of Leicester, Lord Lieutenant of Ireland, having long attended the Court concerning the Service of that Kingdom, meeting, as it seems, not with that Encouragement he expected, left Oxford and came to London, but was ordered into Custody till his Circumstances might be examined. Also Mr. Bagshaw, a Gentleman of the long Robe, and a Member of the House of Commons, from whence he absented himself about the Time of the taking of Bristol by Prince Rupert, and sat in the Assembly at Oxford, being taken by some of the Parliaments Forces about Deddington in Oxfordshire, was this Day brought to the Bar of the House of Commons, where kneeling, it was ordered he should be committed for High Treason to the Prison of Kings Bench in Southwark, he having been elected by that Borough to serve in Parliament.
A Declaration of the Lords and Commons Assembled in Parliament, declaring certain English Merchants in Holland, viz. John Webster, and others, to be Incendiaries between the United Provinces, and the Kingdom and Parliament of England.
At this time the Ambassadors Extraordinary for the States of the United Provinces made their Address to the two Houses of Westminster, fully acknowledging, and giving them the Title of the Parliament of England ; for want of which, their Audience had for divers Months been deferr'd ; for these Ambassadors arrived in England on the 17th, of January, 1641/4 and by Order of the Houses were met and accompanied into London by the Earl of Denbigh, Sir Henry Mildmay, and Sir William Strickland. On the second of February they set out of London towards Oxford, and on the 11th of that Month had Audience of the King at Oxford, and on the 9th of March returned back to London. On the 14th of March they presented a Letter in French, directed to Monsieur William Lenthall, Speaker to the House of Commons, to this Effect, That the Lords States of the United Provinces taking into their serious Consideration the Distractions of these Kingdoms, had determined some time since to send over their Ambassadors, yet through the strong Hopes and Perswasions they had, that these Distractions would happily be composed, suspended for a while their Intentions ; but perceiving how far these sad Divisions are rather daily augmented than any whit abated, and considering the great Effusion of Blood that hath already been shed, and is yet likely to be ; well knowing also the near Interest their State hath in the well or ill Being of this Kingdom, they the said States had sent them over to offer their Mediation betwixt the King and his Parliament ; and that they having already made their Addresses to his Majesty for that purpose, who had declared his gracious Inclinations thereunto, they now came to tender the same Service to the Members of the Two Houses of Parliament, and desired Audience thereupon.
Which Letter seeming by the Title to have no Direction, and by the Matter not fully to acknowledge the two Houses at Westminster to be the Parliament of England, the Commons ordered the Consideration thereof to be referred to the Committee of both Kingdoms; the Lords were rather for committing it to a special Committee, but at last agreed with the Commons.
And after full Consideration, on Monday, April the 8th, the following Answer was returned to the said Ambassadors, viz. That the Parliament was very desirous to manifest to the World both their earnest Desires of Peace, and the Respects they have for the States of the United Netherlands, and therefore when the said Ambassadors shall make it appear, that they come with Commission to Address themselves to the Parliament of England, they shall receive such Answer as shall be fit.
Hereupon, on the 29th of April, the Ambassadors sent a second Letter expressing their Willingness in what they might possibly, to serve the English Nation, in order to the composing of the present Distractions, and that they were for nothing more sorrowful than that they could not express their Desires herein, in so satisfactory a way as the Parliament desired, further desiring a safe Conduct to pass through the Army to Oxford; which was readily granted, and accordingly on the 6th of May they set forwards thitherwards: Mr. Speaker with other Members of the House of Commons being first sent in the Name of that House to take Leave of, and Complement them with Thanks for their Pains, good Will and Respects to the Houses.
After which, in the beginning of June, General Essex being with the Parliaments Army near Oxford, the said Ambassadors came from that City with a White Flagg unto his Quarters, and desired to know if he had Power or Inclinations to Treat for Peace, offering themselves to be Mediators; to which the Earl return'd Answer, that of himself he had no Power to Treat, but if they pleased to apply themselves to the Parliament, he was very sure they would, as always they had done, shew themselves desirous of Peace, and earnest Seekers thereof: whereupon the Ambassadors soon after came again to London; and on the 3d of July made Complaint to the Houses, of a Pamphlet then lately printed, entituled, A Discourse concerning a true Englishman, concerning the Interest England hath in the Siege of Graveling; which Town was at that Time besieged by the joynt Forces of the Dutch and French: And the Design of this Pamphlet (which was writ in a smooth insinuating Politick Stile, the Author said to be a Jesuit,) was to perswade the Parliament to lend the Spaniards Assistance of Shipping for relieving it; whereupon the Matter being referr'd to the Committee for Printing, the Hander to the Press of the Copy was discovered to be Kilvert the notable Solicitor, who for the same was committed to the Fleet.
On Saturday, July the 6th, (being the next Day after the News came of the Defeat of Prince Rupert at Marston-moor) the said Ambassadors of the States addressed themselves to the Two Houses in such Terms as were acceptable; and so it was resolved they should be admitted to Audience, which was done, Friday, July the 12th, in each House apart, in this manner: They were attended by the Master of the Ceremonies first to the Door of the Lords House, and then admitted in, and brought to Chairs prepared for them; where they delivered their Embassy first in French, and then a Copy thereof in English, as follows.
The PROPOSITIONS of the Ambassadors of the High and Mighty States-General of the United Provinces, delivered by them, by Word of Mouth, in both Houses of the Parliament of England, the 22–12 of July, 1644. UC.
Right Honourable Lords and Commons,
From the very beginning of the Restauration of the Liberty of the Republick of the United Provinces of the Netherlands, the High and Mighty Lords, our Lords, the States-General, their chiefest Wishes and Desires have ever been to see that the Kings of Great-Britain and these Kingdoms might be perpetually maintain'd and preserv'd in a good Concord, Peace and Union, by which nothing could befall them, but all Safety and Advantage, and that for three principal Reasons.
First, That these Kingdoms, being the greatest and strongest Body, which having receiv'd and maintain'd the Profession of the true Christian Protestant Religion, and conserving it so well, it might also contribute much, yea, by Fame and Reputation it self, to the Conservation of States, Confederates and Friends, and of all the other Protestant Churches, established and spread throughout all Europe.
Secondly, That these Kingdoms by their Scituation Commodities, Traffique and Navigation, and their Republique, being so nearly combined by their common Interest of State and Religion, our Lords might rest assured, that the Interest of the King and these Kingdoms, being so mightily advanced and conserved, by the same Means those of the Netherlands could not but be well conserved. And,
Thirdly, That this Intestine Peace, Union and Concord (which Prosperity and Weal ordinarily accompanieth) continuing here, that not only the Kings and Kingdoms should be able to maintain and preserve themselves; but that the States Consederate and Friends, or the good Cause of the Protestant Religion, in other parts unjustly suffering, (as formerly it hath been, and yet this day is too much perceived) they might ever find their Refuge and Asile, their Succours and their Aid against all those, who on the contrary part, of other States and Churches, should undertake to undermine the true Foundation of the Happiness of these Flourishing Kingdoms.
The Sea doth serve you for a Ditch and Bulwark, and your Power by Sea is able to maintain you in your Felicity, and exempt and free you from all foreign Injuries; so that the good of your own Conservation, and the Cause of your Evil and Ruine, could not be suscitated, nor found elsewhere, but at home, and within your selves.
And certainly, the Kings and Queens formerly have done Notable Assistances for the Maintenance and Conservation of the True Religion, and of many States, which had need thereof; among which our Lords do profess themselves as much obliged and bound, as any other.
And the King and these Kingdoms shall yet, in time, be able to do the like Assistance, as well for the present (now there is so great a Necessity) as for the future; provided you conserve your selves in that Concord and Union. which heretofore hath made, and shall ever make you Mighty and Redoubted.
From hence it is, that the Enemies of the Peace of Christendom, and their Agents, who long since have framed and forged the Design of an Universal Monarchy of Europe, yea, of all the World; seeing and perceiving with an envious and malicious Eye your former Happiness, your flourishing State, and your Power; and that there was nothing so contrary and dreadful to their vast Conceptions, as your Oppositions: To hurt and weaken, yea, to Ruin you, if they had been able, they have heretofore used all Violence, and the Strength of great Fleets and Armies, but in vain, and without Success.
They have at last not been able to act a better Play, than that which is most familiar to them, and which hath helpt them to the Ruine of many great States, which have not been so Circumspect and Prudent, as you are.
It is so, that quitting Violence, in a profound Peace, which they have with you, and during the time of the same, they have sown among you the Seeds and Weeds of Discord and Dissention, as well in Politicks as Church-Businesses, and shall ever foment them, whence they could assure themselves of a certain Profit, what End soever the said Dissentions might take.
And by these Means, and their accustom'd Craft, they have proposed to obtain that by Intestine Troubles, you should weaken your selves, and making you less mighty and less dreadful, and no ways considerable, you might serve at last (which God avert) to the Inglutting of their insatiable Ambition, to the Distruction of the True Religion, and of all that which may be dear and recommendable unto you.
As we see already brought to pass in Ireland, where the Cruelties, Murthers, horrible and unheard of Slaughters have been perpetrated with effusion of so much Innocent Blood, to the total Destruction of the true Protestant Religion there, and to the great Danger of the State it self.
Our Lords seeing these Misunderstandings, Troubles and Miseries here already grown to so great an Extremity and being so highly Interessed in your well-being, have esteemed it fit and timely to send us, their Ambassadors to this Kingdom, to offer to the King and to his Parliament, our Service and Mediation.
And our said Lords declare, That they have not been moved hereunto by my Presumption, or to intrude themselves in the Business of a great King, and of these Mighty Kingdoms, but only to acquaint themselves of the Office and Duty of good Friends; and also to acknowledge, in this Occasion, the great Obligation, which the King and these Kingdoms, have upon our Republique.
Our Lords further do perswade themselves, that no other State in the World, but theirs, shall be found more sit and acceptable (in their Opinion) to interpose it self in the Mediation of an Accommodation, and Reunion between his Majesty and his Parliament, and to whose Interposition more Credit might be given, without all suspicion; for the Honour, Greatness and Prosperity of the King and these Kingdoms is, by Reflection, the same for our Republique; and, on the contrary, your Evil is to us a very great Affliction, and a most sensible Evil.
From thence may be taken this firm Assurance, that the Aim of our Mediation shall not be to recommend and Accommodation and Reconcilition feigned and painted without, nor prejudicial, and not assured within; but to procure a true Reunion, sincere and perfect, founded upon the Basis of the true Religion and Justice, which shall re-establish respectively the good Correspondence, Considence, Love, and the Respects between the King and his Parliament, and between all the good Subjects of these great Kingdoms.
The King hath so much approved of the Reasons and Proffers of our said Lords, that his Majesty hath accepted on his Part our Interposition, and hath consented to a Conference between Commissioners to be sent from both Parties (if you find it good) and that you shall choose the Place, the Time, and the Number of Persons, who shall be employ'd in this Action.
All War is an Affliction and Punishment of God in which we are not to take delight, when we can be freed of it upon honest and sure Terms and Conditions, that the Wrath of God be not longer provoked against us.
It is to be considered also, if no Reasonable Accomodation be found, that the Decision of your Differences by Arms is not to be expected so soon; but rather on the contrary, that it shall be the Cause of perpetrating the Wars in these Kingdoms; because the King shall ever Live in his Royal Posterity, and the Parliament never dies, to suscitate always the former evil Successes by new Wars, which at length shall cause the total Ruin and Destruction of State and Religion, only to the great Advantage of the Common Enemy of our Faith.
If it please you to make use of our Intercession, unto which the King Consented at our first Proposition and Offer, we promise you to proceed and labour in it with all Sincerity and Fidelity, as Ambassadors sent by your best Friends and Allies, making profession of one and the same Religion.
And we shall spare to Endeavour, Travail, nor Pain (by the good Will which his Majesty hath declared to us, and by your good Intention) to make the Affections of our Lords succeed to such Perfection, that the King and Parliament, and all good and Loyal Subjects of the King, and Lovers of their Countrey, shall find their desired Contentment and Tranquillity with all Assurance.
We must yet add, That your Troubles and Wars, trouble and endanger us also; for many Merchants and Masters of Ships daily present themselves to our Lords, the States General, and to us here, with their Complaints, that your Men and Ships of War trouble their Course of Trading and Traffique, and take their Ships and Goods without any just Cause, and without Reason and any Right at all; as may be seen by a Memorandum hereunto annexed, which you are desired to take Notice of, and to give Order of Restitution and Reparation of the Damages sustained for the present, and to take such Course, that for the future the like Excesses may be prevented.
Having delivered this to the Lords, they were by the Master of the Ceremonies conducted to the Commons, where they did the same: And in the Commons House, Forty eight Colours taken at the Battel of Marston Moor, were laid upon a Side-Table, and exposed to view all the while the Ambassadors were in the House. The Speakers of each House now only return'd them some General Complements, promising an Answer in convenient time.
But by reason of other intervening Affairs, the matter slept, or was deferr'd until the 10th of December following; and then the Ambassadours having importuned an Answer, were again admitted in State, and received an Answer from both Houses to this effect:—That the Parliament of England had consider'd of, and do very sensibly Acknowledge the great Love and Respect of the High and Mighty States General of the United Provinces towards this Nation, in making tender of, and shewing their Readiness to afford their Assistance and Mediation for Composing the present Differences in England, and that they do accept it with all Thank. fulness, desiring the Continuance of all Amity and Friendship: But in regard Propositions for Peace were set on Foot before, and that there is likewise a Conjunction of the Kingdom of Scotland, and so a Necessity of their Concurrence in what shall be endeavoured, which cannot be had in point of time; they therefore desire the States Ambassadors should understand so much by way of Answer.
An Ordinance concerning the new Excise upon Allum, Copperas, Monmouth Caps, and Hats of all sorts; Hops, Saffron, Starch, and all manner of Silks or Stuffs, whereby it was ordained, that the Goods and Commodities following, made or growing within this Kingdom, shall pay by way of Excise upon the first Sale, and by the first Grower and Maker thereof, for every Value of 20s. and so proportionable for a greater or lesser Value the Sums following. viz.
- Every 20s. worth of Allum to be paid by the first Buyer 6d.
- Of Copperas English 12d.
- Of Monmouth Capps 12d.
- Of Hats, to be paid by the Maker 12d.
- Of Hopps, to be paid by the Planter 6d.
- Of Saffron and Starch 12d.
- Of Silks and Stuffs, and Upholstery Ware 6d.
- Of Tin 12d.
- Of Wood and Iron 6d.
- Of Tobacco-Pipes 4d. per Gross.
An Ordinance for Raising of an Army of 10,000 Foot, 1700 Horse, and 1350 Dragoons, out of the Counties of Essex, Suffolk, Norfolk, Hertford, Huntington, Cambridge, Isle of Ely, Berks, Buckingham, Northampton, Warwick, Glocester, Wilts, Sussex, Surry and Hampshire, to be ready to March by the 20th. of this present July, and to be employed about Oxford, or such other places as by the two Houses or Committee of both Kingdoms shall be thought fit for the security of the said Counties.
This day also Greenland-House, which had for some time been Besieged by the Parliaments Forces, who had lately been reinforced by Major General Brown's coming thither, was Surrendred to the said Brown by Col. Hawkins the Governour, on these Conditions, viz. 1. To deliver up the House, with all Ammunition, Ordinance and Provision therein. 2. The Officers to march away with their Horses and Swords, the Common Soldiers with their Arms, Colours and Baggage, and to be Convoyed to Nettlebed, and all Prisoners on each side to be discharged: There were found in the House five Pieces of Ordnance, thirty Barrels of Powder, good Store of Provision, and much rich Houshold stuff.
The Lord Grey of Grooby and Sir John Gell, having joyned their Forces between Derby and Leicester, resolv'd to attempt a Garrison of the King's at Wilny Ferry, to which purpose they got about sixty Cartload of Hay, and other Combustible Stuft, which they drove up to the Works of the Garrison, and brought up their Souldiers behind them in security. Then they set the Hay on Fire, the Smoke whereof being driven by an high Wind, fell upon the Garrison, so grievously annoy'd them within, that they were soon driven from their Works, and Surrendred upon Quarter for Life: There were taken Capt. Robinson the Governour, and two other Captains, and about 70 Common Souldiers, and 2 Drakes.
The Lords and Commons in Parliament Assembled taking into their serious Consideration the Necessity of the timely Provision of Fewel, for the Cities of London and Westminster, and places within the Lines of Communication and Bills of Mortality, heretofore furnished with Coals from the Town and Parts near Newcastle; and to the end the scarcity which is like to be of that kind of Fewel, may in part be supplyed with Turf and Peat, wherewith a good Accommodation may be had forth of the Neighbouring Parts at reasonable Rates and Prizes: Have Ordained, and be it Ordained by the said Lords and Commons, that it shall and may be lawful, and full Power and Authority is hereby given and granted to the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council Assembled, to Nominate and appoint a convenient Number of Persons, which shall hereby have Power and Authority by themselves, their Agents and Assistants, to enter into, and get and dig any quantity of Turf or Peat, in or upon any inclosed Pastures, Commons, or Wast-grounds (not being Gardens, Orchards or Walks) whether now or hereafter sequestred, or the Lands belonging to the King or Queen's Majesties, or to any Bishop, or Dean and Chapter, out of which any such Turf or Peat may be gotten and digged, and with conveniency Convey'd by Water or Land, to the said Cities and Places aforesaid.
And be it likewise Ordained by the said Lords and Commons, That the Agents to be appointed by Virtue of this Ordinance, shall have Power and Liberty to assay and make Tryal for Turfor Peat in the Commons and Waste-grounds of any Person or Persons whatsoever, not being Delinquents, within any Ordinance of Parliament, so as before their farther Proceeding in Cutting or Digging, they first agree with the Lessee or Owner, and if he shall prove refractory, the Damage to be Assessed by the Committee.
Which Fewel so gotten, to be disposed for furnishing the Cities and Places aforesaid at such easy and indifferent Rates, respecting the Pains and Charges of getting the same, as shall be set down by a Committee of the Common Council of London, who shall have Power to Order and Regulate the distribution thereof, wherein Care to be taken that the Poorer sort of every Parish be first served, if they shall desire it, and afterwards tke other degrees and ranks of People, &c.
It was Ordered by the House of Commons, that whereas Mr. Denzil Hollis was wrongfully Fined and Imprisoned for his Fidelity to his Country, and asserting the Publick Right and Liberties which Fine unjustly imposed by the Star Chamber, he was forced to pay into the Exchequer, the Sum of the said Fine should be allowed to be Repaid him out of the King's Revenue.
The French Ambassador who had been several Months in England, and made divers Applications to the two Houses, which they would not accept, because wanting that Title in the Direction, which they expected, did this day Address a Letter thus superscribed, To the Commons Assembled in the Parliament of England at Westminster.
Be it ordain'd by the Lords and Commons assembled in Parliament, and by the Authority of the same, that Robert Earl of Essex, Captain-General of the Forces raised by the Authority of Parliament, Algernoon Earl of Northumberland, Henry Earl of Kent, Philip Earl of Pembrook, William Earl of Salisbury, Oliver Earl of Bulling brook, Edward Earl of Manchester, Basil Earl of Denbigh, William Lord Viscount Say and Seal, Philip Lord Wharton, Dudley Lord North, William Lord Grey of Werk, John Lord Roberts, Philip Lord Lisle, Sir William Waller, Sir Arthur Haslerig, Sir John Corbet, Sir John Bamfield, Sir Henry Heyman, Colonel Alexander Popham, Colonel Stapeley, Colonel Whitehead, Colonel Morley, Colonel Purefoy, Colonel Ven, Edward Bainton Esq; Colonel William Jephson, Colonel Alexander Rigby, Thomas Arundel Esq; Serjeant-Major-General Skippon, Sir Nathantel Brent, Doctor Thomas Eaten, John Bradshaw Esq; William Steel Esq; Sir James Harrington, Colonel Brown, Colonel West, Colonel Charles Fleetwood, Colonel Williams, Colonel Turner, Colonel Manwaring, Colonel Witchcote, Colonel Pindar, Lieutenant-Colonel Welden, Lieutenant Colonel Underwood, Lieutenant-Colonel Wilson, Major Salloway, Major Tichborn, Colonel Humphrey, Colonel Player, Colonel Prince, Colonel Harsnet, Major Camfield, William Molins, Colonel Owen, Lieutenant-Colonel Web, Lieutenant-Colonel Bradley, or any twelve or more of them, whereof such of the Members of either House of Parliament, as have Commissions and Commands in any of the Armies or Garrisons, and Sir Nathaniel Brent always to be three, shall be Commissioners and shall have full Power and Authority to hear and determine all such Causes as belong to Military Cognizance, according to the Articles in this present Ordinance mentioned, and to proceed to the Trial, Condemnation and Execution of all Offenders against the said Articles, and to inflict upon the Offenders such Punishment, either by Death, or otherwise corporally, as the said Commissioners or the major Part of them, then present, shall judge to appertain to Justice, according to the Nature of the Offence, and Articles here ensuing.
- I. No Person or Persons whatsoever shall from henceforth voluntarily repair to, or go from the Cities of London and Westminster, or from any Parts of the Kingdom, under the Power of the Parliament unto the Person of the King or Queen, or Lords of the Council abiding with Him, or Her, or to any Commander or Officer of the King's Army; or shall give or hold any Intelligence by Letters, Messages or otherwise, with any in Arms against the Parliament without Consent of both Houses of Parliament, for managing the War, the Lord-General of the Forces raised by the two Houses, or from the respective Officers, that shall command, in Chief any of the said Forces, upon pain of Death, or other corporal Punishment at Discretion.
- II. Whosoever hath, or shall plot, contrive, or endeavour the Betraying, Surrendring or Yielding up to the Enemy, or hath or shall, contrary to the Rules of War, Surrender, Yield up or Betray any Cities, Towns, Forts, Magazines or Forces, which now are, or hereafter shall be under the Power of the Parliament shall be punished with Death.
- III. No Person or Persons whatsoever not under the Power of the Enemy, shall voluntarily relieve any Person, being in Arms against the Parliament, knowing him to have been so in Arms, with any Money, Victuals or Ammunition, upon pain of Death, or other Corporal Punishment at Discretion, nor hall voluntarily and knowingly harbour or receive any being in Arms, as aforesaid, upon pain of Punishment at Discretion.
- IV. No Officer or Soldier shall make any mutinous Assemblies, or be assisting thereunto, upon pain of Death.
- V. No Guardian or Officer of any Prison shall wilfully suffer any Prisoner of War to escape under pain of Death, or negligently under pain of Imprisonment, and farther Punishment at Discretion.
- VI. Whosoever shall voluntarily take up Arms against the Parliament, having taken the National Covenant, shall die without Mercy.
- VII. Whatsoever Officer or Commander hath or shall desert their Trust, and adhere to the Enemy, shall die without Mercy.
And it is hereby farther ordained by the Authority aforesaid, that the said Commissioners or any Twelve or more of them, whereof such of the Members of either House of Parliament as have Commissions and Commands in any of the Armies or Garrisons, and Sir Nathaniel Brent always to be three, shall be authorized from time to time, so often as they shall think fit, or shall be ordered thereunto by both, or either House of Parliament to fit in some convenient Place within the Cities of London, Westminster, or Lines of Communication, and to appoint a Judge-Advocate, a Provost Martial, and all other Officers needful. And it is hereby farther ordain'd, That all Mayors, Sheriffs, Justices of Peace, Constables, Bailiffs and other Officers shall be aiding and assisting to the said Commissioners in the Execution of the Premisses ; and that the said Commissioners and every of them, and all and every other Person and Persons, that shall be aiding and assisting to them in the Execution of the Premisses, shall be saved harmless and indemnified for what they shall do therein, by Authority of Parliament. Provided nevertheless, that no Member of either House of Parliament, or Assistants of the House of Peers, shall be Questioned or Tried before the Commissioners appointed by virtue of this present Ordinance, without Assent and Leave first had and obtained of both Houses of Parliament.
And be it also provided, that this present Ordinance, and the Authority hereby given, and appointed to the Persons hereby nominated, shall endure and have Continuance for four Months from the making hereof.
Provided, that this Ordinance, for any Offence hereafter to be committed, shall not take Place or be of Force, until Eight Days after the Publication hereof, any thing in this Ordinance to the contrary notwithstanding.
Resolved by the Lords and Commons in Parliament assembled, That one of the Articles for the Commissioners of Martial Law shall be to have Power, and they are hereby authorized to proceed against such Officers and Soldiers as have departed, or shall depart from their Colours, without Leave, according to my Lord General's Articles.
And further ordered, that the Committee for the Militia, have notice of this Order, who are hereby enjoined to give Directions to the several Courts of Guards, to apprehend such of the said Officers and Soldiers, as they come to the Courts of Guards; and this Order is to be Printed and Published.
Ordered and Declared by the Lords and Commons, That all Officers and Soldiers, that are in and about the Cities of London and Westminster, and are under and have Command abroad, and do not depart the same by Friday next, and go to their several Colours and Charges, shall be proceeded against by the Commissioners for Martial Law, according to my Lord General's Articles, who have Power hereby to proceed against them accordingly, excepting against such as are to attend by Order of Parliament.
Ordered by the Lords Assembled in Parliament, that these Orders be forthwith printed and published.
An Ordinance for Associating the Counties of Wilts, Dorset, Somerset, Devon and Cornwall, and the Cities of Bristol and Exeter, and the Town and County of Pool; and for the putting them into a Posture of Defence.
The House of Commons having been long upon the Consideration of Propositions to be offered to His Majesty for Peace, and having sent what they had prepared to the Parliament of Scotland who return'd the same with some few Verbal Alterations; They were this Day again read in the House, and consented to, and carried up to the Lords for their Concurrence.
It is this Day ordered by the Lords and Commons Assembled in Parliament, That the Serjeants and Counsellors at Law in the several Counties of this Kingdom within the Power of Parliament shall execute the Commissions of Oyer Terminer, and Goal-Delivery, wherein they are nominated Commissioners, notwithstanding any Statute or Clause therein to the contrary.
It is this Day ordered and ordained by the Lords and Commons assembled in Parliament, That Commissions of Sewers shall be granted by the Commissioners of the Great Seal for the several Counties of this Kingdom within the Power of the Parliament. Although the Lord Treasurer or Lord Chief Justices be absent.
An Ordinance for a new Impost or Excise upon Herrings, Three Shillings a Last (which is Ten Thousand Herrings) by the Taker, and Five Shillings a Last by the first Buyer; To go towards desfraying the Charge of the Men of War, which are to convoy them whilst they are fishing.
It is this Day ordered by the Commons Assembled in Parliament, That Mr. Speaker shall have Power to grant Passes to such as shall come in, with Limitations of Ten Days for them to come in; and that the Guards shall be enjoined to bring the said Persons to Mr. Speaker immediately upon their coming to the Ports or Forts; and that he shall send them forthwith to the Committee of Goldsmiths-Hall and Haberdashers-Hall ; And that Mr. Speaker shall appoint Duplicates to be kept of all such Passes as he shall so grant.
An Ordinance declaring it lawful for all Foreigners and Strangers in Amity with this Kingdom to have free Trade and Commerce to and from the City of London, and all other Ports and Places within any of His Majesty's Dominions standing right, and keeping Fidelity to the King and Parliament.
The Humble Petition of the Ministers of the City of London.
That your Petitioners, with Joyfulness, have entertain'd, and with all Thankfulness do acknowledge the frequent and affectionate Expressions of your pious Resolutions for the settling of this Church's Peace, especially in the first Remonstrance, wherein you are pleased to declare, That it is far from your thoughts, purpose or desire to let loose the Golden Reins of Discipline and Government in the Church; To leave private Persons or particular Congregations to take up what Form of Service they please; as likewise in the late National Covenant, wherein both Houses of Parliament, and the three Kingdoms stand solemnly engaged to the Most High God, for a full Reformation and Uniformity in Doctrine, Worship, Discipline and Government, and in Convening an Assembly of godly and learned Divines for that End.
Yet notwithstanding, sore are the Pressures under which we groan; Give us leave therefore, we beseech you (in pursuance of our National Covenant) to sigh out our Sorrows at the Feet of this Honourable Senate.
Through many erroneous Opinions, ruinating Schisms, and damnable Heresies (unhapily fomented in City and Country) the Orthodox Ministry is neglected; the People seduced; Congregations torn asunder; Families distracted; Rights and Duties of Relations National, Civil and Spiritual scandalousty violated; the Power of Godliness decayed; Parliamentary Authority undermined; fearful Confusion introduced; imminent Destruction threatned, and in part inflicted upon us lately in the West.
May it therefore please your Wisdoms (as a Sovereign Remedy for the Removal, as we humbly conceive, of our present Miseries, and prevention, of their further Progress) to expedite a Directory for Publick Worship, and to accelerate the Establishment of a pure Discipline and Government (according to the Word of God and the Example of the best Reformed Churches) and to take away all Obstructions that may impede and retard our humble Desires,
An Ordinance for maintaining the Forces of the seven Associated Counties under the Command of the Earl of Manchester, by a weekly Payment upon the said Associated Counties to begin the first day of September, and to continue for four Months next ensuing.
An Ordinance for Ordination of Ministers pro tempore within the City of London, whereby twenty Three Ministers (Ten of the Assembly, and Thirteen of the City) or any Seven of them are to Ordain; and if any Preach, or exercise the Ministerial Office that shall not be Ordained, or thereunto allowed by Seven of the said Ministers, they shall be punish'd.
Colonel Urrey formerly imploy'd by the Parliament, but deserting them at that Time Esquire Hambden was slain at Chalgravefield, had a mind now also to quit the King's Service, and had procured his Majesty's pass to Travel into Denmark, and endeavoured to obtain the like from General Esses, but in the mean time was taken by some of Waller's Forces and sent up to London.
This was the first day the Court Martial sat at Guild-Hall, the Earl of Denbigh President, and Mr. Mills Advocate. The First they Try'd was Captain Syppins, for endeavouring to betray the Isle of Guernsey, in the Power of the Parliament to the Enemy; For which he was condemned to dye; but afterwards by the Mediation of Major General Skippon, Reprieved,
The next was one Francis Pitt, of the Parish of Wolverhampton, in the County of Stafford Yeoman, Aged 65 Years, and one that (as he said at his Execution) had been a great Professor; he held a Farm for Life of one Colonel Levison, a Papist Governor of Dudley Castle, who prevail'd with him, having some occasions to go frequently to Rushall-Hall, a Garrison of the Parliaments, to carry a Letter to Captain Juthill the Governor there, offering him 2000l. if he would betray and surrender that Garrison; to which Juthid seem'd to Consent, and this Pitt often went between them, till at last Juthill having by this Negotiation got some Prisoners releas'd seiz'd Pitt; notwithstanding which a Party from Levison came up according to the Agreement, and faced Rushall-Hall, but instead of being admitted, had two Drakes discharg'd upon them, and some kill'd.
This Pitt confessed the whole matter, and being on the 12th of October brought to Execution in Smithfield, made a long Speech to the People, was very large in acknowledging his Sins, express'd his sorrow for attempting the Fact for which he was to suffer, and prayed very servently and devoutly.
The House of Commons taking into Consideration the great want of Money for supply of the Forces at Reading and Abbington ordered that the King's Plate, should be imployed to the best Advantage as Security for raising of three Thousand Pounds towards paying the said Forces. And that such Plate amongst the Regalia as had Cruci sixes or other superstitious Pictures on it, should be disposed of for the Advantage of the State ; but the Lords opposed the same.
An Ordinance for an Assessment through the Kingdom of England: and Dominion of Wales, for the present Relief of the British Army in Ireland; Reciting, that the Lords and Commons in Parliament Assembled having formerly (after great Sums of Money had been raised by several Acts of Parliament) resorted to the Charity and Benevolence of well-affected Persons for the Supply and Relief of the distressed Protestants in Ireland, and the Armies which have been sent hence, and raised there for their Defence against the Bloody Rebels of that Kingdom, though the same hath not taken that effect which was intended, by Reason of the slack Prosecution of the War in some Provinces, and the Cessation of Arms submitted unto by some of the Forces in the other Provinces; yet now finding that those Forces in some of the Provinces, who have hitherto opposed the Cessation, and some others who did submit thereunto, are now resolv'd, and have declared themselves to proceed in a more vigorous Prosecution of the War, so as they may be supplied from this Kingdom with a necessary Subsistence; have thought fit for a convenient and certain Provision to support the British Forces of Horse and Foot, raised in the Provinces of Ulster, Munster, and Connaugh, in such a way as may procure Credit for the same, To Ordain, and be it ordained, That for the Intents and Purposes aforesaid, the several Weekly Sums hereafter in this Ordinance mentioned, shall be Charged, Rated, Taxed, and Levyed upon all and every the several Counties, Cities, Towns, Liberties, Places, and Persons hereafter mentioned, according to the Proportions, Rates, and Distributions in this present Ordinance expressed, the same to be paid Weekly to the several Collectors to be appointed for the Receiving the reof, and so to continue for the space of 12 Months, from the first day of Sempt. 1644. That is to say,
An Ordinance of the Lords and Commons assembled in Parliament; Commanding that no Officer or Soldier either by Sea or Land, shall give any Quarter to any Irish Man, or to any Papist born in Ireland, which shall be taken in Arms against the Parliament in England.
The Lords and Commons Assembled in the Parliament of England, do declare, that no Quarter shall be given to any Irish Man nor to any Papist born in Ireland, which shall be taken in Hostility against the Parliament, either upon the Sea, or within this Kingdom, or Dominion of Wales, and therefore do order and ordain, That the Lord General, Lord Admiral, and all other Officers and Commanders both by Sea and Land, shall except all Irish Men, and all Papists born in Ireland, out of all Capitulations, Agreements, and Compositions hereafter to be made with the Enemy, and shall upon the taking of every such Irish Man or Papist born in Ireland as aforesaid, forthwith put every such Person to Death. And it is further order'd and ordained, That the Lord General, Lord Admiral, and the Committees of the several Counties, do give speedy Notice hereof, to all Subordinate Officers and Commanders by Sea and Land respectively, who are hereby required to use their almost Care and Circumspection, that this Ordinance be duely executed; and lastly, the Lords and Commons do declare, That every Officer and Commander by Sea or Land, that shall be remiss or negligent in observing the Tenour of this Ordinance, shall be reputed a Favourer of that bloody Rebellion of Ireland, and shall be liable to such condign Punishment as the Justice of both Houses of Parliament shall inflict upon him.
An Ordinance constituting Sir Nathaniel Brent Judge of the Prerogative Court of Canterbury, whereby he is Ordered and Authorized to have, hold, use, and exercise the said Office with the Appurtenancies, and that all Processes, Probates of Testaments, Letters of Administration and other Things whatsoever, which shall pass the Seal of the Court, shall pass in the Name and Stile of the King, and with the Test of the said Sir Nathaniel; and that the said Sir Nathaniel Brent. in the Execution of his said Office, shall have in the Seal of his said Office the King's Arms decently set with these Characters ingraven about it, [SIGILLUMCURIÆ PRÆROGATIVÆ] and shall use no other Seal for the said Office.
At this Time the Lord Macguire and Hugh Oge Mac Mahone Esquire, were first brought upon their Tryals; The Bills against them being this Day found by the Grand Jury. And tho' the former by reason of his Plea of Peerage was not Executed till some Months after, yet I shall here together set down the whole Story of them both.
These Gentlemen were two of the Principal Contrivers of the Irish Rebellion and Massacre of the Protestants in that Kingdom; and taken upon the first Discovery October 22, 1641. at Dublin, being come up thither on purpose to surprize the Castle, the next day (the time appointed for the general Insurrection) Mac Mahone upon his first Apprehension freely Confessed and boldly avowed the Plot; but Macguire would then acknowledge nothing, but on the 26th of March following, being examined before the Lord Lambert and Sir Robert Meredith Chancellor of his Majesty's Court of Exchequer; He own'd and set forth much of the Conspiracy, which Examination you have before in the first Chapter relating to Ireland. About July 1642. They were sent over into England, and Committed to the Tower, and by means of the multiplicity of Affairs wherein the two Houses were involv'd, and the difficulty of having the Witnesses against them from Ireland, they continued there in Custody till Saturday the 17th of August 1644. and then by the Consederacy of two Priests that belong'd to the Spanish Ambassador, and one Mrs Leviston over against the New Exchange in the Strand, in whose House the French Agent lay, They having got a small Steel Saw, therewith in the Night saw'd asunder the Door of their Chamber, which was above two Inches thick, and so with Cords got over the Tower-wall, and swam over the Ditch; Whereupon the Parliament set forth an Order for their Apprehension, promising 100 l. to any that should bring them in, or either of them, Dead or Alive; and that whosoever should harbour or relieve them, should be prosecuted as Traitors.
No News was heard of them till the 19th of September, and then they having got Lodgings in a Constable's House in Drury Lane, and one of them looking out of the Window or Balcony to call a Woman that cry'd Oysters, it happened at that Instant a Servant of Sir John Clotworthy's espyed him, and instantly gave Notice to his Master and the Lieutenant of the Tower, who came and seiz'd them, and carried them back to the Tower; Mrs. Leviston's Room was also search'd and She taken into Custody, but because the French Minister had Lodgings in her House, to prevent any occasion of Offence, a Declaration was drawn up to give his most Christian Majesty satisfaction touching this Affair.
This breaking Prison put these two Houses upon expediting their Tryal; and the Bills being found November 11th, on the 13th they were arraigned at the King's Bench Bar: The Indictment Charging, That they the said Hugh Mac Mahone Esquire, and Coner alias Cornelius Macquire Esquire, together with Sir Phelim O Neal, Philip O Riley, Roger Moor, Roger Macguire Esquires, Toole O Conley Clerk (being a Roman Priest) and divers other Persons false Traitors unknown, as false Traitors against the Kings Majesty their Supreme Leige Lord, not having the fear of God in their Hearts, nor considering their Duty or Allegiance; But being seduced by the Instigation of the Devil, intending altogether to withdraw, blot out, and extinguish the Cordial Love and due Obedience which faithful Subjects owe to their Sovereign, On the 20th of October, 17 Car. at Dublin in Ireland in the Parts beyond the Seas, and at divers other times both before and after, as well at Dublin, as elsewhere, falsty, maliciously and triterously did Conspire, imagine and compass utterly to deprive and disinherit the King's Majesty of his Royal Estate and Kingdom of Ireland, To bring his Majesty's Person to Death and Destruction. To raise Sedition, and breed and cause miserable Slaughter and Destruction amongst the King's Subjects, throughout all the whole Kingdom. To make an Insurrection and Rebellion against the King their Sovereign, to Levy publick open bloody and fierce War against the King in that Kingdom. To Change and alter according to their own Wills, the Government of the Kingdom, and the Religion there established, and totally to convert the well ordered State of that Common Wealth; to procure and bring in divers Strangers and Foreigners (not being the King's Subjects) in a Warlike manner to invade that Kingdom of Ireland, and to Levy War there.
And in Execution of these their wicked Treasons and Traiterous Conspiracies, the 20 of October 17 Car. They the said Hugh Mac Mahone and Conor Macguire at Dublin, and at divers other Times and Places, by one Toole O Conley and divers other Messengers by them sent to Owen O Neal being then in Flanders, did move and incite the said O Neal to Levy and Raise an Army in Flanders, and thence to bring that Army over into Ireland in an Hostile manner to invade that Kingdom. And further to put in Execution their Traiterous Purposes, they together with the Persons before named and others, the 20th of October 17 Car. at Dublin, and at divers other Times and Places in Ireland before and after did Traiterously Conspire to enter into, seize, get into their own Power, and to surprize the King's Castle at Dublin, and all other the King's Castles and Forts in that Kingdom, and the Magazines therein. And at the same time they Unlawfully and Traiterously did endeavour and actually attempt to gain into their Possesion and Power, and to surprise the said Castle of Dublin and the Munition therein. And further to bring to pass their most horrid wicked Treason and Conspiracies, they with the other Persons named Phelim O Neal and others, on the 22nd October 17 Car. At Charlemont and other Places before and after, being Armed and Arrayed in a Warlike manner, with Banners displayed, Drums, Swords, Staves, Guns, and other invasive and defensive Weapons, did Falsly and Traiterously prepare and Levy open, fierce, and bloody War against the King's Majesty. And the same 22nd of October, seized and surprized the King's Fort at Charlemont: And then and there Maliciously and Traiterously did Kill and Murder Toby Lord Calfield, Francis Daviel and others that were Protestants; and that 4 Junii 18 Car. at the Castles of keilagh and Cragan, and other times and places before and after, Levyed War, seized and surprised those Castles, and did kill and murder Owen Powel and William Cosens, and many other of the King's Protestants Subjects in that Kingdom, against their duty and Allegiance in manifest Breach and Contempt of the Laws and Statutes of this Kingdom, and against the Peace of the King, his Crown and Dignity.
To which Indictment Mac Mahone pleaded Not Guilty, and put himself for Tryal upon God and his Country ; But Macguire alledg'd he was a Peer of Ireland, and ought to be tryed there by his Peers, desiring that he might be allowed Council therein for matter of Law and Form, which was granted accordingly. Mac Mahone on Monday November 18th on full Evidence was found Guilty, and receiv'd Judgment as in Cases of Treason, and on the 22nd was Executed accordingly at Tyburn ; refusing to make any consession, and being ask'd if he desired any to pray for him, answered, None but Roman Catholicks.
That by the Statute of Magna Charta 10 February 9 Hen. 3, It was enacted, that none should be Tryed or Condemned but by the law-ful Judgment of his Peers ; and that by the Statute of 10 Hen. 7. It was enacted, that all the Statutes made in England, should thenceforth be in force in Ireland.
That before the Time of the several Treasons charged in the Indictment, Brian Macguire his Father, by Letters Patents was Created Baron of Eniskellyn in Ireland to him and his Heirs Male of his Body; By force whereof his Father was seized of his Barony in Fee Tail; and 1 Feb. 12 Car. dyed so seized; after whose Death the said Barony descended to the Defendant, by Virtue whereof he was a Baron of Ireland; and that at a Parliament held at Dublin 16 March 16 Car. which was there continued till 7 August after, and then adjourned to the 9th of November following, and then prorogued to 24 of February thence next following, and from thence continued till 24 June 18 Car. He was one of the Noblemen and Peers that fat in the said Parliament.
That 23 October 17 Car. he was arrested and imprisoned upon pretence of the several Treasons in the Indictment mentioned, and there continued till 12 June 18 Car. when he was brought against his Will to Westminster, and thence committed to the Tower of London in strict Custody. All which he does averr, and prays that he may be Tryed and Judged by his Peers in Ireland.
And after it had several Days been argued, both by the Defendant's Council, and the King's; Judge Bacon at the beginning of Hillary Term over-ruled the Plea, and delivered his Judgment, that a Baron of Ireland is triable by a Jury in this Kingdom. Which Opinion of his was approv'd of by both Houses in the following Order:
Ordered by the Lords and Commons in Parliament Assembled, That the said Houses do approve of the Judgment given by Mr. Justice Bacon in over-ruling the Plea of the Lord Macguire, and of the Manner of the Tryal upon the Indictment of High Treason in the King's Bench; and the Judge is hereby required to proceed speedily thereupon according to Law and Justice.
Accordingly the same 10th of February, the Lord Macguire was brought to the King's Bench Bar. And a Jury being called, consisting of Knights and Gentlemen of good quality, whereof 23 appeared, he challenged them every one peremptorily. Then the King's Council consulted together, and with the Clerk of the Crown, and afterwards Sergeant Whitfield acquainted the Court, That they had consulted several Precedents, whereby they found, that where there should happen such a peremptory Challenge, it was in the Power of the Court to order the Course of the Tryal, and the Course is this. There goes a Writ to the Sheriff, that he shall destrain all them that make default, and a move those that are challeng'd by the Prisoner; and further, that he shall return so many more for the Tryal, and therefore prayed a Tales returnable on the Morrow, and the Court doubting whether the Sheriff would do it so soon, he cited Friar's Case 3 Hen. 7 Where the Jury did appear on Friday, and all that appeared were challenged, and there was a Distringas returned the next Day, which was Saturday. For in these Cases the Court proceeds De die in diem, and it may be made returnable Immediate. Whereupon the Court order'd a Distringas and a Quadraginta Tales against the next Morning. And a Rule of Court for the Lieutenant then to bring again the Prisoner.
Which being done, and another Jury called, he Challenged 12 in the same Manner as before, which, with the other challeng'd the Day before, made up the Number of 35,25 many as the Law allows a peremptory Challenge unto. And then, before they called any more, his Lordship moved, That his Lands being sequestred, those Men that have bought or are to enjoy them, ought not to pass upon his Tryal, and therefore desired, they might make Answer upon Oath, Whether any of them had adventured or no? To this Mr. Prynn, one of the Council against him, answered, That it did not appear to the Court, that the Prisoner had any Lands or Goods in Ireland, and therefore no such Question was to be demanded of the Jury. Serjeant Whitfield alledged, That such a general Challenge was not warrantable by Law. The Court agreed, That if any of the Persons return'd were to have any particular Benefit in Ireland of Lands or Goods by his Attainder, the Challenge were good, otherwise not; yet to gratisie him, that he might have no colour of Complaint, the Persons return'd were upon Oath required to declare, whether they had adventured or were to have any Share in the Rebels Lands; To which Twelve answered Negatively, and were sworn to try the Prisoner.
Sir Francis Hamilton, Sir William Steward, and the Lord Blaney, proved, that long before the Discovery of the Plot, when the Parliament was sitting, it being given out, That a Coachman of the late Earl of Strafford Speaking of his Master's Beheading (who had been cut off about a Fortnight before in England) should say, that he hoped to see some of the Lords blown up for it: The Lord Clamorris, the Lord Fing all, and other Papists, moved the House of Peers, that they were under Apprehensions of a Protestant Powder-Plot, and the blowing up of the Parliament-House, (which is a great House, where the Commons sit on one Side, the Lords on the other, and the Blockhouse in the midst) And thereupon, though the Lords Justices assured them upon their Honours there was no Powder below, yet they would have an Order to search; and this Lord Macguire was one appointed to search, which they did very strictly, the same (as the Event manifested) being only to assure themselves what Ammunition the Government had and where placed, it using formerly to lye in that Blockhouse; but when they found none there, they very earnestly enquired where the Store was.
Then the Examination of John Woodcock, that was Sheriff of Dublin, taken the 27 October, 1644. upon Oath before Judge Bacon, for that he could stay no longer in England, was read, setting forth the Manner how he took the Prisoner in a Cocklost in the House of one Kern, a Tailor, where he found several Arms, &c. After which was read the Prisoners own Confession (before recited) made in Ireland, 26 March, 1642. and acknowledged by him, June 22d, before the Lord Chief Justice Bramstone and Judge Mallet. And another Examination of his taken before Isaac Pennington Esq; Lieutenant of the Tower of London and Laurence Whitaker Esq; two Justices of the Peace for Middlesex, the first Day of October, 1644 in these Words.
He denieth the receiving of any Letters or Messages out of England, before the Rebellion, nor did he ever hear of any. He faith, he was
but a mean Instrument in the Design in Ireland; he consesseth he intended to seize upon the Castle of Dublin, and the Magazine there, and keep it till they had Redress of some Grievances, which they purposed to propound to the Parliament there; one whereof was to have a Toleration of the Roman Catholcik Religion. He consesseth that he came accidentally to Philip O Rely's House as he came up to Dublin, and as he remembreth Mac Mahone was then there. And that his Intention of coming up to Dublin was to put the said Design in Execution, and that then and there they had speech about that Design, but he remembreth not the Particulars; which Design was to be put in Execution the 23d Day of October in that Year, and that he was taken there that very Day, being Saturday, upon search made for him, carried before the Lords Justices, examined, committed and sent over into England. He faith further, That he made his Escape out of the Tower of London, upon Sunday the 18th of August last, about Four of the Clock in the Morning.
After which John Carmick's Testimony was heard; who deposed, that on the 21st of October, 1641. one Fergus O Howen, one of the Followers of Brian Macguire Esq; discovered to him in the Castle of Iniskillin, that the Lord Macguire and Hugh Oge Mac Mahone accompanied with several Irishmen out of the Counties of Fermanagh and Monaghan were gone to Dublin, to possess themselves of that City and Castle, kill the Lords Justices, &c. The Examinate also produced a Letter written in Irish from the Lord Macguire to his Cousin Brian Macguire, wherein taking notice of his Affection to the English, he advised him therefrom, left in the end it might be his ow Destruction, as he thought it would be to all those that did not appear. The same Witness further deposed the Murther of several particular Gentlemen; That the Rebels burnt the Church of Monah with Eighteen Protestants in it; That there were Two and Twenty Castles seized, and Seven Hundred Sixty-four Protestants in that County destroyed, and that he did hear there were about One Hundred Fifty-two Thousand that were destroyed in that Province of Ulster in the first Four Months of the Rebellion.
The Lady Calfield gave Evidence, That on the 23d Octob. 1641. Sir Phelim O Neal, and others came into her Sons Castle of Charlemont, seized upon all, murthered divers of his Servants, bound the rest, and having taken her Son, the Lord Calfield, got her to write to the Lords Justices, that my Lord Macguire might be exchanged for him, which being refused, they thereupon murther'd the said Lord Calfield, Francis Davis and others.
Sir Charles Coote gave Evidence, That Sir Phelim O Neal, and Roger Moor were the cheif Actors in the Massacre, and that by publick Directions from some of the principal Rebels, and of the Titular Popish Bishops, for sending in of an exact Account of how many Protestants had been destroyed throughout the whole Province of Ulster (but one Fourth part of the Kingdom of Ireland) to the Parish Priests in every Parish, and they to transmit the same; The Account brought in was of One Hundred Four Thousand and Seven Hundred Persons in that one Province during the first three Months of the Rebellion.
And that the Supream Council had granted to the Lady Macguire the Prisoner's Wife, the Rents of several Lands in recompence of the Loss which he was at in their Cause. Likewise a Bull was produced from Pope Urban the 8th dated the 25May, 1643. giving a full Pardon of all Sins to those that were concerned in this War against the Hereticks in Ireland (A Copy whereof we have set down before.)
The Prisoner coming to make his Defence, denied his Examination, but that was proved abundantly by Bramston and others, to whom he had acknowledged it is as aforesaid; also the Lord Blaney proved his Hand being well acquainted therewith. The Prisoner further said, That he came to Dublin only on his own particular Occasions relating to his Estate, and that because he was found about the City therefore he was apprehended. That as to the Number of Protestants mentied to be slain, he did not think there were so many Protestants in the wholeKingdom ; and that he knew nothing of the Plot but by hear-say.
The Judge summing up the Evidence, declar'd to the Jury as a point in Law, That they were to know that where there was a Conspiracy of many to raisea War ;if any of that Conspiracy do act it, all the rest, are guilty. The Jury went together, and after a short space brought him in Guilty. And so Sentence was passed upon him as in Cases of Treason ;and then he was ask'd if he would have any Ministers come to him to prepare him for his End, and to advise him for the good of his Soul; To which he answer'd, I desire none of them, but I desire that I may be Sent back Prisoner to Newgate (where there were at that time some Poish Priests) but that being denied, he desir'd that some Gentlemen of his own Religion might have Access to him, and some who were his fellow-prisoners in the Tower to speak with him in his Keeper's Presence ; and being told he must express, whom he desired to confer with in particular ; he nam'd Mr Walter Montague,
The Petition of the Lord Macguire.
That the Petitioner stands, Condemned for his Life, and adjudged to be Drawn, Hanged, and Quartered: The Performance whereof (be humbly conceives) in some more favourable manner, will be satisfactory to Justice. And forasmuch as your Petitioner bath hitherto enjoyed the degree and dignity of a Lord, which be humbly conceives your Lordships arewell acquainted with,
In tender Consideration thereof, he desireth, That their Honours would graciously be pleased, in Mercy to mitigate the rigour of his Sentence, and turn it to that Degree which most besits the Denomination be hath ; And as be hath been look'd on by the Eye of Justice in his Condemnation ; So that in this Particular be may be pitied, and have Mercy.
But this Petition was rejected by the Parliament and on Thursday February 20th, he was drawn on a Sledge from the Tower through London, and so to Tyburn; where being removed into a Cart, he kneeled and prayed a while; After which Sheriff Gibbs spake to him representing the Heinousness of his Crimes, and the vast Number that had been murthered by that Conspiracy for which he was to suffer, and therefore exhorted him to express his Sorrow for it; In answer to which he said, I desire Almighty God to forgive me my Sins.
Sher. Sir, I shall give you as much time after, as you shall spend to give Satisfaction to the People, I do require you as an Instrument set in God's stead here, to make an Acknowledgment to the People whether you are sorry for what you have done, or no, whether it be good or no?
Then they asked him if he had not some Pardon or Bull from the Pope for what he did; To which he only Answered, I am not of the same Religion with you; and being further urged about a Bull or Pardon, said, I saw none of it; all that I knew I delivered in my Examinations, all that I said in my Examinations are true; All that I said is right; I beseech you let me depart in Peace, and so not returning them any Answer to their Questions, he continued mumbling over a Paper which he had in his Hand, as he had done from his first coming. The Sheriff commanded his Pockets to be search'd, whether he had no Bull or Pardon about him, but they found in his Pockets only some Beads and a Crucifix, which were taken from him; and then Doctor Sibbald said to him, come my Lord, leave those and acknowledge your Offence to God and the World; one drop of the Blood that is upon you; it is nor your Ave Maria's, nor these Things will do you any Good: But it is Agnus Dei, qui tollit peccata Mundi. The Lord Macguire seem'd not to regard his Discourse, but read out of his Paper to the People as followeth.
Since I am here to dye, I desire to depart with a quiet mind, and with the Marks of a good Christian, that is, asking Forgiveness first of God, and next of the World. And I do forgive (from the bottom of my Heart) all my Enemies and Offenders, even those that have an Hand in my Death. I die a Roman Catholick, and although I have been a great Sinner, yet am I now by God's Grace heartily sorry for all my Sins, and I do most considently trust to be saved (not by my own Works, but only) by the Passion, Merits and Mercy of my dear Saviour Jesus Christ, into whose Hand I commend my Soul.
Sher. Sir, If you Answer ingeniously to those Questions we shall ask you, you shall have time afterwards. Whether do you account the Shedding of the Protestant Blood to be a Sin or not; And whether do you desire Pardon of God for that Sin?
All this while his Eye was mostly upon his Papers, mumbling over something out of them to himself, whereupon one of the Sherists demanding those Papers of him, he flung them down. They were taken up and given to the Sheriff, and a Copy of them hereafter follows. They ask'd him further, whether there were not some Agreement with the Rescusants here in England? whereunto he answer'd, I take it upon my Death, I do not know that any Man knew of it; and after some other such like talk, the Sheriff bidding him prepare himself for Death He said, I do beseech all the Catholicks that are here to pray for me, I beseech God to have Mercy upon my Soul; And so was Executed.
A Letter of some of the Friends of the Lord Macguire, who (it seems) intended to attend him to the Place of Execution.
Most Loving Sir,
My Master his Coach shall wait on you infallibly. That day your Friend William shall go by Coach all the Way, upon a Red Horse, with a White Hat, and in a Gray Jacket, and then you cannot choose (by the Grace of God) but to know the Coach, of two whitish Horses, and then you may do, or shew that Token only, as to lift up to your Face your Hand, nodding (or inclining down) your Head, and there shall go two or three (divers) Coaches for the same Purpose, and be sure to have plenary Physick as you desire. I send you this holy Stone, by Virtue whereof you may gain a plenary Physick, in saying any certain Prayer I beseech you, dear Sir, be of good Courage, for you shall not want any Thing, for that happy Journey, and offer you your self wholly for him, who did the same for you. Pray earnestly for your Countrey, and for your own Sons, that God may prosper them. I do humbly intreat you to pray for me, your own poor afflicted Servant.
Your poor Gray.
You shall do well to send your Letters to Morrow to that Young Man that comes to me, and the Wooden Cross that I have sent there of late, I beseech you send me word, whether the Reliquary that came along with those two Crosses was your's or your Companion's Mac Mohun Hugh.
Have mercy on me O God, &c..
Lord not in thy Wrath.
In thee, O Lord have I trusted, let
me never be confounded in thy Justice.
By the Mistery of thy holy Incar-
nation, O Lord deliver us.
Sanctisie me with the Spirit of
Thou sought'st me being weary.
I humbly Pray.
O holy Angels.
We fly to thee for Aid, O holy
Mother of God.
Remember O Maker of all things.
Miserere mei Deus, &c.
Domine ne in surore tuo.
The first penetential Psalm.
In te Domine speravi, non con-
sundar in æternum in tua Justitia.
Per Misterium sanctæ incarnati-
onis tuæ libera nos Domine.
Anima Christi sanctifica me.
Quærens me sedisti lassus.
Sub tuum præsidium consugimus
sancta Dei Genetrix.
Memento rerum Conditor.
O Lord Jesus Christ I worship
thee in the Cross.
Hail sweet Mother of Christ, &c.
O holy Lady Mary.
Lord now let thy Servant depart, &c.
Have mercy on me O God.
Thou sought'st me being weary.
I humbly pray on my Knees.
Thou art the Fountain of Mercy.
O Domine Jusu Christe adoro te in Cruce, &c.
Ave dulcis Mater Christi, &c.
Domina mea sancta Maria.
Nunc dimittis Servum Domine.
Miserere mei Deus.
Quærens me sedistilassus.
Oro supplex & acclivis.
Tu Fons Misericordiæ.
Then make either of these Tokens, stretch out your Hands in form of a Cross or (if you cannot do so) join them together before your Breast, with a Handkerchief, twisted about your Hand (with Sorrow for your Sins, and earnestly desiring Absolution of the Church) and God will absolve you.
Then say, O Amabilissima bonitas! Consiteor Deo, with Sorrow for your Sins, and settle your Heart earnestly to desire an Absolution from the Church (and I desire and Absolution) make your Token (or Mark) of lifting both your Hands to your Face, and letting fall your Handkerchief, God will absolve you.
"Since I am here to die, I desire to depart with a quiet Mind, and with the Marks of a good Christian, that is, asking Forgiveness first of God, and next of the World. And I do forgive (from the bottom of my Heart) all my Enemies, Offenders, even those that have had an hand in my Death.
"I die a Roman Catholick, and although I have been a great Sinner, Yet am I now (by God's Grace) heartily sorry for all my Sins. And I do most confidently trust to be saved, not by any of my own Works, but only by the Passion, Merits and Mercy of my dear Saviour Jesus Christ, into whose Hands I commend my Spirit.
O Lord Jesus Christ.
For that Bitterness.
Thou sought'st me being weary.
I humbly pray on my Knees.
Thou art the Fountain of Mercy.
Domine Jesu Christi.
Propter illam Amaritudinem.
Quærens me sedisti lassus.
Oro supplex & acclivis.
Tu sons Misericordiæ.
This Day there was a very unusual Sight in the Heavens, viz. Not only two Parhelii or Mock-Suns, so that there appeared three Suns, but also a Rainbow revers'd, or having the Back of the Bend towards the Earth, compassing one of the Suns with in the Bow, and the two Ends of the Bow going upwards extended one to one of the other two Suns, and the other to the other; which Phenomenon was the more observed and discanted on, because it happened on this Day, which was the Anniversary of the King's Birth-day.
Also the same Day the Court-Martial sat again in Guild-hall, Sir John Corbet Baronet President; Where was Tried Sir Alexander Carew Baronet, upon the second and seventh Articles of the late Ordinance. The Charge against him was opened by Mr. Mills the Advocate, to this Effect; That when the Wars began, the Town of Plimouth was look'd upon as a most considerable place, and the Island of St. Nicholas was so Appendant to it, that Plimouth could not be safe, unless that were secured; And therefore to secure them both Sir George Childleigh was pirch'd upon Governour, and took a Commission from the Earl of Essex; And by Deputation from him by Consent of Parliament, the Charge and Government of the Island was intrusted unto this Sir Alexander, who had deserted that Trust, adhered to the Enemy, and endeavoured to betray that Island and the Forces therein, which was offered to be made out by proving, That he held Intelligence with Colonel Edgecomb and Major Scowen of the King's Party, not only by Letters, but by Personal Conference several times at Midnight in their own Quarters; That he had slander'd the Parliament and their Proceedings, and justified the King's Proceedings against the Parliament; And magnified the King's Power and Victories, and giving the Parliament's Cause for lost; That he had endeavoured to work upon his Soldiers and Officers by promising them Pardons; That he had declared his Resolution to hold that Island for the King, and endeavoured to put that Resolution in Practice, by putting himself in a Posture both Defensive and Offensive against the Parliament's Forces, and seeking to bring the Forces of the Enemy into the Island, which he had effected, but that his own Soldiers took him Flagranti Crimine, in the very Manner. For manifesting these Particulars, several Witnesses, as Mr. Francis the Major of Plimouth, Mr. Willis and Mr. Randal, two Ministers, Captain Hancock, John Deep, Merchant, and Arthur Skinner, Gentleman, were produced, and his own Consession and Examination read.
Many of these Actions Sir Alexander denied, but his chief Plea was that the Ordinance did not look backwards, but only forward, and therefore he ought not to be tried for them on this Ordinance, since the Matters objected were done and transacted long before the Ordinance was made, viz. about the Month of August, 1643. To which Mills the Advocate replied, I. That his Defence grounded upon the Ordinance of Parliament was not only insufficient, but seemed to reflect on the Wisdom and Justice of the Parliament. 2. That these Exceptions of his arose from a great Mistake, For the two Articles they proceeded upon against him, viz. the second and the seventh, do both look back as well as forward; And indeed do not create or make any new Crime, but declare the Punishment of what was before and at all times Treachery and Treason in War, which by all the Laws-Civil is Death. And so the Court proceeded to Sentence, that he should be beheaded.
On the Saturday following his Lad; presented a Petition to the House of Commons, setting forth, That Sir Alexander was in a kind of distracted Condition and unsit to die, and therefore prayed he might be reprieved; whereupon a Committee was sent to visit him and report his Condition, who declared him not to be distracted, however, that he might have Time to settle his Estate, and prepare himself for Death, Execution was respited for above a Month, viz. until Monday December 23. And then he was brought by the Lieutenant and his Officers to a Scaffold erected on Tower-Hill, where one of the Ministers that were with him desiring him to speak somewhat of the Matter for which he was to dye, he spake as followeth.
The greatest Enemy against me under the Sun can lay but the Suspicion of the Fact against me ; I desire not to spin out Time, I desire to be at my period ; I have besought God on my knees often times that I might be dissolv'd, and God would never grant it me till now, and now blessed be God for it ; I confess my ways, that I am a sinful Creature to God ; with all my heart I have servey'd myself over and over again, and with Indignation for my Sins, and especially my Pride and Stoutheartedness; all that you can lay to my Charge is but Intention, and no Man knows my Intention better than myself, and they shall dye with my self, put me to what Tortures you please. When I came ashore at Plimouth I asked them, whether they would believe what I said? They told me, No: I am in that Condition that whatsoever I say is not to be believed, and therefore I have Leave to hold my Peace.
I hope you'll (in Consideration of my weak Body) not expect that I should speak much to you ; neither is it my part (nor Desire) to discourse of my own Actions, or to Justify myself, but I shall rather confess, as the poor Publican did, Lord be merciful to me a Sinner, I desire your Prayers to God for me, and I pray to God for you, that no one Drop of my Blood may be required at any Mans hands. I forgive all the World, with a full and hearty Desire as mortal Man can, and I beseech God to forgive me, the God of Heaven that seeth, heareth, and beholdeth, knows that I lie not. I have desired with unseigned Desire and hearty Affections to be dissolved and to be with Christ, knowing it shall be better for me, being assured thereby to be freed from the Misery of Sin, and to enter into a better Life; it was the Last words and writing of my Grandfather, and here of my Father (holding forth a little Book) the assurance of their eternal Peace and Happiness, after the Dissolution of this Body of theirs in which they liv'd here on Earth ; it is mine likewise; I have no more to say, but take my humble leave of you.
Thou hast my Table richly deckt
In despite of my Foe,
Thou hast my Head with Balm refresht,
My Cup doth overflow,:
And Finally whilst Breath doth last
Thy Grace shall me defend;
And in the House of God will I
My Life for ever spend.
He added, And God assisting me seal my Vow with my Blood, and rather suffer wrong than do it. Then the Executioner desiring his forgiveness, he said to him, I forgive thee, and thank thee with heart unseigned. And giving him Money, said, prithee leave my Clothes, take my Head, and do it handsomely, else thou canst not speak Dutch and say, wel ghedaen, when I say, Lord tho' thou killest me ; yet will I put my Trust in thee, then do thou cut off my Head ; for those were the last Words that ever my Mother spake when she died; so having took leave of his Friends, and said, Lord, into thy Hands I commend my Spirit, he laid himself down on the Block, and speaking these Words, Lord, tho' thou killest, &c. the Executioner did his Office.
An Ordinance for the freeing and discharging all Rents and Revenues belonging to the Hospitals of St. Bartholomew, Bridewell, St. Thomas, and Bethelem from all Assessments, Taxes, and Charges whatsoever.
The two Houses having concluded their Propositions of Peace which had so long been in Agitation, and the Parliament of Scotland having signified their Assent thereunto; a Committee of Lords and Commons and Scotch Commissioners were this Day dispatch'd to wait upon his Majesty therewith; but as to their Success, and the Propositions themselves, &. I shall give an intire Account of them in the Chapter following, touching the Treaty at Uxbridge, to which these Propositions were but Preliminaries.
An Ordinance reciting, That whereas the Inhabitants of New England are for the most part Natives of this Kingdom, and very well affected; therefore for the Encouragement of that Plantation, and Advancement of the Gospel there, it is order'd, that honceforth the Inhabitants thereof shall have free Liberty to Trade and Traffick from thence hither, either by way of Importation or Exportation without Payment of any Customs whatever.
Sir John Hotham was brought before the Court Martial in GuildHall, Sir William Waller being President; the substance of the Charge against him was, That he had Traiterously betrayed his Trust reposed in him by the Parliament, and adhered to the Enemy, which would be proved by his Words, his Letters and his Actions, viz. His Correspondence with the Lord Digby, and the Marquess of Newcastle; his Refusal to supply the Lord Fairfax with Powder, Arms and Ammution, to the great Disservice of the Parliament, and the Prejudice of their Affairs in York-shire, his uttering divers slanderous Words against the Parliament and Close Committee, his Endeavouring to betray the Town of Hull to the Enemy; his holding a Correspondence with the Queen by several Messengers; his causing a Demi-Culverin to be placed on the Top of the Castle against the Town, and two pieces in the Block-house to give fire on the Parliament Ships, his sending away Captain Moyer Captain of the great Ship called the Hercules; his quitting of the Garrison at Beverly which was a great means to straighten Hull, and lastly his Endeavours to escape as soon as he conceived his Design discovered; for proof of all which about thirty Witnesses were produced and examined.
2. As to his Treaties with the Lord Digby and the Marquess of New-castle he said that he had two Treaties before with the Enemy, which (tho' concealed for the time) were afterwards received with general Approbation, and he believed that he might at any time do the like when it was for the Advantage of the Parliament.
3. His Treaty with the Lord Digby fell out thus; Captain Moyer about the time of the coming in of the Providence, which was the firstShip that furnish'd his Majesty with Arms, failing forth to meet her, met with Ketch in the River Humber, wherein was the Lord Digby in te disguise of a Frenchman, Colonel Ashburnham and Sir Edward Stradling, whom he brought into Hull, and after they had been detain'd there some space, the Lord Digby passing still for a Frenchman and not known to the Prisoner or any other to be otherwise, sent to speak with the now Prisoner, and told him that he was Soldier of Fortune, and if he would give him his Liberty he would go to the Enemy, and give him Intelligence of their Designs, which accordingly he did upon his Parole, and returned several times, but at last gave him the slip, and then sent a Letter acquainting him that the Lord Digby, and wishing him to return to his Allegiance; After which he had no further Treaty with him.
4. That his Treaty with the Marquess of Newcastle was upon Design that he might still keep the East Riding of York-shire free for the maintainance of Hull then very destitute of Money, whereas otherwise the Marquess would have entred those Parts and plundered them.
6. He produced divers Witnesses on his behalf, whose Testimonies chiefly tended to invalidate the Credit and take off the Evidence which had been deposed against him. And the next day having desir'd that his Sons Mr. Charles and Mr. William Hotham might be heard, the Court (altho' not usual) granted it; they spake largely for the most part to the same Purpose, and on the Wednesday Sir John concluded his whole Defence; but his Allegations not being satisfactory to the Court, they on Saturday December 7th proceeded to Sentence, which was, that he should suffer death by having his Head cut off, which was appointed to be done on Monday 16th of December; but on his Ladies Petition for time to settle his Estate, deferred.
His Son Captain John Hotham came to his Trial before the same Court, where he was charged,—That he being a Commander in the Service of the Parliament, had betrayed the Trust in him reposed, and persidiously adhered to the Enemy, and endeavoured to betray a Regiment of Horse, and other Forces into their Hands; some of the principal Matters endeavoured to be proved against him were,
4. His several private Treaties under pretence of Exchange of Prisoners; and private Discourse with the Earl of Newcastle two several times by his own Confession, and that the Earl offered him that he should be made a Lord, and have General Goring's place, or any other Honours if he would turn to them.
6. That another time in Lincolnshire Lieutenant General Cromwel being with the Prisoner upon an Expedition, the Prisoner was to charge the Enemies Right Wing, and Cromwel the Left, the latter did charge and routed and chased them two Miles, when returning he found the Enemies right Wing unbroken and the (now) Prisoner not to have charged at all.
7. That he being upon the Discovery of some of his Treacheries, committed Prisoner to Nottingham Castle, whilst he was there, sent his Servant one John Keys (first swearing him to Secrecy) with a Message to the Queen then at Newark, to signify to her Majesty how he was imprisoned and speedily to be sent up to the Parliament, or to the Lord General, therefore desired her Majesty would be pleased to send a Party to rescue him; that he had a Regiment of Horse under his Command, and should be ready to do her Majesty the Service she expected in Lincolnshire; and that his Company of Foot at Lincoln, the Towns of Hull and Beverly, and the Ship called the Hercules should all be at her Majesty's Service. And the said Keys desiring a Token, whereby her Majesty might credit him; the Prisoner told him by the same Token that he sent her Majesty a Letter by one of her own Doctors of Physick where she might Land in England. And further the said Keys deposed, that he repairing accordingly to Newark, and delivering his Message, her Majesty said, This unhappy Accident had not fallen out, had Captain Hotham came away when he first resolv'd of it; whereupon the Lord Digby standing by said,—Tour Majesty knows that both he and his Father had come in long since but for doing your Majesty better Service by forbearing it for a Time. That her Majesty sent back a Message by the said Keys, both to Sir John Hotham and to his Master Captain Hotham, but said that both Sir John and his Son might have done these Things long before, and that they should both be freely pardoned both by his Majesty and herself.
8. That after this, being released out of Nottingham Castle, he went to Lincoln, and gave out many scandalous and invectiveSpeeches against the Parliament to Colonel Rosciter with some Inticements to betray his Trust; saying, you shall see in a short time there will be never a Gentleman but will be gone to the King.
9. That the Prisoner going from Lincoln to Hull to his Father, presently after both his Father and he received Letters from the Earl of Newcastle about betraying of Hull and other matters; and the day before he and his Father were apprehended at Hull, viz. June 28, 1643. The Prisoner wrote to the Earl of Newcastle an Answer to his Letters, which was found in his Chamber having not time to send it away, which Letter was as followeth.
My Noble Lord!
I Confess it is a very great Comfort to me in my distracted Condition, that I am blest with a Friend hath so much Truth and Nobleness. It is true, the sickleness of those Men reduced me into uncertainty as that I never knew in what Condition I stood; and so could not give you Satisfaction then, according as (it may be) you expected: yet you will not find, that ever I shewed or communicated your Letters to any but those who were privy to it, and can add to the Advancement of the Business in Hand, and not any ways to abuse you, as some would make you believe. The malice of my Enemies hath been violent against me, but God hath delivered me out of their Hands. I never expected better from the Popularity, for none of those ever rewarded their best Citizens with any thing but Death or Banishment. As I resolv'd I would never for sake the Party I had undertaken until they had (without all Cause given by me) so disobliged me that no Man can think that my Honour or Honesty is further engaged to serve them. I confess I now think myself a Free man from them, and resolve by the Grace of God never to serve them more. I cannot yet attend your Lordship, but I shall mightly disserve you, until Business be well framed here, which I hope will be shortly; If I could but obtain so much Favour from you, that Sir Hugh Cholmley might be commanded to forbear the East-riding one Fortnight, else we shall be necessitated to be at Blows with him continually: Not that he can do any harm here, but he will mightily trouble us whilst greater Business should go forward. I shall desire to know whether—were executed after his Pardon. My Lord, if I be taken the second time it shall be much against my Will, especially by those that call themselves my Friends. As soon as I have dispatched I intend to know your Commands to
The examining of Witnesses to prove these particulars took up Monday and Tuesday, and then Captain Hotham was ordered to be brought again on Thursday to make his Defence, which he performed with great Ingenuity and Laboriousness, continuing all that Day and the next, and part of Saturday. The Matters he chiefly insisted upon were,
1. As for his Treaties with the King's Party, the same were for the Parliaments Advantage, and for settling a Course for the Exchange of Prisoners and the like; which he conceived he might safely do without acquainting the Generalissimo, and to that purpose pleaded the priviledge of Commanders and the Examples of divers in the like Case; further urging that he knew no Law against it, nor that it was prohibited by the Ordinances of War.
3. As for his not fighting the Queen's Convoy in their Passage from Burlington to York, he insisted, that they were far stronger than he, yet he ventured and Charged their Rear, as far as he might with Safety: And that he had learnt this Maxim of War—That a Commander in Chief is not to adventure upon an Enemy: but either upon an Advantage or Compel'd by Necessity.
4. Touching the Business betwixt him and Lieutenant-General Cromwel in Lincolnshire; he offered to prove, that he did charge the Enemies Right Wing to the utmost, though it proved not so effectual as Lieutenant-General Cromwel's Charge on the other Wing.
5. That when he was committed to Nottingham Castle, not knowing his Crimes, or by whose Order he was secured, he sent to his Father to Hull to enquire the Cause thereof; but denied he sent his Servant to Newark to the Queen as is alleiged, and made many Objections against the Testimony of John Keys concerning that Matter.
6. That the Words spoken to Collonel Rosciter after he was released from Nottingham Castle, were in his Passion, but he recalled them upon his better coming to himself, and was very sorrowful for them, desiring that his Errours in Passion might not be drawn into Crimes.
7. He alledged, that had he intended to have deserted the Parliament, he should have broken it some ways to some of his Officers, and allured them to join with him in the same Design which he was confident it could never be proved that he did.
8. He confessed, that after he came to Hull before he was last apprehended, he did receive a Letter from the Earl of Newcastle, and his Father another. And that by his Father's Direction he writ a plausible Answer (being the Letter seiz'd in his Chamber before it was sent away) to the Earl, the better to hold him in hand that they might enlarge their Quarters about Hull, which otherwise had been much streightened.
9. To corroborate all which and take off the Credit of the Evidence against him, he produced a great Number of Witnesses, who being heard, the Advocate Reply'd, and on Tuesday the 24th of December; he likewise received Sentence to be beheaded.
On Saturday December 28th a Message was sent from the Lords to the Commons with a Petition from Sir John Hotham, praying a Pardon (as to Life) for himself and his Son; and that the Lords upon the said Petition were willing to grant Sir John Hotham his own Life, and desired the Concurrence of the House of Commons therein; which occasion'd a long Debate, and was resumed again on Monday, and then carried in the Negative.
So that Tuesday the last of December, being the Day formerly appointed for Sir John's Execution, great Multitudes of Spectators were assembled, and the Seaffold, his Coffin, the Executioner and all things were in a Readiness; but about eleven of the Clock in the Forenoon, as he was coming from the Tower towards the Hill, attended by the Lieutenant and the Provost-Martial, and the Guard and divers Gentlemen and Ministers; a Messenger came riding with a Reprieve from the House of Peers directed to the Lieutenant of the Tower and Provost-Martial, requiring them to defer the Execution until Saturday following, upon which he was carried back to the Tower.
The House of Commons having notice that the Execution was deferred, they not assenting nor being privy to any Reprieve, sent an Order to know the Cause why Execution was not done upon Sir John Hotham; who the next Day, January the first 1644/5, acquainting them with the said Reprieve from the House of Peers, the Commons, after some Debate, passed an Order, That no Officer or Ministers of Justice, shall hereafter stay the Execution of Justice upon any particular Order or Reprieve from either House of Parliament without the Concurrence of both Houses. And this Order to be sent to the Commissioners for Martial-Law, to the Lieutenant of the Tower, and the Provost-Martial. And further ordered, that the Lieutenant of the Tower do proceed to the Execution of Sir John Hotham according to the Sentence of the Court-Martial.
Hereupon, finding no Hopes of the Father's Pardon, the following Petitions were immediately preferred on behalf of the Son, both written with his own Hand, who was on this very Day appointed to suffer.
To the Right Honourable the House of Peers in Parliament.
"That he acknowledgeth that he hath justly merited your heavy Displeasure, and deserveth the greatest Punishment that can be inflicted upon him, for that he hath requited your abundant Favours with Ingratitude, Arrogance and Folly: He well knows that he deserves not any Mercy; neither should he have moved you in it, if your Honour's Clemency, his desolate Family, the Tears and Lamentations of a poor Wife and helpless Children, did not move him to sue for Mercy. He hath forborn to trouble you, or interest your good Intentions, whilst there was Hope of Mercy to his distressed Father; but hearing to his great Grief that Sentence is unrevoked, he is bold to present his miserable Condition to their merciful Consideration.
"And humbly prays, that whereas a Sentence of Death is passed upon him by the Council of War, that you would mitigate his Punishment and change it into a Fine or Banishment, or both, and your Petitioner
"That he acknowledged, his Faults and his Follies committed against you are so many, that all the Punishment that you can inflict will be according to Justice, your great and abundant Favours he hath requited with Arrogancy and Negligence, so that if his Knowledge of your great Mercy to Offenders did not encourage him, the Consciousness of his own Unworthiness would have kept him from hoping for Favour: But the Cries and Tears of a poor Wife, helpless Children, desolated Family, hath moved him, a poor condemned Commoner, to fly for Mercy to the Commons of England, and he hath forborn thus long to petition you, because there was Hopes your Mercy would have been extended to his poor distressed Father, and he would not give Interruption to his Petition although it had cost him his own Life, but since, to his great Grief, he hears the Sentence is unrevoked,
"He humbly prays that your great Clemency and Mercy will look upon him in the next place, and mitigate his heavy Sentence of Death into Banishment and Fine, or what other Punishment you please; And your Petitioner, his Wife and poor Children will daily pray for Prosperity to your Affairs and will remain
These Petitions not availing, he was the same Day toward Noon brought to the Scaffold on Tower-Hill, where Mr. Coleman, Minister of the Tower, made a Prayer, Captain Hotham joining with him, and after that the Captain made a Prayer himself, and then rising up and turning to the People, he spake as followeth
You see in what a Condition I stand, you all come here to look upon me as a Spectacle of Shame and Justice; and I believe many of you are possess'd with Apprehension of great Crimes and Treasons that I have committed against the Parliament: Those things, I must declare to you all, this Conscience knows no Guilt of; what I have advantag'd the Parliament's Cause is notorious, and that I did never disadvantage it, I think is proved also; I have been very violent in the Parliament, and did any things according to the Swinge of the Times; I did engage myself in their Cause, I did them Service in possessing of Hull I preserved the Forts, Magazine, Towns and Forces, and never miscarried in any Attempt. It hath pleased God to bring me to this End for my Sins against him, which I acknowledge to be just; but not for any Treason against the Parliament, neither do I know any Treason or Intention of Treason in my poor Father who lies in the same Condition that I do, whatever other Men do call Treason: This I testify to all here.—And having spoken some other Words to the same purpose, Mr. Coleman prayed again, and the Prisoner prepared himself for the Block, whereon having laid his Head, the Executioner at one Blow fever'd it from his Body, which his Brother, Mr. Durant Hotham standing by, took up wrapt in a Scarf, and laid it together with his Body in the Coffin.
The next Day his Father Sir John Hotham was conducted to the same Place, where Mr. Peters attending him, first told the People that it was the Desire of Sir John Hotham that since he had in his Chamber fully discovered his Mind to him and other Ministers, many Questions might not be put to him, but that he might have Liberty to speak only what he thought fit concerning himself.—Then Sir John coming up to the Rail put off his Hat and spake as followeth.
"I know no more of my self, but this, that I deserve this Death from Almighty God, nay, that I deserve Damnation and the severest Punishments from him. But as for the Business of Hull, the betraying of it from the Parliament, the Ministers have all been with me, and give me good Counsel ; neither was I any ways guilty of it ; that is all I can say to the Act ; For other Offences, rash Words, Anger and such things, no Man hath been more guilty, I beseech God to forgive me ; I have received as many Favours as any Man from God, and I have been as ungrateful as any Man could be; but God Almighty (I hope) has forgiven me my Sins, and I desire you to pray God for me that I may be forgiven.
I hope God Almighty will forgive me, the Parliament and the Court-Martial, and all Men that have had any thing to do with my Death. And Gentlemen! I thank this worthy Gentleman ( (fn. 1) ) for putting me in mind of it ; and I pray God bring more things into my Memory: And Gentlemen ! look to it all, as I; I have received many Mercies from God, and have been unfruitful, ungrateful to him under them, and God Almighty hath let me see, that thought for this Offence whereof I am accused, he hath not done it ; yet he hath brought this Affliction upon me to save my Soul, by and through the Merits of Jesus Christ, for alas this Affliction is nothing to all my Sins ; God Almighty kept me from my Tryal at St. Albans and other Places, to bring me to this Place, that I hope I shall glorify God in, and his blessed Name be for ever glorified.
Then Mr. Peters spake again and told the Audience, that he had something further to commend unto them from Sir John Hotham, which was, that he had lived in abundance of Plenty, his Estate large, about 2000l. a Year at first, and that he had gained much to it: That in the beginning of his Days he was a Soldier in the Low Countries, and was at the Battle of Prague: That at his first going out for a Soldier his Father spake to him to this Effect ; Son ! when the Crown of England lies at Stake you will have fighting enough. That he had run through great Hazards and Undertakings, and now coming to this End desired that they would take notice in him of the Vanity of all things here below, as Wit, Parts, Prowess, Strength, Friends, Honour, or what else.
Then Mr. Peters having prayed, and after him Sir John, they sung the 38th Psalm, and Sir John kneeling behind the Block, spent above a quarter if an Hour in private Prayer ; after which, lying down, the Executioner at one Blow did his Office.
The next that passed a Tryal at this Court-Martial was Mr. Roger L' Estrange, (a younger Son of Sir Hammond L' Estrange of Norfolk) who having entertained some Hopes of reducing the Town of Lynn in that County, then in the Hands of the Parliament, obtained from his Majesty the following Commission.
"We having received from out trusty and well-beloved Roger L' Estrange, Declarations of the good Affections of divers of our well affected Subjects of our Counties of Norfolk and Suffolk, and particularly of our Town of Lynn, as also some Overtures concerning the reducing of our said Town of Tynn, We have thought fit forwith to return our Royal Thanks unto our said well-effected Subjects; and particularly to give our said trusty and well-beloved Roger E'Estrange these Encouragements to proceed in our Service, principally in the Work of reducing the said Town of Lynn.
- 1. That in case that Attempt shall be gone through withal, he the said Roger L' Estrange shall have the Government of the Place.
- 2. That what Engagements shall be made unto the Inhabitants of the said Place, or any other Person capable of contributing effectually to that Service, by way of Reward, either in Employment in his Majesty's Navy, or Forts, or in Monies, not exceeding the Sum of 5000 Pounds, the Service being performed, shall be punctually make good unto them.
- 3. That they shall in this Work receive what Assistance may be given them from any of our nearest Garrisons.
- 4. That when our said Town shall be reduced unto our Obedience we shall forthwith send thither such a considerable Power, as shall be sufficient to relieve and preserve them; we being at present (even without this) fully resolv'd to send a considerable Power to encourage our faithful Subjects in those Parts, to regain our Rights and Interests there.
Armed with this Commission Mr. L'Estrange sends for one Leaman a Sea-Captain belonging to Lynn, with whom he had Acquaintance, to meet him at Mr. Pastons House at Appleton Hall, where he treated with him and shewed him his Commission, and as Leaman attested, promised him a 1000l. and Preferment if he would be an Assistant in making a Party within the Town to deliver it up; whereunto he expressed a Compliance, promising to meet him the next Day to Advise further; but in the mean time acquainted the Governor Colonel Walton; who ordered him to go again accordingly, and to take with him a Corporal of his, dressed in the Habit of a Seamen, and Mr. L'Estrange questioning him who he was, the Captain answered, a Man for their Turn, and the Corporal told him that he was a poor Man living in Fishers-End in Lynn and kept an Alehouse and was 40l. the worse for the Round Heads. To which Mr. L'Estrange replied, no matter for that, he should have 100l. for it when the Design was accomplish'd, and a Cannoneer's Place; which he seemingly appeared well pleased with; but to discover where the Commission was; Captain Leaman added; Mr. L'Estrange! my Friend by the way as we came questioned what security or Power you had, in Case the Design should be discovered? and I told him, you had the King's Commission, which he desired to be assured of; Whereupon Mr. L'Estrange stept to an hole in the Canopy of his Bed, produced the Commission, read it to them, and put in his Pocket, in the Interim one Lieutenant Stubbing with five Soldiers more in the Habit of poor Seamen, came to the Door as desiring Alms, and being got within the Court Yard, the Gentlewoman of the House ran up and told Mr. L'Estrange that there were six or seven poor Soldiers come from Lynn a begging, who sent them down 12d. and wish'd them to be gone; but they rush'd into the House, and the disguised Corporal seized Mr. L'Estrange who convey'd his Commission to Captain Leaman, whom the Lieutenant that came with the Party question'd what he did there Consulting against the State? and searching found the Commission, and so carried them both in Custody to Lynn, where Leaman was discharged as having acted by order of the Governor. This was the Effect of what was testified touching the Circumstances of this Affair, and Mr. L'Estrange upon Examination own'd the Commission, and that he intended to have put it in Execution, and so was sent up to London, and on December 19 brought to the Door of the House of Commons, and Committed to the Provost Martial; and this Ordinance made concerning him.
"It is this Day ordered by the Lords and Commons that Roger L'Estrange be referred to the Commissioners for Martial Law, and to be speedily proceeded against according to the Proceedings of Martial Law, for being taken with a Commission from the King for the delivering of the Town of Lynn to the King, and endeavouring accordingly to do it.
Accordingly on Thursday December 26. He was brought to Tryal before the Court Martial in Guild Hall, Sir John Corbet President, where the Judge Advocate, produced and read the several Examinations, and the before recited Commission, and then insisted.
1. That this Commission to the Prisoner was not the Commission of a Soldier, to raise or conduct any Strength or Men of War; but a Commission of Bribery, and Corruption, being meerly to make a Party in the Town by clandestine Ways with Baits and Promises of Money and Preferment.
3. He came attended with no manner of Forces as an Enemy, but all alone, in a secret clandestine Manner, and made Choice of a solitary Place near Lynn, to obscure himself the better to effect his treacherous Design.
4. That he relied not on the strength of his own Party, to have surprized Lynn, but used unwarantable and treacherous means to accomplish the same, promising Leaman one Thousand Pound, and Corporal Hagger one Hundred Pounds, and a Cannoneers place, (both being then of the Garrison) if they would Contribute their Assistance therein.
By all which it appears, That as the Prisoner came not into the Parliament Quarters as a fair and open Enemy, but with treacherous Ends and Practices; so being now taken in the manner, he may not expect the Priviledge of a just Enemy, but rather the condign Punishment which by the Law and Custom of Arms belongs to Spies and treacherous Conspirators. This was the Effect of the Charge: to which by way of Defence Mr. L' Estrange alledged and insisted.
1. That this Commission is the Commission of a Soldiet, enabling him to raise and conduct such a Party as should attempt the surprisal of the Town. The matter of Money and Preferment is therein expresly propounded by way of Reward; and to pay the Soldiers is neither Bribery nor Corruption.
4. That he relied upon the strength of his own Party, and used warrantable means to accomplish the surprize, Leaman was not of the Garrison, and though Hagger was, yet he appeared not to him under that Notion. But admit they had been both such, he could have justified it; for they voluntarily proffered to assist him, who had been a Traitor or a Fool, if he had either discouraged or disswaded them.
From all which he inferred that he came not into their Quarters at all; That he came as a fair and open Enemy, never pretending to be any other than he was; and had no Treacherous Ends; and therefore being thus apprehended was by the Laws and Customs of War a just Enemy and Prisoner of War; No Spy or Treacherous Conspirator; and desired further time to prepare his Defence and produce Witnesses.
The Advocate replied, that the same was unnecessary, for they proceeded on his own Confession, and take the Case as he hath set it forth; That his Charge was founded not only on the special Articles and Ordinances of Parliament, but upon the general Rules and Customs of War, which no Soldier ought to be ignorant of; amongst which Laws and Customs nothing is more notorious, than that for any to come into the Enemies Quarters without a Pass, Drum, or Trumpet, makes him a Spy; and then to treat with them of the Garrison, or draw them to Treat to betray the Garrison, makes him a Traiterous Conspirator.
Mr. L' Estrange urged, that nothing in his Confession rendred him Guilty of their Charge, the substance thereof being only, that he had ever been of the King's Party, and intended to Execute this Commission; That as to Treachery it was impossible he should betray a Trust he never received, or that he should be both Enemy and Traitor; and inconsistent that the same Law which punishes the Deserter of his Trust with Death, should with Death also punish the Asserter of it.
Judge Advocate. The Prisoner mistakes the Point, he is not charged with Breach of Trust, we do not say he had any Trust, or that he broke any, but that he did tamper with those that had a Trust, and endeavour by Offers of Money and Preferment to make them Betray it; and so he did Plot, and those were to be his Confederates.
L' Estrange. At this rate whoever Summons, Assaults, or Besieges a Place, because in so doing he endears the surrendering of it to the Enemy, shall be Arrained as a Traitor: The Article involving him in the same Danger with those that endeavour the Betraying it, Nor hath the Court Martial by its own Laws, Power to Try an Enemy.
Judge Advocate (speaking to the President) It is not what he says is Law, Nor what I say is Law, but what you judge to be Law. The Case is plain, he came without Trumpet, Drum or Pass, into our Quarters from the Enemy, and there dealt with the Garrison of Lynn, and in that Case, came not with the Face of an Enemy, but as a Spye.
Mr. L' Estrange again denied his being a Spy, because apprehended neither in their Garrison nor Quarters, for by the Quarters of the Army (he said) was intended the Place where the Army or some Forces lie enquartered at the time of such Persons Apprehension; but there were none of the Parliament Soldiers quartered at Appleton Hall, and where no Forces are, there is neither use nor possibility of a Spy. Besides he added, that if he had been a Spy, he were not Triable by that Court, because by the Ordinances whereby they fit, they restrain'd to the particular Articles therein specified; amongst which there is none against Spyes.
The Advocate said, they proceeded upon a Law Common betwixt them and the Enemy; and read the before recited Ordinance for Trial of the Prisoner, whereby he is ordained he shall be tried by the Commissioners for Martial Law, and proceeded against according to the Proceedings of Martial Law; whereby that Court was not limited to any particular Article, but are lest to the Latitude and scope of Martial Law in general, and accordingly had proceeded against the Prisoner upon a known and common Rule of Martial Proceedings, by which his own Party proceed in such Cases, and therefore had no Cause to complain.
To this Mr. L' Estrange answer'd, that it was true by the Ordinance he was lest to the Commissioners for Martial Law, to be proceeded against according to Martial Law, but this must be understood such Martial Law as they are Commissioners for, which is to be determined by the Ordinance that enable them; for since they are not Commissioners for Executing Martial Law in the Latitude, so neither must their Proceedings be in the Latitude.
Then the Court rising, referr'd the Prisoner till Saturday following; on which Day the Court met about four of the Clock, and spent three or four Horse in private Debate, and then the Prisoner being called to the Bar, he pressed very importunately to be heard, claimlng it as promised him that he should have time till this Day to strengthen and digest his Defence, but this the Court denied and over-ruled, proceeded to Judgment against him as a Spy and treacherous Conspirator, in endeavouring to betray the Town and Garrison of Lynn, &c. of which that Court adjudged him guilty, and for the same the Sentence of the Court was, that he should be carried back to the Place from whence he came, and thence to the Place of Execution, and there hanged by the Neck until he be Dead. Upon receiving this Sentencence, he delivered in a Paper, which he said was his Defence, desiring the Court to read it, if they would not hear it.
The Day and Place was appointed for his Execution, viz. in Smithfield on Thursday the second of January (the same Day Sir John Hotham suffered) but in the interim Mr. L' Estrange petitioned the House of Peers complaining that he had received hard Measure, and (in effect) was tried by one Committee and sentenced by another, &c. and therefore prayed a suspension of Execution, and a Rehearsing of his Cause before the Parliament. And about the same time there came a Trumpeter from Oxford with a Letter from his Highness Prince Rupert to the Earl of Essex concerning the said Mr. L' Estrange, desiring a Forbearance of Execution (it being a new Case in Point of War as his Highness was inform'd, for which he is condemned) lest the example thereof cause the like Usage of such as adhere to the Parliament from his Majesty's Party.
The Lords granted Mr. L' Estrange's Petition, and on Wednesday January the first, sent a Message to the Commons for their Concurrence, and that the Court Martial be required to certify the State of Mr. L' Estrange's Case; wherein the Commons after some Debate, did agree with their Lordships; and he was Reprieved, and continued in Newgate several Years after, without any further hearing, for which, or his Liberty, he made frequent Applications, and at last obtained the Latter.
About this time there were also Endeavours on foot for Reducing of Abbington by an under-hand Treaty, of which it may be fit to give a brief Account as having been managed with much Ingenuity on either side.
About the middle of September, 1644. One Mr. Nathaniel Bernard a Minister, formerly preaching at Wood Church in London, but at that time ar Oxford, sent a Letter by a Trumpet that came about exchange of Prisoners, to Major General Brown the Governor of Abbington (with whom he had not only Acquaintance but some Relation by Alliance,) desiring the Release of two Women Servants of Doctor Dukesons; and with some Expressions lamenting the Times in a Postcript tells him, he would be glad to Kiss his Hands at Abbington if he might have a safe Conduct: But Brown returning no Answer, on the 18th. of October, Mr. Bernard writes again to him from the Lady Lovelace's House at Water Eaton, pressing again for a Pass to come to him for that (says the Letter) I have a request to propose to you, which is for my Safety and your Honour. Upon this, Brown sends him a Pass, entertains him when he came at Dinner with several of his Officers: after which Mr. Bernard desires a few words with him in private; and in a very handsom Discourse under General Terms expresses his Wishes and Desires that they were both of one side, &. To which Brown answered, That he prayed for nothing more than a good Conscience, and (says he) if I thought myself in an Error, I would not be long in leaving it: This gave Bernard hopes of prevailing, and therefore desired Liberty to write to him, which Brown granted, and so they parted.
"I am commanded to let you know, that his Majesty cannot but wonder, that you who being recommended to him for many worthy Parts and Actions, declaring you no Stranger to Virtue and Noble Quallities, as one no way aspersed with any infamous factions Inclination to yourself in times past. One whom he not his former Government hath ever wronged: He having never taken the Staff of Lord Chamberlain from you, nor were you ever fin'd Fifteen Hundred Pound in the Star Chamber at the Suit of Sir Thomas Reynolds as the Case is of Essex and Waller (wherein yet he denies that either of them were wronged or injured) No wise taken from you in his Father's days, nor your Father Beheaded in the days of Queen Elizabeth; that you who was never thought of so low or broken a Fortune as some Scottish Reformers, who were so far from a schismatical Spirit that you have obliged Orthodox Divines (now his Co-sufferers) to bear you an honourable Testimony; that you to whom he never so much as in thought intended other than Good when occasion offered itself; That you whose moderation in other Things hath witnessed, that you want neither Valour nor Courtesy, that YOU should not only joyn with, but lead on his Subjects armed against his Life, Crown and Kingdom, when he hath declared with so much Vehemency, and (to his Knowledge) inward Integrity and Sincerity, his Resolutions to perform all your desires concerning the true Reformed Protestant Religion and just Rights of Parliaments, the Liberty and Property of his Subjects; When there is nothing left that may be desired by equal and just-dealing Men, but he bath yielded to, that you should be one of them that will never trust him, till by their means he be kill'd or make a Prisoner, or, which is worse, such a Slave as must never say No, or I wish Advise, to any thing he shall be required.
"He desires you to make the Case your own, and to judge whether you could without Defence suffer all that you have to be violently taken from you, &. Or whether you could find out a way that you would think, were it your Case, more equal and just for you to go in.
"I am therefore in my way appointed to let you know, that the Place, Prov. 24. 21. is part of that Word of God which shall one day judge the World and doth ipso facto) Excommunicate that Party which you are ensnared with; that that Place, 2 Tim. 3.5. expresly commands you to turn away from such, notwithstanding their Form of Godliness; and that you are looked upon as Mordecai did on Esther, chap 4. v. 14. as one advanced for such an occasion as this, to his restore the King to his Subjects and his Subjects to their King. I should have come secretly to you, to have given you Evidence of what I have told you by the last concerning Injuries you suffer by your own Side; and to have made honourable and advantageous Propositions to you, both for your own and the Kingdom's Good, with the way of Assurance; but though your Letter did infinitely add to you; yet the News of hanging some of ours at Abbington hath stopt my Commission, and some what daunted my Resolution for the present; only I would pray you to furnish me with a reasonable Account in your Defence.
'Tis true I never countenanced, but ever abborred all Faction; nor do or shall I side with any contemning lawful Authority; neither can I believe that Revenge is the Cause why the Lord General, or Sir William Waller are in Arms: I am assured they, as my self, have no other Ends but the King's and Kingdom's Good, and am confident the Parliament's Aims are the same, and will appear so in the End; otherwise I should turn my Sword against them, or any that should seek his Majesty's Life, or to imprison his Person: I shall in nothing more willingly adventure mine, than in rescuing him in both, and shall chearfully hearken after all honourable and advantageous Propositions which may prove my own and the Kingdom's Good. I deny that any of your Party in Abbington have been hanged, nor shall any, except by Order of Parliament. I have always given Order for Christian Usage of all Prisoners with me, and wish you would do the like by ours. Sir! you have twice filled your Letters to me with Riddles, which, till you make plain to my Understanding, I can say no more, but I am,
Some other Letters pass'd, wherein Mr. Bernard gave him the Promise of being made a Baronet, and to have any Place or other Reward he should desire; assuring him there was only one third Person privy to this Negotiation, who had full power to undertake for his Majesty, and who was honourable and so honest that have he will see all Particulars performed. Brown replies, That although he is not swayed with mercinary Respects, yet he looked for a greater Argument of that Esteem which the other had said their Party had for him, than the proposed Reward, which doth not equalize what he is already, and therefore desired immediate Intercourse with that honourable Person, that from him he may have more special Grounds of Assurance. Whereupon some time after, with a Letter from Mr. Bernard, the Lord Digby sent him an Inclosed in these Words.
'Having had a fight of your several Letters to your worthy Kinsman concerning the late Negotiation between you, I find in them so much Frankness, so much Reason, and so much of a Gentleman, that I should think my self faulty to all those, should I in any wise doubt your Sincerity, or forbear out of any further Scruples to my own Part in what you have received from him. I shall not enter into any Argument with you to alter your Judgment from the Tenents of that Party to which you have formerly adhered, since I conceive you too worthy a Man to have proceeded thus far had not that Conversion been already wrought, And therefore all that i shall apply my Discourse to, shall be to give you the Assurance, (which you may rely upon) of his Majesty's great Sense and Value of your Disposition to his Service; which I Assure you is so much upon those handsome Expressions which he hath seen of it in your Letters, that he doth not so much prize the gaining of such a Place as Abbington, as such a Person as you to his Service, and not so much in Recompence for the one, as Encouragement to the other, I have full Authority to assure you, that you declaring for him, and putting such of his Forces into Abbington as may secure you in it after such a Declaration, you shall receive his Majesty's Commission for the Government of that place, for the Command (if you desire it) of a Brigade in his Majesty's Army and a Warrant to be a Baronet. This for the present till I shall be more particularly informed by you whether your Inclinations may point at any other more proper Testimony of his Majesty's Favour; in the mean time I shall only add this, that for Reasons as well concerning your Safety in this Negotiation (in which all Protractions are dangerous) as his Majesty's Service's, it is desired that there may be suddenly a final Conclusion of this Business, and if possible by Sunday next, the particular Ways whereof I shall expect Directions in from you: And for my own Particular I shall desire you to remember, that among all the Imputations which his Majesty's Enemies have cast upon me, I have never been blasted with a Failing in my Word or Honor; and I pray be confident I shall not being with you, who, over and above the Usefulness which I promise my self of you in my Master's and the Kingdom's Business, have begotten in me a very sincere Desire of seeing youin a Capacity for me to avow myself
I Accounting it no small Honour that any Action of mine should receive from your Lordship so favourable an Interpretation; and shall always esteem it my great Happiness to be thought capable of doing his Majesty's Services. What Expressions soever have fallen from me, which your Lordship may take notice of, I shall make good to that utmost of my power; and have received so full Satisfaction from your Lordship's Assurance (as concerning the Scope of your Letters) that there is now nothing wanting to any absolute Conclusion betwixt us, saving a speedy Provision of my Affairs at London, which will be immediately taken Order for, so soon as I may adventure a trusty Messenger thither, which I persume your Lordship will hold reasonable; and so I rest
'The Expressions of your last Letter to myself, and your worthy Kinsman, added to the former Characters which I have received of your Worth, have raised such an Assurance in me, that I am no more capable of the least Distrust of you, and I shall not deceive you, to let you know, that his Majesty is possess'd with the same Confidence, so that you are looked upon now as one wholly devoted to his Service, and with so much Consideration of your Person and Abilities, that we cannot but promise ourselves yet greater Advantages by them, than those that are present in View.
'It is very just and reasonable, that you should provide in the best Manner that the Condition of Affairs will allow, for what concerns your Fortune at London, and I hope you have not wholly neglected that all this while.
'But I must conjure you, that you will use all possible Expedition in bringing our Business to a final Conclusion, for it would be an extream Grief to me to be an Occasion of Misfortune to you; and you cannot be ignorant how dangerous Suspence is in things of this Nature, especially when Prejudices and Jealousies are once broken out, (as by the Letter which was sent you, and by some Discourses which to my Knowledge the Committee let fall at their being here) it is manifest they are toward you; besides that, the Pressures of our military Men here for someEnterprize, either for the taking or blocking up of that Place, are daily such as I suffer much by opposing them: And it will be impossible for me to divert them long without acquainting some with the true Reason of my Opposition, whom I am resoved not to trust with such a Secret.
'Wherefore I do most heartily desire you in your next, to assign me (if you can possibly) a certain Time that I may procure some Diversion of our Designs during that, and that you would also frankly let me know what your Sway and Interest with your own Men is likely to be upon that Alteration; and what Way it will be necessary to assist you with his Majesty's Forces, that they may be disposed of accordingly.
'I shall not need to recommend to so discreet a Person two Cautions, the one to beware of admitting any new Forces into your Garrison from the Parliament that may master your Power: The other to be sure to have some trusty Person still by you, as in case you should discover any Design within against you, may give instant Notice hither, with the Way to rescue you; this is the last that I shall adventure to you barefac'd, therefore for future Correspondency I have sent you the enclosed Cipher, which I hope I shall not long make use of to disguise my being
After these several Letters interven'd, and the Committee having reinforced the Town with Fifteen Hundred Foot, Brown pretending the same was a Surprise to him, and for the present obstructed his Design, held them in hand, till the middle of December; and then the Lord Digby beginning to suspect, claims his possitive Resolution in these Lines.
'I Have received yours of Yesterday, but truly less Satisfaction with it than I expected, (which together with the Accident lately happened) hath put it out of my Power to preserve in another that Reliance upon your Reality which I am apt to have; for as I ever deal with much Sincerity myself, so am I not subject to suspect others of the contrary. The Accident lately happened is the Taking and Hanging of a Spy of yours which hath raised Suspicions of you beyond the Power of my allaying; your Action only can do it now. In a Word, if in return of this I may hear from you what, and when you will do in plain Terms, all and more than hath been promised shall be performed. If not, I am clear from any Misfortune that may befal you, for which I shall be very sorry, as having great Dispositions prepared in me to be
Is it possible that your Lordship (my Lord Digby) should think his Oyl so artificially mixt with his Ink as not to betray its Flattery, or that it could catch like Bird lime? Alas my Lord! perswading yourself thus, you declare to the World, that 'twas Honour and Courtship that was the prevailing Argument to fetch your Lordship out of that honourable House where once you sate, but it shall never Lure a meaner Man out of Abbington.
My Lord, let this Letter be the Cypher to all my former; read them over and over again, and see whether they do not all breath both in Word and Sense, Loyalty to his Majesty, and yet full Resolution to go through with what I have undertaken; and for the Design which I mention so much, I thank yours which first gave Life to it, it is perfected, my Lord, it is perfected, and you may come when you will.
The Design was to play with you at your own Game, till our Works (which once were not so strong as now you have made them, though at the weakest should have been lined with our Lives) were strengthened and accommodated with Men and Provisions, which I thank God now they are, and therefore I do acquit your Lordship of all Misfortune that may befal me.
Oh my Lord, be more tender of the King's Honours and Favours than thus to Hang them out as Colours to invite Treachery and Disloyalty to come after them: I bless God I have in this whole Action been careful to avoid tampering with his Majesty in all things of this Nature: and for that often practised Plot of yours, and that Jesuited Kinsman of mine to sow Jealousies between those who employ me and my Actions (which shall dare to look the World in the Face) leave it my Lord, leave it, 'tis threadbare and rotten, and in confidence that I have now written what your Lordship looks for; in which if you have not full Satisfaction, but shall scruple any thing, if your Lordship shall please to send once more, I do assure your Honour, your Messenger shall come and return safe; for who knows but that your Lordship (in whom there is so much Ingenuity) may not only now read me right in my Intentions, but also hereafter give me thanks for my Reality. I am my Lord.
My Lord you have Hanged (as you say) a Spy of mine whom I know not; but that you may be balanced in this also, this very Morning I will cause to be Hanged one of yours condemned by our Council of War six Weeks since according to an Ordinance of Parliament, resolving never to be out done by one either in Civility or Justice.
'I Shall make use of the Liberty which you allow me, send to you once more, I prosess I am very sorry to find my Wishes and my Hopes of your returning to your Duty and Loyalty in such a useful manner to the Publick as you might have done, deceived, but my Confidence I assure you you have not abused, for I seldom ground it but upon great Probability of the Persons Integrity with whom I deal; a Foundation which I could not well look for, for a Person that had already for seited his Allegiance: and you must excuse me, from believing that what you have done now proceeds from any firmness to your own Principles in that which you yourself think honest (how erroncously soever) but rather from some new and greater Corruption of Interest on that Side, than what was proposed to you on this, whereof I made no doubt but the World will be a right Judge, when by the publishing what has pass'd between us, it shall appear how industriously, and how mercinary you long courted your own Corruption before I ever provoked you to it, and offered to you those Rewards which I did as a prostituted not solicited Person, who henceforwards must necessarily be infamous of all Sides; on this both, for Treason and Treachery, on the other, for having with solemn Renunciations of what you now seem to think honest, so long acted a part whereunto no Man can be tempted without Infamy, so far as you went Uninvited, unless upon a sincere alteration o Judgment, which no Provocation can make me so uncharitable as not to with still most hearty to you and all your Party, and then I shall again subscribe my self.
Worthy Colonel Brown,
In the first Place I most extreamly lament the unlucky burning (by chance) of the Cypher wherein all my former Letters, but only those which were meant for your well served Masters supervizing, were writen: whereby I am constrained to venture these Misteries without a Vail, which I should not have done, but that the necessity of this instant time pressed it; and that I am as consident as I can be of any thing, that this will come safe to your Hands.
In the next Place I must chide you for hazarding in your Cozen Bernard's Packet that other Paper of yours, which was so little meant for his sight. But your Letter of Desiance which I read to out him, made him so mad that he observed not my cleanly Conveyance away of the Treasure within it. For truly I cannot give any other Name to that which contained so admirable contrivance and disposition of the principal Scene of our Act.
You know my Opinion from the beginning, that I valued Abbington, but as a flight Part of those Services (which if your Reputation and Trust with your Masters could be by any Act upheld) his Majesty might expect a Person of your dexterity and Interests, and therefore I willingly consented to the design of seeming to make those with whom you were to improve the confidence of you, privy to all our Negotiations with me, though with the inconveniency of making the surrender of Abbington, somewhat more difficult, and less seasonable by the Delay.
But I must confess to you with an unfeigned Pleasure, to be so excelled, that it was beyond my skill to find out such a way (as that which our resolve on by blowing up so artificially your Magazine) to make Abbington the King's upon such Conditions as might let you march away unsuspected and unblemisht in your Power; to do his Majesty those greater Services aimed at by you.
I will enlarge no further than to assure you that the time and hour upon the blazing Sign given shall be punctually observed, according to your Agreement with our incomparable Engineer Beckman, whose Escape so artificially and so unsuspectedly, as to your having any hand in it hath succeeded even to a Miracle.
In case there shall arise any difficulty unforeseen in the course proposed, and that there should need a nearer approach of our Forces either for assault or surprise, direct your Pleasure to Beckman by the Conveyance agreed on by you, and it shall be punctually executed; for there is no room for distrust when there are such Hostages given, for which take it upon my Word, the one, (your Friend) shall be as kindly used as in your own House, and the other as safely kept for you as in your Coffers.
I must not conclude without admiring your incomparable Letter of Defiance, which as if it were to prevent the Scorns being first put upon me at London, I have in great Rage caused to be printed here with my Eloquent Answer, which I send you here inclosed to be presented (with moderate insulting) unto your Masters, to whom certainly the World could not have furnished you with a pleasanter Endeerment, than to have fouled my Lord Digby, who can expect no less if this Business be cleanly gone through with, than to see you one of their Generals, especially now the rest are displaced by their last Vote, Farewell. I have that Faith in what I hope for of you, which hath seldom deceived.
Since the writing of this, I have a small Agent come in from Abbington who assures me that he saw you march out since Noon to Reading, which I do not believe; but yet for more security I have sent thither the last Night to meet you, a Duplicate of this and of the enclosed by a very safe Messenger, with one of the blank Passes you gave me.
"You are so far from winning by playing an after Game, that you will not save your own Stake (which you aim at) by it, for Standers by see you do it poorly, and dare not throw out your Dice. I find you are swelled, and the Poison you vent is worse than Spider's; but the Web is so thin that the Readers will guess by the ridiculousness of your Plot, that it was the King's Jester, not his Secretary that contriv'd it, and yet by the wickedness of it, will again conclude that the Devil works Journey-Work to my Lord Digby.
"Sir, my Magazine is safe, and will be when your Dishonourable under Ground-Dealings shall be blown up; within these few days you may expect a Blaze, but it must be of this Machination of Oxford's, wherein your Honour shall go for the Faux and the Garnet, (I find you can personate them both) against the Kingdom, and at such a time as now when you feared his Majesty, (who I know hath found you out) should conclude a Peace with his People which you dare not pray for (I thank God I do daily) nay would ravel in the first knitting. You tell me your Cypher is burnt, it was of your own writing my Lord I suppose; I am sorry your Lordships hand should be burnt, it is a scurvy hand and ominous. But fear not, your Friends at London will send your Honour a Copy of it in print.
"You say Bernard saw not your cleanly Conveyance;I am glad they take your Lordship for a Jugler in Oxon, they have done in London a long time; but being your familiar I wonder he should not know your Tricks.
"I am sorry your Honour should be his Majesty's Hocus Pocus, and have the knacks of cleanly Conveyance. Now the World may fee which way the King was conveyed from London, the Jewels beyond the Sea, the Irish Rebels brought over; which way so many Overtures of peace have appeared and vanished, surely my Lord,Digby's Trick of cleanly Conveyence. Play above board my Lord, that is fittest for a Counsel Table.
"My Lord I tax you now for your Incomparable Beckman's Escape, I verify think he got away by one of your Lordship's Tricks of cleanly Conveyance.You upbraid me much with my Master, my Lord, they will answer for themselves, and it is unworthily done to scoff at them whom your Master and mine calls his Parliament: again whether you will or no;and to them I refer you, who are fit to judge of such Language.
"If I were a Prostitute my Lord as you call me, why did your Honour act the Pimo, and offer me a Reward with such Solicitation so frequently, so hotly, so long a while? Let the World judge of your wooings, which since they fail, I look now your Force should venture upon a Rape.
"My Lord, you say at Oxford, that Londoners can preach (which is more than we can say of you again, the rest therefore shall be wholesom Exhortation) Do not destroy a Nobleman's Soul, pity yourself tho' not the Kingdom, and Let the fear of God be in you to expel Forgeries, even for your own (if not yours) for his Majesty's sake and honour, who hath taken you so near to himself;for if you conterfeit Hands and Seals of Subjects, it will be Histories that you were not chaft to his, for myself, you see my Lord, this Plot of yours is sofar from molesting my Thoughts, that it makes them merry; for I serve a God and a Cause which shall make them so in Death ; yet I hope to live to fee more and more the wife caught in their own Crastiness. I am my Lord,
An Ordinance for raising of 66666 1.—131.—4 d.(being another third part of 200000 1. agreed by the Ordinance of the 16th of October 1643. to be paid by way of Loan for the better enabling the Scots, for their Assistance,&c.
An Ordinance for the raising of 6962 1 and 4 s. per Month, upon the cities of London and Westminister, Tower-hamlets, Brought of Southwark and lines of communication, for the charge and Maintenance of the Forts and Guards to the said Places belonging.
This Day Pass'd the Vote for the self-denying Ordinance, or that no member of either House should enjoy any Command or Office, whence followed the New-Modeling of the Army ; of which in its proper Place.
An Ordinance naming and empowering certain Ministers to the Number of twenty one in the County of Lancaster or any seven of them to ordain Ministers protempore ; and that if any Person do publickly Preach or otherwise Exercise any Ministerial Function that shall not be ordained or thereunto allowed by seven of the said Ministers, their Names shall be returned to both Houses of Parliament to be dealt with as they in their Wisdom shall think fit.
An Ordinance naming and empowering certain Ministers to the Number of twenty one in the Country of Lancaster or any seven of them to ordain Ministers protempore ; and that if any person do publickly preach or otherwise Exercise any Ministerial Function that shall not be ordained or there unto allowed by seven of the said Ministers, their Names shall be returned to both Houses of Parliament to be dealt with as they in their Wisdom shall think sit.
An Ordinance reciting, That whereas the Dutchy Seal beloging to the Country palatine of Lancaster, hath been forceably taken from Christopher Banister Esquire Vice-Chancellor of the said County by the Forces raised against the Parliament; in the Want whereof neither Sheriff nor Justices of Peace could be made for that County, nor common Justice administred unto the Inhabitants thereof to their unsufferable Prejudice and Detriment. Therefore they ordain a new Dutchy Seal shall be made and sent to the said Banister, who is thereby authorized and ordered to use the same.
An Ordinance of the Lords and Commons Assembled in Parliament for the better Observation of the Feast of the Nativity of Christ.
Whereas some Doubts have been raised, whether the next Fast shall be Celebrated, because it falleth on the Day which heretofore was usually called the Feast of the Nativity of our Saviour: The Lords and Commons in Parliament Assembled, do Order and Ordain, that publick Notice be given, that the Fast appointed to be kept the last Wednesday in every Month ought to be observed, until it be otherwise Ordered by both Houses of Parliament, and that this Day in particular, is to be kept with the more solemn Humiliation, because it may call to Remembrance our Sins, and the Sins of our Fore fathers, rvhe have turned this Feast, pretending the Memory of Christ into an extream Forgetfulness of him, by giving Liberty to carnal and sensual Delights, being contrary to the Life which Christ led here on Earth, and to the Spiritual Life of Christ in our Souls, for the Sanctifying and Saving whereof Christ was pleased both to take a Human Life and to lay it down again.
We are now arrived at the last Hours of that Great Church-man William Laud Archhiihop of Canterbury. Touching whose Impeachment and Commitment ; The Charge of the Scots Commissioners and the first Articles by the Commons or England exhibited against him, we have before given an Account ; and for the Remainder that we shall here insert relating to him, we thought it would be more acceptable sum'd up all together at this Place, than dispersed at those various and far distant Times wherein it was transacted.
This eminent Prelate being accused by the Commons of High Treason December 18th, 1640. and thereupon committed to the Black Rod ; on the 26th of February following, the Articles before herein recited were brought in against him, and then he was fent to the Tower. On the 23d of October 1643. Additional Articles were carried up to the House of Lords of this Tenor.
Further Articles of Impeachment by the Commons Assembled in Parliament against William Laud Archbishop of Canterbury of High Treason, and divers High Crimes and Misdemeanors, as followeth.
I. That the said Archbishop of Canterbury to introduce an Arbitrary Government within this Realm, and to destroy Parliaments in the third and fourth Year ofhis Majesty's Reign that now is, a Parliament being then called and fitting at Westminster, traiterously and maliciously caused the said Parliament to be dissolved to the great Grievance of his Majesty's Subjects and Prejudice of this Common-wealth; and soon after the Dissolution thereof gave divers Propositions under his Hand to George then Duke of Buckingham, calling therein many false Aspersions upon the said Parliament, calling it a factious Parliament and falsly affirming, that it had cast many Scandals upon his Majesty, and had used him like a Child in his Minority, stiling them Puritans, and commending the Papists for harmless and peaceable Subjects.
II. That within the space of Ten Years last past, the said Archbishop hath treacherously endeavoured to subvert the Fundamental Laws of this Realm; and to that End hath in like manner endeavoured to advance the Power of the Council-Table, the Canons of the Church, and the King's Prerogative above the Laws and Statutes of the Realm. And for Manisestation thereof about fix Years last past, being then a Privy Counsellor to his Majesty, and sitting at the Council-Table, he said, that as long as he sate there, they should know, that an Order of that Board should be of equal Force with a Law or Act of Parliament; and at another time used these Words, that he hoped ere long, that the Canons of the Church, and the King's Prerogative should be of as great Power as an Act of Parliament; and at another time said, that those that would not yield to the King's Power he would Crush them to Pieces.
III That the said Archbishop, to advance the Canons of the Church, and Power Ecclesiastical above the Law of the Land, and to pervert and hinder the Course of Justice, hath at divers times within the said Time by his Letters and other undue Means and Solicitations used to Judges, opposed and stopped the granting of his Majesty's Writs of Prohibition, where the same ought to have been granted for Stay of Proceedings in the Ecclesiastical Court; whereby Justice hath been delayed and hindred, and the Judges diverted from doing their Duties.
IV. That for the End and Purpose aforesaid, about seven Years last past, a Judgment being given in his Majesty's Court of Kings-Bench against one Burley a Parson, being a Man of bad Life and Conversation, in an Information upon the Statute of 21 Hen. 8. for wilful Non-Residency, the said Archbishop by Solicitations and other undue Means used to the Judges of that Court, caused Execution upon the said Judgment to be stayed; and being moved therein, and made acquainted with the bad Life and Conversation of the said Parson, he said, that he had spoken to the Judges for him, and that he would never suffer a Judgment to pass against any Clergy-man by Nihil dicit.
V. That the said Archbishop about eight Years last past, being then also a Privy Counsellor to his Majesty for the End and Purpose aforesaid, caused Sir John Cobet of Stoke in the County of Salop Baronet, then a Justice of Peace of the said County to be committed to the Prison of the Fleet, where he continued Prisoner for the space of half a Year or more, for no other Cause, butfor calling for the Petition of Right and causing it to be read at the Sessions of the Peace for that County upon a just and necessary Occasion. And during the time of his said Imprisonment, the said Archbishop without any Colour of Right, by a Writing under the Seal of his Archbishoprick granted away a Parcel of the Glebe-land of the Church of Adderly in the said County, whereof the said Sir John Corbet was then Patron, unto Robert Viscount Killmurrey without the Consent of the said Sir John, or the then Incumbent of the said Church, which said Viscount Killmurrey built a Chapel upon the said Parcel of Glebe-land, to the great Prejudice of the said Sir John Corbet, which hath caused great Suits and Contentions between them: And whereas the said Sir John Corbet had a Judgment against Sir James Stonehouse Knight, in an Action of Waste in bis Majesty's Court of Common Pleas at Westminster, which was afterwards affirmed on a Writ of Error in the King's-Bench, and Execution thereupon awarded ; yet the said Sir John by means of the said Archbishop could not have the Effect thereof, but was committed to Prison by the said Archbishop and others at the Council-Table, until he had submitted himself unto the Order of the said Table, whereby he lost the Benefit of the said Judgment and Execution.
VI. That whereas divers Gifts and Dispositions of divers Sums of Money were heretofore made by divers charitable and well-disposed Persons, for the buying in of divers Impropriations for the Maintenance of preaching the Word of God in several Churches; the said Archbishop, about eight Years last past, wilfully and maliciously caused the said Gifts, Feoffments and Conveyances made to the Uses aforesaid, to be overthrown in his Majesty's Court of Exchequer, contrary to Law, as Things dangerous to the Church and State under the specious Pretence of buying in Appropriations, whereby that pious Work was suppressed and trodden down to the great Dishonour of God and Scandal of Religion.
VII. That the said Archbishop at several times, within these Ten Years last past, at Westminster, and elsewhere within this Realm, contrary to the known Laws of this Land hath endeavoured to advance Popery and superstition within the Realm; and for that End and Purpose hath wittingly and willingly received, harboured and relieved divers Popifh Priests and Jesuits, namely, one called Sancta Clara, alias Damport a dangerous Perfon, and Franciscan Friar, who having writ a Popish and Seditious Book, entituied, DEVS, NATURA, GRATIA, wherein the Thirty nine Articles of the Church of England established by Act of Parliament, were much traduced and scandalized: The said Archbishop had divers Conferences with him whilst he was writing the said Book ; and did also provide Maintenance and Entertainment for one Monsieur St.Giles a Popish Priest at Oxford, knowing him to be a Popish Priest.
VIII. That the said Archbishop about four Years last past, at Westminster aforesaid, said, that there must be a Blow given to the Church, such as had not been yet given before it could be brought to Conformity, declaring thereby his Intention to be to shake and alter the true Protestant Religion established in the Church of England.
IX. That in or about the Month of May, 1640, presently after the Dissolution of the last Parliament, the said Archbishop for the Ends and Purposes aforesaid, caused a Synod or Convocation of the Clergy to be held for the several Provinces of Canterbury and York, wherein were made and established by his Means and Procurement divers Canons and Constitutions Ecclesiastical, contrary to the Laws of this Realm, the Rights and Privileges of Parliament, the Liberty and Property of the Subject tending also to Sedition and of dangerous Consequence ; And among other things, the said Archbishop caused a most dangerous and illegal Oath to be therein made and contrived, the Tenor whereof, followeth in these Words,—That I A B. do swear that I do approve the Doctrine and Discipline, or Government establish'd in the Church of England, as containing all things necessary to Salvation; and that 1 will not endeavour by my self or any other, directly or indirectly to bring in any Popish Doctrine contrary to that which is so edtablished: Nor will 1 ever give my Consent to alter the Government of this Church by Archbishops, Bishops, Deans and Archdeacons, &c at it stands now established, and as by Right it ought to stand; Nor yet ever subject it to the Vsurpations and Superstitions of the See of Rome. And all these things I do plainly and sincerely acknowledge and swear according to the plain and common Sense and Understanding of the same Words, without any Equivocation or mental Evasion, or secret Reservation whatsoever. And this I do heartily, willingly and truly upon the Faith of a Christian, so help me God in Jesus Chrift. Which Oath the said Archbishop himself did take, and caused divers other Ministers of the Church to take the same upon pain of Suspension and Deprivation of their Livings and other severe Penalties ; and did also cause Godfrey, then Bishop of Gloucester, to be committed to Prison for refilling to subscribe to the said Canons and to take the laid Oath: And afterward, the said Bishop submitting himself to take the said Oath, he was set at Liberty.
X. That a little before the Calling of the last Parliament, Anno 1640, a Vote being then pass'd, and a Resolution taken at the Council-Table, by the Advice of the said Archbishop, for assisting of the King in extraordinary Ways, if the said Parliament should prove peevish, and refuse to supply his Majesty: The said Archbishop wickedly and maliciously advised his Majefty to dissolve the laid Parliament, and accordingly the same was dissolved; and presently after the said Archbishop told his Majesty, that now he was absolved from all Rules of Government, and left free to use extraordinary Ways for his Supply.
For all which Matters and Things the said Commons assembled in Parliament in the Name of themselves and of all the Commons of England, do impeach the said Archbishop of Canterbury of High Treason, and other High Crimes and Misdmeanors tending to the Subversion of our Religion, Laws and Liberties, and to the utter Ruin of this Church and Commonwealth. And the said Commons by protestation saving to themselves the Liberty of exhibiting at any time hereafter any further or other Accusation or Impeachment against the said William Land Archbishop of Canterbury, and also of replying to the Answer that he shall make unto the said Articles, or any of them; or offering Proof of the Premisses, or any other Impeachments or Accusations that shall be exhibited by them, as the Cause shall (according to the Course of Parliament; require; do pray that he the laid William Land Archbishop of Canterbury may be called to answer the said several Crimes and Misdemeanours, and receive such condign Punishment as the same shall deserve; and that such further Proceedings may be upon every of them had and used against him as is agreeable to Law and Justice.
Ordered, &c. That the Lord Archbishop of Canterbury shall put in his Answer in writing into this House by the Thirtieth Day of this Instant October, unto the particular Articles in maintenance of their former Impeachment of High Treason and divers high Crimes and Misdemeanours, brought up from the House of Commons against him, and remaining now before the Lords in Parliament.
Most humbly prayeth, that according to an Order of that Honourable House, he may have Counsel assigned him, and that Master Hearne and Master Chute may be his Council, and may have free Liberty to come unto him, and that he may have some Money out of his Estate to see his Council, and defray his other Charges, he having been for this last whole year burthensome to his Friends. And further, that he may have all his Papers and Books, most of which belong to his Defence, which Master Prynne took from him by Order from the Lords, delivered unto him, that he may be able to answer for himself. That also he may have Time and Means, to send for his Witnesses, which can hardly be done in the time limited. And, that he may have his Servants about him to send about his necessary Occasions; And lastly, that he may have longer time, the Articles being large and many, And he shall ever Pray, &c.
'Upon the reading of the Petition of the Lord Archbishop of Canterbury this day in the House, It is Ordered, &c. That time is given him until Monday the Sixth of November for the putting in his Answer in writing into this House unto the particular Articles brought up from the House of Common in Maintenance of their former Impeachment of High Treason, and divers High Crimes and Misdemeanours again him. That Master Hearne and Master Chute are hereby assigned of Council for the drawing up of his Answer, who are to be permitted to have free access in and out to him. That this House doth hereby recommend to the Committee of Sequestrations, that the said Lord Archbishop shall have such Means afforded him out of his Estate, as will enable him to pay his Council, and defray his other Charges; that when his Lordship shall set down particularly what Papers and Writings are necessary for his Defence that should be restored unto him, their Lordships will take it into their Consideration. That upon his Lordships nominating who shall be his Solicitor, the Lords will return their Answer. And for the Witnesses when a Day shall be appointed for his Lordship's Trial, this House will give such Directons therein as shall be just.
Ordered &c. That Master Hales is hereby appointed to be of Council with the Lord Archbishop of Canterbury, with his other Council already appointed for the drawing of his Answer to the Charge of the House of Commons against him. And that Master W Dell, Richard Cobb, and Master George Smith, his Lordship's Servants shall have Liberty to attend the said Archbishop's several Affairs, and be permitted to come in and out unto him, as there shall be occasion.
Most humbly sheweth,
That your Petitioner having presented against him, by the Honourable House of Commons, to your Lordships, an Impeachment, Intituled, Further Articles of Impeachment by the Commons assembled in Parliament, of High Treason, and divers High Crimes and Misdemeanours; to which by your Honourable Order of the Twenty Fourth of October annexed, he is directed to put in his Answer in Writing, by Monday the Sixth of November; and hath thereby Council assigned him to draw up the same.
'That your Petitioner's Council upon reading of the Articles, finding that as well in the Frame as the Conclusion thereof, the matters of Crime and Misdemeanours are so Interwoven with References to the Matters thereby charged as Treason, as they cannot take upon them to distinguish them and conceiving it not to have been your Lordship's Intention by their Assignments that they should advise an Answer to any Part of the Impeachment charged against your Petitioner as Treason, do forbear to Advise your Petitioner's Answer to the said Articles without some Declaration first had, which of the said Articles are intended to be a Charge of High Treason, and which of them of Crimes and Misdemeanours, without which your Petitioner is like to be deprived of the Assistance of Council granted by your Lordship's Order.
'Your Petitioner humbly beseecheth your Lordships in this so heavy a Charge on him, from so great and Honourable a Body, in such a strait of Time; That it may be declared, which of the said Articles are intended to be Charges of Crimes and Misdeameanours only, in which your Petitioner may have the Assistance of his Council Assigned him to advise him in his Answer thereunto; And that your Lordships will be further Honourably pleased to inlarge your Petitioner in the time allotted for his Answer.
And your Petitioner shall pray, &c.
Ordered, &c. That the Lord Archbishop of Canterbury shall have time to put in his Answer to the Impeachment of the House of Commons until Monday the 13th of November next. And that this House doth forbear to declare any Opinion concerning the several Articles of the said Impeachment, but leaves it to his Council to do and advise as his Council shall think most sitting.
Ordered, That the Lieutenant of the Tower, or his Deputies shall bring in safety the Lord Archbishop of Canterbury before their Lordships on Monday the 13the of this Instant November, by Ten of the Clock in the Morning, to put in his Answer into the House to the Impeachment of the House of Commons, remaining now before the Lords in Parliament, and this to be a sufficient Warrant, in that behalf.
'The humble Answer of William Archbishop of Canterbury, to the further Articles of Impeachment of High Treason and divers High Crimes and Misdemeanours exhibited against him by the Honourable House of Commons, according to Direction of an Order of this Honourable House of the 13th of October last.
'All Advantages of Exception to the said Articles of Impeachment, to this Defendant, saved and reserved, this Defendant humbly faith, that he is not Guilty of all or any the Matters by the said Impeachment charged in such manner and form as the same are by the said Articles of Impeachment charged.
Ordered by the Lords in Parliament, That the Lord Archbishop of Canturbury's Council shall provide themselves to advise him in Point of Law, in all the Articles of the whole Charge, and for the matter of Fact when the Cause comes to be prosecuted by the House of Commons, as there shall be need, their Lordships will give further Directions in due time.
Ordered, That the Committee for the Tryal of the Archbishop of Canterbury do meet this Afternoon at Two of the Clock in the Star-Chamber, to prepare the Evidence against the Archbishop of Canterbury; And to summon such Witnesses as are needful, and prepare the Business sit for Trial, and to acquaint the House when they are ready, and this they are to do with all convenient speed they can, and have Power to send for Parties, Witnesses, Papers, Records, &c. And the Care thereof, is particularly committed unto Serjeant Wild.
It is this Day ordered by the Lords in Parliament; That this House will proceed againg William Laud Archbishop of Canterbury upon the Impeachment brought up from the House of Commons for High Crimes and Misdeamenours, on Monday Morning next at Ten a-Clock being the Eighth of this instant January 1643. At which time the said Archbishop is to prepare himself for his Defence.
A Message sent from the Lords by Sir Robert Rich, and Mr. Page; The Lords commanded us to put you in mind, that the Archbishop of Canterbury hath put in his Plea to the Impeachment of this House sent up to the Lords sometime since, which they desire you to take into Consideration what is sit to be done in it.
January the Fifth, The House of Commons desired the Lords to appoint a Committee to examine some Witnesses upon Oath, against the Archbishop in the presence of the Committee of the Commons, which was granted.
'That your Petitioner having received your Lordships Command by your Honourable Order of the Third of this Instant January, annex'd to Attend and Answer the Impeachments against your Petitioner, from the Honourable House of Commons on Monday the Eighth of this Instant January, which is but five Days distance, and at the time when two of his three Council assigned are out of Town, and your Petitioner's Witnesses residing in several remote Places cannot be summoned in so short a time, nor willing happily to come upon their Summons, without Warrant from your Lordships.
'Your Petitioner's most humble Suit to your Lordships is, that you will Honourably vouchsafe him some more convenient time to send for his Council and Witnesses, to testify in the matters of Fact charged against him, and with all to grant the Petitioner your Honourable Order, to command the Witnesses summoned to attend at the time by your Lordships to be appointed: which his humble Request, your Petitioner had sooner presented to your Lordships, but that no Sitting hath been (as your Petitioner is inform'd) until this Day, sithence your Honourable Order in this behalf made known to him.
And your Petitioner shall pray, &c.
'Whereas the House formerly appointed Monday, being the Eighth of this Instant January, 1643. to proceed against William Laud Archbishop of Canterbury, upon the Impeachment brought up against him from the House of Commons, for High Treasons, and High Crimes and Mesdemeanours; Upon Reading the Petition of the said Archbishop, it is this day Ordered by the Lords in Parliament, to the end the Council and Witnesses of the said Archbishop, may have competent time to attend the Hearing of the Cause, that this House will respite the Proceedings against the said Archbishop upon the said Impeachments until Tuesday the 16th of this Instant January, 1643. at Ten of the Clock in the Morning; at which time the said Archbishop is peremptorily appointed to provide his Witnesses, and prepare his Defence unto the said Impeachments.
In pursuance whereof, on the 15th of January, an Order was made Commanding the Lieutenant of the Tower to bring up his Prisoner accordingly. Who being brought to the Lords House at the time appointed, about Three a Clock that Afternoon, the Lords sent down this Message to the House of Commons, thus entered in their Journal.
Upon this Message the Committee of the House of Commons appointed to manage the Evidence against him, went up to the Lords House, and then the Archbishop being brought to the Bar, after he had there kneeled a little space was commanded to stand up; which Ceremony ended, Mr. Maynard one of the Committee, desired the Lords that the Original and Additional Articles of Impeachment against the Archbishop might be read, which being read accordingly by the Clerk, he then prayed, that the Archbishop's several Answers, to these Articles might likewise be read: Whereupon the Speaker of the Lords House, commanding them to be read, the Clerk read only his forementioned Answer to the Additional Articles, but no Answer to the Original, there being never any Answer put it unto them.
'It now appears to your Lordships, how unwilling the Archbishop is (out of Conscience of his own Guilt) to come to his Tryal, that in all this space from his first Impeachment; he hath not so much as put in any Answer to the original Articles, though he had long since Council assigned him for that Purpose: My Lords this is none of the Commons fault but his own; for your Lordships well know that the Commons can take no Notice what is done in the House of Peers in a Parliamentary way, but by a Message from your Lordships, who after our Articles exhibited, were to call upon the Archbishop for an Answer to them; and your Lordships sending us several Messages heretofore that the Archbishop had put in his Answer to the Articles, and that you were ready to hear our Charge against him, and appointing this Day for his Tryal, the Commons thereupon conceived that he had formerly put in his Plea and Answer, in due form to all their Articles, but the contrary now appearing both to your Lordships and us, it is impossible for us to proceed at this time on his Tryal, there being no issue joyned upon the original Articles, for want of an Answer to them, and to proceed upon the Additionals before any Answer given to the Originals will be very preposterous; wherefore we humbly pray your Lordships to order that the Archbishop may forthwith put in his Answer both to the original and additional Articles by the Advice of his Counsel, or otherwise, in such a Sort as he will stand to it; and then we shall, without any Delay, join Issue with him, proceed on in his Tryal and Evidence against him, when your Lordships shall appoint.
The Archbishop desired the Lords that he might advise with his Counsel, whether the Articles were certain and particular enough to be answered unto; and that if their Lordships should over-rule him to put in his Answer to them, he might have convenient Time to do it.
Upon this, all being commanded to withdraw, the Lords, after some short Debate among themselves, and upon reading the Archbishop's Petition to have Mr. Gerrard of Gray's-Inn assigned for his Counsel to join with those formerly assigned him, made this ensuing Order.
Upon the reading the Petition of William Archbishop of Canterbury, It is this Day ordered by the Lords in Parliament; That Mr. Richard Gerrard of Gray's-Inn be added to the former Counsel assigned to the said Archbishop to be likewise of his Counsel.
It is also Ordered by the Lords in Parliament, that William Archbishop of Canterbury shall put in his Answer in Writing into this House, to the first and further Articles of Impeachment brought up from the House of Commons against him by Monday Morning next peremptorily, and that the same Counsel formerly assigned him shall be of Counsel with him.
'That whereas your Petitioner having formerly answered the particular Articles exhibited against him by the Honourable House of Commons and now by your Lordship's Order of the 16th of this Instant is commanded to put in his Answer to the first and further Articles of Impeachment brought up against him by Monday Morning next, for doing whereof his former Counsel is assigned him.
'That your Petitioner having advised with his Counsel concerning the first Articles which were exhibited now almost three Years sithence, finding upon Perusal and Debate of the same, that the said former Articles are such, that no Answer can be made thereunto, nor your Petitioner, in any wife enabled to prepare for his Defence to the same, as they now stand.
'That forasmuch as the said Articles of Impeachment import no less than a Charge of High Treason, and forasmuch as your Petitioner is by his Counsel informed, that (especially in Cases of Life) the Defendant is allowed to offer to the Court where the same depends his Exceptions by his Counsel before any Plea pleaded.
What Answer the Lords returned to this Petition I find not but on the 20th of January they made an Order for the Lieutenant to bring him up on the Monday following to put in his Answer according to their Order of the Sixteenth.
The Answer of the Archbishop of Canterbury to the first and further Articles of the House of Commons delivered in the 22d of January, 1643.
The humble Answer of William Archbishop of Canterbury to the first and further Articles of Impeachment brought up by the Honourable House of Commons against him, and by Order of the Right Honourable the Lords in Parliament of the 16th of this Instant directed to be put in.
'As to the thirteenth Article of the first Articles, and the Matters therein charged, and all other Matters or Things in the same or any of the rest of the said Articles contained, which concern any Act of Hostility, whether between the King and his Subjects, or between Subject and Subject, or which may be conceived to arise upon the coming of any English Army against Scotland, or upon any Action, Attempt, Assistance, Counsel or Device, having relation thereunto, and falling out by the Occasion of the late Troubles, preceding the late Conclusion of the Treaty, and Return of the Scottish Army into Scotland, this Defendant faith, That it is enacted by an Act made during the fitting of this present Parliament, that the same and whatsoever hath ensued there upon, whether trenching upon the Laws and Liberties of the Church and Kingdom, or upon his Majesty's Honour and Authority, in no time hereafter may be called in Question, or resented as a Wrong National or Personal; and that no Mention be made thereof in Time coming, neither in Judgment, nor out of Judgment; but that it be held and reputed as though never such Things had been thought or wrought, as by the said Act may more at large appear, with this, that this Defendant doth averr, that he is none of the Persons excepted by the said Act, or the said Offences charged upon this Defendant any of the Offences excepted by the said Act.
'And as to all the rest, and further Articles, this Defendant, saving to himself all Advantages of Exception to the said Articles humbly faith, he is not Guilty of all or any the Matters by the said Articles charged, in such Manner and Form, as the same are by the said Articles charged against him.
The same Day the Lords, by Sir Robert Rich, and Mr. Page sent down this Answer of the Archbishop's to the House of Commons which was read, and ordered to be referred to the Committee appointed to manage the Evidence against the said Archbishop, and accordingly delivered to Serjeant Wild.
And it was further the same Day ordered by the Commons; That the said Committee appointed to manage the Evidence at the Trial of the Archbishop of Canterbury do peremptorily meet this Afternoon, at three of the Clock in the Court of Wards upon the Distribution of the Parts of the Evidence.
'A Message to be sent to the Lords to desire them to appoint a Day for the Trial of the Bishop of Canterbury: Mr. Serjeant Wild went up to the Lords to appoint a Day for the Tryal of the Archbishop of Canterbury, Serjeant Wild brings Answer, that the Lords have appointed to morrow-seven-night for the Tryal of the Archbishop of Canterbury.
Ordered, That the Archbishop of Canterbury shall appear before their Lordships on Tuesday the 12th of this Instant March at Nine of the Clock in the Morning. At which Time this House will proceed against the Archbishop, upon the first and further Articles of Impeachment brought up from the House of Commons against him for High Treason, and High Crimes and Misdemeanors; whereof the said Archbishop is hereby to take notice and provide himself accordingly.
The humble Petition of William Archbishop of Canterbury, desiring that Henry Mildmay may be examined as a Witness in his Business, he being to come to his Tryal on Tuesday next, was this Day read, and it is ordered, according to his Petition that he shall be examined as a Witness at the Tryal of the said Bishop accordingly. It was likewise then ordered, that divers Members of the House of Commons shall be examined as Witnesses against him; And that the Lords be moved by Serjeant Wild, that some Members and Attendants of the Lords House be examined at the Archbishop's Tryal. And that it be referred to the Committee of Sequestrations to consider of some convenient Recompence for such Clerks, Solicitors, and others, as have been, or shall be employed in the transcribing of Breviats and other Services done by them to the Committee for the Archbishop of Canterbury's Tryal.
On Thursday the 12th of March 1641/4, being the Day appointed for the Commencement of his Tryal, the Archbishop, about three of the Clock in the Afternoon was brought by the Licutenant of the Tower, and Usher of the Black-Rod to the Bar in the Lords House, where after he had kneeled a little space, the Lord Gray of Warke, Speaker Pro Tempore, commanded him to rise up; and the Committee of the House of Commons appointed to manage the Evidence at his Tryal, demanded that the several Articles of their Impeachment against him might be read; whereupon on of the Clerks of the Lords House, read both the original and additional Articles before-mentioned, and after that his Answer, Plea, and Demurrer thereunto.
The Archbishop then desired the Lords, that the House of Commons might give in all their Charge and Evidence to all the Articles against him together, before he should be put to give his Answer to any particular Charge, because he was ancient, his Memory very short, and the Articles General, and that he might answer all his Charge together, and not each Day's Evidence by piece-meal. To which on the Behalf of the Commons it was answered by Mr. Maynard;
I. That if the Archbishop's Memory was so bad, it would be far worse for him to charge it with answering many Particulars, and the whole Evidence against him together, than to answer every particular Charge each Day, as it should be given in against him, whilst it was fresh in Memory.
III. That the Lords themselves would find it difficult to pass their Judgment upon all the Charge together, without hearing his punctual Answer to every particular Proof as it should be given in Evidence, whilst it was fresh in their Memories.
IV. Because else all the Witnesses, which were very many, must of Necessity attend, and be kept in Town from the first to the last Day of his Tryal, which would be a very great Charge and Inconvenience.
Then the Archbishop desired, that the House of Commons would sever the Articles which were Treason, from those other Articles which were matter of Crime and Misdemeanour only; that so he might know which of them were Treason, and which not. Hereunto Mr. Maynard answered, that this they might not do, because they were now only to try the Matter of Fact, not Law; and because all the Articles taken together, not each or any particular Article by itself, made up the Treason wherewith he was charged, to wit, his Endeavours to subvert and destroy Religion, the fundamental Laws of the Land, and Government of the Realm, and to bring in Popery and an Arbitrary Tyrannical Government against Law.
Serjeant Wyld's Speech.
'This great Cause of the Archbishop of Canterbury, after a long and painful Travail, is now come to the Birth; of which it may be truly said, as it was in a like Case, Repertum est hodierno die facinus, quod nec poeta fingere, nec Histrio sonare, nec minus imitari potuerit.
'For if all the Oppressions, all the pernicious Practices and Machinations which have been in each time to ruinate our Religion, Laws and Liberties, were lost; I think here they might have been found and drawn out again to the Life. So that your Lordships who have been the great Assertors of our Liberties, and stood so fast to the Rules and Principles of your noble Progenitors (which others have ignobly deserted) may after a long conflict with so many great and matchless Difficulties, say now as a great Commander once did upon an extraordinary Danger, Tandem par animo meo periculam video. Here is a Cause proportionable to yourselves, apt and proper for the Justice, and Power of this honourable Court.
'Had they been Faults of common Frailty, Error, or Incogitancy, which this Man hath committed, we should gladly have stepped back, and cast a Clock over them; but being so wilful, so universal, so destructive to the Laws of God and Man, so comprehensive of all the Evils and Miseries which now we suffer, the Sin would lye upon our own Heads, if we should not all for Justice; which that it hath been so long uncalled for (not deferred or delayed) I suppose no Man will think strange, who considers the present Distractions, the Death and Dispersion of our Witnesses, the Loss of some of our Members who have been employed and taken Pains in this Business; the multitude of Diversions which we have had, and have daily, occasioned by the Acts and Influences of this Meteor.
'But the Truth survives, and matter enough survives, so copious and so full of Variety, that if all the Particulars should be examined, for his three years Imprisonment which he complains of, there would be three years time of Tryal and hearing the heavy Charge that lies against him, a Charge of High Treason, Treason in all and every Part, Treason in the highest Pitch and Altitude; For what greater Treason can there be than to betray the whole Realm, and to subvert the very Foundations, leaving nothing for Posterity, but a Curse upon him that shall go about to build again.
'That which of itself is so heinous, is much more enhannced and aggravated by the Quality of the Person: A Churchman, a great Prelate; a Man in Great Trust, Place, and Authority in Church, and Common-wealth.
'A Man endued with so great Gifts of Nature, and so many of Grace and Favour from his Majesty, and for all these to be perverted to a contrary End even to the Destruction of the Publick, and the Ruin of the Womb that bare him, how deep a Dye, do these impose upon this soul Crime?
'How Church-men in all Ages (as hath been often observed) should come to be the archest Seedsmen of Mischief, and Princpal Actors in all the great Distractions and Alternations that have happened, is a Destiny that may seem strange. But the Reason is, (Ex bono Theologo malus Medicus) their intermeddling with Temporal things and matters Heterogeneal to their Calling; wherein God is pleased to smite them with Blindness, and to infatuate their Counsel; whereof a perfect Pattern we have in this great Prelate, who by abusing his Profession, and making the Business of State, the Customary Subject of all his Endeavours became the Author of all the Illegal and Tyrannical proceedings in the Star Chamber, High Commission Court, and other Courts, of all the Innovations in Doctrine and Discipline, of the suppressing of Godly Ministers and Preaching. Of the advancing of others, who where the promoters of Popery and Arbitrary Power, and indeed of all the Concussions and Distractions in Church and State, where by Religion hath been justled out, Laws and Parliaments trodden down with Contempt.
'And now after so many Bloody Massacres in France, such Fiery Persecutions here in Queen Mary's Days, so many Treacherous Conspiracies in time of Queen Elizabeth, that execrable and horrid Powder-Plot in the late Time of King James; such Streams and Rivers of Blood in Germany and Ireland, and other Parts of the Christian World ever since, by those restless and cruel Fire-brands of all Mischief: For any Man now to go about to build these Walls of Jericho, and to reduce us to those rotten principles of Error and Darkness, how can it be expected better, then that the People should be even ready to Stone him as they did him that did but Act the Part of Bellerophon in Rome.
'To draw on these, there must be an introducing of Popish Ceremonies in all the Particulars contained in the Mass-Books, and Pontificals themselves, and to make way for these, the Book of Sports must be published and pressed beyond the King's Intention or Declaration, which was but a civil Command; but he subjoyns Ecclesiastical Penalties, even the sharpest Suspension, Deprivation, and the like, these executed on divers Good and goodly Men with a high Hand: Thus a Liberty proclaimed not to Captives, but to prophane Caitiffs; this Day set apart by God ab aterno, exposed and prostituted to all Looseness and Irreligion, and that by a Law: This Lamb taken out of his Bosom.
'Jehosaphat sends Priests and Levites into all the Cities and Tribes to instruct them; This Prelate sends Declarations and Injunctions to corrupt them, and to extinguish the Lamp and Light of Religion: In the former Acts he destroys the Protestant, in this Religion itself: In the one, he leaves Superstition; in the other, nothing but Atheisme and Prophaneness: In the one he destroyers Presbyters, as did Dioclesian; in the other Presbyterium, as did the Apostate Julian; Yet to shew his love to Religion (the Popes only) he holds Correspondency with those of Rome, Cardinal Barberino, Panzani, Con Rosetti, the Popes Nuncioes, Sir Toby Matthews, Saint Clara, Saint Gyles, the most dangerous and desperate Jesuits, and many others ejusdem Farina. And by all these Steps and Rounds he makes a Ladder for himself to climb up to the Papal Dignity in example of Anselme, whom (though famous for his Contumacy and Rebellion) yet he calls him his worthy Prodecessor (as was Becket also) and is contented to take upon him, the plenitude of Power, the Title of Holiness, of Arch-Angel of this Church, the Lineal Successor of Gregory the First (rather of Gregory the Seventh) and for all this was well worthy to have these two great Offers made him, recorded in his own Memorials, by these that had Ability to perform it (viz) a Cardinal's Cap; but such was his Modesty to forbear it, because tho' Rome be a true visible Church in his Opinion, yet something dwelt with him that hindred it, for a Time, to wit, I suppose his dwelling here.
'For his Attempts against the Laws, the Subject's Birth-rights, and the Right of Parliaments, their chief Support and Refuge, how little regard he had to them, how much he did despise and abhor them, making it his Ambition to prefer the Contemners and Abusers of them, and to set up his Canons and Constitutions above them, imposing of unjust and unlawful Oaths, Exactions Monopolies, all sorts of Oppressions, stopping of Prohibitions and course of Justice, Rescinding of Acts of Parliament, Advancing of Proclamations, and all kind of Arbitrary Power above the Laws of God and Man, is fully expressed in the Articles, and will more fully appear in the Evidence. To conclude Naaman was a great Man, but he was a Leper. This Man's Leprosy hath so infected all, as there remains no other Cure, but the Sword of Justice, which we doubt not but your Lordships will so apply, that the Common-Wealth shall yet live again and Flourish.
When the Serjeant had done, the Archbishop desired that he might have Liberty to speak a few Words to wipe off that Durt had been cast upon him; Which the Lords granting, he made the following Oration which he had prepared for that Occasion, holding it written in a Paper in his Hand.
The Archbishop of Canterbury 's Speech at the beginning of his Tryal.
My being in this Place in this Condition, recals to my Memory that which I long since read in Seneca. Tormentum est, etiamsi absolutes quis fuerit, causam dixisse (6 de Benef. C. 28.) 'Tis not a Grief only, No; 'tis no less than a Torment, for an ingenuous Man to plead Capitally, or Criminally, though it should so fall out that he be absolved. The great Truth of this I find at present in myself: And so much the more because I am a Christian; and not that only, but in Holy Orders; and not so only but by God's Grace and Goodness preferred to the greatest Place this Church affords; and yet brought Causam dicere, to plead for myself at this great Bar.
And whatsoever the World thinks of me (and they have been taught to think much more ill of me, than, I humbly thank Christ for it, I was ever acquainted with) yet my Lords, this I find, Tormentum est, 'tis no less then a Torment to me to appear in this Place.
For as for the Sentence, be it what it shall; I thank God for it; I am for it at Saint Paul 's Ward (Acts 25. 11.) If I have committed any thing worthy of Death, I refuse not to dye; For I thank God I have so lived as that I am never afraid to dye, nor ashamed to live. But seeing the malignity which hath been raised against me by some Men, I have carried my very Life in my Hands this divers Years Past. But yet my Lords, if there be none of these things whereof they accuse me, though I may not in this Case, and form this Bar appeal unto Cesar, yet to your Lordships Justice and Integrity, I both may, and do; not doubting but that God of his Goodness will preserve my Innocency
And as Job in the midst of his Affictions said to his mistaken Friends, so shall I to my Accusers; God forbid I should justify you; till I dye I will not remove my Integrity from me, I will hold it fast and not let it go; my Heart shall not reproach me as long as I live, Job 22. 5.
My Lords, the Charge against me is brought up in ten Articles, but the main Heads are two: An Endeavour to Subvert the Laws of the Land, and the Religion established. Six Articles, (the five first, and the last) concern the Laws, and the other four Religion.
For the Laws first, I think I may safely say, I have been to my understanding, as strict an Observer of them all the Days of my Life, so far as they concern me as any Man hath; and since I came into Place I have followed them, and been as much guided by them as any Man that sat where I had the Honour to sit. And of this I am sorry I have lost the Testimony of the Lord Keeper Coventry,and other Persons of Honour since dead.
And the Counsel which attended at the Council Board can witness, some of them here present, that in all References to the Board or Debates arising at the Board, I was for that part of the Cause, where I found Law to be: and if the Council desired to have the Cause lest to the Law, well I might move in some Cases, Charity or Conscience to them; but I left them to the Law, if thither they would go, and how such a Carriage as this through the whole Course of my Life in private and publick can stand with an Intention to overthrow the Laws, I cannot yet see.
Nay more, I have ever been of Opinion, that Laws bind the Conscience, and have accordingly made Conscience of observing them: and this Doctrine I have constantly preached as Occasion bath been offered me; and how is it possible I should seek to overthrow those Laws which I held myself bound to keep and observe?
As for Religion, I was born and bred up in, and under the Church of England, as it stands established by Law; I have by God's Blessing grown up in it, to the Years which are now upon me, and to the Place of Preferment which I now bear. I have ever since I have understood ought in my Profession, kept one constant Tenor in this my Profession, without variation or shifting from one Opinion to another, for any worldly Ends: And if my Conscience would have suffered me to do so, I could easily have slid through all the Difficulties which I have prest upon me in this Kind. But of all Diseases I have ever held, a Palsy in Religion most dangerous; well knowing and remembering that Disease often ends in a dead Palsy.
Ever since I came in Place I have laboured nothing more, than that the external publick Worship of God (so much slighted in divers Parts of the Kingdom) might be preserved, and that with as much Decency and Uniformity as might be: For I evidently saw, that the publick neglect of God's Service in the outward Face of it, and the nasty lying of many Places dedicated to that Service, had almost cast a damp upon the true and inward Worship of God, which while we live in the Body needs external Helps, and all little enough to keep it in any Vigour. And this I did to the uttermost of my Knowledge, according both to Law and Canon, and with the consent and liking of the People; Nor did any Command issue out from me, against the one, or without the other.
Further my Lords, give leave, I beseech you, to acquaint you with this also, that I have as little acquaintance with Recusants as I believe any Man of my Place of England bath, or ever bath since the Reformation; and for my Kindred, no one of them was ever a Recusant, but Sir William Web, Grandchild to my Uncle Sir William Web, sometime Lord Mayor of London, and since which some of his Children, I reduced back again to the Church of England.
On this, one thing more I humbly desire may be thought on, that I am fallen into a great Obloquy, in matter of Religion, and that so far (as appears by he Articles against me) that I have endeavoured to advance and bring in Popery; perhaps my Lords, I am not ignorant what Party of Men have raised these Scandals upon me, nor for what End; nor perhaps by whom set on; but howsoever, I would feign have a good Reason given me, if my Conscience stood that Way, and that with my Conscience I could subscribe to the Church of Rome, what should have kept me here before my Imprisonment to endure the Libelling, and the Slanders, and the base Usage that hath been put upon me, and these to end in this Question for my Life? I say I would know a good Reason for this.
First my Lords, is it because I have any Pledges in all the World to sway me against my Conscience? No sure, for I have neither Wife nor Children to cry out upon me to stay with them; And if I had, I hope the calling of my Conscience should be heard above them.
Is it because I was loth to leave the Honour and Profit of the Place I was risen to? Surely no, for I desire your Lordships, and all the World to know, I do much scorn the one and the other, in Comparison of my Conscience. Besides, it cannot be imagined by any Man, but that if I should have gone over to them, I should not have wanted both Honour and Profit, and suppose not so great as this I have here, yet sure would my Conscience have served myself of either, less with my Conscience would have prevailed with me more, than greater against my Conscience.
Is it because I lived here at Ease, and was loth to venture the loss of that? Not so neither; for whatsoever the World may be pleased to think of me, I have led a very painful Life, and such as I would have been content to change, had I well known how; and would my Conscience have served me that Way, I am sure I might have lived at far more Ease, and either have avoided the barbarous libelling and other bitter grievous Scorns, which have been put upon me, or at least been out of the hearing of them.
Not to trouble your Lordships too long, I am so innocent in the Business of Religion, so free from all Practice, or so much as thought of Practice for any Alteration in Popery, or any blemishing the true Protestant Religion established in England, as I was when my Mother first bore me into the World. And let nothing be spoken but Truth, and I do here challenge whatsoever is between Heaven or Heli, that can be said against me in Point of my Religion, in which I have ever hated Dissimulation. And had I not hated it, perhaps I might have been better for worldly safety than now I am: but it can no way become a Christian Bishop to halt with God.
Lastly, If I had any purpose to blast the true Religion established in the Church of England, and to introduce Popery, sure I took a wrong way to it; for my Lords, I have staid more going to Rome and reduced more that were already gone, than I believe any Bishop or Divine in this Kingdom hath done; and some of them Men of great Abilities, and some Persons of great Place; and is this the way to introduce Popery? My Lords, if I had blemished the true Protestant Religion, how could I have brought these Men to it? And if I had promised to introduce Popery, I would never have reduced these Men from it.
And that it may appear unto your Lordships how many and of what Condition the Persons are, which by God's Blessing upon my Labours, I have settled in the true Protestant Religion established in England: I shall briefly name some of them, though I cannot do it in order of time, as I converted them.
Henry Brickinstead of Trinity-College Oxon, seduced by a Jesuit, and brought to London; (the Lords and other conceiving him to be Birkinhead the Author of all the Libellious Popish Oxford Aulicusses, against the Parliament, at the naming of him smiled) which the Archbishop perceiving, said, my Lords, I mean not Birkinhead the Author of the Oxford Aulicus, but another.
Two Scholars of St. John's-College, Toppin, and Ashton, who had got the French Ambassador's Pass, and after this I allowed means to Toppin, and then procured him a Fellowship in St. John's, and he is at this present as hopeful a Young Man as any of his time, and a Divine.
The Sons and Heirs of Master Winchcomb, and Master Wollescot whom I sent with their Friends to Wadham-Colledge, Oxford, and received a Certificate Anno.1638. of their continuing in conformity to the Church of England, nor did ever any one of these named relapse again, only the Countess of Buckingham, and Sir William Spencer; it being only in God's Power not mine to preserve them from relapse.
The Heads of the Charge against the Archbishop.
The Charge against the Archbishop was declared, by the Managers, to consist of many various particular Crimes of high Nature, but reducible to one General Head; to wit, High Treason against the King and Kingdom, thus expressed in the first Original, and second additional Articles. That he hath traiterously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England, and instend thereof, to introduce an Arbitrary and Tyrannical Government. This General they distributed into four specifical Branches in the Articles of his Impeachment, under which all the particular capital Offences, and grand Misdemeanours, which they should give in Evidence against him, were comprehensible, viz.
1. His Traiterous Endeavours and Practices to alter and subvert God's true Religion by Law established in this Realm, and instead thereof, to set up Popish Superstition and Idolatry, and reconcile us to the Church of Rome; the Particulars whereof are specified in the 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th and 13th original, and the 6th, 7th, 8th and 9th additional Articles.
2. His Traiterous Usurpation of a Papal and Tyrannical Power in the Church of England in all Ecclesiastical Affairs, in Prejudice and Derogation of His Majesty's Royal Prerogative, and the Subjects Liberties, comprised in the 6th original Article.
3. His Traiterous Attempts and Endeavours to subvert the Fundamental Temporal Laws, Government and Liberties of the Realm, and Subjects of England, and instead thereof, to introduce an Arbitrary and Tyrannical Government, against the Law and Subjects Liberties, expressed in the first, second, third, fourth, fifth, sixth and thirteenth original, and first, second, third, fourth, fifth and tenth additional Articles.
4. His Traiterous Endeavours to subvert the Rights of Parliament, and ancient course of Parliamentary Proceedings, and by false and malicious slanders, to incense His Majesty against Parliaments, contained in the fourteenth original, and first, ninth and tenth additional Articles.
The first part of the Evidence, upon the first, second, third and fourth original, and the second, third, fourth and tenth additional Articles, was manag'd by John Maynard, Esq; one of the Commons House, wherein four whole Days, namely, March 13th, 16th and 18th, Anno 1643, and March 28th, 1644, were spent; the Forenoons of them in the Evidence and Proofs, the Afternoons in the Archbishop's Answers, and Mr. Maynard's Replies unto them.
The second Part of the Evidence was prosecuted by Robert Nicholas, Esq; a Member also of the House of Commons, which took up three whole Days, viz.April 16th, and May the 4th and 16th. Morning and Evening in the Proof of the fifth and sixth original, and ninth additional Articles, and in the Answers and Replies upon them.
The third part touching Religion (contained in the seventh, eighth, ninth, tenth, eleventh and twelfth original, and sixth and seventh additional Articles) was carried on and managed by John Wild, Serjeant at Law, of the Commons House, for four whole Days, (to wit, May the 20th and 27th, and June the 6th and 11th) and then by reason of Mr. Serjeant's Sickness, pursued by Mr. Nicholas, five entire days more (viz. June 17th, 20th and 27th, and July the 20th and 24th.)
So that the very Evidence it self took up seventeen whole Days. The Particulars whereof, as they are much too tedious here to be set down at large, so to present the Reader with Abridgements or Cleanings of some Passages, might injure either Truth, or the Memory of that eminent Prelate, and therefore are here declined; the rather, for that if God vouchsase me Life and Opportunity, I have some thoughts of giving the World the entire Tryal of this archbishop, withall its Cir cumstances, in the same Manner as I lately did that of his Fellow-Statesman and Sufferer, the Earl of Strafford.
After all the Evidence thus given, and the Answers and Replies thereunto severally and respectively made, the Archbishop moved that he might have liberty to make a general Recapitulation of his whole Defence before the Lords, which accordingly he performed on Sept. 2, 1644. To which Samuel Brown Esq; a Member of the House of Commons, replied, On the 11th of September, summing up the principal Parts of the Evidence given against him at the Lord's Bar, and endeavouring to answer and invalidate the Archbishop's Allegations and Defences; who the same Day praying the Lords that his Counsel might be heard, in point of Law, in his Behalf, and their Lordships cosenting thereunto, the Managers for the House of Commons desired that they might first have Notice what Matter of Law the said Archbishop's Counsel would insist upon, that so they might prepare themselves to make Reply; whereupon it was ordered, that they should speak to this Point of Law, Whether in all or any of the Articles charged against him, there were any Treason contained? Which was argued at the Lord's Bar by Mr. John Hern, as the Mouth of his Counsel, October 11th, and replied unto by the Managers.
Soon after the Commons having drawn an Ordinance of Attainder of High Treason, upon the Evidence given in against him, on the 2d of November following (after its second Reading) the Archbishop was brought to the Bar of the House of Commons, where the aforesaid Mr. Brown, in his Presence, repeated to that House the Sum of the whole Evidence given in against him before the Lords; the doing whereof took up about three Hours time. To which the Archbishop was required to give his Answer, Viva Voce, who moved that he might have Time convenient given him for the same, in respect of the tedious Length and Weight of the Charge, which was granted till the 11th of the same Month. At which time he spoke at large for some Hours, in his own Defence, at the Commons Bar; whereto Mr. Brown, on the 11th of the same Month, replied in his Presence: And thereupon the same Day that House pass'd the Ordinance for his Attainder of High Treason, with but one dissenting Vote, which on the 16th of November was transmitted to the House of Peers, and because some of the Lords were not present at the giving in all the Evidence against him, during his long Tryal, they ordered, December 4th, that all Books, Writings, Docquets, and Evidences, concerning the Archbishop's Tryal, before the Lords in Parliament, should be brought into the Clerk of the Parliament. After which the Lords proceeded to the Consideration of every Particular of the Charge (putting each to the Question as they pass'd) and at a Conference, December 24, acquainted the Commons, that they had found the Archbishop guilty of the Charge, as to Matters of Fact, but desired some further Satisfaction in point of Law, whether the said Matters were Treason: Whereupon, on the 26th of December, the Commons appointed a Committee to draw up Reasons to satisfy the Lords therein, which were communicated at a Conference, January the 2d, by Serjeant Wild, Mr. Brown, and Mr. Nicholas, to the Lords; who thereupon, on the 4th of January, pass'd the Ordinance of Attainder, whereby it was ordained, That he should suffer Death, as in Cases of High Treason. And on the 6th of January, it was ordered by both Houses, that he should suffer accordingly on Friday the 10th. But on the 7th the Lords, at a Conference, acquainted the Commons with a Letter and Petition from the Archbishop, and a Pardon to him from the King, dated the 12th of April, 19 Car, of which he desired the Benefit; but the same was over-ruled and rejected. His Petition was, That in case he must die, Dr. Stern, Dr. Heywood, and Dr. Martin, might be permitted to be with him before and at his Death, to administer Comfort to his Soul, and that the Manner of his Execution might be altered unto Beheading. To which the Lords agreed, but the Commons then refused both, only granted that Dr. Stern, Mr. Marshal and Mr. Palmer, should go to him, and one or both of the latter to be constantly present, whilst Dr. Stern was with him. But the next Day, upon another Petition of his setting forth Reasons from his being a Divine, a Bishop, and one that had the Honour to fit in the House of Peers, and of the King's most Honourable Privy Council, &c. praying, in those Regards, not to be exposed to such an ignominious Death; the Commons consented to remit the rest of the Sentence, and that he should suffer Death by being Beheaded.
Archbishop Laud 's Funeral Sermon, or last Speech, on the Scaffold, January the 10th, 1644/5.
Let us run with Patience that Race that is set before us, looking unto Jesus the Author and Finisher of our Faith, who for the Joy that was set before him, endured the Cross, despising the Shame, and is set down at the Right Hand of the Throne of God.
I have been long in my Race, and how I have looked unto Jesus the Author and Finisher of my Faith, is best known to him: I am now come to the end of my Race, and here I find the Cross, a Death of Shame, but the Shame must be despised, or there is no coming the Right-hand of God: Jesus despised the Shame for me, and God forbid but I should despise the Shame for him. I am going apace, as you see, towards the Red-Sea, and my Feet are upon the very Brinks of it, an Argument, I hope, that God is bringing me to the Land of Promise, for that was the Way by which of old he led his People: But before they came to the Sea, he instituted a Passover for them a Lamb it was, but it was to be eaten with very sowre Herbs, as in the Twelfth of Exodus.
I shall obey, and labour to digest the sowre Herbs, as well as the Lamb, and I shall remember that it is the Lord's Passover, I shall not think of the Herbs, nor be angry with the Hands that gathered them, but look up only to him who instituted the one and governeth the other: For Men can have no more Power over me, than that which is given them from Above. I am not in love with this Passage through the Red-Sea, for I have the Weakness and Infirmity of Flesh and Blood in me, and I have prayed as my Saviour taught me, and exampled me, Ut transoret calix ista.
That this Cup of red Wine might pass away from me, but since it is not that my will may, his Will be done; and I shall most willingly drink of this Cup as deep as he pleases, and enter into this Sea, ay, and pass through it, in the Way that he shall be pleased to lead me.
And yet (good People) it would be remembred, that when the Servants of God, old Israel, were in this boisterous Sea, and Aaron with them, the Ægyptians which persecuted them, and did in a manner drive them into that Sea, were drowned in the same Waters, while they were in pursuit of them: I know my God whom I serve, is as able to deliver me from this Sea of Blood, as he was to deliver the three Children from the Furnace, Daniel 3.
And I most humbly thank my Saviour for it, my Resolution is now as theirs was them; Their Resolution was, They would not worship the Image which the KING had set up; nor shall I the Imaginations which the PEOPLE are setting up, nor will I forsake the Temple, and the Truth of GOD, to follow the Bleating of Jeroboam's Calves in Dan and in Bethel.
And I pray God bless all this People, and open their Eyes, that they may see the right Way; for if it fall out that the Blind lead the Blind, doubtless they will both fall into the Ditch: For my self, I am (and I acknowledge it in all Humility) a most grievous Sinner many Ways, by Thought, Word and Deed, and therefore I cannot doubt but that God hath Mercy in store for me a poor penitent, as well as for other Sinners. I have, upon this sad Occasion, ransack'd every corner of my Heart, and that I thank God, I have not found any of my Sins that are there, any Sins now deserving Death by any known Law of this Kingdom; and yet thereby I charge nothing upon my Judges (I humbly beseech you I may rightly be understood, I charge nothing in the least degree upon my Judges) for they are to proceed by Proof, by valuable Witnesses, and in that way I or any Innocent in the World may justly be condemned: And I thank God, though the Weight of the Sentence lye very heavy upon me, yet I am as quiet within, as (I thank Christ for it) I ever was in my Life: and though I am not only the first Archbishop but the first Man that ever died in this Way, yet some of my Predecessors have gone this Way, though not by this Means; for Elsugus was hurried away and lost his Head by the Danes; and Simon Sudbury in the Fury of War Tyler and his Fellows: And long before these, Saint John Baptist had his Head danced off by a lewd Woman; and Saint Cyprian, Archbishop of Carthage, submitted his Head to a persecuting Sword. Many Examples great and good, and they teach me Patience, for I hope my Cause in Heaven will look of another Dye than the Colour that is put upon it here upon Earth; and some Comfort it is to me, not only that I go the Way of these great Men in their several Generations, but also that my Charge (if I may not be partial) looks some what like that against Saint Paul in the 25. of the Acts, for he was accused for the Law and the Temple, that is the Law and Religion; and like that of Saint Stephen in the Sixth of the Acts, for breaking the Ordinances which Moses gave us, which Ordinances were Law and Religion: But you'll say, do I then compare my self with the Integrity of Saint Paul and Saint Stephen? No, God forbid, far be it from me; I only raise a Comfort to my self, that these great Saints and Servants of God were thus laid up in their several Times; and it is very memorable that Saint Paul, who was one of them, and a great one, that helped on the Accusation against Saint Stephen, fell afterwards into the selfsame Accusation himself, yet both of them great Saints and Servants of God; ay, but perhaps a great Clamour there is, that I would have brought in Popery, I shall answer that more fully by and by, in the mean time, you know what the Pharisees said against Christ himself, in the 11th of John, If we let him alone, all men will believe on him, Et venient Romani, and the Romans will come and take away both our Place and Nation. Here was a causeless Cry against Christ that the Romans would come, and see how just the Judgment of God was, they crucified Christ for fear left the Romans should come, and his Death was that that brought in the Romans upon them, God punishing them with that which they most feared: and I pray God this Clamour of venient Romani, (of which I have given to my knowledge no just Cause) help not to bring him in; for the Pope never had such a Harvest in England since the Reformation, as he hath now upon the Sects and Divisions that are amongst us; in the mean time, by Honour and Dishonour, by good Report and evil Report, as a deceiver and yet true, am I now passing out of this World.
Some Particulars also I think not amiss to speak of: and first this I shall be bold to speak of the King, our gracious Sovereign; He hath been much traduced by some for labouring to bring in Popery, but upon my Conscience (of which I am now going to give God a present Account) I know him to be as free from this Charge, I think as any Man living, and I hold him to be as found a Protestant, according to the Religion by Law established as any Man in this Kingdom, and that he will venture his Life as far and as freely for it; and I think I do or should know both his Affection to Religion, and his Grounds upon which that Affection is built, as fully as any man in England.
The 2d Particular is concerning this great and populous City, which God bless; here hath been of late a fashion taken up to gather hands, and then go to the honourable and great Court of the Kingdom, the Parliament, and clamour for Justice, as if that great and wise Court (before whom the Causes come which are unknown to the many) could not, or would not do Justice, but at their call and appointment; a way which may endanger many an innocent Man, & pluck innocent blood upon their own heads, and perhaps upon this City also, which God forbid: And this hath been lately practis'd against my self, God forgive the setters of this, with all my heart I beg it, but many well-meaning People are caught by it. In St. Stephen's case, when nothing else would serve, they stirred up the People against him, Acts 6. and Herod went just the self-same way, for when he had kill'd St. James, he would not venture upon St. Peter too, till he saw how the People took it, and were pleased with it in the 12 of the Acts. But take heed of having your Hands full of Blood, in the first of Isaiah; for there is a time best known to himself, when God among other sins makes inqusition for Blood; and when Inquisition is on foot, the Psalmist tells us Psalm 9. that God remembers, that is not all, that Remember and forgets not (faith the Prophet) the complaint of the Poor; and he tells you what poor they are in the ninth verse, the poor whose blood is shed by such kind of means: Take heed of this, It is a fearful thing (at any time to fall into the Hands of the living God, in the 12 of Hebrews: but it is fearful indeed, and then especially when he is making his inquisition for blood, and therefore with my prayers to avert the Prophecy from the City, let me desire that this City would remember the Prophecy that is expressed, Jeremiah 26. 15.
The third Particular it this poor Church of England, that hath flourished and been a Shelter to other neighbouring Churches, when storms have driven upon them; but also, now it is in a storm itself, and God knows whether or how it shall get out; and which is worse than a storm from without, it is become like an Oak clest to shivers with wedges made out of its own body, and that in every clest prophaneness and irreligion is creeping in space, while as Prosper faith, Men that introduce prophaness are cloaked with a name of imaginary religion: for we have in a manner almost lost the the substance; and dwell much, nay too much a great deal in Opinion; and that Church which all the Jesuits machination in these parts of Christendom could not ruin, is now fallen into a great deal of danger by her own.
The last Particular (for I am not willing to be tedious, I shall hasten to go out of this miserable World) is myself, and I beseech you, as many as are within hearing, observe me, I was born and baptized in the bosom of the Church of England as it stands yet established by Law, in that Profession I have ever since lived, and in that Profession of the Protestant Religion here established I come now to die; this is no time to dissemble with God, least of all in matter of Religion, and therefore I desire it may be remembered; I have always lived in the Protestant Religion established in England, and in that I come now to die. What Clamours and Standers I have endured for labouring to keepan Uniformity in the external service of God according to the Doctrine and Discipline of this Church all Men knows, and I have abundantly felt: Now at last I am accused of high Treason in Parliament, a crime which my soul ever abhorred; this Treason was charged upon me to consist of two Parts; and endeavour to subvert the Law of the Realm, and a like endeavour to overthrow the true Protestant Religion established by those Laws. Besides my Answers which I gave to the several charges, I protested my Innocency in both Houses; it was said, a Prisoner's Protestations at the Bar must not be taken de se ipso; I can bring no witness of my Heart, and the Intentions thereof, therefore I must come to my Protestation not at the Bar, but to my Protestion at this hour and instant of my Death, in which (as I said before) I hope all Men will be such charitable Christians as not to think I would die and dissemble my Religion, I do therefore here, with that caution that I delivered before, without all prejudice in the World to my Judges, that are to proceed Secundum allegata & probata, and so to be understood, I die in the presence of Almighty God and all his holy and blessed Angels, and I take it now on my Death, That I never endeavoured the subversion of the Laws of the Realm, nor never any change of the Protestant Religion into Popish Superstition: and I desire you all to remember this Protest of mine, for my Innocency in these and from all manner of Treasons whatsoever.
I have been accused like wise as an Enemy to Parliaments, no, God forbid, I understood them, and the Benefits that come by them, a great deal too well to be so, but I did indeed dislike some Mis-government (as I conceived) of some few one or two Parliaments; and I did conceive humbly that I might have Reason for it, for corruptio optimi est pessima: There is no Corruption in the World so bad as that which is of the best thing in itself, for the better the thing is in Nature, the worse it is corrupted; and this being the highest and greatest Court, over which no other can have any Jurisdiction in the Kingdom, if by any way a Mis-government (which God forbid) should any ways fall upon it the subjects of this Kingdom are left without all manner of Remedy, and therefore God preserve them, and bless them and direct them, that there may be no mis-conceit, much less mis-government amongst them. I will not enlarge myself any further, I have done, I forgive all the World, all and every of those bitter Enemies, or others what soever they have been, which have any ways prosecuted me in this kind, and I humbly desire to be forgiven first of God, and then of every Man, whether I have offended him or no, if he do but conceive that I have; Lord, do thou forgive me and I beg forgiveness of him; and so heartily desire you to join with me in Prayer.
'O Eternal God and merciful Father, look down upon me in Mercy, in the riches and fulness of all thy Mercies look upon me, but not till thou hast nailed my Sins to the Cross of Christ; look upon me, but not till thou hast bathed me in the blood of Christ, not till I have hid myself in the Wounds of Christ, that so the Punishment that is due to my Sins may pass away and go over me; and since thou art pleased to try me to the utmost, I humbly beseech thee give me now in this great Instant full Patience, proportionable Comfort, a Heart ready to die for thine Honour and the King's Happiness, and this Church's Preservation; my Zeal to these (far from Arogancy be it spoken) is all the Sin (humane frailty expected, and all incidents thereunto) which is yet known of me in this Particular for which I now come to suffer, I say in this particular of Treason; but otherwise my Sins are many and great, Lord pardon them all, and those especially whatsoever they be which have drawn down this present Judgement upon me, and when thou hast given me strength to bear it, then do with me as seemeth best in thine own Eyes; and carry me through Death, that I may look upon it in what Visage soever it shall appear to me, and that there may be a stop of this issue of blood in this more than miserable Kingdom. I shall desire that I may pray for the People too, as well as for my self: O Lord I beseech thee give grace of Repentance to all People that have a thirst for blood, but if they will not repent, then scatter their devices so, and such as are or shall be contrary to the Glory of thy great Name, the truth and sincerity of religion, the Establishment of the King, and his Posterity after him, in their just Right and Priviledges, the Honour and Conservation of Parliaments in their ancient and just Power, the Preservation of this poor Church in her Truth, Peace and Patrimony, and the settlement of this distracted and distressed People under their ancient laws and in their Native Liberties, and when thou hast done all this in meer Mercy for them, O Lord fill their Hearts with thankfulness, and with religious dutiful Obedience to thee and thy Commandments all their Days: So Amen Lord Jesus; and I beseech thee to receive my Soul to Mercy. Our Father which art in heaven, Hallowed be thy Name. Thy Kingdom come. Thy will be done in Earth as it is in Heaven. Give us this day our daily bread. And forgive us our Trespasses, as we forgive them that trespass against us. And lead us not into Temptation: but deliver us from evil, Amen.
When he had finished his Prayer, he gave his Paper to Doctor Sterne, saying, Doctor, I give you this, that you may shew it to your fellow Chaplains, that they may see how I am gone out of the World, and God's Blessing and his Mercy be upon them.
Then turning to Master Hinde (who took his Words in Characters) he said, Friend, I beseech you here me, I cannot say I have spoken every Word as it is in my Paper, but I have gone very near it, to help my Memory as well as I could, but I beseech you, let me have no wrong done me.
Cant. I thank you, I did not speak with any jealousie, as if you would do so, but I speak it only as a poor Man going out of the World, it is not possible for me to keep to the Words in my Paper, and a phrase may do me wrong.
'Lord, I am coming as fast as I can, I know I must pass through the shadow of Death before I can come to see thee, but it is but umbra mortis, a meer shadow of Death, a little darkness upon Nature, but thou by thy Merits and Passion, hast broke through the Jaws of Death; so, Lord, receive my Soul, and have mercy upon me, and bless this Kingdom with Peace and Plenty, and with brotherly love and charity, that there may not be this effusion of Christian Blood amongst them, for Jesus Christ's sake, if it be thy will.
The same day that the House of Lords pass'd this Ordinance of Attainder against the Archbishop of Canterbury, they likewise pass'd an Ordinance, That the Book of COMMON PRAYER should be laid aside, and for establishing the DIRECTORY for publick Worship; which had been framed by the Assembly of Divines, and sent in part to the Parliament, where the same had been debated and confirmed with such small variations as they thought necessary. Which Ordinance was as follows:
'The Lords and Commons assembled in Parliament, taking into serious Consideration the manifold Inconveniences that have arisen by the Book of Common Prayer in this Kingdom, and resolving, according to their Covenant, to reform Religion according to the Word of God, and the example of the best Reformed Churches, have Consulted with the Reverend, Pious and Learned Divines, call'd together for that purpose, and do judge it necessary that the said Book of Common Prayer be Abolished, and the Directory for the publick Worship of God, herein aftermentioned, be established and observed in all the Churches within this Kingdom, Be it therefore ordained, by the Lords and Commons assembled in Parliament, that the Statute of the second and third Years of King Edward the 6th. intituled, the Penalty for not using Uniformity of Service and Administration of Sacraments, &c. and the Statute of the fifth and sixth Years of the same King, intituled, Uniformity of Prayer and Administration of Sacraments shall be used in the Church. And so much of the Statute of the first Year of Queen Eliz. Intituled, There shall be Uniformity of Prayer and Administration of Sacraments, as concerns the said Book of Common Prayer, and the Uniformity of Prayer and Administration of the Sacraments. An so much of the Statute of the fifth Year of the same Queen, Intituled, By whose Order the Bible, and Book of Common Prayer, shall be Translated into the Welsh Tongue, as concerns the Book of Common Prayer. And so much of the Statute of the eight Year of the same Queen, Intituled, [All Acts made by any Person since primo Eliz. for the Consecrating, Investing, &c. of any Archbishop or Bishop, shall be good as concerns the said Book, be and stand from henceforth repealed, void and of none effect, to all intents, constructions, and purposes whatever. And that the said Book of Common Prayer shall not remain, or be from henceforth used in any Church, Chappel, or place of publick Worship, within the Kingdom of England, or Dominion of Wales. And that the Directory for publick Worship herein set forth, shall be henceforth used, pursued, and observed, according to the true intent and meaning of this Ordinance, in all Exercises of the publick Worship of God, in every Congregation, Church, Chappel, and place of publick Worship, within this Kingdom of England, and Dominion of Wales which Directory, for the publik Worship of God, with the Preface thereof, followeth. And it is farther Ordained, by the Authority aforesaid, That there shall be provided, at the Charge of every Parish, or Chappelry, in this Realm of England and Dominion of Wales, a fair Register Book of Vellom to be kept by the Minister, and other Officers of the Church; and that the Names of all Children Baptized, and of their Parents, and of the time of their Birth and Baptizing, shall be written and set down by the Minister therein; and also the Names of all Persons Married there, and the time of their Marriage; and also the Names of all Persons Buried in that Parish, and the time of their Death and Burial, and that the said Book shall be shewed by such as keep the same, to all Persons reasonably desiring to search for the Birth, Baptizing Marriage, or Burial of any Person therein Registred, and to take a Copy, or procure a Certificate thereof.