——n »i hi ■ >' ®;; t&". \ ■ THE CIVIL WARRES « • . v * ft v. (?o S /Ici^vf-iVtcL f-?i uh^dvS' j» _/"H U. Great BRITAIN AND IRELAND II ■ I Containing an-Exadt S T O R.Y OF THEIR , Original!', > and Happy End; 2>y an Impartial1 Ten, £T{v> To fin D o tJJ LONDON, Printed by R. W.for Pbihp Chetwiud > and are to be (old by Bookfellcrs, i 6 6 i. 7 1 TO THE MOST NOBLE, CHARLES DUKE of %ICHMOj^T> and LENOX EARLE of MARCH and LORD Darneley, D'Aubighy, Tar bo I ton, Crnxton, and MetlS ven ■, BARON of I,eight on, Bromef- ' wold, Setterin^ton, and Newbury, See. LORD HIGH-ADMIRAL and CHAMBERLAIN S C O T L°ù May it plcafe your Grace, Iftories in all Ages have been thought worthy the Prote£lion ojf t&e /# r I r Ii ' The Epiflle Dedicatory. Kings ancl Countrey's Service, might be eternally founded with Praites 7« the mouths of all good Men , thefe TrzyiF aftions may be libgwife thought fit fo fre tranfmjtted to fu¬ ture times. And indeed, my Lord, next to Majefty it fclf I finew not a Perfon more concerned in the late Evils then Tour G K ACE j for in this deplorable Tragedy yon will finde your renowned Father, and two of your no lefs wor¬ thy SJncles, to have willingly and magnanimoufly facri- ficed their Lives in the Service of their King, in the Field of War, and Bed of Honour } and your other ZJncle and Ante-predeceffor , that famous Duke of Richmond and Lenox, &c. tranfported out of the World by a Pious and Loyal Grief for his Sovereigns Sufferings : Nor has Your Grace, the onely Perfon now left alive to be Inheritour to that Family, been backward to demonftrate (beyond your Age) the reaclinefs of your Will to jerve your Prince (as if Loyalty were a thing inherent to your Blood) fo that no paft Ages whatfoever can bring an example of any Family, who with fuch a eonftant and invincible Fidelity,have J er- vedtheir King and Countrey \ that of the Houfe of Somcr- fet, of whom Jo many lofi their Lives on the part of the Lan- caftrian Family, whoje Quarrel they firfl took up, and re¬ mained confìant ///.maintaining to their ends, coming as far inferiourft? the Service^performed by thofe of your Blood in thefe late Wars, as thoje of the Noble Family in Flanders, 'fpckgn of by Philip de Comincs (who fo freely ventured their Lives for their Countrey) did to the Somerfet's. To You therefore, my Lord, I humbly prefume to prefentthis HiRory, hoping, (that though in it Jeff it may not be thought worthy your view, yet that) Your Lordfhip will be plea* fed to accept it with the fame Goodnefs which Crowns all your Anions } and then I am allured that both it will have a happy Reception, and Your Lordßjip will pardon the humble Devotion of Your Graces moil Humble and moR Faith* full Servant and Vaflall, J.D. The T Majefty our Sovc bccaulc any ihcuJ times, J had at all (though with dan \haò rckiìid h Forfamnotig letting down thin Perlons or Caule an, Netpiid fjlfe neither fear, nor favour of any tl firft refolution, Hiftorv, that 11 or to the left. If any thing pen, it hath 1 Church fo mm men, that iwpc poflible not t Me were cat moft Excelle Sacred Churt not rftori .7m / The Preface. NT . ■) ! ~ i He enfuing Hiftory of the Civill Wars of Great Britain and Ireland, was begun to be writ, and a good progrefs made in it, before it was either believed, or indeed imagined , that their happy end was fo nigh, by the reftoration of His Sacred Majefty our Sovereign Lord the King : yet this I fay not becauic any fhould-belicve, that though written in thofe times, I had at all followed the humour of the times, but (though with danger as it might have hapned) purfued that impartiality which before my Pen was fetto paper, I had refolved to write it with. For I am not ignorant that an unbyaffed refolutionof fetting down things as they really are, without refpeft to Perlons or Caul es, is the chiefeft ornament of an Hiftori- an, Ne quid falfe audeat, ne quid vere non audeat: That neither fear, nor opinion, firain his Pen in favour or dif- favour of any thing or perfon } and as this courfe was my firft refolution, fo I hope 'twill be found by reading the Hiftory, that I have not fwerved cither to the right hand or to the left. If any thing in prejudice of any party hath flipped my pen, it hath been , where I have found the King and Church fo much injured by fome ambitious felf-feeking men, that impoffibile erat Satyr am non fcriberc j itwasim- poflible not to write a Satyre : for thefe Wars in their Rife were carried on with fomuch Scandal to the Kings moft Excellent Majefty, with fo much Obloquy to the Sacred Church and Reverend Clergie, that though it be not juft to return them like for like, yet would it have A been in fome particulars been fomewhat Satyrical againftPar- - p. ,, liaments, I proteft ferioufly, that if any thing of that na- , carried, ' > ture has fain from my pen, it has been by my too heedlefs \Varre, au v following of fome other Authors : nor do I imagine any to inff°duJ;L , thing elfe could have led meto an ill reprefentation of Parliaments, I having always folemnly honoured, and do, and fomentc and fbll fhall honour that High Court, looking upon it as 0'eK'a ^, the Great Councel of the Kingdom } and that by which to diWff aflu its Peace and Glory is maintained and preferved. foarerheProuu For though it be apparant to all the world, that the be laid open tei t Long Parliament did firft begin the Warre againft the Caufe he Mlel King, yet it is as clear that it was not the Parliament in- . nothing could ! deed, that is, the whole Body of that Grand Council, but . as it then ftooc onely fome particular Faßious perföns, who by an ill the greateft Buh Influence over moft part of the Houfe of Commons, and though it mi did draw them to a Confent of furthering the Kings, abolilh it was ji theirpwn, and the Nations Ruine : and as I believe that ccuUtWA the Defign carried on by thofe particular perfons was a Jothhfurf thing of no fmall premeditation ; fo I am likewife of M luedeil witi opinion, that many who confented to their Councels, I ^ Q[ £ were either fuch as through Fear or Ignorance were drawn * mn J ^ ^ in \ or on the other fide, perfons who acied under a clear conviäion of Confcience, deluded by their large and fpecious Pretences. For as in all Affairs of the liife nature, Religion has been made the Foundation of taking *Armes, fo in this The Treface. \ ji 3Uu 1 been a great deal of Injuftice not to have reprefented l1L: 'yj/Jj tliem as they were. the"' W c tO'1 And becaufe it hath been obje&ed by fome,that I have ot ^ M Mofrcfrrain truckling undc Difcontents he King had refol which the Scots UCVA4 ijiuuv tiic x vuhvauhv/i i V/x epjviiig -y io ill yiuo i there wanted not thofe fi inim,"telofles and Colours, as ^pooi. ducirigot the they made the might have ftartled a well-ieft; 1 dgement, and daz¬ zled the eyes of good and quack aerfiandings 5 where- , by many might out of a real Zeal t he pretended Good- e llltar>u nefs and Righteoufnels of the Caufe, be led to fuch inbMo im things, as had they appeared in their proper and genuine v,crt rat^r 11 fhape, would have feemed terrible , an been abhorred k the men by them ; which fufficiently appears b) heir deferting, 10 i°ment th or at leafi: difowning the proceedings of c reft, when "Ninons in they had (as we know who upon anotlr. acount laid) ''vide & brought brought their Bufinefs to the uppermoft Round of the Ladder, and difcovered their true intents and meaning i • fn-bera, Divide and Reign: and inch was A 2 then V * The Preface. then the Genius of the People, that they feem'd as 'twere willing to entertain a change. Thefe Artifices in the end fet both Nations on fire, to the almoft utter Ruine of them, as the Hiftory it felf will befi declare. And to make the Miferies which attended thefe King¬ doms full and compleat, at the fame time that the Scots (having by their Rebellious Raifing Arms gained whatever they could defire, either for Settlement of Church or State after their own Mode) were returned home with a feeming content; the Iri/h Catholiques thinking, that having fo good a Precedent, they might obtain Priviledges of the fame nature, both in refpeft to their Religion and the Government of that Kingdom, put themfelves likewife into Arms ; but in a more vio¬ lent manner then the Scots had done : for thefe were not onely content to Rebel, but dyed their Rebellion with the Blood of fuch Englißy Proteftants as cohabited with them. This is in fumme the Argument of the firfl: part of the enfuing Hiftory of the Civill Wars of Great Britain and Ireland, wherein there hapned fuch ftrange Tranfadions and Revolutions, as fcarce pa/I Ages can parallel, nor future will believe : For to omit the feveral paffages of the War (efpecially in England, where more Battels were fought in four Years, then there had been in five times that fpace of time in the Wars of Germany) let us pafs to the Eftefts j and certainly to confider that the whole Frame of a Government both in Church and State of fo long Durance, and eftablifhed by the moft exa& Rules of Prudence and Policy, Should fo fuddenly be over¬ thrown j a King (the Lords Anointed) murthered by a Crew of the moft Inferiour of his Subje&sthe whole Government of the Church (a Church envied by our very Enemies for its Splendor and Purity) trodden under foot j the Legislative Power over thefe Nations taken into their hands who had murthered their Sovereign , and by them like a Tennis-ball tofled from one to another, muft needs caufe wonder, if not beget an unbelief. But that which this Hifiorymay be ufefull for, is to let be Preface. let future Generations fee, how whilft this Nation en¬ deavoured by a Civil War to remedy pretended Evils, they run themlelves into real Mifchiefs: Their taking up Anns againft their lawful King , fubje&ed them to the lawlefs Tyranny of an Uiurper; nay, fometimes of many Ufurpers : Thofe whofe fickle Heads hankred af¬ ter a Change, were wearied with fuch Changes as both drained their purfes, and made them in fuch a condition, that having once caft off their Obedience to their King, they knew not now whom to Obey: But whilfi: they were forming their Obedience to one fort of pretended Government, ftraight another fìarted up ; fo that they were like people led up and down by a Jac1 the Lant- horn, or Will, oth' Wifp ; now this way, now that, o're hedge and ditch, but they knew not whither. Thus in fear of adifeafe (inftead of remedy) had they taken fo violent a Purge, as in the end proved their poifon, and wrought fo ftrongly upon them , that (not being fenfible before they could not remedy it) they were brought over to the door of Death, to the jawes and brink of Deftru&ion and Ruine ; which they had afluredly fell into, had not God by his immediate hand helped them out. And as he was plealed, that the ori¬ ginal of our Miferies fhould come out f Scotland, fo fetch cur Deliverance from thence, unc^r the Conduft of the thrice Illuftrious Duke of Alben farle. Thus were thofe Wars which had fo long harrafed thefe Kingdoms, banifhed our lawful Prince, depreft the Nobles, oppreft the Commonalty, and made us the fub- jè& of laughter to our Enemies and pitty to our Friends, by the blefling of God ended ; may never luch more afflift thefe Kingdoms: But fince our King is refiored, fince we have now a Center to fix our Allegiance, let us fettle it there to eternity. I fhall not trouble the Reader with the Reafons of my undertaking to write this Hiftory ; what Icilure, want of other employment, gave me, befides the delight which I had in converfing with the Records oi our late Varia- tions; were the chief Motives which induced me to do j •- The T re face. it. I have in it neither omitted nor committed any thing wilfully ; nor do I think that want of care hath made me run into many Errors, though I know it almoft impoffi- ble to be free from fome. Where any are found, I fhali heartily return thanks to thofe who will inform me, and exprefs it by a new care to amend them : For I am nei¬ ther of that felf-conceited temper as to think my own Judgement in all things the beft , nor fo obftinate, but I fhall willingly entertain any, which by convi£iions of Reafon , or by the experience of Perfons, may appear better. All that I defire is, that if I chance to be thought worthy any mans Cenfure, he will do it mildely , as to one who will be ready to receive his advice, and not biting nor Satyrically : thofe onely deferving fuch a courfe, who having wilfully committed Errors, will like- wife obftinately maintain them. ßs T t The Contents of the Chapters contained in this enfuing Hiftory. * The Proem. Containing the long continued Peace which England had. enjoyed, and the firangenefs of her firjl breaking out into Civil War. Fol. i CHAP. I. King James his Death : A fbort Review of the Begin¬ ning of King Charles his Reign. 3 CHAP. II. The Scots the firfl that blow the Spar by of Sedition, the reafonof their Difcontents. ' 4 CH A P. ÌII. The FaStion in England correjpond with the Scots, en¬ couraged by them. 5 CHAP. IV. Of Ship-Money, the occafion of Levying it, its Lawful- . ttefs, and the life made of it to incenfe the People. 6 CHAP, V. Both England and Scotland filled with Seditious Pam¬ phlets } the Lord Belmerino arraigned in Scotland, and Prinn, Baftwick WBurton, cenfured in England. 8 C H A P. V I. The Leiturgie fent into Scotland, the Scottiflj Tumults a- boiii it} it is recalled, yet they put themfelves in Arms. ibid. CHAP. VIL The King prepares an Army, declares his Reafons i the Scots anfwer thereto. 10 CHAP. VIII. The large Contribution of the Englifh Clergie, Nobility, ' and Gentry, toward this War Duke Hammilton fent with apart of the Fleet againft the Scots i his Treachery. ibid. rr A y • The Contents. CHAP. IX. The King advances Jo Barwick j Views the Scoth Army \ Treats with them) and concludes a Pacification. 11 CHAP. X. The feveral Cenfures upon the Pacification: Omens which happened at the Kings frft fetting out againfi the Scots. 13 CHAP. XI. How ill the Scots kgpt the Articles of Pacification. * 14 CHAP. XII. The §cots General Affembly and Parliament j their ASli- ons j the Parliament prorogued. ibid. CHAP. XIII. The Scotch Parliament protefi againfi their prorogation •, fend Deputies into England ; Loudon accufecl for penning a Letter from the Covenatitcrs to. the French King , and imprifoned. 15 CHAP. XIV. The Lord Went worth Lieutenant ö/Ireland called home^ and created Earl of Strafford ; a Parliament in England and Ireland refolved on, and a War with Scotland. 17 CHAP. XV. StrafFords return from Ireland ; the Parliament of Eng¬ lands proceedings and diffolution \ the Convocation fits ft ill. 18 7 CHAP. XVL the King advifes with a JunSlo of his Councel about the War with Scotland. 20 CHAP. XVII. The Duhg o/Glocefter bom $ the Scots Army acbance j the King marches towards, and proclaims them Tray tors the Lord Conway's Defeat at Newburn } Hadington blown up at Dunglafs. 21 CHAP. XVIII. The Scotch Petition, Anfwer, and Demands j the Petition of the eleven Lords, and of the City of London) the Peers meet at York the Long Parliament refolved on. 2 2 * ' \>»\ i \ Jk. '.X ■* , Ji Ji v..>, CHAP. The Contents. CHAP. XIX. The Treaty with the Scots Montrofs deferts the Cove¬ nanters. 24 CHAP. XX. What the Priviledges of Parliament were, and how they had their growth. 26' CHAP. XXI. The Parliament Convene, the Kings Speeches to them Debates about Grievances. 28 CHAP. XXII. The Impeachment of the Earl of Strafford j Money bor¬ rowed of the City, the Enlargement of Bißop Williams} Votes againfl Ship Money, and the Canons j the flight of Se¬ cretary Windebank, and the Lord Keeper Finch. 50 CHAP. XXIII. The Archbifhop of Canterbury impeached\ the Scotch Co¬ venanters Charge againfl hitji,and the Earl of Strafford. 3 2 CHAP. XXIV. The Scots Voted One hundred thou fand pounds'y Sir George RatcliffVs ImpeachmentDebates about a Trien¬ nial Parliament. -- - 34 CHAP. XXV. The Treaty at London with the Scots \ Overtures of a Match between the Princefs Mary and the Prince of O- range ; pretended plots y the Bill for the Triennial Parlia¬ ment pajfed. 35 CHAP. XXVI. Articles againfl the Archbifbop y feveral petitions againfl Hierarchy } Bifljops Voted out of all Temporalities. 37 CHAP. X2tVII. The Earl of Straftbrds Tryal. 38 CHAP. XXVIII. The Earl of Strafford condemned in the Commons Houfe by Bill of Attaindor y petitions againfl Papifls y the Bill of Attaindor read at Bar \ the Kings Speech about it. 43 CHAP. XXIX. The Marriage of the Princefs Mary 5 the Tumult of the Londoners ; the Commons Proteflation \ a Bill propounded for continuation of this Parliament ythe Lords pafs the Bill of B Attaindor. Hp jäte. ♦ The Contents. Attaindor. 1 44 CHAP. XXX. The King perplexed what Anfwers to return the two Bills'; he pajfed them j the Earle of Straffords death. 45 CHAP. XXXI. Several Officers of State furrender their places 5 the Eng- lift) Army clijcontented j the Bills for Pole-Money, andaho- liftjing the High Commiffion and Star-Chamber. 48 CHAP. XXXII. The Judges quefiioncd about Ship-Money the Kings Journey to Scotland j Diforders thereupon. 5 1 CHAP. XXXIII. The breaking forth of the Irijb Rebellion. 5 2 CHAP. XXXIV. The Lords Jufiices of Ireland prepare for defence , their letters to the King and Parliament in England ; the general defe&ion of lllfter j the Rebels Declaration. 5 3 CHAP. XXXV. The Parliaments proceedings about tloe Irifh Rebellion ; the Rebels proceedings there. 56 CHAP. XXXVI. 7 he King magnificently Feafied by the City of London at his return from Scotland } the Parliaments Petition and Remonfirance. ^ p CHAP. XXXVII. Kimbolton and the five Members quefiioned*, Biß ops accufed of High Treajon ; the King goes to Hampton- Court 0 Petitions for the Militia; the Queen and Princefs Mary go to Holland. 62 CHAP. X XXVIII. The Parliaments Demands ofj and the Kings fever all Anfwers touching the Militia, . . 66 CHAP. XXXIX. The Kings repulfe at Hull } the Parliament in a pofiure of War j their Declaration. 6p .CHAP. XL. P reparations for War on both fides. 71 CHAP. XL I. The Parliament Vote an Army ; their Petition to the King The Contents. King at Beverley j the Earls of Stamford and Eflex pro¬ claimed Traytors. 73 CHAP. XLII. The King fets up his Standard of Nottingham : his Meffages thence to the Parliament. 75 CHAP. XL II I. , 1 he two Armies take the Field y fame Military effeSls on both fidès i Edgehill Fighf and Brenford. 77 CHAP. XLIV. The Northern Affairs under the Earle of Newcalfle /br the King., and the Lord Eegdiuando Fairfax for the Parlia¬ ment^ the Lord AubignyY death \ the City and Parlia¬ ments Petition y the Queen lands in England. 8 3 C H A P. X L V. The Lord Brook and Earle of Northamptons deaths ; Litchfield Clofe re-taken by Prince Rupert i ElleX takes; Redding. n ; . GHAP. XLVl. Cheapfide Crofs pulled down \ the King and Queen meet j the Solemn League and Covenant» Yeomans and Bourchicr hanged at Briftol, and Tomkins and Challoner at London. 88 CHAP. XLVII. A new Great Seal framed; the Regalia at Weftminfter fei^ed j Tarne Fight, the Revolt of the Hofhams. pi CHAP. XjLVIII. The Fights at Lands-Down and Round-away-Down ; Exeter delivered to Prince Maurice, and Briftol to Prince Rupert. p3 CHAP. X LI X. The Siege of GloceRer. p^ CHAP. L. A fJjort account of the Affairs in Ireland y Ceffation of Arms there ; fome Englijh forces come over from thence. Waller defeated at Cropedy Bridge. 115 CHAP. L V111. The King purfues Effex into Cornwal, and defeats him utterly at Leiftethiel. 117 CHAP. LIX. The Battel of Marfton-Moor. York furrenclred to the Parliament. 121 CHAP. L X; The Siege ö^Denington Caftle by the Parliaments For¬ ces } the Earle of Northampton raifes Banbury Siege, and defeats the Beftegers. 123 CHAP. LXI. Maffey defeatsCollonellsAyn } his ViHory at Aft-Ferry ; Monmouth betrayed to him. 125 CHAP. LXI I. The Siege of Bazing-Houfe. 127 CHAP. LXI 11. The fecond Newbury Fight. 129 GHAP. LXIV. Effex fummons and affaults Denington Caftle, but in vain •, he quits Newbury, which the King pojfeffesj the Parliaments refolntions to new Model their Army ; New- caftle taken. 131 CHAP. The Contents. G H A P. Lxv. The Treaty at Uxbridgc. CHAP. LXVI. The two principal Irifh Rebels Mac-Mahon , and the Lord Macquire executed \ the Tryal and Death of the Ho- chams j and the lamentable death of the Archbifiop of Canterbury. J; CHAP. LXVII. The ASiions o^Montrofe in Scotland. 145 CHAP. L XVII I. Effex, Denbigh, and Manchefter furrender their Com- miffions \ fome affairs of both Armies under the new Models-, Collonel Windebank fbot to death. 151 CHAP. LXIX. The King takes Leicefter j the fatal Battel at Naieby. 154 CHAP. LXX. Taunton relieved} the Infurre&ion of the Club-men j Bridgewater, Bath, and Scarborough furrendrecl to the Parliaments Forces. 157 CHAP. LX XI. The Scots befiege Hereford, they are difcontented ; Bau- ton-Heath Fight } Briftol fiirrcndred by Prince Rupert feveral Garrijons taken by Cromwell, and other Snccejfes of the Parliaments Forces. 160 CHAP. LXX 11. Several Meßages and Overtures of the Kings for peace. 16 j. CHAP. LXXIIl/ Weftchefìer, Dartmouth, 8cc.Jurrendredto the Parlia¬ ment j Hopton defeated at Torrington, and disbands upon Conditions. .. 176 CHAP. LXX IV. This years Succeffes of the Marquefs of Montrofe in Scotland. 178 CHAP. LXXIV. Lord Aftley defeated j Exeter and other Garrifons fur- rendred j the King flies to the Scots his whole Power in England fubdued. 186 CHAP. LXXV. Treaty with the Scots for delivery of the Kings perfon to the The Contents. the Parliament; they fell him for 20Ò000 1. 190 CHAP. LX X VI. A relation of the Affairs; in Ireland^ fi nee the Ceffation, 1643. 195 CHAP. LXXVII. Montrofe his ABions in the Tear 164.6. 198 CHAP. LXXVIII. Difcontents and ^Mutinies in the Army j Difference be¬ tween themyhe City and the Parliament} they feiz,e the King perfon. .11) VI 1 .'i A H 3 -°2 . CHAP. LXXIX. / Propofitions fent to the King j the beginning of the Agi¬ tators \ the King efcapes to the Ifle of Wight; j the firfi Treaty there; Votes of No,nx Acldrefs.. y 2 08 CHAP. LXXX. Vifitation of Oxford ZJniverfity f, InfurreSlion in Lon¬ don } Poyer and Laughorn revolt in Wales, they are rout¬ ed and taken prif oners. jy. 221 CHAP. LXXXI. The Rifing of Kent "5- and the Siege of Colchefter j the Kifing in Surrey j and the efcape of the Duke of York. 22cJ C H A P. LXXXI I. The Scotißj Invafion under Duke Hamilton j C^omwel enters Scotland. "it' 230 G H A P. LXXXI H. The Form of Presbyterian Church-Government, &c. 235 CHAP. LXXXIV. The Treaty of Newport i the Kings Conceffions voted fatisfaBory j the Houfe of Commons purged. 251 CHAP. LXXXV. The King brought to Wind for j Ordinance of Parlia¬ ment for his Tryal j Sentence of Death pronounced againft him Joy the pretended High Court of JufiiceJjis Murder.26 j CHAP. LX XXVI. A Proclamation forbidding the proclaiming of any Kin % j the Commons turn out the Lords j their Proteflation } the Conncel of State eßablifbecl. 283 _ CHAP. L X X X V11. The 1 ryals of Dufe Hamilton, the Earle of Holland, the The Contents. I the Lords, Capcl and Goring, and Sir John Owen the three firft executed. 288 CHAP. LXXXVIII. The Scots diffentbandproteft againft all -proceedings againfi the King, they proclaim King Charles the Second, and fend Commiffioners to invite him over. 285 CHAP. JLXXXIX. dels for eflabhjhing England a Free Commonwealth, and for abolißjing Kingßjip and the Houfe of Lords. 289 CHAP. X C. Affairs 0^Ireland j Cromwel Jent over thither. 293 CHAP. X CI. The Scots proportions to the King } his Anfwer j Com¬ miffioners appointed to Treat. 299 CHAP. XCII. Montrofc his Expedition into Scotland , his defeat and inhumane Mart her. 3 0 3 C H AP. XCIII. A Trealy at Breda between the King and the Scotch Com¬ miffioners '■) he arrives in Scotland. 3°^ CHAP. XCIV. Cromwell enters Scotland *, Dunbar fight. 312 CHAP. XCV. The King marches into England} his totall Defeat at Worcefter. 314 CHAP. XCVI. The miraculous efcape of King Charles the Second from the Fight of Worce/ler } the death of the Earl of Derby. 322 CHAP. XCVII. The fuccefs of Collonel Monk in Scotland i thelfles of Jerfey, Guernfey, Man, and Silly fallen; the Weflern Plan¬ tation reduced. 325 CHAP. XCVIII. The War between the States of England and Holland. 327 CHAP. XGIX. Cromwel diffolves the long Parliamentj takes upop him the Government of the Commonwealth. 332 CHAP. G. The continuation the Lord Belmerino Arraigned in Scotland, and Prinn, Bafhvick, and Burton Ccnjuredin England. A Nd befides thofe railing Pamphlets againft Ship Money here , the Scots grow very high in their Scandals there; they abufe the King with corrupt¬ ing and Suborning Votes in the laft Parliament • that he inclined to, and fa¬ voured the Papifts; that it clearly appeared he intended by degrees to bring in Popery, and to fubvert the Proteftant Religion : nor are they afraid to publifh the fame in Print, but this being fomewhat too high, the Lords of the Councel made ftrid fearch after the Authour ^ but he efcaping , the Lord Belmarino his Abettor was taken, and brought to Trial ; but at length by the too great cle¬ mency of the King pardoned, which more encouraged the difcontented party in Scotland to abufe his mercy. Sometime after which, in England, Mr. Burton a Divine, Baftwick.E>oAor of Phyfick, and Mr. Prinn Barretter of Lincolns-Inn, are for writing feveral feditious Pamphlets againft the Bifhops and the Kings Government, cenfured in the Star-Chamber, and the two Hrft Fined each of them five thoufand pounds to the King, condemned tolofe their Ears in the Pillory, and to be imprifoned ; thefirft in Lanceflon Caftle in Cornwall, and the other in Lancafler Caftle j Mr. Trinn having for the fame Offences been Cenfured in this Court formerly, fuffercd more then the other two; for befides the Fine of five thoufand pounds to the King, he was condemned to lofe the remainder of his Ears in the Pillory, to be Stigmatized on both Cheeks with an S for Schifmatick, and perpetual Imprifonmenc in (ftanarvan Caftle in Wales • toofmall punifti- mentsforfuchfadiousfpirits,whoarethe Catcrpillers of the State: yet thefe were the Saints, who in the beginning of the Long Parliament were by their pow¬ er Releafed, and brought with an Hofanna into London. CHAP. VI. The Leiturgy fcnt into Scotland , the Scottifij Tumults about it j it is recalled, yet they put themjelz>es in Armes. IT had alwayes been the care of King James, during his whole Reign, to endea¬ vour a Reformation of the Deformity of the Kirk of Scotland in their Divine Worfhip,and to bring it in fome meafure to quadrate with that of the Engüfh Church ; and fo far had he profecuted his good endeavours, that notwithftand- Bifhops in ing the perverfenefs of their natures, he effeded the Eftablifhment of Biftiops Seotlxn . amongft them, to the number of thirteen • three whereof received their Sandion from the Bifhops of England, and conferred it on their Brethren at A H;gh Com- their coming home: a High Commifiion Court was bkcwife ereded amongft million. then, t0 curf, ^ presbyrerian fpirits; and a Leiturgy likewife compofed for Articles of their ufe. And at a General AfTembly held at Perth in the year 1618. fiveAr- Penh. tides were agreed upon to be obferved in that Church- (to wie) Kneeling at the of (j re at Britain and Ireland. p the reception of the bleffed Sacrament, (which the Scots ufed before to receive fitting on their breeches) that in cafes of ncceility the holy Communion, and the Sacrament of Baptifm might be adminiftred in private houfes^ that Chil¬ dren might be confirmed by the Bifhops, according to the Primitive way • and that the Dayesof our blefTcd Saviours Birth, Pailion, Refurrettion, Afcen- fion,and thedefcent of the holy Spirit might be kept as Feftivals • all which were in King fames his dayes confirmed by Parliament. Nor was King Charles lefs defirous then his Father to work that uniformity, though he found ftron- ger oppofition in it then he imagined, which made the bufinefj go on but flowiy; yet was there a Leiturgy compofed by the Scotch Bifhops, and ap- A I-eituigy. proved of by the Englifh, read in many Churches of Scotland for fome years without regret, till in the year 1637. Proclamation being made for its pub¬ lique reading in all Churches of Scotland on Eafter Day, and afterwards re- fpited till Sunday the twenty third of July, that it might be the better coun¬ tenanced by the Lords then to fit in Scffion • on the Day appointed the Dean of St. (files in Edinburgh beginning to read it in the prefence of moft of the Prelates and Peers of that Nation, a Rabble of the meaner fort of both fexes (who had by the endeavours of the Presbyterian Minifters been brought into an odium of it before it came to be read) began a Tumult, (hooting tumult and clipping their hands, that none but themfelves could be heard, nor appeafed, when the Bifhop who was to preach got up in the Pulpit, and minded them of their irreverence in that facred place; but they took up whatever came next to the hand, throwing it at him almoft to his murther: nor did this Tumult ceafe with the day, for the people being now in- cenfed , were fee on more and more by the Presbyters, not onely to the taking away of the Leiturgy , but to the utter Extirpation of the Bifhops • for when the King by the treacherous advice , and under-hand dealing of Duke Hammilton , the Earles of Traquaire, and Roxbcurough, and other falfe fervants , had by his Proclamation repealed the Service- Book, yet thofe who had engaged the people againft it, engage them further, and draw them into a Solemn Nationall Covenant for the ut- National Co- ter Extirpation of Epifcopacy, (encouraged likewife by many of the Lords vcnanc. who hoped to fhare the Bilhops Lands) and of whatfoever elfe they could or would tearm Herefie or Superftition; nor would any thing granted by the King content them , but they will be their own carvers; and at a ge- * nerall Affembly called by themfelves at Glafcotv, proceed to the utter Gene"I Af- taking away of Epifcopall Power, by their own authority expelling out . of that Kingdom the Leiturgy, five Articles of Perth, See. which had been ii(hEnHLpa'* confirmed by A&s of Parliament-, and having gone thus far, they refolve cy. 1 to maintain what they had done : The Falfe hopes which Hammi/ton the Commifiioner for the Kingdom of Scoland continually gave of a Pa¬ cification, having given them the ftart of the King, they proceed to the leavying of Souldiers, impofing of Taxes, feizing the Kings Forrs Scots Army, and Caftlesj and in fumrae, to make all fitting preparatios for a War. b C M A P; ofCjreat Britain and Ireland. n concerned in it; yet the truth was, that that was onely among many others a pre¬ tence, for the better vizarding of their Rebellion; which the Englifh Nobility and Gentry being fenfible of as well as the Clergy, were no lefle backward then they in contributing largely , and raifing what Forces they could for the Kings afiiltance •, fothatinafhorttimetheKing had raifed a very gallant Ar¬ my under the Command of the Earl of. Arundel as General, the Earl of Effex, KiVsArmy Lieutenant General of the Foot, and the Earl of Holland of theHorfe; and on under Earl of the twenty feventh of At arch, 1639. the King himfelf fets out towards Tork., the Arundel. appointed Rendezvous for his Army. Duke Hamilton, notwichanding thofe for¬ mer fufpicions had of him caufed by thofe delayes wherewith he kept the King from raifing arms, was fent before with a good part of the Royal Navy,with five thoufand Land Souldiers, and plenty of Corn and Ammunition for the Armies Supply, (with which force he might have utterly ruined the Covenanters) and with Commifiion to impead the Scots Traffick •, but being arrived there, hedid nothing but onely anchored with his Fleet in the Frith of Sdenburgh , keeping fecret correlpondence with the Rebels, and received a vifit from his Mother fo «*- ftrong a Covenanter, that the Scots would brag, that the Son of fuch a Mother fröm^bTs Mo- could not hurt them , till fuch time when the Treaty began between the King ther. and the Covenanters at Barrvick^, he repaired thither over Land , and by all means poffible endeavoured the patching up of that diflionourable Pacification which then after followed. CHAP. IX. The King Advances to Bar wick, Views the Scotch Army, 1 reals with them, aucl concludes a Pacißcation. THe King having Rehdezvouzed his Army at York, advànces forward , at¬ tended by a very gallant company of Nobles and Gentlemen, who with a great deal of courage and refolution proffered their Service in this Enterprize •, and on the twenty eighth day of May arrived at Barrvicl^, in view of the Scots — * Army, who were before advanced to the Borders; where notwithftanding the former forwardnefs of the Englifh Lords, their courage was now found vifibly to cool, which was imagined by the moft to proceed from the tamperingsof Roxbcurough and Traejuair, who met the King at York , where though Roxbou- Roxlourounb rough was fecured for keeping correfpondency with the Covenanters, and for ha- and Tmqudirc ving told fome Englifh Lords, that the ruine of this Scottifh Army would enable kcurcd. the King to command more in England then they would be willing to obey • and Traquaire was likewife fecured at Nerv-Cafile for fomething to that effeft, yet were they both foon after releafed and fent home, having before their departure, soon relcafe The Chill Wanes CHAP. XI. How ill the Scots kept the Articles of Pacification. THe Scots to make it appear to the world, that notwitftanding their large pretences for Religion and Liberty, they intended nothing but down¬ right Rebellion, notwitftanding the King had condefcended to thofe Articles of Pacification fo highly advantageous to them, yet either never intended , or at leaft foon fell from their intentions of keeping them; for no fooner had the King disbanded his Army, but the Scots openly proteft againftthc Pacification, in very fcandalous and diftionourable terms abufing both it and his Ma jetty ^ and not onely fo.but they publifh a feditious Paper,entituled, " Some conditions " of his Majefties Treaty with his Subje&s of Scotland, before the Englifti Nobili- " ty,are fet down here for remembrance. So falfe and fcandalous, that it was after by the Kings efpecial Proclamation, burnt by the hand of the common Hang¬ man: nor did they, notwithftanding their ferious promifes in their fubmiflion, break "the firft an<^ the firft Article of the Pacification, disband their Forces; for though fome Article of Pa- t0 colour the reft they difmifTed, yet feveral bodies were kept ftill in being, and cification. all their Officers in pay • the Fortification at Leith they continued ftill fortified And the fe- 3nd ingarrifoned by themfelves, contrary to the fccond and fixth Articles j nor And t^e fifth ^ a^ter ^ ^1116 l'm'tedwas expired, forbear to keep and continue their 1 e c ' former Tables of unlawful Councels and Meetings, deregatory to the Kings ho¬ nour, and contrary to Articles. Moreover enforcing the Subje&s to fubferibe to whatever was concluded on in their late Aflembly at Glafce&, though con- . . , trary to the Kings Proclamation • and fo far were they from reftoring thofe " c c °urt who had favoured the King to their Liberties, Lands, Houfes, Goods, and Eftates, which had violently been taken away from them by thefe Covenanters, that inftead thereof they branded them with the afperfionof Incendiaries and Traytors to God and their Countrey, enforcing them to pay Taxes above others for the payment of their Army. Infumme, fo unworthy were they to • him who had been fo gracious to them, that indeed not one Article of the Paci¬ fication which they kept, nor any ways or means, though never fo falfe or fcan- - —. dalous, did they let flip, whereby they might bring fo gracious a King into dif. grace or odium of the People. CHAP. XII. J he Scots Generali Afjembly and Parliament, their Achons, the Parliament Prorogued. J o THe time drawing nigh for the meeting of the general Aflembly , according to the Kings Declaration at the time of the conclufion of Pacification, they met on the fixth of but the King notwithftanding his promife in his Declaration tobeprefent in this Aflembly, yec obferving the ftubborn- The Generali nefsof the Scots, thought it better for him to go home , then to be thereto fee firm ^he^De" /dmfelf and his Royal Power affronted. This General Aflembly being fate, crees of the immediately proceed to confirming whatever had before been agreed upon by AiTcmbly of their General Aflembly at Glafcow, (viz.) the utter Extirpation of Epifcopacy, GUfcow. the abolifliing of the five Articles of Perth, the High Comraiflion, the Leiturgy, and of (jreat Britain and Ireland. 15 and Book of Canons, all which proceedings of theirs are approved of and confented to by the Kings Commillìoner; and all this they did in eighteen dayes, for they fate but till the twenty fourth of Auguft, on the lall of which The AITembly moneth the Parliament who were to have fate on the twentieth , according to c'ofed, and the the King« Deolaration, but were prorogued, convened - aud in regard the Gene- Parl^mentfu. ral Aflembly by the abolifhing of Epifcopacy had utterly taken away one of the three Eftates in the Kingdom, they were firft of all to feek how to chufe the Lords of the Articles, which in regard by Aft of the Generali Aflembly the Bifliops power was taken away, they could not legally do; for the Lords of the Articles ^aklcf thC were thus chofen. The King firft having nominated eight Bilhops j thofeeight rtlccs* Bifliops elefted eight Noblemen; and thofe eight Noblemen chufe fo many Barrons; thefe fo many Burgefles • and all of thele in number thirty two, with eight Officers of the Crown, made up a feieft Committee of forty, whofe bu- finefs it was to prepare things for the Parliament, and had been a Cuftome ufed in that Nation for near three hundred years, and were alwayes called Lords of Articles. But now this ancient Cuftome muft by reafon of the abolifhing of Bifliops be altered, and this Scottifh Parliament at their firft fitting make an Aft, that nothing done in that Parliament ihould be valid except it were fo; yet this was upon the motion of the Earlc of Traquaire, Commifiioner for the King, granted, that not to prejudice his Majefty in his Right, he ihould now have the Elefticm of eight Noblemen inftead of the eight Bifliops, which formerly he ufed to nominate; but that for the future every State fhould chufe their own Commiflioners. Thus at firft dafli they confound the firft eftate of that King¬ dom; viz,. The Bifliops, which all the Kings of Scotland had been fo zealous to prefcrve; and which they had in Parliament, and particularly in the eighth Par¬ liament of King fames the fixth, declared it high Treafon to impugn. Having done this, they proceed to the Aft of Oblivion; but inftead of that they urge, as of Jufti- tbat an Aft for Juftification of all their aftions might be recorded in Parliament; fication. which done, proceflion is made of high demands from them to the King ; That Other high the Coin, a Prerogative folely peculiar to the Crown, Ihould not be meddled Demands, withal but by advice of Parliament • that no Forreigner fhould have command of theirCaftles; no honour granted to any ftranger,but fuch as had a competent Eftate in Scotland, (contrary to what both the King and his Father by his graci¬ ous favour had granted to them in England) and that no Commifiioner of Jufticiary or Lieutenancy Ihould have power but for a limited time. They like- wile protcft againft the precedency of the Lords Treafurer and Privy Seal which Exorbitances the King having notice of, and perceiving that under a vail of Reformation of abufes they intended the cclipfe of his Royal Power, if not its utter abolition, and to model a new Government, thought it high time to flop fuch Antimonarchical proceedings, to whieh purpofe fpeedy order is in the The Scots Kings name given to the Earl of Traquaire to Prorogue their fitting untill the '1 fecondof Jane then next enfuing. prorogue CHAP. XIII. The Scotch Parliament protefl againß their Prorogation, fencl Deputies into England, Loudon accufed for penning a Letter from the Covenanters to the French King, and Tmprifoned. THe Earl of Traquaire according to his Duty acquaints the Parliament with the Kings Command for their Prorogation,whereupon they immediately proteft againft it, affirming it to be invalid, and of no force, and without Pre- i6 The Civill Wanes fident, that the Commiffioner (hould by a private Warrant prorogue the fitting of a Parliament ; Yet for the prefent they were refolved to make Remonftrante to his Majefty,and that fome of each eftate fhould remain ftill at Edenburgh to at- Dcpuùcs from tend his anfwer. They likewife fend the Earl of Dtsmferlin, and the Lord Lou- Scotland. ({0„i as their Deputies to the King in England; but they comming without war- Rcturn'dwith- ran't fronuhe Kings Commiffioners, were thefirft time returned without audj- out audience. ence after whjch they returned with two more, viz,. Sir William Douglas, and Mr. Robert Berkley of Dttrrcyn, thefe prefent the King with an humble Petition, cxprefling their hearty thanks with their humble defires, praying that they may be further heard in the prefence of the King himfelf; which being granted, XoWc«makesa Speech,declaring, ''That the Parliament of Scotland was in¬ dependent to any Court of Judicature, juftrfying the Tranfadions of the Af- " fembly and Parliament; That they were according to the Articles of Pacifica- " tion, and Laws, and Cuftoms of that Nation; and therefore they defire a Ra¬ tification of their Proceedings, and that the Parliament might go on to deter- " mine of all Bills for fettlement of Religion, Peace, &c. Having finifhed his Speech,their Commiffion is examined by the Councel, and found not at all obliga¬ tory to thofe that fent them; yet a Paper is produced, authorizing Dumferlin and London, which in regard by the reafon of their Parliaments not fitting , they could procure no other, was accepted; and after they had ftill hammered upon the forefaid requefts, their Treafons are fummed up to them , and a Letter pro¬ duced by the King, wherein they demanded aid of the French, and endeavoured to invade thefe Kingdoms with a Forreign Enemy. This Letter, though writ¬ ten by a fecret Jundo of theirs, and kept as privately as pofiibly could be, yet came, I know not how, to the Kings hands; began in French thus. Sire, Vcftre Alajefiie eflant l'Afile &Sanüuare des Princes & Efiates affligez,, &c. in Englilh fhTk^n'"of" £^US J "S'r, Your Ma jefty being the Refuge and Sanduary of afflided Princes France"^ ° " an^ States, we have found it neceffary to fend this Gentleman Mr. Colvil, to " reprefent to your Ma jefty the Candor and Ingenuity as well of our adions and " proceedings, as of our intentions, which we defire to be engraven and written •'to the whole world with a beam of the Sun, as well as to your Majefty-, wc " therefore moft humbly befeech you Sir to give faith and credit to him , and all '* that he fhall fay on our part touching us and our affairs ; being afiiired Sir of " an aftiltance equal to your wonted Clemency heretofore, and fo often fhewed - — "to this Nation, which will not yield the glory to any other whatfoever , to be "eternally your Majefties moft humble, moft obedient, and moft affedionate " Servants,Rothes,Montrofs,Leßy,Marr,Aiontgommery^c/idon^orreßer.This let¬ ter was indorfed, au Rojyo the King.which was an owning of the King of France for their Sovereign, and as high a derogation of his Majefties Honour and Power The Scots de- as Poftìhly could be. In excufe of this theScotsalledge,that this Letter was writ in fence for the the depth of their neceftities; that when a people is diftrefled/cwas lawful both Letter. by the Laws of God and Man,to call for afliftance from God and Man ; that they never had any intentions to call in a forreign aid againft their native Prince, but only confidering the condition they were then in,f a Fleet out at Sea againft them, ar. Army marching towards them by Land, their adions and intentions mifrepre- fented to Forreign Princes) they thoughc fit to write that Letter to the French King, left by fome finifter mifreprefentation of their adions, his Forces might have been employed againft them; that the Letter it fclf was never fent, as might appear by its wanting a Date; and as for the Supcrfcription, an Royi it was never done by them, but written by fome enemy of theirs after it was got out of their hands; that however the faid Letter was written before the Pacifi¬ cation madeat Barwick_, and therefore ought not now to be queftioned, Not- withftanding ail which the King confults with his Councel whofe the Charader Loudon impri- of that Letter (hould be, and they all at laft agree, that it was the Lord Londons foncd. hand ; whereupon he is fecured, and committed Prifoner to the Totver. CHAP. ofCjreat Britain and Ireland. *7 CHAP. XIV. The Lord Wentworth Lieutenant of Ireland called home; and Created Earl of Strafford j a Parliament in England dWlreland rejohedon, and a War with Scotland. A Jan&o of the Councel, THefe ftrange Infolencies (I think I may without partiality call them Trea- Tons) of the Scotch Covenanters, caufed the King to call over that abfo- lute States, man, the Lord Wentworth Lieutenant of Ireland, whofe judgement as it exceeded moft mens in State Affairs, fo was his Counfel much prized by the King j foon after his arrival he was Created Earl of Strafford in the County of Tor^ the reafonof his calling over was, for that the King no longer able to comport the Affronts and Indignities put upon him by the Covenanters, and par¬ ticularly their infolence in not permitting Edcnburgh Caftle to be repaired, though he had given fuch efpecial Orders about it,deliberates now to bring them by force to a better compliance • but toconfult with the whole body of his Pri¬ vy Councel he thought not fit, not being infcnfible that fome of them kept fe- cretcorrefpondencewiththePresbyterianScots; he therefore felefts the Arch- bifhop, Lord Lieutenant of Ireland, and Duke Hamilton , wholly excluding from this Debate thofe hunting Lords, (as the Archbifhop is Taid to have named them) Pembtook^ Salisbury, Holland, &c. though it was efteemed by many, that he had better have advifed with thofe, and have excluded Hamilton, who was worfe then all of them. This Jun&o being met, and the King having given the rea- fonof t heir Convention, which was to advife of the Evils then depending, and toconfider a prevention e're fuch bufineffes fhould pafs beyond remedy, he gave bis opinion, that the onely way in his judgement would be by calling a new Par¬ liament in England,with whofe confent and affiftance things might be brought to a better pafs. This judgement of the Kings was noc onely highly applauded by the Lord Lieutenant of Ireland, and Archbifhop of Canterbury , but by them confirmed into a refolution. They likwife cQncluded of a Parliament in Ire¬ land, which fhould fo long precede this in England, as that the Lord Lieutenant of Ireland might be both at that and this too ; but in regard that when this . Parliament was called , it might be a good while before any Subfidies could be raifed , and the Scots being beforehand with the King, it would be neceflary to have fome prefent fupply of Moneys, left for lack of it the bufinefs might be rui¬ ned: The Lord Lieutenant of Ireland propofed to the King, that in the inte- Subfcrfptior.s rim they would engage their credits for fome prefent advance , and accordingly by che Jui)£hat £hey had rather give it to let it alone. That they fhould for fiph a fumme not be permitted at all to redrefs Grievances, but onely the Kings re- leafeof his Right and Title to Ship Money, in which they judged him to have The Parlia- none: That they were about that morning to have paffed a Vote againft the Mft a'vote a- War with Sc.otlAtld',t0 which £hcy werc much averfe. which the King-hearing, gainft the War came immediately in perfon, and on the fifth of May, after two and twenty with scotltnd. dayes fitting , diffolved them; yet notwithftanding the Diffolution of this Diffolved. (horc-lived Parliament, the Convocation of Divines ftill continued fir- TheConvoca- tirig, and hy the Kings power made many Canons tending to the Sec¬ tion fits ftill. clement of Religion, and the Confirmation of the Church ; though the of (freat Britain and Ireland. Monty Thelawfulnefsof theirfitting was then made doubtful, and afterwards (upon what grounds I know not) unlawful by the Long Parliament-, for though the Convocation of Bifhopsufually did difTolve with Parliaments, yet there appear¬ ed no great rcafon why they fhould do fo, (the Kings Writ not at all limiting them to break up with the Parliament) much lefs juftice was it, that they fhould be punifhed (as afterwards they were) for not fo doing however had it been fo, yec they fate upon a new Commiflion granted them , the difference betwixt which Commiflion and the Writs being examined by Finch, Manche ft er, Lit- tleton, Banks, Heath, and Sheffield, all able Lawyers, they gave it in their opini¬ ons, " That the Convocation called by the Kings Writ was not to di/Tolve, but " by the Kings Writ, notwithftanding the diflolution of the Parliament. Yet notwithftanding they ftill fate in fuch danger (Lilbums Libels having fo incenfed the people againft them) that they were in continual fear to be pulled out by the tumultuous Rabble infomuch, that the King was forced to place a Guard upon Weftminßer Abbey where they fate. Among other things which thik Con¬ vocation did, was the impofing that Anti-Covenant Oath (as one calls it) for defence of Hierarchical Church-Government: the form of which was thus. "I A. B. do fwear, that I do approve the Dodrine and Dilcipline of Govern- The Oath im: " ment eftablidied in the Church of England, as containing all things neceflary pofed by the " to falvation j and that I will not endeavour by my felf, or any other, diredly Convocation. ft or indiredly to bring in any Popifh Dodrine, contrary to that fo eftablifhed; " nor will ] give my confent to alter the Government of this Church, by " Archbifhops, Bijhofs, Deans, and Archdeacons , &c. as it ftands now efta- " blifhed, and as by right it ought to ftand ■, nor yet ever to fubjed it to •* the Ufurpations and Superftitions Of the Sea of Rome. And all thefe ,g things I do plainly and fincerely acknowledge, and fwear according to the " plain and common fenfe and underftanding of the fame words, without any " Equivocation, or mental Evafion, or fecret Refervation whatfoever j and this " I do heartily, willingly, and truly upon the faith of a Chriftian , fo help me " God in Jefus Chrift. This is the form of that Oath, which by fo many igno¬ minious Libels was carped againft, and made odious to the common people.' This Convocation (or Synod, as fome men have been pleafed to term it) like- wife made a Canon, ordering the Situation of the Communion Table at the a Canon for Eaftendof the Church, and that it fhould be fevered by Rails, to prevent its railing the prophanation : They likewifc permitted, to fuch as thought good, the ufing Communion that ancient Cuftom of bowing towards the Eaft, yet they reftrained no one And'for bow-" from omitting it; yet were both thefe cried up as ads of unparallel'd Superfti- jng towards**" tion •„ and e're thefe Rules were confirmed and ratified by the King, they granted the Eaft. him a Benevolence in the pound to be afleft upon the Clergy for fix years next The Clergy enfuing, towards hisMajefties affiftanceand fupply in his intended War againft grant a Ben¬ the Scots, which was accounted the great Bug-bear of all the reft of their adions, ™len« to the andcryedupto be, "An ad of very high prefumption and ufurpation of the lns* " preheminence of Parliament, no Convocation having power to grant any " fubfidics or aid, without confirmation of the Lay Senate. But whether it fa¬ vour either of Law, Juftice, or Equity, that men may not have liberty todif- pofe of their own, I leave to the Reader to judge. The Convocation having done thus much, on the twenty ninth of May brake up. jn of tte jued fr' the » . thoug" ', tie e h a p. 1 20 The Ciyill U^arres CHAP. XVI. The InfurreBion of the Apprentices j the King aclvifes with a Juntto of his Councell about the Warre with Scotland. D' kUring the fitting of the Convocation, the good Archbiflhop of Canterbury _ ' is looked upon by the popularity as the chiefeft furtherer of their (fo term¬ ed defigns, and therefore made the objed of Plebean Revenge; towards the effedingof which, a paper is poafted upon the Royal Exchange in London the ninth of lMojì encouraging the Apprentices to rife and fack the Archbi(hops Houfc at Lambeth on the Monday following, which they were ready to perform; for on the night appointed about twelve of the Clock near five hundred befet The Arch- his houfe, And ufed their utmoft endeavours to enforce their entrance , but were biihops houfc repulfed by a power provided (upon the warning given to the Archbiftiop) to aflaulted. 0ppofe their violence, and defend hirafelf; many of the Afiaulters were the next Some of the the Lord Conways Defeat at NeWburn, Hading- ton Blown, up at Dunglafs. v , , . f . jH jI « I. > r i * . . JO. F Or though the King by the help of thofe Knights and Gentlemen, who held Land inCapite from him, had now raffed a confiderable force; yet were the Scots advanced with a potent Army towards the Borders, which made him haften his Supplies towards Tork, the place appointed for his general Ren- dezvouz-, of the Royal Army the Earie of Northumberland was appointed Generalijftmo, and the Earl of Strafford Lieutenant General ; but the former falling ficjt, was uncapacitated to follow his charge, fo the King took it upon himfelf. This Invafion of the Scots welcomed into the world the Illuftrious Prince Henry, fourth Son to the King, who was born on the eighth of July, and by his Majellies command called Duke of Glocefter. On the twentieth of Au- guft following the King leaves ZWc#, haftening to his Rendezvouz at Tor ft, and The King ad- on the two and twentieth publifhes a Proclamation to thiseffed:, ''That he va'nces Nort£- " had by all wayes of mildnefs and clemency endeavoured to appeafc the Rebel- ward. " lious courfes of his Subje&s in Scotland, who under pretences of Religion had " fought to (hake off his Regal Government, and did now take arms, and in- «'vade his Kingdom of England *, and therefore he did declare that all thofe *■ who had already entered, or (hould prefume in a warlike manner to enter any " part of Eng land, Ihould be adjudged, and were thereby denounced Rebels and " TraytorsagainfthisMajefty: However if they would yet acknowledge their " former crimes, and crave pardon, and yield obedience for the time to come , he " tendered them his gracious pardon, they retiring home, and demeaning them- ** felves like Loyal Subjects for the future, &c. Yet neither thefe threats norjgra- cious offers wrought at all with the Scots, but they ftill marched forward in an hoftile manner, the effe&s of which the King heard of when he came to North- Alerton, where the Lord Conway brought him news,that he having on the twenty The Lord feventhof Auguft drawn out twelve hundred Hörle, and three thoufand Foot Conway rout**' to impede the Scots paffage over the River Tine near Newhum ^ having lodged e(J* his Foot behinde a Breaft-work, to gall the Enemy in their paffage, Lefty having advice thereof by his Scouts, had in the night time planted nine Piece of Ordi¬ nance on the other fide, juft over againft the Breaft-work, and blinded them with buflies from the fight of the Englifh. In the morning following Lefty fends a Meffengcr to the Lor d Conway, defiring leave to paffe with a Petition tor >' ' fill lift zi The Civill Wmes to his Ma jelly ; to which anfwer was returned, that he might have liberty to pafs with a few , but not with his Army •, upon which Lefly commands three hundred Horfe to ford the River, which they did, but were foon forced to retire by the Mufqueteers behinde the Breaft-work •, which Lefly perceiving , played fo furioufly upon it with his Cannon, that thofe frelh Souldiers unaccuftomed to fuch fport, foon forfook their Poaft, threw down their arms, and ran away -, whereupon the Scottifti Cavalry readvanced upon Mr. Wilmot Comroiflary Ge¬ neral of the Horfe, who, accompanied with a gallant company of Englifh Gen¬ try, flood the charge of the Scotch Horfe and Cannon too, till over-powred by numbers, they were forced to retire in diforder with the lofs of three hundred flain or taken; which the Lord Conway perceiving, haftens his Retreat toward« the King: whither when he was come, he was bythcEarie of Strafford (who brought up the Rear of the Army, and was upon this lofs retreated to TorkJ accufed either of Cowardize.or Treachery, or both , though he ftoutly ftrove to defend himfelf. The Scots having gained the Pafs over the Tine, marched diredly towards Ne-wcaftle, which becaufe unfortified, and not tenable againft an Army, Sir Jacob JJhley the Governour having firft funk the Cannon in the River, deferted; which the Scots immediately poflfefs, and twodayes after like- wife Engarrifoned Durham. Whileft the Covenanters profpered thus in Eng¬ land, the Englifh Garrifon at Bar-wick^ having had advice, that General Lefly The Englifh had left fome peeces of Cannon at Dunce, (which were more then neccflary for kin" of fome" bis Train) iflued out and pofTeffed thcmfelves of them; but the Earl of Hading- Cannon t0K commanding in Lothian and Merfe, taking the Alarm , purfued the Englifh 'Dunce. with about two thoufand Horfe and Foot, and after a Abort Skirmifh refcued them, and carried them to Dunglafs; where the next day he with about twenty more Knights and Gentlemen coming out jull after dinner into the midft of the Court, they were by the ftones which flew out of a Vault (fome twelve fcore from his Lodging, where a good quantity of powder being kept, whether by plot or accident never known, had on a fudden taken fire) every man of them flain. CHAP. XVIII. The Scotch Petition, Anfwcr, and Demands j the Petition of the eleven Lords, and of the City of London ; the Peers meet at York, the Long Parliament Rcfolved on. THe Scots having now feated themfelves in Newcaflle, where they found good provifions, and better entertainment then they enjoyed in their own cold Countrey, think themfelves well provided for the prefent, and therefore think it fit to Hay there till they fend a Petition to the King , which they entitle, " The humble Petition of the Lords in the laft Parliament, and other his Ma je- fties Loyal Subjeds of Scotland. Herein they in the generali complain of their Grievances, for relief of which they were now conftrained to come with¬ out prejudice to the peace of England, or any of the Subjeds chercin, untill they prefled with ftrength of arms to oppofe their paflage at Newbum; that now they prefented themfelves to his Ma jellies goodnefs for fatisfaftion of their full demands, and repair of their wrongs and lofles, with the advice of the Parliament of England tobe convented. The King by the Earl of Limeric his Secretary for Scotland t on the fifth of September returns an Anfwer, that be of (fr eat Britain and Ireland. 23 hcexpeded their particular demands, and that he had already fummoned his Peers at Tor\ on the twenty fourth of September, .ommandmg them to ad¬ vance no further. Three dayes after they return their anfwerto the Earl, tel¬ ling him, " That as there was nothing in the world more defired by them then ' his Ma jetties favour, fo they fhould defire nothing but what fhould luit with 44 his Majefties honour and peace of his Dominions ^ That they fhould have ex- 14 preffed their defires particularly in their Petition, but that they had before done 44 it in the Printed Declarations; however they now recite the fumme of them. The Scots "Frrft, that the late Ads of Parliament might be publifhed in his Ma jefties Defacs, 44 name with the ftates of Parliament. Thac Edenbnrgh Cattle, and other 14 ftrengths in Scotland might be fortified, and ufed for thetr defence. That their 44 Countreymen in England and Ireland might not be forced to Oaths and Sub- 44 fcriptions contrary to their National Oath and Covenant. That common 44 Incendiaries in his Ma jefties Dominions might be broughc to cenfure. Thac 44 their Ships and Goods with all dammage be reftored ; That ail the wrongs, •' lofics, and charges they have fuftained be repaired ; That the Declarations 44 made againft them as Traycors be recalled • That by advice of the Parliament 44 of England all Garrifons be removed from the Borders, and all impediments 44 that may flop a free Trade j and thac the Parliament of England might con- 44 vene as foon as poffible, as the onely way to fettle peace , and enable them to •4 obey his Ma jefties prohibition of advancing further; for as nothing but an "invincible neceflltyhad brought them out of their Countrey into that place, 44 fo no other thing fhould draw them beyond the limits appointed by his Maje- 44 fty. Thus under an humble Vail they peremptorily demand what they knew the King could neither in honour nor policy grant. But their earneft prelfures for flattening of the Englifh Parliament was luppofed to be out of the clear and plain fenfethev had, thac the Englif. Populacy being now fo generally inclined to their Fadion , the Houfe of Commons fhould favour both them and their Rebellion; and little reafon had they to doubt it, fince fomeof the Lords al- The Lords ready feemed to back them, by prefenting a Petition to the King as diredly an- Petition, fwerable to the Scots defires as could be ^ wherein, under the large pretences of Religion and Liberty, and his Ma jefties Crown being in danger, they huddle to¬ gether a great many pretended Grievances in Church and State; and therefore defire, that a Parliament may be fpeedily called for their redrefs, the onely thing aimed at by the Scots at their coming ouc of Scot/and. This Petition was fub- fcribed by Francis Bedford, William Hartford, Robert Effex, CMulgrave, War- vick. Say and Seal, Edward Howard, Mandevil, Brook., and Paget. To which the King returned anfwer, "That before the receipt of their Petition he well " enough forefawthe danger which threatened him and his Crown , and 44 therefore had refolved on the twenty fourth of that Monethto furamon all 44 his Peers to Tork^, and confulc with them what was fitteft to be done for his 44 own honour, and the fafety of the Kingdom. This Petition of thefe Lords was immediately feconded by one from the City of London, highly complaining The Ci:y pe. of their Grievances; That unufual impofitions were put upon Merchandizes cicion. that Ship Money was urged and leavyed, yet Merchants Ships had been taken by Pyrates; That by reafon of the multitude of Monopolies, Patents, and War¬ rants, Trading was decayed ; That Innovations in Religion, the new Oath and Canons were impofed, whereby they were likely to be deprived of their Miniftry v That there was a great concourfe of Papifts about the City and Suburbs, who thereby were better enabled to plot and execute their defigns againft the Reli¬ gion eftablifhed • That the fudden Calling, and the fudden Difiolution of Par¬ liament permitted them not to relieve rhe Subjeds Grievances; Thac divers Citizens were imprifoned for not paying Ship Money, &c. That the great fears they and their Families had of the danger which his facred Perfon was in this War, had greatly obftruded Trade; and fo they conclude in the fame tone in which the eleven Lords had done before them, That a Parliament might be called with' H The Civill IVirres Uli trn l the ^cuts on "Durham, and three hundred on 'IVoribum- bcrland. The Peers m:ec at Ter£. with all convenient (peed, whereby their Grievances might be redreffed: And the Scots to keep tune wich their Correfpondents, fecontied their former with a new Petition for che fpeedy calling of a Parliament jn EngL™d; and had the fame anfwer given them which the eleven Lords before had , whileft in the mean time the Scots grow very high at Newcaflle for Leflj impofed anew Tax of three drtd'and fift' hundred and fifty pound per diem upon the Bifhoprick of Durham, and three poundsptr di- hundred pounds upon Northumberland, upon pain of Plundering ; and though impoPd by it were paid, yet he fuffered his Souldiers to rifle and break open fhops and houfes^ they likewife feifed on four great Englilh Ships laden with Corn as lawful prize, the Maliers not knowing who had pofleflion of the Town, till they entred the Harbour ; thefe and many other Infolencies were commit¬ ted by them, befides their threats and menaces to do more, in cafe theEnglifh came not to a fudden accommodation. When on the day appointed the Peers met at 7ork, whom the King falutes with a fpeech to this effed. " That it had lt beenthecuftomof his Predeceflors upon fudden invafions or dangers which " could not admit of fo much delayes to aflemble a Parliament, to call their " Peers, and with them to advife a remedy. That this now being his conditi- " on, an Army of Rebels lodged in his Kingdom; he thought fit to fummon " them, to confult with them how they might joyntly proceed for thechafti- " fing of their Infolencies, and fecuring his good Subjefts • but firft he lets them " know that he defired nothing more then tobe rightly underftood of his pco- t( pie, and therefore of his own accord he had already given order to the Lord " Keeper to ifiue out Writs inftantly for the calling of a Parliament, toaficm- " ble on the Third of November next enfuing: In the mean time he defired " their advice in two things •, Firft, what anfwer to give to the Rebels Petition, "and in what manner to treat with them: Secondly, how the Army fhould " be kept afoot and maintained till the Parliament might convene • for he '4 thought no man could counfel him to disband fo long as the Scots Army "was in England, Hcc. The calling of this Parliament without doubt rejoyced the Scots, and all thofe who were of their Fadion in England-, buttothofe who ftuck clofe either to King or Church , it was like to prove (as Sir ThomoA f ermin termed another) a whipping Parliament: and a fatal day was that of its Summons looked upon to be to the Church, (viz,. ) the Third of November-, it being the fame Day in the Twentieth Year of King Henry the Eighth, that a Parliament was called, which firft began to crop the power of the Church in England-, whereof the Archbifhop of Canterbury was minded, and defired to fpeak to his Majefty, to fufpend their fitting for two or three dayes at leaft, for good luck fakej but he negleäedit, perhaps to his own and the Churches ruine. CHAP. XIX. I Tbe Treaty with the Scots , Montrofs defects the Covenanters. THe firft tbing which the General Councel of the Peers took in hand to debate, was,the manner of a Treaty with the Scots- and after feve- ra! meetings, Mr. Bellows was fent as Mclfengerfrom the King and Lords, to the Scots Army, to acquaint them, That fixteen Englifh Lords, to wit, the Earls \ of (freàt Britain and Ireland. 25 Earls of Bedford, Effex, Barkeßjire, Holland, Hereford, Rrifiol, Salisbury, and Warwick^, The Lord«, Mandevil, Savile, Howard, Brooke, Paget, Darf more, ■ Paw let, and Wharton, fhould meet with as many Scotch Lords to treat of an ac¬ commodation; but the Scots refufed to come to York., as infecurefor their Commiffioners, in regard theEarl of Strafford their mortal Enemy command¬ ed there in Chief •, (o Bippon is the place appointedfor the Treaty; where the Tfie Treaty Commiffioners being met, exception is made by the Scots at the Earle of ac '^PP°n- Trac^u aire's being prefent at the Treaty, not being authorized as a Com- miflioncr ; to which it was anfwercd, that though he were not authorized to Treat as a Commiffioncr, nor to Vote in Debates, yet it was reafonable he fhould be prefent, in regard all things which required debate, as the Laws andCuftomesof the Kingdom of Scotland, and all paflages of the AfTembly and Parliament, to which the Englifh Commiffioners are ftrangers , were known to him.' This fatisfies the Scots, and the Englifh proceed to propound a Ceflation of Arms, to which the Scots anfwercd, there was many things firft to be confidered of; that as their Affairs flood, home they muftnot, they mult not return, till they had obtained what they came for -, nor forward durfl they advance, his Majefty having commanded the contrary; therefore there being a neceflity of flaying in their quarters, fome way of fubfiftence mull be found for them; and to that end they prefent thefe demands to the Englifh : Firft, how their Armyfhouidbe maintained until the Treaty be ended, and peace fecured; fecondly , for a fafe Convoy , if more Commiffioners were required; thirdly, fafe Convoy of Letters from them and the Parliament, and to them; fourthly, free Commerce of both Kingdoms, and thac the common Trade of Newcaßle be not hindered, efpecially for Viftuals. Thefe indeed Teemed fomewhat harlh, efpecially the firft, yet after a long debate thele twelve Articles were concluded on the twenty fix of Ottober-, "Firft, a CcfTa- A rric!es cf " of Arms both by Sea and Land for the prefent; fecondly, all Ads of Ho- CcflTion, •' ftility toceafe; thirdly, that both parties fhaII peaceably return (during the "Treaty) whatfoever they pofTcfs at the time of Ceflation; fourthly, all " perfons in any of the Kings Forts beyond the Tees, not to exempt their " Lands in Northumberland, and the Bificprickl, from contribution towards the " payment of eight hundred and fifty pounds per diem -, Fifthly, none of the " Kings Forces on the other fide of the Tees to give any impediment to fuch " Contributions as are allowed for a competency to the Scots, nor to forrage " or fetch Viduals out of their bounds; fixthly, no Recruit be brought to " either Army during the time of Ceflation, and during the Treaty; feventh- "ly.That the Contribution of eight hundred and fifty pounds per diem beone- "raifedoutof the Counties of Northumberland, Bißoprick,, Town of New- " caflle, Cumberland, and tfeflmerland; that the non-payment fhould not be " any breach of Treaty , but the Countreys and Towns fhall be left to the " Scots power to raife the fame, but not exceed; eighthly, that the River of '* lees fhall be the bounds of both Armies, (excepting onelythe Town and ,l Caflle of Stockdon, and the Village of Egißiffe) and the Countreys of " of Northumberland, and Bifhoprìek^, to be the Limits within which the Scots " Army is to refide, having liberty for them to fend fuch Convoyes as fhal! be " neceflary for the gathering up onely of the Contribution which fhall be " unpaid by the Counties of Northumberland and Cumberland; ninthly, thac " if any perfon commit any private Infolence, it fhall be no breach of Treaty, "if upon complaint made by either parties, reparation and punifhment be " granted ; tenthly, if Viftuals be defired upon the price which (hail be agree- " ed upon, and ready Money offered for the fame, and refufed, it fhall be no 4< breach of the Ceflation to take fuch Vitffuals, paying fuch prices; eleventhly, "no new Fortification to be made during the Treaty againft either parties; " twelfthly, that theSubje&sof both Kingdoms may in their Trade of Com- " merce freely pafs to and fro without any flay at all; but it is particularly pro- F vided, 11 f I' y / i6 The Trea¬ chery. The Chill Warns " vided that no member of either Army pafs without a formal pafs uuder the '' hands'of the General, or him that commands in Chief. Theie were the Ar¬ ticles agreed on at Rippe», but not all - the Scots would have the reft been re¬ ferred to a central Treaty with the parliament at London. During the time of this Treaty the Earl of Atontrofs, who had for a long time adhered to the Covenanters, 'finding now that their defigns were clearly levelled againft the Kings Perfon and Sovereignty, began todeteft them, and by private Leters to the King profeffed his fidelity and ready obedience to his Majeny; which being by the treacherous Bed-chamber men ftollen out of the Kings pocket, were co¬ pied out and fent by Hamilton to the Covenanters, who dürft not proceed openly againft him, in regard of his popularity , but onely endeavour to render him odious to the people, that he might do his Majefty lefs fervice on occafion •, notwithftanding which endeavours of others, he had afterwards nigh ruined them, had not fome crofs accidents happened. But to return to the Parliament of England, and firft. CHAP. X X. What the Priviledges of Parliament were, and bow they had their Growth. THat which moft of all irritated the people, and drew many to War, being the large pretences of the breach of the Priviledges of Parliament, it will not be impertinent to forth fet what the Priviledges of the Parliament of England were, and how they had their growth; whereby it will in fome meafure appear by comparing them with other parts of this Hiftory, how the people were de¬ luded, and how eafily they were induced to believe feeming truths rather then rea¬ lities. Our Parliaments here in England had their firft rife in imitation of the three Eftates of France, which never had any power more then to confult of maters of Eftate.and by way of Petition crave the Kings affent, withouc which no Laws ever were or could be made j and thus at firft were our Parliaments in England, for the Kings Writ (without which no Parliament can be legally conftituted) being iffued out to the Sheriffs of every County , every refpedive Freeholder had liberty at the Shire Town to give his Voice for thcEIedion of Knights; and every Freeman of City or Borough for the Eledion of Citizens and Bür¬ gertest is now likewifeuied. This Writ of the Kings ufed to exprefs, noc onely the duty of the Sheriff in fummoning, but hkewife the duty of'fuch Knights, Citizens, and Burgeffes, as were ordered to ferve in Parliament- to which end,Indentures were ordered to be made between the Eledor"s,and the Per- fons eleded j and this is the manner of the Eledion or Choice of the Houfe of Commons. As for the Prelates and Peers, they were every individuall perfon chofen by the King and his Privy Councel, and Writs iffued to every one parti¬ cularly in the Kings name. Thus was the foundation of both Houfes of Par¬ liament, who being formed and made clearly by the Kings Writ, rauft necerta- rily and of confequence have no other Priviledges then what they freely receive from him who gave them being j the truth is, that the King with the Prelates and Peers were originally the Common Councelof the Nation, nor were ever the Commons called , or had any confentin the making of Laws till the Reign of King Hettrj the Firft- and yet we finde in fundry Kings Reigns afcer him Henry the Second, Richard the Firft, King John, See. that fevcrall Earl Laments were called without any mention at all made of the Commons but onely of the Barons Spirituall and Temporall. Nor did Henry the Firft ' « proceed " '«Hörender «OD( rliiiDM CoiTimonJ, IM t ofCjreat Britain and Ireland. Firft during his whole Reign ever fummon the Commons, but onely twice, vU. ac his Coronation, and in the fifteenth year of his Reign; and indeed at hi Coronation the ftory has it, per commune Concilium Baronum , and of feverall other Parliaments held in the third, tenth, and cwenty third years of his Reign, there is no mention at all made of the Commons being called, but onely of the Lords Spiritual and Temporal: and though the Commons were then twice called, yet we cannot finde that any Writs were iflued until the Reign of King Henry the third , who by the fole advice of his Privy Councel, firft iflued out Writs for the calling of Knights of the Shire yet were thefe likewife con- fufedly chofen, till in the time of King Henry the fixth, an Ordinance was made for preventing of Riots, formerly ufed in fuch choices, and enafting, That no man enjoying lefs then forty (hillings per annum, Freehold in the County, (hould havea Voicein theEledion. Thus wefeethat the firft originalof the Commons fitting in Parliament, was in the Reign of King Henry the firft, who ufurping the Kingdom, and depriving Maud the Emperefs, right Heir to the Crown, of her Domininion, was forced to endeavour by fome means extraor¬ dinary to ingratiate himfelf with the People, the better to conferve what he had unjuftly gained • but yet though afterwards the Commons were called to Par¬ liament, and made a Houfe by the Biftiops in time of the Barons War, the better to curb them ; yet were chey never called to confult, but onely to confent ; and fo modeft were they, that when any great Affairs of State were confulced of by the King and his Barons, efpecialfy about the making either Peace or War, rhey being fent to by the King for their advice, would modeftly excufe them- felves, dcliring him not to ask their advice in fo grear Affairs of State, which were things they underftood not, but were fitter onely for the debates of his Ma jefty, and his Lords •, and that whatever in fuch cafes they fihould refolve on, (hould be willingly aflented to by them : for fo moderate then were the Par¬ liament.men, that they thought it fufficient, if they looked after the advance¬ ment of Affairs, for the place for which they ferved , and not at all to meddle with high adions of State, which the King and his Barons were then onely thought fit to confult of; nor did they take into confideration matters of Religion, which it was onely the Place and Fundion of the Lords Spiritual and Divines to determine of, and not at all appertaining to the Laity. This was the manner of the Houfe of Commons in former times, when afterwards they had liberty to confult, not power to make Ads, but onely petitioning to the King, which Petitions he either granting in part or in whole , they began to be ads or Ordinances by his grant; but if the King was pleafed to deny them, they were void and ineffedual; fo that ftill what e're was done, was onely by the Kings free grace and pleafure, who folely had the Legiflative Power in his own hands; a clear argument to prove which may appear, in that whatever AEls, Ordinances, or Proclamations have been made by the Kings Majefty and his Privy Councel without Parliaments, havè. are, and do ftand as good and effedual Laws, many examples of which m ght be produced; many caufes which have been heard and determined before Parliaments have been examined , and after¬ wards judgement given upon them by the King and his Privy Councel: As for the Houfe of Lords, though they went by that French name of Parliament, yet they were onely fummoned by the Kings Writ, when, where, and how many of them he pleafed; nor had they then any but aii indicative power to advife, but in the King ftill refted the imperative power ro command , or make Laws; nor was their advice anyway obligatory to the King, but according to his free will and pleafure, all fuch Ads and Ordinances as were made, even Magna Char¬ ta, and Charta de Tor eft a, running in the ftile of the Kings mcer and free will and pleafure. As for thofe Priviledges the Houfe of Commons pretend to, I can finde none full and firm, (nor that hardly) but onely their being freed" from Arrefts; and Sir SdwardCoke himfelf, who was fo great a ftickler for the Houfe of Commons, yet makes this their onely Priviledge; nor was this granted, 27 ! l'it' I MM k 7 -4 The Chill Wanes but onely that being freed from Arrefts, the Members might be better capacitated to follow the fervice of the Houfe, not that they had thereby any power given them to do any extraordinary Aft. True it is,that in the fourteenth year of King Henry the Eighth, Sir Thomas More Speaker, Petitioned the King,That if m communication or reafoning any man fhotsli fpeak. more largely then of duty they ought to do, all fach offences fliould he pardoned •, which was granted by the King: yet did not this grant give any man power to fpeak what he would in Parlia¬ ment, but onely pardoned him if rafhly he Ihould trefpafs his duty ; and though the granting of Subfidies, and raifing of Moneys may by cuftom fcem to be made a Priviledge of the Houfe of Commons, yet moft clear it is by many ancient examples, That Subfidies were paid , before ever the Commons fate in Parliament. But no example can be produced till within thefe twenty years, that ever the Commons had power to raife Money without the King; nor can any aft be made for raifing a Subfidy, till by the Kings fubfeription it be made a Law, whereby every one is obliged to obey it. But that the Prince may raife Money without the Parliament, let us go no further for examples then Queen Mary, and Queen Elizabeth, the one of which without a Parliament laid an Impoft upon French Wines and Cloth, the other upon fweet Wines and Allome. In fumme, whatever Priviledges the Parliament can pretend to, are onely by the clear and free grace and favour of the King, and not out of any Right which they could plead • and indeed if we fearch we may eafily finde, that molt of thofc Priviledges which have been granted them, have been by fuch Princes as have unjuftly come to the Crown, or extorted from others in the times of necefßty, yet alwayes with Provifo's, that they infringed not the Royall Prerogative. Which how much the late Long Parliament of England did, and what power they ufurped to themfelves, beyond Right or Reafon, the fequel of the Story will (hew. CHAP. XXI. JO The Parliament Convene , the Kings Speeches to them ; Debates about Grievances. THe Ceffation being thus concluded on between the two Armies, the King and the Lords hallen to London, there to be at the Scfiion of the Parlia¬ ment, which was fummoned to meet at Wefiminfter on the third of November as aforefaid • a great part of imprudence it was by fome accounted , the Con * vening of this Parliament to Weftminßer, and not rather to Tork^, which place was a great deal nearer to the chief bufinefs they had to take in hand, viz. The War with the Scots, and a great deal further off I am fure from that then fo much Scotified City of London. But they being Convened , according to the time and place prefixed, Mr. William Lenthal Reader and Bencher of Lin¬ colns-Inn is chofen Speaker. The Houfes being fate , the King comes into the Houfe of Lords, and tells them, " That the knowledge he had of his ScottifTi Subjefts.wasthecaufeof his laft Aflembling a Parliament; wherein if he had t[ ^een be,ieved»he did verily think things had not fain out as they now faw them ei r,C lt,Was D0 wonder men wcre flow to believe fo great a Sedition raifed upon Jo 1,ttle grounds. But now the honour and fafety of the Kingdom lying fo hea¬ vily of (freat Britain and Ireland. 29 44 vily at the ftake, he was refolved to put himfelf freely upon the love and affe&i- ,/AO " on of his Englifh Subjeds, and therefore he ftiould not at ail mention his * ' «* own Intereft, or that fupport he might juftly exped from them, till thecom- ««mon fafety were fecured; though he muft tell them, that he was not afliamed •' to fay, that thofe Charges he had been at, had been meerly for the fccuring "and good of the Kingdom, though fuccefs had not anfwered his defires; •' therefore he fhould now onely defirethem coconfidcr, the beft way for the " fafety and fecurity of this Kingdom ; wherein two things were chiefly con- "fiderablt; firft, the chafing out the Rebels- and fecondly, the fatisfying their " juft Grievances, wherein he ftiould readily concurre with them. Two things " more he would acquaint them withal; firft, that the Loan of the City of *' London, and that Money advanced by thofe Lords who waited on him to Tork, " would but pay his Army twomoncths, from their Advance, and therefore '* referred it to their confederation , what a great diftionour and railchief it 4< would be to this Kingdom , if this Army for want of Money fhould be •4 forced to disband before the Rebels were gone out of it; and fecondly, the 4t redrefling the great calamities the Northern Counties endured, in which all " England was like to fufler with them; and fo refting confident of their love 44 to him, referred them for a further relation to the Lord Keeper. According to which the Lord Keeper gave both Houfes a full account of the Scottifti Re¬ bellion andInvafion, though many there wcte in both Houfes highly refented the Kings terming the Scots Rebels; which the King hearing, went two dayes after to theHoufeof Lords, telling them, " That he fhould explain himfelf "concerning one thing he fpake the laft day ;he told them that the Rebels muft 44 be put out of the Kingdom. It is true , (fayes he) I muft needs call them 44 fo, fo long as they have an Army that invade us. But to proceed , notwith- ftanding the Kingsearneft pleading forafupply of Moneys for the driving out the Scottifh Rebels, the Parliament took no notice of it, but fpent the reft of the Week in fettling Commiffions for examination of feveral Grievances; and declaring againft them in fet Rhetorical Speeches made by feveral of the Members of the Houfe of Commons; amongft whom Mr. Pim, (a grave and religious Gentleman, as one calls him) grave indeed he might be, but had cer¬ tainly little of Religion, to be fo great an Incendiary and Difturber of his Countreys Peace, was the chief, who in tedious Speeches of two hours long, declaring againft Grievances, tore in pieces the Royal Prerogative; the Lord Digby likewife in a fet Speech ranged his Complaints into fix ranks; firft, againft Ship Money; fecondly, leavying of Souldiers; thirdly, Monopolies; fourthly, the new Canon Oath -, fifthly, its being illegally impofed upon Minifters; fixth- ly, the requiring a Benevolence under penalty of fufpenfion, excommunication, and deprivation: following thefe Heads, and coming to the laft, fomewhattoo Satyrically quiblingupon Bifhops, and the late Convocation, whom he terms a new Synod, made up of an old Convocation; their prcfumption in granting a Benevolence to the King, a malevolence in them to the Parliament; and a ma¬ levolence in the refufers from a Bifhops, with a penalty of no lefs then the lofs of Heaven and Earth; Heaven by Excommunication, and Earth by Depri¬ vation : and fo goes wittily on, laying all the blame of thofe Grievances on evill Councellors, and extolling the Kings perpetual vertues, which would for ever preferve him in defpite of fuch Councellors, &c. But this Lord Digby though now fo much affeded to the Populacy , foon after receiving fome glares of honour from the Court, was converted, and everafcera Faithfull and Loyalf Subjed and Servant to the King his Matter. The Commiffions for Examina¬ tion of Grievances being fettled, on Monday the ninth of November Petitions came thundering to them from all the Counties of England, reprefenting their particular Grievances -, befides others from private perfons, who though de- fervedly had fuffered under the Lafti of the Star Chamber, Councel Table, and High Commiffion Court, efpecially thofe of Pnnn, Baftwick., and Bnrron, who in I ii ■ I # * r S(TP? 3° I 640. The Civill fVarres who were Voted tobereleafed out of their feyeral prifons, to come up and make their defence. The Parliament were likewife difpleafed, that the King had eftabliftied a Conftable over the Tower of London Supream to the Lieutenanr, (which he had done to prevent the Infolencies of bufie and loofc people) and likewife againft the Confluence of Popifli Recufants about the City ; whereupon the King lent a Meflenger to the Houfeto acquaint them , that he had Com- mifiionated a Conftable over the Tower, for the better fecuring the peace of the City, but that now he would recall his Commiffion , and leave the Tower to the Government of the Lieutenant onely; and as for the Papifts, they fhould by Proclamation be removed to the places of their abode. The Houfe of Commons contrary to ancient cuftom to ingratiate themfelves with the people, ej'efted out of the Houfe all fuch Members as received any benefit by Monopolies, or unlawful Projeftions. Thus they who fo much declaimed againft Innovati¬ ons, were the firft Innovators; for there was never before any Prefident to be found, that the Commons had power to exclude any of their Members from their places in Parliament, either under colour of falfe Eledions, or any other pretence whatfoever; and if not for undue Eledions, much lefs power had they to fufpend thofe who aded by the Kings Patent, and for his fervice; nor wanted there complaints in the Houfe of Lords, who highly refentedthe breach of their Priviledge, by the fearchingof the Earl of Warwick,r, and the Lord Brooks Pockets, Cabinets, and Studies for papers, at the Diflolution of the laft Parliament; for which Sir William Beecher theador, oneof the Clarks of the Councel, being brought before them, though he alledged the command of the two Secretaries of State for what he did , yet was committed to the Fleet. Thus began the Cloud to fpread its felf on all fides, which at firft ap¬ peared but like a mans hand, yet afterwards over ftiadowed thefe three Nations. CHAP. XXII. / The Impeachment of the Earl of Strafford , Money bor¬ rowed of the City, the Enlargement of Bifbop Willi¬ ams, Votes againft Ship Money , 'and the Canons \ the Flight of Secretary Windebanck, and the Lord Keeper Finch. ANd now the Houfe of Commons begin to aft their parts (Tragical ones) in good^arneftjMr. Pjm (that grave and religious Gentleman) is fenc up to the Houfe of Lords with an impeachment of High Treafon againft Thomas Earl of Strafford, Lord Lieutenant of Ireland, defiring that he might be feque- ftred from the Houfe, which accordingly he was, and committed to the Uiher of the Black Rod ; Sir george Ratcliffe likewife, a great friend of the Earls, was two dayes after fent for out of Ireland, by a Serjeant at Arms, in order to his fur¬ ther accufation. Yet the Earl notwithftanding his Confinement wanted notfome real friends who ftuckclofe to him in the'Houfeof Lords, and proffered to be his Bail. But the Lord Paget affirmed it was againft the Laws of the Land and the Priviledge Of the Houfe, however in regard of his dofe reftraint, they Onfare on procured htm Councel and a Sollicitor. This famous Earls Judgement hath fadotnr n" J"* h CXCreamly queftioned both in England and abroad • firft, that Judjjcmenr. having a Charge ready againft his chiefeft Accufers, (forfo he had againft Pjm, and of (jreat Britain and Ireland. ^ and feveral other (tickling menin the Houfe of Commons, for holding corre- A < o fpondence with the Scotch Covenanters, and inviting them to invade England, ' " which could have amounted to no lefs then Treafon) he fuffered themlo get theftartof him, and accufed him firft ^ which if he had got of them • and ex¬ hibited his Articles againft them, he had made them Parties, and rendered them uncapable to proceed againft him: and Secondly , that knowing that he had both the Parliament and the «SVor/, (whofe chief defign was his deftrudion) and alfo the Irißt his enemies, he did not rather for a time go beyond the Seas, which from York, might eafily have been done, then venture himfelf though never fo confident of his Innocency, upon fuch a Judgement, where the parties were both his Judges and Accufcrs5 but innocence fears nothing. Yet the Parliament now think fit to fpare a little time in confidering the Charge which the Northern Countreys are put to in maintaining two fuch great Armies- they therefore refolve to finde fome way for their relief, and to that effed order the borrowing of one hundred thoufand pounds upon Intereft from the City of London, for which feveral Members of the Houfe of Commons flood engaged until fuch time as it could be repaid out of the Subfidies to be raifed. The Bifliop of Lin- cfl/tf, who had for fome years been imprifoned, was by the Petition of the Houfe of Lords to the King releafed, and the next day after being a Day of Humili¬ ation, officiated as Dean of tVefiminßer in the Abby Church. Prinn and Bur' and ton, two of thofe fadious Spirits formerly, ordered by the Parliament to be re- t0 leafed from their refpedivclmprifonments, were on the twenty eighth of No- unltx vember brought with an Hof anna into London, conducted by many thoufands of people on Horfeback and Foot, with fprigs of Rofemary in their Hats, as it were in reproach and defiance of that Court of Juftice which hadcenfured them. On the third of December they were admitted into the Houfe of Com¬ mons, to prefent their Petitions againft their Perfecutors. And ftiJI the Parlia¬ ment go vigoroufly on in redreffing of pretended Grievances, whileft they regarded not at all the difhonours the Nation groaned under, to maintain a Re¬ bel! Enemy in their Bowels. On the feventh of December they pafled thefe Votes, " That the charge impofed upon the Subjeds for providing and fur- "nifhingof (hips, and the AfTefTmcnc for raifing Money, for thatpurpofe cal- " led Ship Monty, are againft the Laws of the Realm , the Subjefts Right and " Propriety, and contrary to former Refolutions in Parliament, and the Petition " of Right. That the extra judiciall opinion of the Judges publifhed in the " Star-Chamber, and enrolled in the Courts of Wefiminßer, are in whole and " every part of them againft the Laws of the Realm, See. ut prius. That the «'Writs commonly called Ship Writs, are againft the Laws of the Realm, &c " ut prius. That the judgement in the Exchequer in Mr. Hampdens Cafe, is (as " to the matter and fubftance thereof ) againft the Laws of the Realm, &c. ut " prius. Thefe Votes likewife pafled in the Houfe of Lords, and all this in Arbi¬ trary way, without fo much as a review, or Councel heard, or the Judges reafons asked, why they gave their opinions for it, but onely upon the bare word of thofe twodiflenting Judges, Hutten and Crook., whofe Judgements ^erecried up in Print, and a Committee ordered to drawupan Impeachment of High Treafon againft the Lord Keeper Finch, and the reft of the Judges who had been Abet¬ tors of it. Next they proceed to the nulling and making void thofe new Can¬ nons made by the late Convocation, Voting, " That the Clergy had no power " to make Canons, Conftitutions, or Laws to binde either Laity or Clergy *' without a Parliament • and that the Canons are againft the Fundamental Laws 4t of the Realm, againft the Kings Prerogative, Propriety of the Subjed , the "Rightof Parliaments,and do tend toFadion and Sedition. Yet the Kingby whom they were viewed and imparted to his Privy Councel, Judges, and learn¬ ed Councel, could not finde any thing in them againft the Lawes of the Realm, the Kings Prerogative, Rights of Parliaments, or tending to any Fadion or Se¬ dition, but onely what fadious and feditiousfpirits made, who Would have im¬ proved ! 11540. Ckigy fined. Sir Francis Windebancli fiyes. And the Lord Fnnb. The Civill War res proved the beft of things to their own bafe and feditious ends. They likewife to Keep the Clergy in awe, frame a Bill for fining all fuch as fate in that Convoca¬ tion, fo that none of them dürft appear in maintenance of cheir juft Right and Authority. Thefe ftrid proceedings in Parliament put fomeof the great men about the King in fear of themfelves,(ince they had been like enough to have been accufed, if not condemned , onely for being fo ; which made Sir Francos FFinJebanc^ who had been queftioned for reprieving fome Priefts and Jefuites, and fufpetfted of matters of high nature, on the fifth of December to fteal away into France, and prefer a voluntary Exile , before venturing to ftand to thefelnquifitors mercy; yet afterwards when the War broke out between the King and this Parliament, he came over to the King at Oxford, where finding bis fufferings unregarded, and himfelf not permitted to fit as a Member in the Houfe of Commons, when it was fummoned thither; he returned back again to his Wife in France, where noc many years after he died a true Protellant, though fome have been pleafed to affirm the contrary. Soon after him fol¬ lowed the Lord Finch of For ditch, Keeper of the great Seal. But firft he endea¬ voured to allay the Commons anger, by antiquating their Charge, with an Elegant Oration made in his own vindication; notwithftanding which he was by them that very day Voted guilty of High Treafon, for refufing to read the Remonftrancc againft the Lord Treafurcr We(ion, when the King defired it. For foliciting, perfwading, and threatning the Judges to deliver their opi¬ nion concerning Ship Money ; for feveral illegal aftions in Forreft matters • for ill Offices done in moving the King to Diflolve the laft Parliament, and caufing his Ma jetties Declaration thereupon to be put forth. For which being the next morning accufed in the Houfc of Lords, he was early up, and efca- ped their hands, withdrawing himfelf into Holland, till fuch time as the Warre broke forth, when he returned, and did his Mafter good fervice. CHAP. XXIII. The Archbiß) op of Canterbury Impeached, ihe Scotch Covenanters Charge againft him, and the Earle of Strafford. The Scots complaints gaintt the Archbilhop and Striftori. THe Parliament next proceed to the taking away of the other Prop of the Kings Councel; they had already impeached and imprifoned the Earl of Strafford his greateft ftay in State Affairs, and now tbey proceed to appoint a Committee to draw up a Charge againft the Archbifhop of Canterbury (his chief Prop in Church bufineffes) as the chiefcft framer of thofe Canons, and other imagined Delinquencies; and fhortly after Mr. Denz.il Hollis carried up his Impeachment to the Houfe of Lords, whereupon he is fequeftred from fit¬ ting in the Houfe, and commited into the Cuftody of the Black Rod; the Scots alfo bring their complaint againft him, (joyning him with the Earle of a. Strafford, calling them Incendiaries in thefe National differences, andcharging him, "Firft, with fome particular alterations in Religion without Order or '* Law, which they faid might be proved by fourteenfeverall Letters to their " pretended Biffiops, (fo they called them) to promote the Englifh Service- ci Book; and by feveral Papers and Inftitutions to the Bifhop of Saint Andrews *' and Rofs, for ordering the Affairs of the Kingdom •, to obtain Warrants, order the KtO sssfi b made in vc ®?d jefaitts lfr toftt,i C.^i»bc5iiL 15 a Member in ^ 7rnfdS,o t!*»true Proeellant nun fo|. ' lie endo. ther%,w:iao KU to klingt«read fed 5 to deiner their s m foneft matters. 1M Piiliament, J arfj op, and efca- till fueli time ar d his Mall« good i, the Scotch tlx brie °f ther Prop of the ioncd the Rati of c«d to appoint a of CitiUrkr] (his hofe Canons, fcqueftred from ft- ie Black Rod; ^ with theötfcof jBif charging or ices, •jlj fetters to their , öf Saint ^ "fd ofCjreat Britain and Ireland. 35 *' the Exchequer, Privy Councel, Commifiion of Surrenders, the matter of j^ao " Balmerim'j procefs, Warrants to lit in the High Commilfion once a week, to ' ' I " gain from Noblemen the Abbeys of K elfey and Conday for the V relates, or- "deringthe meaneft Offices of the Kirk by his commands. Secondly, im- " poling a new Book of Canons and Conftitutions devifed for promoting a " Tyrannical Power in the Prelates over the Confciences, Liberties, and Goods of " the people, to abolifh the Difcipline of their Kirk fettled by fo many Provin- " cial AfTemblies. Thirdly,endeavouring to impofe a Book of Common Pray- '* er or Leiturgy upon them, full of dangerous Errours, of which they challenged •' the Prelate of Canterbury (fo they termed him) to be the prime caufe on earch, " to be proved by fcveral Letters of his to their pretended Bifhops, by the " Book writ, interlined, and margined with his own hand, changes and fupple- " ments taken from the Mafs Book , contrary to the Kings knowledge. That "when theyfeveral timesfupplicated againft that Book, he procured aiders "in threatning Proclamation; which when they were forced to protcft "againft, they were called Rebels and Tray tors •, that he had procured 4' War againft them, and after Barwick^ Pacification, advifed to have it broken, "to bring on a new1 War, calling their Covenant treafonable and damnable j " That he had fet his hand to a Warrant for Reftraint and Imprisonment of "fomeof their Commiflioners, when they had declared the truth of their In- " tentions, Declarations, Remonftrances, and Reprcfentations, true, juft, and 4i lawful: f hat he had advifed the breaking up of the laft Parliament, but fate " ftill in Convocation, making Laws againft them that he had caufed a Prayer "robeufedin all Churches in England, whereby they were ftiled trayterous *' Subje&s. Then they conclude, that if the Pope himfelf had been in his place, '• he could not have atfted more vigoroufly againft the Reformed Churches, to " bring them to Herelies, Superftitions, and Idolatries of the Church of Rome ■ " &e. ior all which they defire Juftice. Then they adde, that with Canterbury " (no ocherwwe) they had conjoyned the Lord Lieutenant of Ireland, "Who lufficient to tk id they liften / infai of every Bi- 'irHh. For [belli, if che Presbyterian to excommunicate be excommunicated, notwithftanding all Parliament though Government; yet chof iWarcfc," That Judicial Power in fairs; and that no prelatica! Church wasChiÄiin, began I dt®.®' ,i of (Jreat Britain and Ireland. and compleat Charge againft the Earl, who immediately was fent for, and heard it read before him ; and being required to give in his Anfwer, he de¬ manded three Moneths time to do it, an regard , befides the length of the Charge (two hundred Iheets of paper) which would take up time to ingrofs fome things wherewith he ftood charged, were done fourteen years before, and fo would require both time and ftudy. Notwithftanding the Commons werefo ur¬ gent, that no longer time then twenty five dayes, viz.. to the twenty fourth of February following could be allowed him ; on which day ic was read before theKingintheHoufeof Lords, and before the Commons next day following; his Anfwer thus given in, it was next debated where fhould be the place of his Trial, and whether he fhould be allowed Councel. To the firft , the Lords would have it in their own Houl'e; but the Commons alledging , that they in¬ tended tomannage the Charge againft him by their own Members, the Lords Houfe would be too little to contain them ; whereupon Wefitr.infter Hall was the place determined on. To the fecond the Commons alledged, that in Cafes of High Treafon, Councel could not regularly be allowed; which the Lords confefled to be true in matters de fattoì but in matters de lege it might; and fo Councel was granted him. We[hminfier Hall being the place appointed for his Trial, Scaffolds were reared on either fide the Hall, where the Commons fate uncovered, and in the midttof the lower afcent the Peers-, behinde, but raifed above them, there was placed a Chair and Cloth of State for the King; and on either fide was a clofe Gallery for the King, Queen, and Prince to be private; foftately and magnificent a Trial had never any Peer in England; the Earl of Lindfej as Lord High Chamberlain of England had the ordering of the Stage; and on Monday the two and twentiech of March, the Lords and Commons having taken feats, the Earl was brought to the Bar: To whom the Earl of Arundel^ Lord High Steward, declared, That he was called thither to anfwer to an Impeachment of High Treafon, preferred againft him by the Commons of England and Ireland. Then his Accufation was read, and his Anfwer to it took up that whole day , the next day the Houfe fell upon thefe- ven general Heads, of fubverting the Fundamentall Laws of both Nations, which weremannaged by grave Mr. Pjm -, then a fealed paper was opened and read, which fignified, that the Parliament of Ireland had Voted him guilty of High Treafon ; whereupon the Earl in paflion replied, That there was a Can- piracy to take away hu life: At which the Commons immediately ftood up, and demanded Juftice againft him, in that he ftanding impeacht of High Treafon, acculed the Parliaments of both Kingdoms of a Confpiracy. Whereupon he humbly craved pardon for the inconfideratenefs of his expreflion , protefting that he intended not thereby either Parliament, but fome particular perfons. Then Mr. ?ym defired that he might forthwith anfwer to three Articles more, which he had lately annexed to the Charge; the Earl defired fome time mighc be allowed him, but the Lords finding them of no great importance, put him to prefent Anfwer. The Articles were thefe. "Firft , That he had With- " drawn twenty four thoufand pounds from the Exchequer in Ireland, and con- '• verted it to his own ufe. Secondly, That in the beginning of his Govern- " ment, the Garrifons in Ireland had been maintained by the Englifh Treafury. "Thirdly, That he had advanced infamous perfons, as the Bifhop of lYattr- " fordy to prime places in the Church of Ireland. To the firft the Earl anfwer- "ed, That England was indebted to Ireland that fumme ; that he took up the " money upon his own credit, and paid it in again; and that he had the Kings ,c Authority for the fame, producing his Majefties Letters. To the fecond, " that the Garrifons had been bnrthenfome to England in former Deputies " times, that he fo found them ; but that he had fo improved the Kings Reve. " nucs there, that now they were not burthenfome at all. To the laft, thac he ne- " ver preferred any but fuch whom he conceived contentions and honeft men; " that he could not prophefic of mens future conditionsand for the Bifhop of 39 164O. / — f The Civil! IVärres of Waterford, he had fuffered the Law • and thus this dayes Encounter ended. The next day the particular Articles were enforced, to which the Earl an- fwered in order; nor could any of them appear to be Trealon i though true it is 5 that many mifdemeanours himfelf confefled both in words and acti¬ ons though heftill urged, that mifdemeanours though never fo many and great, yet could not make up one Trealon. This continued many dayes to the ninth of April. But the Commons had their «greateft Charge to bring in againft him, which they came by thus • Sir Henry Vane being, as I faid be¬ fore , thought fo trufty as to be admitted into the Junfto of the Privy Councel for confuking of the Scots War, had there taken notes (whether truly or falfly, I know not) from the mouths of the Privy Councellors, which he had locked up in the (flutter of a little Cabinet ; and juft about this time (to make the difcovery more miraculous) the Father had delivered to his Son young Sir Henry his Key to fetch fome papers out of his Cabinet, „he there (indes the Key of the inward (hutter, and in it thefe notes, which without his Fathers privity, as was alledged, he fhews to Mr. Pym, which he foonmadeufe of. At the laft breaking up of the Court, the Earl had till the next day allotted him to make what further defence he could for himfelf; but being taken with a terrible fit of the Stone, could not appear till the day after, being the tenth of April: When the Commons earneftly wrefted to have liberty to produce what further teftimony they could againft him , and tJie Earl craved the fame liberty for himfelf concerning fome teftimonies not yet exhibited in his behalf; upon which enfued a hot conteft between the Houfe of Lords and Commons; the Lords maintaining it to be as reafonable a requeft for the Defendant as the Plaintiff, or elfe that all further teftimony (houldbe waved on. both fides; and the Lords being abfolute in this their opinion, the Commons rofe in difcontenc without ordering any certain day for their next meeting. But on Monday the tweifthof April the Parliament fate in their diftincft Houfes, and in the lower Houfe Mr. Pym produced thofe notes taken by Sir Henry Vane , which caufed a Conference with the Lords in the afternoon, when Mr. Pym reminds them of the Commons Requeft on the Saturday laft, concerning fome fupplementail proofs they defired to offer in the Earl of Straffords Caufe , acquainting them, that the proofs related to the twenty third Article, and were founded upon the notes then produced; the Commons moved their Lordfhips that the Earl might be brought to the Bar the next day, and fo accordingly on the thirteenh of April, the Earl appearing, the notes were produced and read, the Title thus. No danger of a Warmth Scotland if off en five , not defenfive. Then followed the feveral Councellors opinions, with their nominal Letters before thus. " IC. C. H. how can we undertake an offenfive War, if we have no more mo- - ''ney? L.L.I.R. Borrow of the City one hundred thoufand pound, go on »' vigoroufly to leavy (hip money , your Majefty having tried theaffe&ionsof your people, you are abfolved and loofe from all rules of Government, and " to do what power will admit; your Majefty hath tried all wayes, and being «' refufed, (hall be acquitted before God and Man f and you have an *Army in " I reland, which yon may employ to reduce this Kingdom to obedience ; for I am con- "fident the Scots cannot holdout five moneths. L. A.R.C^H. You have . for I am con- to takeit by efenceof ^ i iJ/iMp t Wane. Array o" :he Earle dome to required, and st : bit J ofCjreat Britain and Ireland. «' fuch debates, to be profecuted under the notion of Treafon. As to the main 44 hint fuggefted from his words, the King had an Army in Ireland, which he u might employ to reduce this Kingdom; he anfwered, firf1 chat it is proved by '* the fole tellimony of one man,(Secretary Vane) which is of validity enough " in Law, to create faith in a matter of Debt, much lefs t a Cafe of Life and " Death. Secondly , that the Secretaries deposition was exceeding dubious; 44 upon two examinations he could not remember any fuch words; thac the third "time his Teltimony was various, But I /pake thofe words, or the like; and 44 words may be very like in found, yet differ in fenfe , as in the words of his " Charge, here for there, and that for this, put an end to the Controverfie. «'Thirdly, there were prefent at debate but eight Privy Councilors in all, two " whereof, (the Archbifhop of Canterbury, and Secretary ivindebanckj were *4 not to be produced ; Sir Henry Vane affirmed the words, and he denied them j 44 then there remained but four to give in Evidence toic, the Marquefs of Ha- ,c milt on, the Earl of N or thumb er land,xX\z Lord Treafurer, and the Lord Cot- " tington, who all had declared upon their Honours, that they never heard him " fpeak thefe words, or the like. Laftly, fayes he, (though I grant it not) fup- " pofe that I fpake thofe words, yet cannot the word this rationally imply Eng- 41 land, becaufe the debate was concerning Scotland, as is yielded on all hands, be- "• caufe England was not out of the way of obedience, as the Earl of Clare well " obferved, and becaufe there was never the leaft intention of Landing thelrifh " Army in E »gland, as the aforefaid Lords are able to atteft. And having deli¬ vered this Anfwcr to the additional proof, the Lord High Steward asked him if he had any more to fay in his own defence , for the Court defired to proceed to provide matter for fpeedy judgement; whereupon the Earl having made a (hört repetition of his former defence, proceeded thus. " My Lords, there remains 44 another kinde of Treafon, that I fhould be guilty of; for endeavouring to 44 fubvert the Fundamental Laws of the Land; that this fhould be Treafon toge¬ ther, that is not Treafon in any one part, a Treafon acumalative, that when 44 ail will not do alone, being weaved up with others it (hould do, feems very '* ftrange. Under favour, my Lords, I conceive there is neither Statute or Com- *'mon Law doth declare this endeavouring to fubvert the Fundamental Laws of " the Land to be High Treafon; fori have been diligent in the inquiry, as you '4 know it deeply concerns me, and could never difcover it. It is hard to be que- " ftioned for life and honour upon a Law that cannot be flhown ; for it is a rule 44 in Sir Edward Coke, de non apparentibus & non exiftentibus eadem eft ratio, 44 Jefu 1 Where hath this fire lain hid fo may hundred years without fmoak to "difcover it, till thus burftfortKtoconfume me and my children; that pu- 44 nilhmcnt fhould precede promulgation of a Law, to be punifhed by a Law fub- " fequent to the fad is extream hard, what man can be fafe if this be admitted ? «' My Lords, it is hard in another refped, that there fhould be no token wherc- •4 by we fhould know this offence, no admonition by which we fhould avoid it: "if a man pafsthe Thames in a Boat, and fplit himfelf on an Anchor, and no •4 Buoy be floating to difcover it, he who oweth the Anchor fhall make fatif- "fadion; but if a be fet there, every man pafleth upon his own peril: "Now where is the mark, where the token upon this crime co declare it High <4 Treafon. My Lords, be pleafed to give that regard to the Peerage of Eng- 44 land as never expofe your felvcs to fuch mute points, fuch conftrudive interpre¬ tations of Laws; if there muft be atrial of wits, let the fubjed matterbe " fomewhatelfe then the Lives and Honours of Peers; it will be wifdom for 44 your felvcs, for your pofterity, and for the whole Kingdom, to caft into the 44 fire thofe bloody and myfterious volumns, of conftrudive and arbitrary Trea- 44 fon, as the Primitive Chriftians did their Books of curious Arts, and betake 44 your felves to the plain Letter of the Law and Statute, that tell us what is, and " what is not Treafon, without being more ambitious to be learned in the art of " killing then our forefathers. It is now full two hundred and forty years fincc H any ¥ 1641. The CiviU ìVarres « an« man was touched for this alledged crime to this height before my felf. let " us not awaken thefe fleepy Lions to our definitions, by taking up a few mufty «< Records that hav lain by the walls fo many ages forgotten or neglefted. May c< yourLordfhips pleafe not to lay this to my other misfortunes, for my other fins u beflave me not for Treafon ; let not a Prefident be defired from me fo difad- " vantageous', as this will be in the confequence to the whole Kingdom ; do not "through me wound the intereft of the Commonwealth: and howfoevcr thefe " Gentlemen fay they fpeak for the Commonwealth, yet in this particular I in- « jgej fpeak for it, and Ihew the inconveniences and mifchiefs which will fall up- " on it; for as it is faid in the Statute i. Hen. 4. no man will know what to do or "fay for fear of fuch penalties; do not put my Lords fuch difficulties upon Mi- 44 mfters of State, that men of hononr and fortune may not with chearfulnefs and « fafety be employed for the publick,if you weigh and meafure them by grains and 41 fcruples, the publick affairs of the Kingdom will lie wafte, no man will meddle 44 with them who hath any thing to lofe. My Lords, I have troubled you longer "then I fhouldhave done, were it not for the interefl of thefe dear Pledges a " Saint in Heaven hath left me: (at this he ßopt a while, offering up fome tears to " her afhes) what I forfeit my felf is nothing, but that my indifcretion (hould ex- 44 tend to my pofterity, it woundcth me to the very foul. You will pardon my in- 44 firraity, fomething I (hould have added, but am not able , therefore let it pafs. ,c And now my Lords, for my felf I have been by thebleffing of Almighty God "taught, that theaffliftionsof thisprefent life arc not to be compared to that 41 eternal weight of glory which (hall be revealed hereafter; and fo my Lords, 41 even fo, with all tranquility of minde I freely fubmitmy felf to your judge¬ ments; and whether that Judgement be of lifeor death, Te Deum lau damns. The Earl having ended, Mr. Glynn, and afterwards Mr. Vym endeavoured by Rhetorical declamations, to render his offences as odious as poffibly they could; which fini(hed, the Commons are next engaged to juftifie their charge by Law, as concerning matter of Fad, nothing as yet charged upon the Earl appearing under the letter of any Statute to be High Treafon; for under particular Trea- fons mentioned in that Statute of the twenty fifth of Edward the Third, none of his aftions fell. But in that Statute there was a Salvo annext, whereby it was provided, That becaufe all particular Treafons could not then be defined, there¬ fore what the Parliament (hould declare to be Treafon, in time to come, (hould bepunifhedas Treafon; and within the compafs of that Provifo they refolve tobring him, and fo cut him off by Bill of Attaindor. Whereupon the Earl demanded Councel, which the Lords thoughc ic reafon to grant him •, but the Commons denied it, till three dayes after they affent with the Lords, that on the feventeenth of April, the Earl (hould appear with his Councel, which he did with Mr. Lane the Princes Attorney, Mr Gardner Recorder of London, Mr. Lee and Mr. Lightfoot., Mr. Lane was the firft who fpake, and argued that' that Sta¬ tute of the twenty fifth of Edward the Third was a declarative Law, and fo not to be interpreted by way of confequence, equity, or conftruftion, but by the ex- prefs letter onely. That it was a penal Law, and fo could not admit of conftrufti- ons or inferences , for penalties are to enforce the keeping of thekr.own, not of conjeftural and dubious Laws: for the Salvo it felf he affirmed, that in the fixth year of Henry the Fourth a Petition was preferred in Parliament by the Nobility to have all Treafon limited by Statute-, that in that Parliament Chapter the tenth, an Aft being made upon that Petition, that Salvo was to be' repealed in all future times j and that nothing (hould be efteemed Treafon but what was literally contained in the Statute of the twenty fifth of Edward the Fourth. The reft of the Councel fpake no more, for indeed more fully they could not fpeak, but onely confirmed what had been faid by Mr. Lane. Where¬ upon the Lords and Commons Adjourned, the Commons refolving that that (hould be the laft day of the Earls defence. CHAP. Ä redtV ^ 0therfitti A: !?lls Pärt'euUf I jn. SiSfc 2t0;« •^ithchcarfolnefsanJ ''X^umiw; JOOlOM, F "Mifcretion (booJda YOU will ptldoD my jjj. Mfefottletitpafi, "lngo{ Mmighty Gol m COfflDarpd tn rli.r liter; ffly ftlf to your jadge. ) Tt Deimltiitttwi Pint tndpmnrprf ktr 1 jm UlUCdVUUl poiblp thty I lV.?'T f Wp Kv I mj coLj ttaclwpcty ln,is apoti tbc Earl appewing underpmohrfoi. uimjwumi m* virJthe Third, none traut, wierebyit m fabedeM, there- time to come, fljonld Provifo they refolve Whereupon the Ear! grant him; but the thcLords, that on ouncel, which he did of LtrJin, Mf- H, gued that that Sta¬ ve law, audio not to tion, but by the u- ot admit of conftrudi- c the known, not of . firmed, that in the Parliament by the n that P«rtòmenr, that SthiW to he efteemedW Md Third (jftloffWthf jefd morefully they If\M W f 'siting that thi: CH A: o/Qreat Britain and Ireland. CHAP. XXVIII. The Earl of Strafford Condemned in the Commons Houfe by Bill of Attaindor ; Petitions againf Papifls; the Bill of Attaindor read at Bar \ the Kings Speech about it. FOr the next day after, the Commons enter into debate concerning the Bill of Attaindor, and upon the evidence of Sir Henry Vane's Notes, Vote the Earl guilty of High Treafon, and Order the Bill to be engroffed , and to be read in the Houfe on the one and twentieth of April, when the finall and decretory Vote palled upon him in the Commons Houfe, though with fome Reludancy; for there were fifty nine Diflenters, among which the Lord Digby was the chief, who made a large and elegant Speech in the Earls behalf, though much to the difpleafureof the Houfe: And that very afternoon (fo eager were the Commons for this Earls deftrudion) wasche Bill tranfmitted to the Houfe of Lords j who finding it to be a bufinefs of fo high concernment, went not fo faft on with it as the furious Commons defired; whereupon they were on the twenty fourth of April to fix a day for its reading, which they promiled not to fail to do on the Monday or Tufeday following: but in the mean time they had found it 2 bufinefs fo perplext, that they thought it neceflary to defire a Con¬ ference with the Commons; who appointed Mr. St. John the Kings Sollicitor on Thurfday the twenty ninth of Bfpril to juftifie the Bill by Law , before the Earl, at the Bar. Whtlertin the meantime the Parliament addrefs themfelves to the King by way of Petition for three things, vi-t. " Firft, For removing all "Papifts from the Court. Secondly, for difarming of them generally 4* throughout the Kingdom. And thirdly, for disbanding the Irifh Army. To which the King concifely returns thefe Anfwers. "Firft, that they all knew " what legal Truft the Crown had in that particular, therefore he ihould not "need to fay any thing to allure them, that he fhall ufeit fo , as there (hould " arife no juft occafion of fcandal. For the fecond , he was content it Ihould te be done according to Law. And for the third, he had confulted of it and its " difficulties, and did fowilh the disbanding of all Armies, that he did conjure " them fpeedily and heartily to joyn with him in disbanding thofe two in Eng. tc land. This it was fuppofed the Commons did fomewhat to Ihadow their violenc proceedings againft the Earl. Who on the day appointed was brought to the Bar, and the Bill of Attaindor being read, Mr. Sr. John opened the fe- veral Branches of it, affirming it to be moft legal by fundry Prefidents and Ads of Parliament which he quoted , andfuch power had his Arguments over the Peers, that they began to Ihow a Propenfity of pafting the Bill, and deeming the Earl guilty of High Treafon, which they more clearly Ihewed in their Houlè the next day; whereof the King having notice, thought fit to fatisfie hs own judgement and confcience, by calling both Houfes together on the firft of Alay, and telling them , " Thac becaufe he would not have hindered their other Ge¬ fallenste had no intention to have fpokenof that great bufinefs of the Ear! "of Strafford that day : But fince it came to pafs, that he muft have a fliare "in his Judgement, he thought it but neceffary to declare his Confcience. That " he was fure they all knew he had been prefent both from the beginning to the "ending of that great Caufe} and that he muft tell them, that in bisConfci- " ence he could not condemn him of Treafon; That it was not fit for him to "i FI z argue 41 1641. i 11 T J 44 1641. The Ctvitt Wctrres " 3fgue thebufinefs, and he was fure they would not exped it; for a Pcfitive " Dodrine bcft became the mouth of a Ptirce: yet he muft needs tell them *' three truths, which he was fure no man elfe could do fowell. Firft, that he " never had any intention to bring in the Irifb Army, nor was ever advifed fo to "do. Secondly, that there was never any Debate before him, either inpub- " lique Conncel or private Committee of the difloyalty of his Englifh Subjeds. ,c Thirdly,that he was nevercounfelled by any to alter the lealt of any of the " Laws of England, much lefs to alter all the Laws. Nay, he thought no body " dürft be fo impudent as to move him to it for if they had, he would have " made them fuch an example , as poftenty fhould have known his intentions " by it. That he yet defired to be rightly underftood, for though he could " not condemn the Earl of High Treafon, yet he could not quit him of mifde- \*> meanours; and fuch mifdemeanours, that he thought him unfit either to ferve " himfelf or the Commonwealth in any place of Truft, no not fo much as of " aConftable. Therefore he left it to the Lords to finde out fome way ,e as might fatisfie Juftice, and their own fears, and not opprefs his Confidence. This Speech being now contrary to the fenfe of almoft all the Members of both Houfes, was fo ill relifhed by them, that they went away in great difcontent. CHAP. XXIX. 7 he Marriage of the Princefs Mary ; the Tumult of the Londoners ] the Commons Proteftation s a Bill propound¬ ed for Continuation of this Parliament} the Lords pajs the Bill of Attaindor. SUnday the fecond of May being the day after the King had made the afore-cited Speech to both Houfes of Parliament, the Marriage between the Princefs Mary, eldeft Daughter to the King, and the young Prince of Orange, was Solemnized at Whitehall with fuitablepomp and magnificence; but in the City the Minifters from their Pulpits were ftirring up difcontents in the people concerning the Speech made the day before by the King in behalf of the Earlc of Strafford-, which wrought fuch effed, that the next day being Monday , a- boutfive or fix thoufand Citizens, moft armed with Swords, the others with Staves, came in a tumultuous manner down to Wefiminfier, crying out for Ju¬ ftice againft the Earl; complaining that their Trading was decayed, and they thereby in great want of bread, becaufe Juftice was delayed. They applied themfelves principally to the Earl of Montgomery, who came out of his Coach, and with much ado, and large promifes, at length appeafed their fury; yet ne- verthelefs, to ftrike terrour into all fuch as were not of their party, they pofted qp at IVeftminfter the names of all fuch who had given their Suffrages in behalf of the Earl, ftiling them Straffordians. The fame day the Houfe of Commons under pretence of a defignto diftrad the Englifh Army in the North, and to render the Parliament dipleafing to them , and for a defence againft it frame a Proteftation to be taken all over England, " For the Maintenance of the true Reformed Religion, exprefledin the Dodrine of the Church of England- the Power and Priviledges of the Parliament, and the Liberty of the Subjed : which -vlitivt 'k« «thonghtao bodv ÜA «oaldtuvt &nown hit intentions tor c"0Dgii k could )[ 4uit bim of mifde. «her to (a« 10 C(* fo moth as 0f fedf out fotne m 'preis his Confer!, all file Members of went away in great \& Tumult of th: of Cjreat Britain and Ireland. which Proteftation being firft read and taken in the Commons Houfe, was fent up next to the Lords, who iikewife took it, and an Order was made for its be¬ ing printed, and for its taking throughout all England. On the fifth of May, a motion was made in the Houfe by one of the Knights for Lancafbire that he would procure for his Ma jelly the Loan of fix hundred and fifty 'thoufand pounds, until fuch time as the Subfidies could be raifed , provided bis Majefty would be pleafed to pafs a Bill, That the Parliament fhould not be Adjourned, Prorogued, or DifTolved without the confentof both Houfes, until che Ge¬ neral Grievances of the Kingdom were redreft: which Motion fo pleafed the whole Houfe, that a Bill was immediately ordered to be drawn up upon it, and onthefixthof May 'ent up to the Lords, who had the day before fent word to the Commons, that they having confidered and consulted upon the Bili of Attaindor, thought it the lafeft courfe to lay that Bill atide, in regard it brought in the King as Judge ^ wherefore they had agreed to fall upon the feverall Ar¬ ticles of his Acculation, and then fend them their final refolution, which they did; for of forty five Lords then prefent, twenty fix Voted the Ear! guilty of High Trealònupon two Articles, vU. the fifteenth. For Icavymg CM.nep in Ireland by force in a warlike manner; and upon the nineteenth. For impofing an Oath upon the SubjeRs in Ireland; which he had done the better to dift-nguifh the Scottifh Covenanters there. Of this they give fpcedy Information to the Houieof Commons, who the next day having,pafTed the Bill for Continuation of the Parliament, in which they defired them to make all convenient fpeed, in regard they thought it fitting , that that and the Bill of Attaindor might be pafled together, in which the Lords anfwered their delires; and on the eighth of Ma^ ^omc Lords were appointed to attend the King w.tli both the Bills, and to requeft his Anfwer, which the King told them he would re¬ turn on the Monday following. l6q.I. ; the Lords pafs _ J CHAP. XXX. The Kìn^ Perplexed what Anfwers to return the two Bills , he Pajfed them : The Earle of StrafFords Death. THe King in the mean time was much perplexed in debates within himfelf about chefe two Bills, efpecially that concerning the Earl"of Strajford,of whofe being guilty of High Trcafon, he could not yet convince his Conference, though the generous Earl had fome time before by Letter from the Tower folicit- ed his Majefty, " For preventing of fuch mifchiefs as might happen -by his refufal " to pafs the Bill •, by that means to remove (fayes he) (praifed be God) he could " not fay this accùrfed, but (heconfefled) unfortunate thing out of the way, to¬ wards that bleffed agreement, which he trufted God would forever eftablifh " betwixt the King and his Subjefts, &c. But after long confultations"and ad: vice both with fome Bifhops and Lawyers, till late on Sunday night, on Mon¬ day morning the Parliament again preffing for an Anfwer of the Bills, the King (whether convinced or over-perfwaded , I cannot tell) gave Comm flion to the Earl of Arundel, the Lord Chamberlain, the Lord Privy Seal, and others, for the palling of thofe two Bills > the one for the Earl of : j: The Chill Wanes Death, which the King could never think of without regret: And the other for the Continuance of this Scfiions of Parliament during their pleafure; whereby he not onely loft his Royal Prerogative, but in the end his life. An Aä it was, which inflead of one made above four hundred Kings in England; for which the King was not onely blamed abroad, but by his own Fool Archy at home who laid, " That he did not know whether the King were the greateft "Fool to "rant it, or they the greater Knaves to ask it. The next day after the pafllng of thefc Bills, the King fends a Letter to theHoufeof Lords by the Prince of Wales, teiling them. " That he had the day before fatif- " fied the Juftice of the Nation by paffihg the Bill of Attaindor againft " the Earle of Strafford. But that Mercy being as inherent and infeparable ''to a King as Juftice, he defired in fome meafure to flhew that likewife, by "fuffering that unfortunate man to fulfil the natural courfe of his life inclofe " Iraprifonment ; fo that if he ever made the leaft offer to efcape diredly "or indireftly, to meddle in any fort of publick bufinefs, efpccially wich "him, helhoulddye without procefs. This if it could be done without the " difcontentment of his people, would be an unfpeakable contentment to him. " To which end, as in the firft place he did by this latter earneftly defire their "approbation; and to endear it the more, had chofen him to carry it, who of " all their Houfe was moft dear to him; fo he defired, that they would by con¬ ference defire the Commons contentment likewife ; affuring them that the "exercifeof the mercy would be no more pleafing to him , then to fee both " Houfes of Parliament confent for his fake, that he fliould moderate the " feverity of the Law in fo important a cafe; he would not fay that their " complying with him in this intended mercy, ftiould make him more willing, " but it would certainly make him more chearful in granting their juftGrie- " vances. But if no lefTe then his life would fatisfie the people, he muft fay, " Fiat Juftitia; and fo again recommended the confideration of his inten- " tions to them. At the bottom of the Letterasa Poftfcript he added, "That " if he rauft dye, it would be charity to reprieve him till Saturday. Upon receipt of this Letter, the Lords the fame day expreft themfelves to this effeft. " That this Letter all written with the Kings own hand, we the Peers have "received in Parliament, delivered by the hands of the Prince. It was twice " read in the Houfe, and after ferious but fad confideration , the HouTe refolved " prcfently to fend twelve of the Peers Mefifengers to the King, humbly to "fignifie, that neither of the two intentions expreft in the Letter, could with ''duty in us, or without danger to his Confortthe Queen, and all the young " Princes their Children , be poffibly admitted; which being accompltfhed, "and more expreflionsoffered, his Majcfty fuftered no more words to come " from us, but out of afulnefsof his heart to the obfervance of Juftice and " for the contentment of his people, told us, That what he intended by his " Letter, was with an £ if if it way be done without difcontentment to " his people; if it cannot be, I fay again , the fame I wrote, Fiat Juftitia. CMj " other intention proceeding out of Charity for a few day es rejpite , was upon "certain information, that his Eft ate was fo diffraBed, that it neceffarily re- " quired fome few dayes refpite for fettlement thereof. Whereunto the Lords " anfwered, Their purpofewas to be fuitors to his Majefty for favour to his " innocent Children, and that their Fathers provifion for them might be con- firmed, which was very pleafing to the King; who thereupon departed from ^ the Lords. At his Majefties departure we offered up into ' his hands the ^ Letter it fclf which he had fent, but he was pleafed to fay , what I have J written to ycu, I (Tail be content it be regiftred by you in your Houfe, in which you fee my minde, I hope you will ufe ic to my honour. This was that which at the Return of the Lords from the King was reported to the Houfe by the Lord Privy Seal. And accordingly on VVednefday, May the twelfth, of Cjreat Britain and Ireland. twelfth, the fatal day appointed for this great and wife Earles fall: He was conductedfrom the Tower by a Guard of the Trained Bands, before him 1 went the Marfhals men, next them the Sheriffs Officers with Haiberts; then the Warders of the Tower-, then the Earls Gentleman Ufher bareafter whom came the Earl inmfelf accompanied with the Lord Primate of Ireland, and iome others: at his coming forth of his Prifon, he was to pafs by the Archbifhop of Canterbury's Lodging, whom he perceived looking out of his Window, and cafting up his eyes, made an obeyfance to him , laying with- all, My Lord, your Prayers, and your Blefftng. The Archbifhop was at firft fomewhat afton fhed with grief, but after a little Recolledion faid , " That "he doubted not but when his own turn C3me, God would fo ftrengthen " him, that he fhould tafte of that bitter Cup with a moft Chriftian courage. The Earl being come out of the Tower, the thronging people were very in- quifitive in d ruanding which was he ? Whereupon pulling off his hac, he meekly told them , I am the Man, good people. Being come upon the Scaf¬ fold , he addreft himfelf to the Lord Primate of Ireland, whom he told, " That it was a great comfort to him to have his Lordftip by him that "dtyv that he thanked God and his Lordfhip for it, in regard that he " had been known to him thefe many years. That he fhould be very glad " to obtain fo much filencc as to be heard a few words, but he doubted "he fhould notj ("yet he continued to this effe&J I am come hither (fayes " he; by the good will and pleafure of the Almighty t to pay the laft debt "which I owe to finne , which is Death j and to fubmit to that judge* " mcnt wh.ch hath paffed againft me, I do ic with a contented and quiet " rmnde 1 thank God I do freely forgive all the world: I thank God, " I can fay ic, and that truly too , and my Confidence bears me witnefs, " That in all my Employment fince I have had the honour to ferve his Majefty, " I never had anv thing in my purpofe of heart, but what tended to the " joynt and individual Profperity of King and People - although it hath *' been my ill fortune to be mifconftrued. There is one thing I defire to " free ray felf of, and I am confident I fhall obtain your Chriftian cha- " ricy in the belief of it ; I did alwayes think the Parliaments of England "the happieft Conftitutions that any Kingdom or Nation lived under- *• and next under God the bell means to make the King and his People " happy: fo far have I been from being againft Parliaments. For my " death , I here acquit all the world , and befeech the God of Heaven «■ heartily to forgive them that contrived it, though in the intentions of " my heart 1 am not guilty of what I die for. And it is a great comfort " to me, that his Majefty conceives me not meriting fo fevere and heavy " a pumfhment, as is the uttermoft execution of this Sentence. I wifh this " Kingdom all the profperity and happineffe in the world • I ever did it " living, and now dying it is my wifh -, yet I earneftly defire every one thac " hears me to confider ferioufly , whether the Reformation of a Kingdome "fhould be written in Letters of Blood? Let me never be fo unhappy, " as that the leaft drop of my Blood fhould rife up in Judgement againft " any one of you ; I acquit you all, but fear you are in a wrong way. My "Lord, I here profefle, and with that I fhall end, that I do dye a true " and obedient Sonne to the Church of England, wherein I was born, " and in which I was bred , Peace and Profperity be ever to ft. I defire «' heartily the forgivenefs of evrry one, for any rafhand unadvifed aft, or for "any thing done amifs; andfo my Lords and Gentlemen, farewel: Farewe! "all things of this world. This is the fumme and fubjeft of his Speech; which ended, he prayed for near a quarter of an hour -, then rifing from his Knees, gave this charge for his Son William Wentworth, J — The Civìtt Wirres " Temporal!, and to the Church in things Spirituall; giving him charge "never to meddle with the Patrimony of the Chnrch ; for it would be the " Canker that would eat out the reft of his Eftate. Charging him this again, '* as he would anlwer it in Heaven. Then he addreft himfelf to the Block, and having prayed a while, gave token to the Executioner of his readinefle, who at the firft ftroke fevered his head from his body. Thus fell Stafford, and thus begun Englands Scaffolds at firft to be imbrewed with his (if I may not fay innocent, yet atleaft) blood undeferving fo fevere punifhment •, which I am fure yet drew after it many thoufand innocent lives. A man he was of fuch rare qualities and endowments, that it will beimpoffible for my pen to fet him out, I (hall therefore leave him with that Charaäer which King Charles himfelf gave of him, when he faid, "That he looked upon my *' Lord of Strafford as a Gentleman, whofegreat abilities might make a Prince "rather afraid thcnafharaed to truft him in the greateft Affaires of " State. CHAP. XXXI. Several Officers of State Surrender their places: The JLngliß) Army clifcontentcd: The Bills for Pole-Mo¬ ney , and abolißjing the High Commiffion, ancl Star- C hamber. THe Execution of the Earl of Strafford made many of the great Officers of State, fearing left their greatnefs or fome mens envy might bring them into fome fuch like Premunire, think it better to furrender their places then run the hazzard, efpecially in fuch envious and malicious times • fo the Lord Ccttington leaves his place of Matter of the Wards, which is conferred upon the Lord Say Dr. Jnxon Bifhop of London refigns his place of Lord High Treafurer, for the management of which five Commiflioners are ap- poined by the King; the Marquefs of Hartford is fworn Governour of the Prince, in the room of the Earl of Newcajlle, whom the Parliament after pretended tobe a Papift; and the Earl of Effex is made Lord Chamberlain of the Kings Houfhold in the place of Pembroke •, and in the ftead of the late beheaded Earl of Straffordì the Earl of Leiceßer is made Lord Lieutenant of Ireland. The three laft of thefe Offices were changed by advice of Parliament, the other willingly refigned. Jn the mean time there arifes a great difcontent in the Englifh Army , and huge talk of a mighty Plot againft the Parliament, which was (as pretended) a hatching before the Earl of Straffords Death, and intended for his Refcue, but afterwards put forward upon a difcontent the Ar- * my thus received. The Parliament had Voted the Scots three hundred thoufand pounds, whereof one hundred thoufand pounds (hould be paid at Midfummer, 1642 and the Remainder at Midfummer 1644. But the Scots in the mean time by writing, pretend great neceffity for the fupply of their Army, and demand at prelent 25000. which the Parliament it feems were very willing to grant-, for "though of (freat Britain and Ireland. 1641. < € j! I ', though they had but fifteen thoufand pounds in a readinefs, yet they make bold to borrow ten thoufand pounds out of the fifty thoufand pounds lately ap¬ pointed for the fupply of the Englifh Army, who were in far greater neceflky then the Scots. Whereupon the Lord Piercy (who with feveral other Officers of the Army fate in the Houfe ) flood up and told the Speaker, " That if "fuch Papers of the Scots could procure Moneys, he doubted not but the Offi- " cers of the Englifh would do the like. But he prevailed not to prevent the Scots having the Money • whereupon the Englifh Army muttered, that the Par¬ liament had difobliged them, and in a private Junfto rcfolve to draw up a Paper by way of Petition to King and Parliament, defiring firft Money for their Ar¬ my ; fecondly, not to disband before the Scots • thirdly, to preferve Bifhops Votes and Functions; and fourthly, to fettle the Kings Revenue. The chief Aftors in this bufinefs, were Sir fames Aß/leyi Sir John Cormiers, Collonel Va- vafor^ Colloncl Oneale, and others, who were had under examination, but were cleared. Yet the Parliament made ufe of thefe and fuch like things to the fcandalizing of the King, and endeavouring to render him fufpe&ed by the people, and themfelves more capable of purluing thofe grand deligns they had in hand, of nipping his Royalty and Prerogative, which they proceed to do j firft, by paffing a Bill againft Tunnage and Poundage , which though they do not clearly take away, yet they will not have it taken by the King as a Ducy, but onely as a Gift given unto him for fome limited time of neceflky, as they now granted it. Yet the King having pa fled this, tells them , "That " he did accept of this, as a teftimony and beginning of their dutiful affedi- ® "ons, and that in due time they would perform their promifes when they had " leafure; and he doubted not but they would fee by his pafling of that Bill, " thetruft hehad in their affedions, wifhing it reciprocally fo theirs to him; For by this (fayeshe) I freely and frankly give over the Right of my Prc- deceflors, though challenged and difputed in their times, yet never yield- - . jfl " ed till now. By which they faw how much he put himfelf upon their af- '' fedions for fubfiftence, &c. This done, the Parliament begin to think it > jffl high time to take fome care to be rid of the Scottifh Army, which for fo many | moneths had lain upon the Englifh Charge, and in their Countrey too , onely to ferve the Parliament, and in fome meafure to awe the King to a Conceflion of fuch demands as they fhould make for the fecuring of their own Power, andabafingof his- for now they think themfelves fafe enough in the Saddle: •** ; but to do this, and Iikewife pay off the Englifh Army, a great fum of money muft neceffarily be required ; whereupon they Vote fix Subfidies to be raifed, and befides that, the feldome heard of Tax of Pole-money, wherein the whole Kingdome was affeffed according to their degrees, viz., Every Duke at an hun¬ dred pound, a Marqueffe at fourfcore pounds, Earles at threefcore pounds, Vifcounts and Barons at forty pounds, Knights of the Bathe thirty pounds, Knights Batchelors at twenty pounds, Efquires at ten pounds, and every Gen¬ tleman expending one hundred pounds per annum ten pounds. Nor was the meaneft Head in the Nation excufed his fixpence, whereby vafte furames of Money were raifed; part of which (as fufpecfted by fome, if not the greateft part) was afterwards employed by the Parliament in their Warres againft the King. This Bill the two Houfesprefentcd to the King, accompanied with two others, one for putting down the High Commifiion Court, the other for abolifhing the Star Chamber. Thefe two laft the King was wil¬ ling to have deliberated fome time upon , and would at firft have onely paffed the Bill for Pole-money, which the Houfe of Commons being advertifed of, Voted, chat all three fhould be paffed , or none at all; nocwithftanding which the King paffed that for Pole-money , and demurred on the other two, till underftanding the difcontents of the Parliament, three dayes after he came to the Houfe of Lords j where he told them, " That he could not but be I fenfible iHi' ' ■ v. The Civil! IVarres " fenfìble of thofc reports of difcontent, which he had heard was taken by " fome for his not parting thofc Bills before ; and that he thought it very " ftrange that two things of fo great importance (hould be expeded from "him without an allowance of time to confider of them. That he won- " dered how they could poflibly harbour any difcontent, if they did but '■remember how much and what he had done for this Parliament; as his ■* parting the Bill, that the Judges hereafter fhould hold their places, Quam "diù fe bene gejferint; his bounding the Forreft Laws, taking away Ship- " money, eftablilhing the Subjeds property in Tonnage and Poundage, '■ granting the Bill for Trienniall Parliaments, free Juftice againft Delin- "quents, &c. concluding to all gracioufly, that he would omit nothing " which fhould give them juft content. And fo he parted the other two Bills, (thus every day more and more giving way to the declenfion of his Royall Prerogative) which done, he propounds to the Parliament the de- fires of his Nephew the Prince Eledor Palatine, which were, that he (hould fend an Embafladour to the Diet then to be held at Ratübone ; and fearing left in that Negotiation he fhould not receive fo good an anfwer as he might in juftice exped, he intended in his own Name to publifh a Manifeflo, which he yet would not refolve upon, but by con¬ sent and advice of Parliamennt: and therefore referred it to their confide- ration; to which they readily artented, and Sir Thomas Roe, a Member of the Houfe of Commons was fent to the Emperour at Ratübone about it, but without fuccefs. About this time the Queen Mother of Prance, Maria di Medices, who fometime before had departed out of England, dyed at Collen ( whither (he had repaired, accompanied with the Earl of Arundel) who likewife foon after followed her fate; and (hortly after the Earle of .Holland is made General for disbanding of the two Armies, whereby the Na» tion was for the prefent rid of that vafte Charge. CHAP. of (fr eat Britain and Ireland. 5 164I CHAP. XXXII. The Judges Queflioned about Ship Money : The Kings Journey to Scotland ; Diforders thereupon. ANd now the Parliament begin again to take time to look after their long intended calling to account of thofe Judges who had formerly given their opinion for Ship-Money,to wit, judge Bramfton, Baron Trever , Baron Wegen, Baron Davenport, and Judge Crarvlj, whofe Charges refpetìively were brought in by feveral Members of theHoufeof Commons, who in fee Rheto¬ rical Speeches endeavoured the aggravating of theirCrimes; but againft Judge Barkley there was brought in a Charge of High Treafon, though I could never hear that any of them fuffered. They likewife to pleafe the Presbyte¬ rian Party, who were thofe that were like to ftick to them, and were they indeed who had raifed them to the height they were now grown to, make an Order for taking away of all fcandalous (as they were pleafed to term them) Pidures, CrofTes, and Figures within the Churches,as they did not long after thole withoutj for nothing could efcape their Clutches,not the very figns and fign-pofts could be quiet; nothing that had the lealt form of a Crofs, but was accounted fuperfti- tious and damnable j and this bufinefs was committed to thebufie brain of Sir Robert Harloe. The King had fome time before this given intimation to the twoHoufesof his intended Journey into Scotland, and had fo far prepared for ir, that he was now even ready to fet forth, when the Parliament fend to him to defire him that he would yet defer it for a fortnight longer, in regard there were many Bills of great importance for fettlement of the Government of the Kingdominhis abfence to be paficd ; to which the Kng anfwered, That they had had fufficient warning of his intended Progrefs, and therefore might have haftened their bufinefs to that purpofe; however the fame day he palfed fuch Bills as were in a readinefs; as a Bill for Knighthood , another for free jmaking of Gun-powder and Salt-Peter, and fome others concerning private Affairs: He likewife Commiffionated the Lord Keeper , the Lord Privy Seal, the E«1 of Lindfey, the Earl of Ejfex, the Marquefs of Hartford, the Earle of Bath, and the Earl of Dorcet to pafs Bills in his abfence •, he likewife figned another Bill, conftituting the Earl of Effex General of all his Forces on this fide the Trent, by which Commiffion power was granted him to raife Forces in time of neeeßky •, but he denied the Earle of Pembroke to be made Lord High Steward of England in the place of the Earle of Arundel, who was ab- fent; and that the Earl of Silülury fhauld be made Lord Treafurer. On the tenth of Auguft the King took his Journey towards Scotland, (the Parliament Parliament having the Sunday before fate in fhe Houfe from morning co night, though bunday. they Voted it (hould be no Prefident to any other Court of Judicature, &c. to draw this into example for their encouragement, in negledmg the dueobfer- vationof the Sabbath) whileft in the mean time the Parliament Adjourned un- Pa liament til the Twentieth of Oftober, leaving onely a (landing Committee of the Houfe Adjourned, of Commons, confiding of fifty Members, to confult of matters during the Recefs. During the Kings abfence in Scotland, Diforders began to be more rife then formerly they were; Learning and the Orthodox Party being utterly difcountenanced, and all manner of Sefts, Schifms, and Herefies con¬ nived at bv the Members of Parliament; the Publique Service ufed in the 7 I 2 Church' * y I <541. The Chill Wanes Church of England ever fince the firft Reformation , publiquely defpifed and torn in pieces, whileft Tub Preachings and Conventicle-Lefturcs were liftened to as to Oracles. Sir iVittiam Cole fafpe&j forae danger. Difcovers the Plor. His Letters mifcarry. 0wen Ocan- nailj reveals the defign. The Difign, CHAP. XXXIII. The Breaking forth of the Irißj Rebellion. B Ut now begins the Scene to appear more Tragical; the Scotch Rebellions though in themfelves in nature and confequence bad enough, yet held not any paral'el with one which on the three and twentieth day of Oftober broke out in Ireland : A Rebellion without doubt which had required nofmall time of Contrivance, fo general was the infeftion ; yet fo clofely carried , thac not any the leaft fufpicion was had, except the bare apprehenfions of Sir Wil¬ liam Cole, who on the eleventh of Ottober writ a Letter to the Lords Chief Ju- flices, intimating the great refort which daily came to Sir Pheltm Oneal, in the County of7jnj»f,and to the Lord Macguire, in the County of Firmannogh, Per- fons both abfolutely fitted (for any bloody,viilanious,or rebellious, defign) befides the many Journeys made by ^Macguireinto the Pale, and his continually being bufied about Letters and Difpatches, rendered him the more fufpefted by Sir William Cole; who though his firft advice was taken little notice of, (fuch a bloody defign not beingable to creep into the breaft of any one, but its hor¬ rid Contrivers) yet he fo far ufed his endeavours, that by the means of feve- rallri(h,the whole Plot was revealed to him, which by Letters of theone and twentieth of Oftober he fignified to the Lords Chief Juftices-, but the Letters mifcarried.fo the defign went on. For the effeftingof the main part of s^hich (•m,.the feizing of theCaftle at Dublin) which befides the great quantityN^f Arms in it, was the place of the refidenceof the Lords Juftices, whofe furprifal would very much have furthered the Rebellion; many of the Papift Gentry repaired privately too and about Dublin, that they might be ready on the nighc appointed to execute their intended furprize: but ftrangely and indeed mira- culoufly were they prevented in this grand part of their defign- for one Owen Ocannal/y an Iriih Gentleman, but of Englifli Education and Proteftant Re¬ ligion, having formerly been intimate with Hugh Oge Mac-Mahon was by him fome few dayes before invited from Monejmore in the County of London Derrj, to come to him to Conmer in the County of Monogham; he came accordingly, but at his arival there he found Hugh Mac-Mahcn gone to Dublin, whither he followed him, and arrived there the two and twentieth of Oftober at fix of the clock in the evening, and immediately went to feek for Mac-Mahon, whom he found at his lodging, and by whom he was condufted to feek out the Lord CMacguire • whom they not finding, returned back again, where in lome private dilcourfe Hugh told him , that that night a great number of the IriftiNoblemenPapiftswould arrive in Town, who with himfelf would feize theCaftle by morning, then force the City with the Ordinance, and deftroy al t ie Proteftants; that others were appointed to feize on other places in all parts 0^ the Kingdom, and to fall upon the Englifh every where at the • °Ur muF'u1d, which was ten of the clock the next mornings and that it was impoJtible by any potting or fpeed to prevent it: however Conally moved Mac- Mahon rather to difcover it to the State to prevent the mifchief- to which he an- of (freat Britain and Ireland. 53 anfwered, That they owed their Allegiance to the King, and would pay T s it to him: but what they did was againft the Tyrannical Government over °4 them i and to imitate Scotland who gat their Priviledges by the fame courfe • fwearing, that they would notnow part, buc go together to the Caftie; and thac if the bulinefs were betr aid, fome body fhould dye for it: Neverthelefs Conuäy feigning fome neceffity of eafement, leaving his Sword in pawn, came out of the Chamber, Mac-Mahons man following him into the Yard , yet he in a trice efcaped over a wall and two pales, and fo came to the Lord Juftice Parfons, to whom he declared the bufinefs, but fo ftammeringly , and himlèlf fomuchdiftempered, that the Lord Juftice feemed to give little credit to it, however with fpeed and fecrecy he ordered ftrong Guards in every corner and p having imparted it to Sir John Bur lace, Sir Thomas Rotheram , and Sir Thorni»u 4^^" Meridith Chancellor of the Exchequer, before whom Conally was about ten of the clock at night examined, when he gives a more fober and ferious relation then he had done before of his being with Mac-Mahon, 'and of the feverall pafifages between them, much to the effed above-written; whereupon the Juftices inftantly fends and feizes Mac-Mahon and his man, who being brought Mac-Maben before them, without more ado confefled the whole Plot i that that very day taken. all the Forts and Caftles in Ireland would be furprized ^ that he with the Lord Macguire, Hugh 2? ;V#f, Captain Brian One ale , and others were Come to fur- prize Dublin Caftie, twenty out of each County being to meet, were to joyn with them there. The Plot being thus deteded, Macguire and others are immediately feized on • the Councel in the mean time removed into the Caftie, in regard of the great confluence of ftrangers which they perceived to flock to the Town, Hugh Birne, Roger Moor, Plumket, and Fox having fufficient items of the difcovery, efcaped over the River, though near thirty in all were taken. The Defign being thus happily prevented in Dublin, it was the great care of the Lords Juftices to endeavour a prevention of it in other parts alfo • which they did by publifhing a Proclamation, " Of the Difcovery of a difloyall Proclamation "and deteftable Confpiracy intended by fome evil affeded Irifh Papift a- " " gainft the Lives of the Lords Juftices and Councel, and others his Ma- " jefties faithful Subjeds throughout this Kingdom: They therefore r.qui- *' red all good Subjeds to betake themfelves to their own Defence; and " advertife them with all fpeed of the Occurrences which might concerne " the Peace of the Kingdome; and that care be taken that no Leavies be " made of men, or any man to march upon any pretence foever. 13ut this proved to little purpofe , for it was gone too far to be fo eafily flopped, the Lord Blany that night coming into Dublin with the news of the furprilal of his Caftie, Wife and Children, by the Rebels in Monnaghan, CHAP. XXXIV. The Lords Jnfiices of Ireland prepare for Defence i Their Letters to the King and Parliament in England ^ Lhe general Defection of Ulfter } The Rebels Decla¬ ration. THe continued news of the warlike proceedings of the Rebels brought to Dublin by the flying and perfecuted Englifh, made the Councell very earneft in preparing for their own defence j they found in Dublin ftores, Armes ^ The Civiü iVarres T^AI for ten thofand men, with Artillery, Powder, Match and Lead proportionable j * but how to get men to thefe Arms they knew not, both the Officers and Soul- diers of the late ftanding Army being d.fperfed into all parts of the Kingdom • and perhaps many of the common Sould.ers (dilcontented as much at their disbanding lately, as attheir not being permitted to go over into the fervice of the King of Spain) had many of them taken part with the Rebels, fo that it was almoft thought impoffible to raife fucha number as might be able to de¬ fend Dublin, much lefs make head againft the Rebels in the North: But that which was the greateft inconvenience of all was the want of Money, the Ex¬ chequer being empty, and the Kings Revenues and the Englifh Rents for the laft half year were either in Tennants or Colledors hands, and fo fure to fall into the Rebels pofleflion. To fupply thefe neceffities Letters are difpatch- ed to the King in Scotland, declaring the fad condition of the Kingdom- that they now onely depended upon Gods affiftancce, the fidelity of the old Englifh Pale, and help out of England} that their Army confifted but of two thoufand Foot, and athoufandHorfe, and thofe quartered in remote Garrifons, thac they would very hardly be drawn together. Thefe Letters were fent the one to Secretary Vane in Scotland, where the King then was, by Sir Henry Spotfwood ■, the other to the Lord Lieutenant in England by Owen Oconnally, the firft dis¬ coverer of the Plot; to which Letter the Lords Juftices had added a Poft- fcripr, defiring that a reward might be given unto him, as a mark of the Kings bounty for his difcovery , which foon after was done by the Parliament, who ordered him five hundred pounds ready money, and two hundred pound per annum Penfion till a greater Eftate in Land could be fettled upon him : But in the mean time the Rebels in Vlßer under the Conduft of Sir Phe/em Oneale, affift- ♦ V '■ The Parliaments Proceedings about the Iriflj Rebellion : The Rebells Proceedings there. THe Letters fent by the Lords Juftices to the Earl of Leicefier Lord Lieu¬ tenant Eled , with others to the Parliament of England, and to the Councel, arrived at' London upon the laft of Oäober at night- and being the next morning read inthcH^feof Lords, were immediately Tent down to the Hcufe of Commons by the Lords, Keeper, Privy Seal, High Chamberlain, Admiral, Chamberlain of the Houfliold; Earles of Bath, Dorcet, Leicefier, Holland' Berks, and Brifiol• the Lords, Mandevill, Say, and Goringwhich being read, the Houfe refolved into a Committee , and ordered that fifty thou- fand pound fliould be immediately provided ^ that the Lords fhould be mo¬ ved, that the Members of both Houfes fhould joyn.to declare to the City of London their prefent neceffities, and entreat the Loan upon publick fecurity ; that a feled Committee be anointed for the Affairs of Ireland that the aforementioned fummes of five hundred pound, and two hundred pound per annum be giyen to Orven Oconnally for his difcovery • that all Papifts of quality in England' be fecured, and no perfons whatfoever be permitted to go into Ireland without pafs firft obtained from the Committee appointed for Irifh Affairs; all which was readily affented to by both Houfes, and within foma dayes after many other Particulars of very great import were refolved on to the relief of thatCountrey , to its greater fupplies of Money, Magazines of Viduals, and Ammunition, courfes taken for the raifing of Forces for their re¬ cruits, and (hipping ordered for the guarding of their coafts, and many other Particulars: But when the fecond difpatches of the fifth of November came from the Lords Juftices, preffing for fpeedy fupplies, the Parliament Vote other two hundred thoufand pounds to be borrowed of the City of London for the more fpeedy eflfeding of it. And the better to encourage the Citizens to this Loan, they make an Order to fecure them for their Montys formerly lent, and to allow them the full Intereft of eight per cent. In the mean time the Lords Juftices beftir themfelves to theutmoftof their power in Ireland, where the Rebellion had almoft fpread its felf over the whole Kingdom ^ for many Lords who before lived unfufpeded in Dublin, now left the City , and ran into the Countreyto the Rebels 5 and fome who had been by the Lords Juftices (hoping that their confidence in them might have won them from joyning with the Re¬ bels) trufted with Arms, and Commiffionated to raifemen for the fupprefiion of the Rebels, ran away, and armed the Enemy to cut the Englifti Throats j fuch were the Lord Gormanftone, and other Lords of the Pale whileft in the . mean time great care was taken to Vidual the City of Dublin by the Lords Juftices. And in regard that by the great confluence of the poor diftrefled En- glifh who fled thither for fuccour, the City was fo filled, that impoflible it was that relief could be given to all j by means whereof fo many periflied either through their wounds given them by the Irifh Rebels, or for want of that relief which could not be given them; that neither the publick burying places could contain the Corps, nor were the living able to bury the dead : and in fhort time the City was likely tobe infeded- to prevent which , the Lords Juftices were mforced to forbid the accefs ofany more ftrangers to the Town, which was now piecty well yiduailed, and fortified in cafe of any imminent d; ager fome -roops of Horfe, and Regiments of Foot being comraiffionated to be'raifed for of (jreat Britain and Irdand. for its defence, to wit, Sir Carles Coots, and the Lord Lamberts, who made up their Regiments out of the fled Englifh; feveral Troops likewife were come from the In-land Garifonsto Dublin , viz,, the Earle of Ormonds, Sir Thomas Lucas his, Captain tSlrmflrongs, and Captain Tamers; fo thaC'the .Ci¬ ty had a pretty confiderable force within it - whileft the Parliament of Ireland who had before the Rebellion been adjourned to the feventeenth of November was now upon confideration prorogued to the twentieth of Pebruary, wffich highly difpleafed the IrifhPapill Members, who grumbled that fo much time (hould be loft and no Grievances redrefled: whereupon they had liberty to fit for one day, provided that they would make a full and clear protcftation againft the Rebells. So on the feventeenth of November a thin Parliament met, and very loath were the Papift Mdmbers to ftile it a Rebellion; but at laft were indu¬ ced to make this proteftation, " Whereas the happy and peaceable èftate òf this " Realm hath been of late, and ftill is interrupted by fundry perfons illaffeäed " to the Peace, &c Who have trayteroufly and re|j^lioufly raifed Armes, &c. 4 4 The Lords and Commons in Parliament do. deteft* and abhor their abominable " a&ions, and fhall and will maintain the' Rights of his Majefties Crown and 44 Government, Peace and Safety thereof, againft all oppofers; and if they fiiall " not within a time limited, lay down Arms, fubmit and be fuiters for Grace and " Favour then the Lords and Commons will take up Arms, and will with their 44 Lives and Fortunes fupprefs them. And in purfuance to this proteftation this Parliament firft tryed by fair means to reduce them to obedience; to which end they fent Commiffioners to Treat with them; but they grown infolent with their latefuccefles,flighted the Commiffioners, tore their Letters, and returned a fcornful anfwer. The whole care of this War was by the King committed to the Parliament of England^ who to anfwer their truft, make (how of a great deal of zeal for the fpeedy fubduing of the Rebels, which they exprefs by an Order of theirs of the twelfth of November, thus. " The Lords and Commons in this-pre- 4< fcnc Parliament, being advertifed of the dangerous confpiracy and Rebellion *' in Ireland, &c. do intend to ferve his Majefty with their Lives and Fortunes " for the fuppreffing of this wicked Rebellion , as (hall be thought moft effeftual by the Wifdome and Authority of Parliament, and have provi- " vided for a prefent fupply of Money for the raifing of fix thoufand Foot, and 44 two thoufand Horfe to be fent from England, being the full proportion de- te fired hy the Lords Juftices in that Kingdom, with a refolution to add fuch fur¬ ther fuccours as the necelfity of thofe affairs (hall require. As alfo for Arms, " Ammunition and Viäuals, and other neceffaries ; and have appointed three "Ports, Briflol, iVeßchejler, and one other in Cumberland, for Magazines 44 and Store-Houfes: they refolve likewife to become fuiters to his Majefty , for 4t encouragement of fuch as (hall upon their own charges, raife Horfe or Foot 44 for this fervice, that they (hall be honourably rewarded with Lands of Inherit "tancein Ireland: And for the better inducing the Rebels to repent, they do 44 hereby commend it to the Lords Juftices, according to the power of Commif- ' fion granted them, to beftow his Majefties Pardon on fuch as (hall in a con- 44 venienc time return to obedience: the greateft part whereof they conceive 41 have been feduced upon falfe grounds. And likewife to beftow rewards as (hall " be thought fit upon fuch as (hall bring the Heads of the Principal Traitors, &c. And for the better effefting of the bufinefs, the Earl of Ormond is by the Earl of Leicefier commiffionatcd Lieutenant General of the Forces there;whofhortly af¬ ter received a confirmation of that Command from the King himfelf; together with a Sura of twenty thoufand pound in Pieces of Eight, which Money palled for four pence a piece more there then it did in England. The Lords Juftices in the mean time take care for the relieving of Tredagh. which they every day expetted would be befieged by the Rebels: they fortified the Millifont with four Guns, the beft place of Guard about the whole Town; whilft the Irifh who lay about K is 57 164I» -The Parlia¬ ment of Ire¬ land. Proteftation againft the Rebels. The Rebels Infolence. ic tc — '.58 164I. The Englifh routed at Gil- lingfione Biidgf. The Lords of the Pale Summoned to Dublin. The Chill Warres it endeavour by private Commiffioners to corrupt the Lord Moore, whom they proffer to make General of all Meath and Louth, but he was too wife and honeftto be tainted ; which they finding , and inraged at it and his offers, to raife fix hundred men, provided thofc four odd companies might be ad¬ ded to them to make him a full Regiment, (which yet was not effected) taking opportunity of his being at Dublin , plunder his Eftatc, and took his Houle at Mellifont by Storm , "putting all they found in it to the Sword ; though with the lofs of an hundred and forty of theirown men; when the whole number in the Houfe were but twenty four Mufquers and fifteen Horfe, befidesfome few ferfants, whereof none but the Horlemcn efcaped- whomakinga defpe- rate Sally got fafe toTredagh: yet they afterwards earneftly folicited the Lord Moor, promifing full reftoration of all his lofles, if he would yet come to their Party', which he would not hearken to. But a greater exploit then the taking of Mellifont, was the Viftory which the Irifh foraetime after obtained over a Party of fix hundred Foot and fifty Horfe near Gillingftone Bridge. Thefe on the two and twentieth of November being fent from Dublin to Tre. dagh, lay the firft night at Swords, fix miles from Dublin , and had advice to halten on towards Tredagh the next morning, and accordingly the Governour had iflued out with a confiderable Party of Horfe and Foot to meet them: but thefe Souldiers in a mutiny refufcd to march any further then Balradbrug fix Miles more; and the next day a little before they came to Gillingfionc Bridge, were in a great Stubble Field met with by about two thoufand of the Ene¬ my. The Fog was fo great that they deicerned them not till they were with¬ in Mufquet-fhot , whereupon the Commander of the Englifh drew up his men, and the Rebels making a ftand, drew up likewife. The Englifh fcem- ed very refolute to fight ■, but the Commander unwarily commands a Coun¬ ter-march (whereby they were driven upon a Ditch) which the Enemy in¬ terpreting to a flight , giving a great ftiout , feli furioufly on, and put them into fuch a confufion, that they immediately threw down their Arms and ran; moft of the Foot were cut off , among which were two of the three Captains , the other Captain and one Enfigne efcaped , the fifty Horfe made their way clear to Dublin, the Governour of Tredagh upon advice of the Scouts iflued out with fix hundred Foot, and two Troops of Horfe, but cane too late. Thefe Irifh Forces were fuch as had been raifed by the Lord Nettervile , Gormanftcne , and others of the Pale , who had been intrufted with Arms by the Lords Jufticcs but now having made an agreement with the Northern Rebels , and drawn them within the Pale, they had fo feated their Camp within the River Boyne , that all inter- courfe was interrupted between Dublin and the Pale ; whereupon the Lords Jufticcs thought fit to call a grand Councel of the Lords in that Diftance of Dublin, telling them by their Letters, that the State had prefent occafion to con¬ fer with them concerning the prefent eftate of the Kingdom ^ and therefore defired that they would be at Dublin the eighth day of December, when the other Peers would likewife be there. This Summons was fent to all the Lords of the Pale, as well as to Fingale, Gormonfione, SDme, Dun/"any , Nettervile, Oliver, Louth, and Frimbleftone, who had rifed Forces, and aflociated them- felves with the Rebels. Thefe to this Summons return anfwer to the Lord of Ormond, "That they had heretofore prefented themfelves and freely ofFer- ' ed their Advice and Service , which was neglefted ; that having received advertifement that Sir Charles C°<* had uttered at theCouncel-board fome I fpeeches , tending to execute upon thofe of their Religion a general Maf- 'tecrc , by which they were deterred to wait upon their Lordfhips , not ^ aving fecurity for thefafety of their Lives, but rather to ftand upon their «« a I * ? fll0uld be rccured from Perilsi neverthelefs they all pro- ~ teüed 10 cont,ue faithful advifers and furtherers of his Majcfties fervice " con- of (fr eat Britain and Ireland, "concerning the prefent ftatc of this Kingdoroe, and the fafety thereof. To this Letter the Lords Juftices give anfwerby Proclamation, endeavouring to give fatisfaftion to the Lords, and to juftifie Sir Charles Coote from any fuch pretended Speeches, or any intention thereto, with defires, that they would attend the Councel-Board on the feventeenth of that moneth: but inftead of returning anfwer, Nettervile and others of the Pale gather Forces, and encamp at Swords within fix miles of Dublin • which the State hearing', immediately fend their Warrants, commanding them to disband, which they pofitively refufe, (whereupon the Earl of Ormond, Lieutenant General of the Kings Forces, had order to fupprefs them by force) but they joyn with the Northern Rebels in befieging Tredagh, from before which (after various fuc- cefles on both fides, but moft dammage to the Rebels) tired out with ill fuccefsj they raife their Siege. But let us now return to England. CHAP. XXXVI. The King magnificently Feafled by the City of London at his Return from Scotland : The Parliaments Pe¬ tition and Remonftrance. THe King during his being in Scotland had been fo complacent to that Na¬ tion, that nothing whatfoevet was defired or propounded in that Par- liament, which he readily aflented not too ; in requital of which, and in part of gratitude,et promife to then ever was emonfirance it the Kings de- jdifjing, That nalignant par- he underftood e knew to be their Petition 5 with all the the depriving up. is of Paf" ilernv.he • - ; ß ? of (jreat Britain and Ireland. Separtifts and Schifmaticks, with which this Kingdome hath of late fo much abounded. To the third prayer of their Petition, for the remo- vall of eviil Councellors; he anfwers, That there is none of thofe fo near him either in place or affeftion, whom he will not leave to their particular Charge, and fufficient proof by Law; but to grant to them the Choice of his Privy Councel, were to debarr himfelf of that natural Liberty which all Free men have, being befides the undoubted Right of his Crown, to call to his Councel whom he pleafcth; yet he would be carefuil to eleft perfons of ability and integrity, and fo concurring with them in the not alienating the forfetied Lands in Ireland, though he doubted it unfeafonable to conclude on before the Warre were finilhed, thanking them for their chearful engagement, for fuppreffion of that Re¬ bellion: he adds, that he doubts not of their Loyalties in performing of their promifesfor fupportof his Royal Eftate,&c. And becaufe the Parliament had by publifhing their Remonftrance in Print, laid open to the people all the misfortunes of this Kingdome from the time of hisfirft entrance to the Crown, to the beginning of this Parliament. The King Publiftics a De¬ claration to juftine his own Honour and Government, in the end of it, cohjuring all his good Subjeds of what Degree foever, by the Bonds of Lovè, Duty , and Obedience, to remove all doubts and fears , and then (if this Nation had not prepared an innevitable Judgemenr for us ail) God would yet make him a glorious King over a free and happy people. But this produced little good effe&s-, for foon after followed a Tumult of the Londoners, a rabble of the Prentices, and other loofe Perfons coming down to Whitehall and Wefiminßer, uttering many infolent and contemptu¬ ous words againft the King and Bifhopsr, (to which they were conilantly encouraged by their Ledurers and Preachers in their Pulpits) the caufe why the King fent to the Lord Major of London to call a Common-Council to receive his pleafure, which was carried by the Chancellour of the Dutchy; who tignified to them in the Kings name, the Riotous Aflembly of Peo¬ ple aboUt his Palaces of Whitehall and Weftminfier, commanding their care to prevent the like, efpecially on the enfuing Holy dayes; whereupon a double Watch and Guard was appointed, which for the prefent kept the rabble in fome order. Soon after on^thc twenty eighth of December the King acquaints the Houfe of Lords by the Lord Chamberlain , that being fenfible of the raifeties of Ireland, and yet the fuccours fo flow, he would as he had offered raife ten thoufand Voluntiers if the Commons will undertake to pay them. In the rriean time, to exprefs his deteftation of that horrid Rebellion,by his Proclamation of the firft of January x he denounces them Rebells and Traytors, with all fuch as did adhere to them or abett them. The not ha¬ ving done'which before this time, was afterwards very often by the Parliament caft in the Kings teeth , and made ufe of to draw away the peoples affeàiòns from him . TT — ■> •.:>S" 1 fwrnumv' 6i 1641. .nun CHAP. 6i I <541. The Chill Wanes CHAP. XXXVII. Kimbolton and the Five Members Qneflioned. B if ops A ecufed of HighTreafon. The King goes to Hamp¬ ton Court. Petitions for the Militia. The Queen and Princefs Mary^o ft? Holland. King now finding how high the Parliament flew, and that hi» grant- X ing of one thing ftill emboldened them to ask another, till they would wholly have eaten out his Royal Prerogative ; and being fenfible that moft of thefe things were done by the means of the Lord Mandevil, Son to the Earl of Mancbeßer in the Houfe of Lords, and Pjm, Hampden, Hollüy Haßer igt and Strode, the moft aftively feditious men in the Houfe of Com¬ mons , againft whom he had received intelligence of high mifderoeanours; that they had defigned a correfpondency with the Scots, and countenanced the late Tumults from the City,&c.The better to draw up his Charge in Articles againft them on the third of January, he by Warrant commands Sir Wil¬ liam Killigrerp, and Sir William Flemming to repair unto the Lodgings of the feveral perfons aforementioned, and tofeal up their Trunks, Studies, and Chambers; and likewife by his Attorney General Sir Edward Herbert, de¬ mands the deliverance of thofe five Members, whom together with the Lord cMandevil, he fent a Serjeant at Arms to apprehend; but they were gone out of the way, and the Parliament having notice of the Kings intentions by Duke Hamilton(who ufed to acquaint the Houfes with the Kings moft fccret Councels) immediately Vote, That if any perfon whatfoever fhould come to the Lodgings of any Member of that Houfe, and then offer to feal the Trunks, Doors, or Papers of any of them , or fcize upon their Perfons-y fuch Members (hall require the aid of the Conftable to keep fuch perfons fo feizing in fafe Cuftody, till the Houfe did give further Order. And that if any perfon whatfoever fhould offer to Arreft or Detain the Perfon of any Member of that Houfe, without firft acquainting the Houfe therewith, and receiving further order from thence, that it (hould be lawful for fuch a Mem¬ ber , or any perfon in his afliftance , to ftand upon his or their Guard of De¬ fence, and to make refiftance according to the Proteftation taken to defend the Privilcdges of Parliament. The King being informed of this Vote againft the Seizure or Arreft of any of thefe five Members by any of his Officers, refolves himfclf t« furprife them next day fitting in the Houfe; in purfuance of which, onTuefdaythe fourth of January, taking the ValCgrave with him, and attended by his ufual Guard of Pentioners, and fome few of his Courtiers, he went in Perfon to the Houfe of Commons, and fo knocks at the » Door -, which being opened , he (commanding his Guard to tarry without) enters to the amazement of the whole Houfe, who feemed ftartled at his fudden Prefer^e; yet the Speaker rifing, the King (firft looking about him) demanded whether thofe five Members were there or not; to which he rea¬ dily returned snfwer, "That he had neither eyes to fee, nor tongue ' to anfiver any thing but what he was commanded by the Houfe. Where¬ upon the King fitting down , tells them, " That he was very forry for , that occafion of coming to them , that he had the day before fent his '' Serjeant Ki- %, ',Je; to Hainp. The QHmtni ^ «wju tijjfDiigrant. 'ff, till [hty (coujjj in*mlt Son loche 'i H*fk, Mil, itht Houie of Com» r communis Sir nl nie Lodging? of tlit 'ranks, Stufe, w4 EJwrd Herbert, Je- iMff vgs mot ftcid ■ fhonId come I to Zeal the :fieir Perions; :fi perfons fo And that if 'erfonof any creteith, and fucb a Mein¬ hard of De- j to defend of (jrcat Britain Ireland. •*Serjeant at Arms to apprehend forae perfons, who upon his command, r • '1 - Jo Ii»ÌR ,K/ 1 t jo ■ , The Parliaments Demands of > and the Kings feveral Anfwers touching the Militia. THe King at his return from Dover fent for the Prince and Duke of Tork^ to attend him at Greenwich , and from thence, to the City of York. -, which place (by realonof the continued Tumults of the London Rabble) he thought now the fafeft for his Refidence to which pur¬ pose he foon after fet forwards , and at Theobalds was encountered with of (jreat Britain and Ireland. with a Petition, for the granting of the Militia to them; this they had done once before (chough with a denial) pretending ( as now likewtfe they did ) many fears and jealoufies of a Malignant Party, &c. necefii- tating them to this requeft. Thisfecond demand of that which was fo ap¬ propriate a right to the Crown, ext-rcamly amazed the King, and to it he anfwers; That they talked of fears and jealoufies: but if they laid their hands on their hearts, they would finde thac he had more reafon tobedifturbed with fears and jealoufies which that Meflage could nothing leflen. That he thought his laft anfwer had been agreeable to what in juftice or reafon they could ask, or he could grant, which he fhould not in any point alter. And becaufe they in their Petition had taken notice of his abfenting himfelf from London, and fo from his Parliament , and the taking his Son the Prince with him , of whom they defired the tuition : He tells them , Thac he wifhed his refidence near them mighc have been either fafe or honourable ■ and for his Son he would take fuch a care of him , as might juftifie him to God as a Father , and to his Dominions as a King. Hereupon the Par¬ liament proceed to Vote, that all thofe jealoufies and fears which they had pretended in their Petition were true and rcafonable ; that the Kings anfwer was a flat denial, and unfatisfaftory; and that the Kingdome fhould be put in fuch a pofture of defence as fhould be agreed on by Parliament: to which the Ear! of NorthumberlandLord Admiral, had order to give fpeedy directi¬ ons for the rigging and fitting out of all the Royal Navy for the Service of the Commonwealth. And inftead of another Petition , a Declaration was formed by both Houfes, ftill harping upon their old ftring of the King- domes grievances, fears, and jealoufies, &c. Whereupon they again de¬ mand the Militia, and that info upbraiding a way, that the King at firft hear¬ ing of this Remonftrance , could not but expreis fomewhat of indignation, (efpecially when he looked upon the bringers of it , the Earls of Pem¬ broke and Holland, the laft of which , who read it co the King , having been from his Bed-chamber-man raifed to chat honour, and made a perfonas in¬ timate in his Councel as Affeäion ;) for herein they had ripped up whatever they could invent of fcandal to the King; and particularly that his Majefty (hould grant his pafs to Mafter fermin (now Earl of Saint Albanes) then accufed of High Treafon, for endeavouring to feduce the Englifh Army then in being againft the Scots, and that his Majefty fhould fo much further a Seditious Petition then delivered him by Captain Leg, in behalf of that Englifh Army , astofet C. R. to it. To the firft of thefe paffages , the King told Holland, 'Twasfalfe, and to the fccond , that 'cwas a lye; and in fumme gave them this anfwer to all. That he was confident the Parliament had worfe Informations then he hadCouncels. That as to his coming near the Parliament, they had given him little caufe, fuch Declarations not being the way to it; for in all Ariftotles Rhecoricks he could finde no fuch Argument of Perfwafion. And for the Militia he would not grant it an hour, a thing never asked of any King, with which he would not truft his Wife or Chil¬ dren: but to fatisfie or rather undeceive his Subje&s, and wipe off thofe fcandals which the Parliament had endeavoured to throw upon him, He fome dayes after publifhes a large Declaration in anfwer to their Remon¬ ftrance ; wherein he renumerates thofe many afts of grace which he had done, during the SeiTions of this Parliament: fo fatisfaftory to many of the moderate Members, that one of them demanded in the Houfe, What they could deßre mere ? to which Mafter Hampden immediately replyed, To part with his Porvcr and trufi it with us ; which fince he could not be induced to do, they refolve to be their own carvers, and take it from him. r^, and to lüpprefle all Forces of Horfe and Foot coming together by the Kings Coramiffion and Warrant • and the King by Proclamation forbids all his people belong¬ ing to the Trained Bands, or Militia of the Kingdom, to obey any Order or Ordinance of any of theHoufes, according to a Statute, 7 Edw. z. and commands all the Inhabitants of the County of Tcrk^ to meet him at Hey¬ worth Moor upon Friday in Whitfunweek, which the Parliament forbids them to do, declaring it to be contrary to Law. And to prevent the King as much as they could of Money, in regard they knew that the Crown Jewels were pawned by the Queen it Holland, and likely to fup- ply the Kings neceffities, they Order, " That whofoever hath or (hall "pay, lend, fend, or bring any Money in fpecie into this Kingdome for or " upon thofe Jewels, or accept of any Bill thereafter, (hall be an enemy " to the State. During thefe paflages, many both of the Lords Houfe, and likewife of the Houfe of Commons defert the Parliament, and flyaway to the King , for which nine Lords, viz.. the Earles of Northampton, De- von/hire, Dover, Monmouth • the Lords, Howard of £harleton, Rich, Grey of Ruthe#, Coventry, and Capel are impeached, and cenfured in the Houfe of Lords; the Lord Keeper Littleton likewife flyes away with the Greac Seal, which mod of all difpleafed the Parliament • and the King foon after fets afoot his Commiflions of Array, in oppofltion to that Ordi¬ nance of theirs concerning the Militia • which the Parliament Vote to be againft Law, the Liberty and Property of the Subjeft , and that the Aftors therein (hall be efteemed difturbcrsof the Peace, and betrayers of the Sub¬ jects Liberty. However it was executed in fome Counties with fuccefTe, whileft the King refolvingto leave Lork^, firft fummons his Privy Councel, and other Lords that attended him at Tork^, to whom he declares, "That " he would not require any Obedience from them, but what was warranted ,l by the known Laws, and expe&ed that they (hould not yield to any " Command illegally grounded or impofed by any other. That he would ''defend them and all thofe which (hould refufeany fuch Commands, whe¬ ther they proceed from Votes and Orders of both Houfes, or any other " way, from all danger whatfoever: That he would defend the true Pre- " tefiant Religion, eftablifhed by the Laws, the lawful Liberties of the Sub' "jetts of England, and jufi Priviledges of all the three Eft at es in Parliament. " And (hould require no further obedience from them , then as he acc ording- " ly (hould perform the fame: That he would not, as was falfly pretended, en- " gage them in any War againft the Parliament, except it were for ne- *' ceflary defence againft them who did infolently invade and attempt his " Majefty and his Adherents, In Anfwer to this Proteftation of the Kings, the I -ffl * flfü \H1 111 The Ciyill Wanes the Lords did unanimoufly promife and engage themfelves \ not to obey any Orders or Commands whatfoever not warranted by the known Laws of the Land, That they would defend his Majefties Perfon, Crown, and Dig¬ nity with his juft and legal Prerogative againft all perfons and power what¬ foever -, that they would defend the true Proteftant Religion eftablifhed by the Law of the Land, the lawful Liberties of the Subjeds of England, and juft Priviledges of his Majefty, and both Houfes of Parliament • and laftly, that they would not obey any Rule , Order , or Ordinance concerning any cMilitia that hath not the Royal Aflent. This promife and Proteftation was fubferibed by the Lord Keeper Littleton, Duke of Richmond, Marquefle of Hartford • the Earls, Lindfey , Cumberland, Huntington, Bath , South- hampton, Dorcet, Salisbury, Northampton, Devon/hire, Brißol, Weßmoreland, Barkeßiire, Monmouth, Rivers, Newcaftle, Dover, Canary an, and Newport-, the Lords, Movobray and Matrevers, Willoughby of Eresby, Rich, Charles Howard of Charleton , NewarkPaget, Chandoys, Falconbridge , Paulet, Lovelace, Coventry, Savil, Mohun , Dun/more, Seymour, Grey of Ruthen, Faulkjand, Mafter Comptroller, Secretary Nicholas, Sir John Culpeper, and Lord Chief Juftice Banks. And his Majefty further endeavouring as much as he conld to obftrud the Parliaments preparations, writes to the Lord Major, Aldermen, and Sheriffs of London, forbidding them by exprefle Command to leavy any Contribution of Money or Plate towards the raifing of any Arms whatfoever for the Parliament; and that they {hould lend no money, unlefs towards the Relief of Ireland, or payment of the Scots. Then he publiflies his General Declaration, Letting forth his reafons why he was now forced to take Armes in defence of his own Right, and the Li¬ berty of his Subjeds, recounting the Parliaments many ridiculons fears and jealoufies; and in theendpromifing all thofe which (hould aflift him either with Money, Arms, or Ammunition , good aflurance both of the Principall and Intereftat 8. per cent, upon his Foreft Lands, Parks, and Houfes, better fecurity then that of the oncly name Publick Faith: And then (ftrengthen- ed with fome Arms from Holland, and with that profeflion of the Lords dis¬ avowing any preparations or intentions of War againft the Parliament, but onely endeavouring the firm and conftant fettlementof the true Proteftant Religion, the juft Priviledges of Parliament, the Liberty of the Subjed , the Law, peace, and profperity of the Kingdom, which brought hands to his Arms: And having publifhed a Declaration of the legality of his Com- miffionsof Array, (which the Parliamenr foon after commanded the Sheriffs, &c. not to publifh) he departed from Tork. Ù • SP'.qfr r >3„o r - jfliJ eftc C H A of (jreat Britain and Ireland. j- n 1642. CHAP. X L I. The Parliament Vote an Army : Their Petition to the King at Beverley : The EarlesofStamford and Effbc Proclaimed Traitors. lit Sheriffs, CHAF. THc King from Tork, came firft to Newark in Nottingbamßi/e, where having called together the Gentry and Freeholders of the County, tells them,that their affedions to him had been fo great, that they had drawn him thither onely to thank them •, that he goes to other places to confirm and undeceive his Subjcds, but comes thither to encourage them, See. And from thence to Lincoln, where with a loving Speech he likewife falutes the Gentry j and being refolved to reduce Bull by force, he fends a Mefiage from theme to the Parliament, telling them, that by his former Declarations, and his now Proclamation , they and all his good Subjeds might fee the juft grounds of his prefent Journey towards Hull, before he frould ufe force to reduce it to Obedience ; requiring them that it may forthwith be delivered up to him , to which if they conform, he will admit of their further Ad- dreffes to him, See. And with this Mcflage he fends up a Declaration of his intentions to force Hull and Hot bam to Obedience: which Declaration the Parliament Vote to be illegal without their confent-, and to oppofeit, re- folve that an Army be raifed for the defence of the King and Parliament, and all fuch as {hall obey the Orders of the two Houfes. And over this Army they Vote the Earl of Effex to be Generalifltmo, (with whom they, will live and dye) and the Earl of Bedford Generali of the Horfe; and fend their Petition to the King at Beverlcj by the Earl of Hollandt Sir fohn Hol- land, and Sir William Stapleten. praying the King to disband all his Forces about Hull, to recall his Commiffions of Array, difmifs his Guards, and come to his People and Parliament: But the King tells them (as with reafon he might) that it was pitiful Councel to advife him, after their Martial defigns, fome proceedings and effedts of their Forces, their Generalis afììgned, and he robbed of his Navy by them, to perfwade him to denude himfelf, and wait upon them ; therefore he utterly refufes fuch advice. Which makes the Parliament go more vigoroufly on in providing Money, the finnews of War, which the Citizens upon the earneft Pulpit-Invitations of the Presbyterian Minifters, arc very ready to yield them, from the Miftrefles filver Tankard, to the Kitchen Maids Bodkin and Thimble ^ nay fome, as though fome gol¬ den Calf were to be fet up and worihipped, parted from their very Ear¬ rings and Bracelets • this was a way never before ufed to perfwade the peo¬ ple rehgioully out of their Money, to raife a War againft their lawfull So¬ vereign ; but their high pretence was Reformation of Religion , or in¬ deed the very prefervation of it, which fqmuch drew in the Vulgar to their Party. Tantum Religio potuit fuadere malorttm. Whileft in the mean time the King had no other helps then what either his pawned Jewels from Holland, or the voluntary Contributions M of 74. The Civiü Carres 164.2. fuch Lords and Gentry as were Loyall to their King and Countrey, ' afforded him. From Beverley where he had anfwered the Parliaments Petition, the King goes to Letceßtr , where according to his former Cu- ftome he fummons the Gentry and Freeholders of the County , tells them his fucccffe in the Northern Counties, the acceprable Welcome which he found there ; perceiving now that the former Errours of his good Subjeds proceeded from miftakes and Mifinformations, proceeding irom the deceits ufed by Declarations and Publications of the Parliament, pretended for the Peace of the Kingdome, which rather would deftroy. it; therefore he hopes that to prevent their mifchief, he needs not ask their afliftance of Horfe, Men , Money , and Hearts worthy fuch a Caufe, in which he would live and dye with them, &c. But here the Earle of stmftrdpro- Stamford Major Generali of the County for the Parliament, had a- claimed Tiai- gainft the Kings Command removed the County Magazine from the K"' ^ Town of Leicejler to his own Houfe at Bradgate, over which he had fet vindicated by a Garrifon ; for which he and his Adherents are by name proclaimed Parliament. Traitors by the King, and foon after in a publick Declaration vindi¬ cated by the Parliament. That being in their fcrvice for the Peace of the Kingdom, it was a high breach of Priviledge in the King to pro¬ claim them Traitors, and therefore the faid Earle and his Afliftants are protefted by them and all good Subjects. The King having made thus far progrefs, by the firft of Auguft returns again into Torkefhire, where he fummons the County, tells them of the Parliaments forward prepara¬ tions for War, and defires their advice and afliftance ; for the Parliament Parliament had now publifhed their Declaration of defence as they called it, but Declaration fure it ran in offenfive ftrain ; they in it declaring for the raifing of all of defence, power and force by Trained Bands, or otherwife, to lead againft all Trai¬ tors and Adherents that oppofe the Parliament, (Tor fo they termed all thofe generous fouls , whofe Loyalty conftrained them to be afliftants to their Prince) and them to kill and flay, as Enemies to the Peace of the Kingdom •, and in it they name moft of the Kings Lord Lieutenants and Commiflioners of Array in the feverall Counties, whom they Authorize their own Major Generalis of the feveral Counties to deftroy. Yet the King to be in fome part even with them, publifhes a Proclamation, Ejfex pro- That the Earl of Effex their Generali is a Rebel and a Traitor to the claimed Tai- j^jng an(j Bis Crown ; and that all Collonels and Officers under him that Ihould not inftantly lay down their Arms, were guilty of High Treafon •, and commands Collonel Goring Governour of Portfmcuth to op¬ pofe the Rebels, who had defigned to befiege that place, and the Marquefs of Hartford Lieutenant General of his Forces, to march againft the faid Earl of Ejfex and him Complices, and them to fubdue, &c. By another Proclama¬ tion he demands and requires the aid and afliftance of all his Subjects on the North fide of Trent, and within twenty miles Southward, for the fupprefling of the Rebels now marching againft him; and in a very large Declaration concludes the quarrel on his part onely defenfive ; that the Arms he now is forced to raife are not againft the Parliament, but againft particular men, who firft made the wounds, and now would not fuffer them to be cured , whom he would be ready to prove guilty of High Treafon; and therefore defires, that the Lord Kimbolton, Mr. Hollis, M.T>jm , Mr. Hamb- den , Sir Arthur Haflerigg , Mt.nStrode, Mr. Martin, Sir Henry Ludlow ^ Alderman Pennington, and Captain Ven might be delivered up into the hands of Juftice, to be tried according to Law and againft the Earle of Warwick,, the Earle of Eßex, the Earle of Stamford, the Lord Brooke, Sir John Hotham, Major Generali Skjppon, and all thofe who flhould thenceforth execute the UMlitia according to the Ordinance, he fhould caufe tor. / of (jreat Britain and Ireland. 75 caofe Indiftments of High Treafon, according to the Statute of Fdw. 1642. the Third • and let them but fubmit to their Trial according to Law , and plead their Ordinances, and if then they be acquitted , he fliould reft fatis- fied. But he muft let all his loving Subjefts know, that nothing but the prefervation of the true Proteflant Religion invaded by Brownifme, Ana- baptijm, and Libcrtinifme, the Safety of his Perfon, threatned and confpired againft by Rebellion and Treafon ; the Lavas of the Land, and Liberty of the Subjeh opprefled and almoft deftroyed by an ufurped, unlimited, and ar¬ bitrary power ; and the Freedom, Priviledge, and Dignity of Parliaments awed and infulted upon by force and Tumults, could have forced him to put off the long loved Robe of Peace, and take up defenfivè Arms. Yet ftill he offers pardon to all that defire it, (except onely the perfons aforenamed) which if they refute to do, hemuft look upon thefe aftions as a Rebellion againft him and the Law. Yet the Parliament go forward notwithftanding this Proclamation of the Kings • and to expedite their Leavies, they bor¬ row one hundred thoufand pound out of the four hundred thoufand pounds, formerly ordered to be raited by Loans and Subfcriptions for the relief of Ireland', whereupon the King mindesthem, that by an Aft of their own, no part of that money ought to be employed to any other purpofe then the reducing of the Rebels; and therefore charges them, as they will anfwer the contrary to Almighty God, and to the King, that they immediately retraft that mifchievous, illegal, and unjuft Order. To which he expefted their fpecdy Anfwer a n<|. obedience; the rather, that he might be fecured that fuch part of the four lfiutftlfed pounds as is or fhould be collcftedfor the Irifb fervice, might not be imployed under a falfe pretence in a War againft him. The Parliament Vote, That this Meftage of the Kings di- refting them to retraft their Order, was a high breach of the priviledge of Parliament; that his wicked Councellors had raifed the Rebellion in Ireland, and that onely by the Kings abfence from his Parliament, the re¬ lief of it was obftrufted; and jultifie that the faid one hundred thoufand pounds is borrowed for the neceflary defence of the Kingdom. Soon after the King finding the Parliament fo forward in their Leavies, thought fit to make hafte for his defence. I 1111 h? (I# ' cuft CHAP X L r I. The King fets up his Standard at Nottingham; His Meffages thence to the Parliament. ANd therefore his Majefty fets up his* Standard at Nottingham, whi¬ ther he requires all his true and loving Subjefts to come to his af- fiftance, for defence and prefervation of the true Proteftanc Religion , his Majefties facred Perfon, and the Laws and Liberties of the Subjeft:' But yet his Majefty before he will proceed to Martial Execution, having yearn¬ ing Bowels towards the Welfare of his people, and forcfeeing the mifery and deftraftion which muft neceftarily enfue by a Civil and Inteftinc War; on a the * 'Twas an Iii Omen, the ve¬ ry firft day of its fetting up,ic was blown down by a great gutt of winde, and the ftaff broken. 7 6 The Civill Wirres \6à twenty fifth ©f Auguft he commanded the Earls of Southampton, and r~ IT/u-fr, and Sir fvh» Culpeper Chancellour of the Exchequer, to attend the Kings nn flage Parliament with this Meflage. "We have with unfpeakable grief of tor a Treaty. " heart long beheld the diftradions of this our Kingdom. Our very foul " is full of anguifh until we may finde fome remedy to prevent the miferies " which are ready to overwhelm the whole Nation by a Civil War. And " though all our endeavours tending to the compofing of thefe unhappy " differences betwixt us and our two Houfes of Parliament, (though purlued " by us with all zeal and fincerity) have been hitherto without that fuccefs "we hoped for: Yet fuch is our conftant and earneft care to preferve the " publick peace, that we (hall not be difcouraged from ufing any expe- " dient, which by the blefling of the God of Mercy may lay a firm Foundati- " cyi of peace andhappinefs to all our good Subjeds, To this end, obfer- " vingtfiac many mittakes have arifen by the Meffages, Petitions, and An- " fwers betwixt us and our two Houfes of Parliament, which happily may " be prevented by fome other way of Treaty, wherein the matters in dif- " ference may be more clearly underftood, and more freely tranfaded. Wf "have thought fit to propound to you, that fome fit perfons may be by " you enabled to treat with the like number authorized by us, in fuch man. "ner, ajid with fuch freedome of Debate as may beft tend to that happy " conclufion which all good men defire, The Peace of the Kingdom ■, where- " in, as wc promife in the word of a King, all fafety and encouragement to "fuch asfhall be appointed by you, if you fhall chufe the place where we "are for the Treaty , which we wholly leave to youj prefuming the like " care of the fafety of thofe we (hall employ, if you fhall name another " place • fo we allure you and all our good Subjeds, That (to the beft " of our underftanding nothing (hall be therein wanting on our parts, which " may advance the true Proteftant Religion, oppofe Popery and Super. " ftition, fecure the Law of the Land, (upon which is built as well our juft " Prerogative, as the Propriety and Liberty of the Subjed) confirm all juft "power and priviledgcs of Parliament, and render us and our people truly "happy, by a true underftanding betwixt us and our two Houfes of Parlia- " ment. Bring with you as firm refolutions to do your duty, and let all " our people joynwith us in our prayers to Almighty God for hisbleiling "upon this Work. If this Proportion be negleded by you, we have done "our duty fo amply, that God will abfolve us from the guilt of any blood " which muft be fpilt. And what opinion foever other men may have of " our power, we aflure you that nothing but our Chriftian and pious care "to prevent theeffufionof blood hath begot this Motion•, our provifionof " Men, Arras, and Money being fuch as may fecure us from further violence, " till it pleafe God to open the eyes of our people. This Meflage being brought by the aforementioned perfons, the bearers were not permitted to fit in the Houfe- nor the Earl of Southampton, againftwhom there could no exceptions be made, fuffered to deliver the Meflage, which was carried in by theUfherof the Black Rod, and the Meflengers immediately commanded to depart the Town before the Parliament would prepare any Anfwer; which at length they fend to the King to this effed. " That until his Ma jelly fhould "recall thofe Proclamation and Declarations of Trealon againft the Earle of " Ejfex, and both Houfes of Parliament, their Adherents and Afliftants, " and all fuch as have obeyed and executed their Commands and Diredions " according to their Duty; and until his Majefty (hall take down his Stan¬ dard fet up in purfuar.ee of the faid Proclamations, they cannot by the " Fundamental Priviledgesof the Parliament, the publick Truft repofed in (C them, or with theGeneral good and fafety of the Kingdom, give any fpr- "ther anfwer. Yet to this his Majefty replyes, That he never intended to declare of Cjreal Britain and Ireland. declare the Parliament Traytors, or fet up his Standard againft them j there- i <5 4.2. fore if they will refolve to treat, a day (hall be appointed for either par- T' ty to revoke all Declarations againft all perfons as Traitors, and for him to take down his Standard. But they retort, that unlefs the King will with¬ out any further adoe denude himfelf of all his power , take down his Stan¬ dard, revoke his Proclamations, forfake his evil Councellors, andreturn to to them, (theonely (fay they) way to make his Majefty and the Kingdome fafe) they cannot recede from their former Anfwer: and to confirm their relolutions they declare, That the Arms which they have been enforced to Parliaments Wke up for the preservation of the Kingdom, Religion, Laws, and Liberties, Declaration, fhould not be laid down until the King fhould withdraw his prote&ion from theilRefclu- fuch perfons as have been Voted Delinquents, and fliall leave them to hy"downC° Juftice, to the end their Eftates may difcharge the Debts and Loan Money Arms, of the Commonwealth ^ and to that effed, they proclaim Sir John Lucas Sir Lum Traitor, whom they feized at Colcheßer, and committed Prifoner to the cas> and cbc * Gatehoufe ; and impeach the Lord Strange, Son and Heir to the Earl of Der- Lord stnvge hy, of High Treafon, for having (as theyfaid) with intent and purpofe to pr°c]aimed fubvert the Laws, upon the fifteenth of July then laft paft, at Mancbefier'm the County of. Lancafiert traiteroufly fummoned, called together, andrai- " 1 *nu fed great Forces, and had killed, murthered, and deftroyed Richard Tercivaf a Linnen Webfter. And for the better profecuting their intended refolutionsa they draw the Scots to their party , with whofe afliftance they undertake to Reform all Chriftendom, and ftrongly profecutc the raifing of Money by Loans and Subfcriptions upon the Credit of Publick Faith ; thofe who would not fubfribe were fecured as Malignants, amongft whom was Mr. John foun¬ tain afterwards Serjeant Fountain, who being demanded what he would lend } made anfwer, That it was againfi the Petition of Right to anfwer, yea or no. Whereupon he was committed to the Gatehoufe. Endeavours are likewife ufed to poflefs Forreign Nations with the juftnefs of their Caule, Mr. Walter Strichland is fent over Agent from the two Houfes to the United States of Holland, wirh Credential Letters, and a large Declaration of the Juftice of their Proceedings, and Complaints of the Prince of Oranges afliftance to his Father-in-law. CHAP. X L111. The two Armies take the Field: Some Military EffeSls on both fides : Edgehill Fight and Brenford. Since ho Solicitations of the Kings could draw the Parliament to either Treaty or Agreement, it could not be expefted but Blood muft follow. To give the firft onfet to which, Sir JohnHotham (who had firft indeed be- gun the Civil War, by his denying the King entrance into Hull) Tallies out of his Garifon with forty Horfe, and falls upon one hundred and fifty Foot of the Kings Party, which were lodged at Anlaby •, thefe thus furprized, fluff. I11 I 1 11' 1642. The Kings to- lemn Protclia- tion. Ejfcx I nftru- äions. The CM Warns fhiftcd away; but Sir Johns Party flefli't in blood by killing their fcwo Sentinels, gal loped after them, took their Colours, and about feventy Muskets, with fome Prifoners. In the Weft the Trained Bands of Hampjhire befiege Portf- mouth for the Parliament, (then kept by Collonel Goring for the King ) to whom they joyn Collonel Sir John Merricks Regiment of Foot, and a Troop of Horfe. The Kings Army at firft formed at 7er^,and after Rendezvouzed at Nottingham,where he fet up his Standard,(about which time arrived in England the two Princes, Rupert and Maurice, Sons to the Prirtce Elector Talatine of Rhine, to tender their fervice to their Uncle, by whom they werefoon em¬ ployed) from thence towards Stafford, then to Leicejler, and fo to Wales, fettling himfelf at Shrewsbury, ftill rouling as he went along, and gathering ftrength in all places; but here he got fo confiderable a body, that he mighc adventure to face the Enemy. In his Journey between Stafford and Welling hecaufedthe Orders Military to be read; and himfelf tells them, That he fhould be very fevere in punifhing every perfon offending without diftindi- on. That he could not fufped their Courage and Refolution, their Con- Icience and Loyalty having brought them thither •, for their Religion, their King, and the Laws of the Land, againft their Enemies, nonebuf Traitors, molt of them Brownißs, Anabaptißs, and At heißt • fuch as defire to deftroy both Church and State, and who had already condemned them to ruine for being Loyal to their King. And to let them and all the world know, and bear witneffe of the joftnefs of his Caufe, he makes this Proteftation in the Head of his Array. f< I do promife in the prefence of Almigh- 44 ty God, and as I hope for his Blelling and Protection, that I will to "theutmoftof my power defend and maintain the true Reformed Proteflant " Religion efiablifhed by the Church of England, and by the grace of God " in the fame will live and dye. I defire to govern by the known Laws of the 44 Land, and that the Libertj and Propriety of the SubCl may be by them pre- " ferved with the fame care as mine own juft Rights. And if it pleafe God ** by his bleffing upon this Army raifed for my neceflary defence topreferve " me from this Rebellion , I do faithfully promife in the fight of God to *" maintain the jufi Priviledges and Freedom of Parliament, and to govern " by the known Laws of the Land to my utmoft power; and particularly to <4 obferve inviolably the Laws confented unto by me this Parliament. In the t£ mean time, if this time of War, and the great neceflity and ftraits I am *' now driven into, beget any violation of thefe, I hope it (hall be imputed by " God and Man to the Authors of this War, and not to me, who have fo 4t earneftly laboured for the Peace of this Kingdom. When I willingly fail " in thefe Particulars, Iwillexpeft no aid or relief from any man, or pro- 41 tcftion from Heaven. Bat in this Refolution I hope for the chearfull 44 alfiftanceof all good men, and am confident of Gods Blelling. How far this Proteftation is from any intentions of an Arbitrary or Tyrannical Go¬ vernment , which the Parliament pofleft the people the King aimed at, I leave to every honcft Reader to judge. In the mean time the Parliaments Forces formed firft at London, Rendezvouz at St. Albans, whither on the ninth of September the Earl of Eßex fets forth, waited on by the Parliament, and accompanied with the Ihouts of many thoufands of people. The In- ftruäions given him by the Parliament at his fetting forth were to this effeft. I. ToreftrainallprophanefsinhisArmy. 2. To march and fight with the Kings Army, and by battle or otherwayes to refcuehis Majefties perfon, the Prince and Duke of Fork, out of the hands of thofe now about him. 3. To take his opportunity in fome honourable way to caufe the Petition of Parliament to be ptefented to hisMajefty, who if he pleafed to withdraw himfelf from his Forces, and rcfort to his Parliament, the Earl Ihould caufe thofe Forces to dif- band , and fhould ferve and defend the King with fufficient ftrength in his return. * of (jreat Britain and Ireland. •jp return. 4. That he flhould declare, that if any will(within ten days after publica- 1642. tion) withdraw from a (lifting theKing.and return to the Parliament, they fhall have pardon,except Delinquents already Voted,or to be Voted, or Impeached, or who fliall be impeached of High Treafon , or have been eminent or adive againft the Parliament; and except the Duke of Richmond,the Earls of C umber - Und,Nervcaftle,Rivers,and Canarvan; Vifcounts.iVrww^e, and Falkland, Se¬ cretary Nicholas,Mr.Endimion Porter,and Mr.Edward Hide,(now LordChan- cellour.) 5. To receive Loans or Contributions of Money, Plate, or Horfcs for the fupport of the Army, certifying the fummes of Money, weighc of Plate, and value of Horfes, that the perfons may thereby be repaid upon Publique Faith. 6. To proted the good people from violence of the Ca¬ valiers, and to reftore them their lofles. 7. To apprehend all perfons im¬ peached as Tray tors or other Delinquents, and to fecure them to the Parlia¬ ment. 8. Toobferve fuch further Diredions as he lhall receive from the Parliament. Thus are both Armies fet forth into the Field; but beGdes thofc with the King, Sir John Byron having raifed fome Troops for the King in f"n Oxfordfhire, marching towards Northampton is furprized in his Quarters at fr0m BrJc{- Brackley by fome of the Roundhead Horfe, (for thac diftindion was now ley. frequently ufed between the Parliaments party, and the Kings, who were called Cavaliers) who affiftedby the treacherous Townfmen, forced him to retreat to the Heath, with the loffe of his fervants,fome Carriages, and his Cabinet of papers; the laft of which he after demands by Letter of Mr. Clarke of Croaghton,intowhofepofleffionthey fell, but with no other fuccefs, then the having of them and his Letter tranfmitted to the Parliament; whereupon He and his" he and his Adherents are proclaimed Traitors. But from thence Sir John Adherens marched to Worcefler, which he pofTeffed for the King , which Mr. Nathaniel y°aCj^c "himfelf by any provocation to be drawn to a fharpnefie of language ,l at a time of overtures of accomodation ; he could noc otherwile but * ^ " 41 refcnt their heavy charges upon him in the preamble , and ,4 not fuffcr the reproaches which they caft upon him : but " his Majefty would forbear bitternefs , or the heat of his own fuf- ,4 ferings throughout •, that if it be poflible the memory of them mighc 4< be loft to the world, and how unparliamentary it is by Arms to require 44 new Laws: Yet he is pleafed that a fpeedy time mighc be agreed upon '4 for a Meeting to debate thofe Propofitions of theirs, and thele of his, " viz. That his own Revenues, Magazines, Towns, Ships, and Forts be re- "ftored. That what hath been done contrary to Law, and the Kings Righc, " may be Renounced and Recalled. That all Illegal Power Claimed or " Afted by Orders of Parliament be Difclaimed. That as he will readily '* confenc to the execution of all Laws made or to be made concerning Po- ''pery or Reformation; fohedelires a Bill for preferving the Book of Com- M mon Prayer, and againft Se&aries. That all perfons to be excepted " againft in the Treaty may be tried per pares. That in the mean time there •*bc a ccflation of Arms, and free Trade ; but nothing was done till the laft of February • when the King reminding the Parliament of his Pro- pofalsof the third of February-, They Vote, that there fhall be a Treaty Votes fore upon the Propofitions before the Disbanding , and to begin the fourth Treaty, of March, for twenty dayes, and no more ; and they therefore defired afafe Condud for their Commiflioners, the Earl of Northumberland, the Lord Say, Fierrepoint, Sir William Ermine } Sir John Holland , and Mafter Whitlockthe Lord' Say was excepted againft, having been Pro¬ claimed Traytor at Oxford on the third of November : The reft went, buthadasgoodhavcfatftillatZo«^»-, for after a great deal of timefpent, they returned back on the feventecnth of April, 1643. without any effeds. Some time before the Commencement of this Treaty , arrived General King from Holland with fix thoufand Arms , and joyned himfelf with the Earl of Nervcaftle • and foon after on the fixteenth of February , the Queen Queen Lands took Shipping for England, but was by extremity of Weather driven back; and at length , having palled much danger and hazzard , on the nine¬ teenth (bearrives at Burlington Bay-, and on the two and twentieth lands at the Key , accompanied with many Commanders of Note; and bringing with her good ftore of Money , Arms, and Ammunition; but being afhore, {he endured a worfe Tempeft there then ftie had done by Sea : for the next night after her arrival four of the Parliament £hips unefpyed , entred the Road, and about five a Clock the next morning, began to ply their Or¬ dinance as faft as they could polfiblyupon the Village; one of them flank¬ ing the Houfc where the Queen lay, inforauch that two Cannon Bullets fell from the top to the bottom of the Houfe where (he was, which forced her to leave'it , ar.d retire to the fhelter of a Ditch behinde the Town; whilft in her way the Cannon Bullets flew very thick: infomuch that a Ser¬ jeant was killed within twenty paces of her. Yet the Parliament Ships had not then given over, had not the Ebbing of the Tide , and fome Threats from the Admiral of Holland who brought the Queen over, enforced them. From hence ftie went to Tork^, where flie was received b^ the Earl of Nervcaftle, and whither comes to her the Earl of Montroft and Montrofs Lord Ogilby with a hundred and twenty Horfe; who having found out the cotnes to tte underhand treacherous dealings of the Scotch Covenanters, deferred them ^e/n" and their Caufe ; for which they were foon after proclaimed Traitors. In this latter end of the year, prince Rupert proves fortunate in the Weft, he takes Cirencefter by Storm, but in vain fummons (ft I act ft cr twice ; yet Feuxbttry is yielded to Sir William liujfrl for the King. A confiderable force ' ■ The Chili iTarres force was raifed by theMarquefs of fVorcefter, and his Son the Lord Hey¬ bert ämong his Tenants in Water. Theft; marcb'ng forward, rout and difperfe Collonel Burrow's Regiment , who had made a flight Garrifon at Coford in the Forreft of Dean for the Parliament; kill Lieutenant Col¬ lonel Winter, and many others, and take fife prifoners : thence they marched forward to Hirgbam Houfe , within two miles of Glocefter; which City Sir Jerome Bret their Major Genera', demands, but is refufed with fcorn-, being told, that that own wcu! \ not now yield to a Welch Army, which had twice refufed lurrendry upor Princ Rupert's Summons: but foon after they themfelves were by Lieutenant Collonel Majfey, Deputy Govtrnour of Glocefter , Sir William Waller , one of t. e Parliaments Generals, furprizcd in Bingham Houfe , and forced to yield on very low conditions , viz. themfelves prifoners , and the Officers to receive quarter according to their qualities. The end of this year 1642. was the beginning of the Synods fitting; for now their Seflion com¬ menced to reform as they pretended, but indeed to fet up a new Form of Presbyterian Church.Government: They were compaftcd of fuch as were then-vulgarly called Silenced , or Plundered Miniflers; and after a great deal of ftir, compiled a Direflorj (as they called it) for Divine Worfhip, publifhed and authorized by Parliament, though never as I could hearof madeufeof (the Independents, a Faftion fprung out of theirs, then new¬ ly putting out their heads:) Yet for that fervice , they received all the time of their (itting four fhillings a man per diem , and were befides moil of them gratified with Benefices, Lectures in and about London, or Headfhips in the Univerfities. • I CHAP X L V. The Lord Brook and Earl of Northamptons Deaths. Lichfield Clofe re-taken by Prince Rupert. Effex tek~s Redding. THis year began with the Treaty aforementioned betwixt the King and Parliament at Oxford, which as I faid before proved to no pur- pofe, the propofitions feeming too high on both fides; fo on the fifteenth of i/ipril the Parliament recalled their Commiflioners , and their Gene¬ ral Ejfex immediately after advanced with his Army towards Red¬ ding, DS Dufo. at, Efe and tbctt Gf; of (freat Britain and Ireland. ding, whilft in the mean time the Lord Brooke in the beginning of March, fet forth with a confiderable Force for the Parliament (having a convoy of fome Ordinance as far as Sc. Albans) direäing his courfe for Northampton, which he plunders of fome Arms and Ammunition: from thence he went to Warwick^, and forward at Stratford upon sAvon , forced Lieutenant Col- loneL Wagftaff, Colloncl Crooher , and Captain Trift, a Dutchman, with fome Companies for the King, to a Retreat, hirafelf pofleffing the Town, which for fear of fome ftratagem he foon deferted and returned again to Warwick., and thence foon after marched into Stafford/hire ■, and by his pow¬ er and reputation endeavoured to difTolve the afTociation of the Gentry there , and reduce that County for the Parliament; to which effed he ad¬ vances towards Lichfield, and enters the unarmed and undefencible Town without refiftance; but was put to befiege the Clofe (or Cathedral Yard) a place more tenable and defended by fome Forces under the Earl of Chejler- field. This place, as foon as he had poffefled the Town, he fell on upon, hoping eafily to carry it; but whilft his Souldiers were fighting, himfelf being got up into a Window to view the Adion, was by a lingle Shot from the (flofe ta^er> juftinthe Ball of the Eye^ of which he immediately funk down and died. The Souldiers notwithftanding the lofs of their Leader, though at firft chey retired a little, yet falling on again, carried the place ; and in it took the Earl of Chefterfield, and fome others of note, with all his Souldiers; but long they held it not, for foon after fome of the Kings For¬ ces beleaguring the place, Sir John Gell, and Sir William Brereton for the Parliament had raifed a Body of about three thoufand Fiorfe and Foot, With which they were comming to relieve the befieged whereupon the befiegers drewouceight hundred Horfe, and three hundred Dragoons, with which theyunexpededlyfell upon the Parliaments Forces, whofe Horfe not able to endure the firft charge, immediately fled and left the Foot naked , and they thus deferted , fhifted for themfelves, leaving an abfolutc Vidory to the Kings party, though it coft them dear enough ^ for though but few men were flain, yet one of thofe few was the faithful and gallant Earl of Northampton , who valiantly charging in the head of his Troop was fo en¬ gaged , that his Horfe being fhot under him , he unfortunately fell. This Vidory gained , they returned to the Siege of Lichfield Clofe , where Prince Rupert commanded in chief, who found ftrong refiftance; for not¬ withftanding he had fprung a Mine, made a reafonable Breach, aflaulted it, and at the fame time fcaled the Walls in feveral other places, yet he was ftoutly repulfed - till at laft he being fent for to Court, he refolved to give them a farewel,which was performed with fo much courage, that they within yielded. Lieutenant Collonel Ruffel, who commanded there in chief, to march away with fourfcore Horfemen and Armes , and as many Mufquetiers, with Colours flying, Carts for their Baggage, and a free pafs as far as Coventry (which from the firft beginning of the War had been a Garrifon for the Par¬ liament) and all Prifoners taken on either fide, fince the Lord Brookes com¬ ing into theC.ountrey to be releafed. But to return to the Parliaments Ge¬ neral, Effex, who advanced with his Army from London, attaques Red¬ ding, on the feventeenth day of April he fac down before it, and the next day makes an attempt upon it, but was valiantly repulfed both this time, and alfo a fecond time, (when he gained the out-works) by che worthy va* lour of Sir Arthur Aßiton the Governour , who had been a SouldierinGfr- many from his youth : upon thqfe repulfesof the Enemy , the King fent Sir Arthur thanks, with a fupply of feven hundred Mufquetiers and good ftore of Ammunition but all could not avail to the holdingo.utof the Town againft fo great an Army, continually fupplied from that inexhauftible Ma¬ gazine of London with frefti Men, ProYilions, and Ammunition, and the King 8? 1643. rfctinj ^ìfuìf'r ' i/2 I/o, titer/ / / -ir * CA <72 Or CCfL-J 88 i6 43. Tedding fur- rer.dred. The Civill Wanes King not in a capacity to adventure its relief; yet the diflionour of yielding it up fell not on Sir Arthur JJbton, who in the third attempt which the Ene¬ my made upon the Town, got a dangerous bruife upon the head by the fall of fome Brick-bats beat down by the Enemies Cannon: fo the Government of the Town was devolved upon Collonel Fielding, and by him onthefirft of May furrendred up to Ejfex upon honourable terms, viz. All the Forces to march out in Warlike manner, with fifty Carts for Carriage, free paflage to Oxford, the Town to be faved from Plunder • and that wholoevcr would , might have liberty to leave it within fix weeks after: yet this furrender put thofe in Oxford into fo great a fright, that nothing would perfwade them but that Fielding had treacheroufly delivered up the Town. Whereupon to fatisfiethe murmurs of the people, he was tried at a Coun- cel of War, and condemned to dye, but by the Kings mercy reprieved ; and indeed his condemnation was afterwards looked upon onely as a pageant to entertain the prefent fear of the Kings Party at Oxford, who doubted left Ejfex being now poflefled of Redding , ftiould immediately advance to¬ wards Oxford, which he had found at that time wholly unfortified on the North fide, and the Kiug dcftitute of all manner of Ammunition necelTary for its defence ; but their fears were foon over, for Ejfex having engarri- foned Redding returned towards London: The reafon of which Retreat, and why he did not then purfue his good fortunes, hath been debated by many, but by the wifeft judged to be the defire he had (after the Battle of Edgehill) that neither fide fhould get the better of the other by an abfolute conqueft ; but that the fcales might be kept even , that fo both parties might be the more willing to come to a compofition of thofe bloody differences. CHAP. XL VI. Cheaplide Crofs pulled down. The King and Queen meet. The Solemn League and Covenant. Yeomans and Bourchier Hanged at Briftol, and Tomkins and Challoner at London. BUt now the zeal of the Roundhead Party begins to appear in its heighth , no Monument of pretended Supcrftition muft ftand. Cheapfide Croffe (as the conclufion of their Reformation) which for a long time had flood the Glory and Beauty of the City of London, muft down as a thing abominably idolatrous • but there was certainly fome- what more in it then the Idolatry of it , the Gold and Lead about ic would yield Money towards the advancement of the Caufe • which the Parliament now profecute in fo high terms , that they Vote the Queen Queen Voted ^er fe'f a Tray tor whereupon fundry Articles are drawn up againft aTraytor. her : Some of the chief of which were, That ftie had pawned the Crown / Jewels ofCjreat Britain and Ireland. Jewels in Holland; That She had railed the Rebellion in Ireland-, That She had endeavoured to raife a Party in Scotlandagainft the Parliament; That She had marched in the head of a Popifh Army in England; for fo they termed that raifed and maintained bytheEarle of Newcaflle in the North, with which the Queen at Her landing at Burlington Bay had joyned, and a confiderable Party cf which She had taken for Her Convoy to the King; with which She firft advan¬ ced towards Neivariy, and thence forward by Werton and As by, towards Edgehill, where the King then was; notwithftanding the Enemy lay at Lelceßer and Derby to intercept Her in her paffage.Before her departure fromTVw^, She out of care for the fafecy of Llncolnfhire and Nottmghamfhlre, had left two chouland Foot, with Armes for five hundred more, and twenty Troops of Hcrle under the Command of Sir Charles Cavendlfh, brocher to the Earl of Neivcaßle; She her felf marching with three thoufand Foot, thirty Companies of Harfe and Dragoons, fix pieces of Cannon, and two Mortar-pieces, and one hundred and fifty Waggons, Mr. Jermin (now Earl of St. Albans) commanding in chief as Collonel of her Guard : thus convoyed , She advanced towards the King, whom She met foon after at Edgehill (the firft time they had fcen one the other fince her firft going into Holland,) and with Him joyned Her forces. The Parliament had a good while been tampering with the Scots for their The Solemn affiftance : And about May this year Sir William Armine is fent to Edinburgh League and from the Parliament, to haften an Army of Scots into England; to which end Covenant. thote Engllfh Presbyters, to fhew how much they would comply wich them, and how clofely follow their fleps, taking example from them in their firft in- furreòtlons, enter into A Solemn League, by Vow, Oath and Covenant, which they not only take themfelves, but loon after order all the people of England whatfoever to fwear to, which many refufing, were committed to prifon, and fome Sequeftred, amongft which were Doèftor Eeatly, who for denying to fwear to it, and making exceptions againft fome paffages in it, was committed to prifon in Peterborough honie in Alder [gate ftreet: His objection; againft it were, firft againft thefe words (We mil endeavour the true Reformed Protefiant Religion of the Church of Scotland, in Doärine, Dlfclpline and Government according to the Word of God.] Which words (faid he) imply that theWorfhip, Difcipline and Go¬ vernment of the Church of Scotland was according to the Word of God, which was more than he dürft fubfcribe to, much lefle confirm by a Solemn Oath. For firft, he was not pcrfwaded th at any platform of Government in each parti¬ cular circumftance, was Jure Dlvino. Secondly, Admitting that fome were, yet he extreamly doubted whether the Scots Presbytery were that. And thirdly, Although fomewhat might feem to be urged out of Scripture for the Stow Go¬ vernment, with fome fhew of probability, yet far from fuch evidence as might convince a mans confcience to fwear it agreeable to Gods Word. The Doddors fecond Objedf ion was againft that paftage, [/ (hallendeavour the extirpation of Prelacy in the Church «/Engländer.] To this (faies he) I dare not fwear: Firft, Becaufe I beleeve that Epifcopacy is an Apoftolical inftitution. Secondly, That the Church never fo flourifhed as within five hundred years after Chriß, when it was governed by Bifhops. Thirdly, That our Englljh Epifco¬ pacy, being juftifiecl by the prime Divines of the Reformed Churches beyond rhe Seas, he could not diffent from it. Fourthly, That our Enghjh Bifhops now, and ever fince the Reformation, have difclaimed all Papal dependency. Fifthly, In regard that the four general Councils, confirmed by A But to this he received no other anfwer from Fiennes and the. Council of War aiBriflol, than, That if he Ibould make no dillinCtion between Souldiers of Arms and fecret Spies and Confpirators, they would not onely proceed againft them, but others; and if by any unhumane and uniouldier-like Sentence he ibould execute thofe perfons he named, then Sir Walter Pye, Sir William Crofts, Colonel Connesby , and others whom they had there in cuÜody, fhould expedl no favour or mercy. And according to this refolution, notwithlfanding the Kings Letter t© the Mayor and Citizens in Tromms an J their behalf, Teomans and Bourchier were on tire thirtieth of May hanged. To sturcbier ixe- focond the difcovery of that Plot at Brittol, another of the fame nature was on cutcd « zrijlo! £pe 0f found out at London. The chief of the Confpirators were Ma¬ llet Edward Waller .a Member of the Houfe of Commons, Mailer Tomhins his R' oiher-in-law, fomedme Clerk of the Council to the Queen, Mailer Challo- nsr, Mailer white, Mailer Hajfell, and Mailer Blinkthorne; their Delign, as the Narrative Declaration of the Parliament fet it forth, was, to have feized ©n ehe Kings Children, fome Members of Parliament, the Lord Mayor of Lon¬ don, the Committee of Militia, the City Forts and Butt-ivorks, Tower of Lon¬ don, and all the Magazinos, and fo to have let in the Kings Forces, &c. And to (Lengthen them, a Comrailfion of Array had been privately conveyed to Lon¬ don by the Lady Aubigne (Widow to that Lord Aubigne who received his deaths wound at £dgehill) directed to Sir Nicholas Crifpe, Sir George Stroud, Sir Thomas A Gardiner of Cjretö Britain and Ireland. j 91 Recorder of Londoni Sir George Tlnion, and many others j but their intents being betrayed, thofe fix aforementioned were all tried for their lives . at Guild-hall, and condemned ; but none but Mailer Tomkjns and Mailer Chal- loner fuffered, who were hanged before their own Doors, the one in Holhorn, And Tomlfins and the other in Cornhill. A great fumme of Money, and Mailer Pym (who foon and cbolloner after died himfelf) his promife upon his ingenious confefiion,faVing Maller Wal- at LOi!({on- ler's the principal Confpirators life. 1 v CHAP. XLVII. xA new Great Seal framed. The Regalia at Weftminfter fei^ed. Tame Fight. The Revolt of the Ho chains. THe great want which the Parliament had of the Great Seal of England then i j. at Oxford, to confirm their Adts and Ordinances, had been the occafion of long and ferious debate, they at length determining it neceffary to make a new one; and to that effeòl at a conference with the Lords, they declared the prejudice which in their judgements accrued to the Parliament and whole King¬ dom by the abfence of the Great Seal; and therefore they defired their fpeedy concurrencein Votes for the making of a new one: Whereupon it was put to the Vote in the Houfe of Lords, and carried in the Negative; they returning anfvver, That they had hitherto difpatchcd all bufinefs fince rhe abfence of the Seal by vertue of Ordinances of Parliament, and that they conceived the fame courfe might fiill be kept in what matters foever were neceffary to be expedited " for the good of the Kingdom without a Seal. However they, as it were, fub- mirtlvely concluded, That if the Houfe of Commons would inform them in any particular cafes, wherein the Kingdoms prejudice by abfence of the Great Seal ■ could not be remedied by vertue of an Ordinance, they would take it into fur¬ ther confideration, to induce compliance accordingly ; and foon after comply they did, and thefe Votes were parted, That it wot neceffary that the Great Seal of Lngland fhould attend the Houfes. That there had been a faller of it at this Par¬ liament, to the great prejudice of the King, Parliament, and Kingdom. That the Houfes »ught to provide a remedy for the future, which they conclude tobe the fra- ming of a new one : But firll they Order, That if the Lord Keeper Littleton upon fummons did not return with the Great Seal within fourteen days, he fhould lofe his place, and whatever fhould be fealed therewith by him after that time, fhould be null and vacate in Law. Yet when the Ordinance for che new Seal came to be deba¬ ted, it wasalledged byfomefober men in the Houfe of Commons, that the counterfeiting of the Great Seal of England wasTreafon by the Statute of the ^ f of Edward the third. To which Serjeant Wilde, who had the ordering of theT Ordinance, very learnedly replied, That they intended not to counterfeit the old Great Seal, but to mafe a new one: Upon which the bufinefs went forward, and a new Seal was framed without any alteration from the old one, fave onely that the Princes Arms, or Feathers, were fctin a vacant place, to lliew the dif¬ ference between them, tnat fo their followers might diftinguirta from fuch com- niarttls .as came from them in his Ma jellies Name, and fuch as came immedi¬ ately from His Majefty. This adlion of the Parliaments was looked upon very firangely, and made it appear to the world that they nowdrave at higher de- figns than what they at firft pretended, viz. The Honour of the King, and Safety of the Kingdom; which might better be guefled by the words of fome Members of the Commons, and particularly by Mailer Henry Martin, who O 2 going 9z The Civi/l IVarres going with very little Authority into Westminster-Abbey (there defacing tha Church-Ornaments and Ucenlils) to feize uj.on the Regalia, viz,, the Crown, Scepter, Ball, &c. uled ac the Coronation of the Kings, (though he was con¬ tent at this time, at the defire of the Earl of Holland, and fome Commons, to do no more than teal them up till the Lords concurrence were procured) when fome of his afliftants cried out, Let us take the Crown and [et It upon the Duke of Glocellers head, whom we have here with us. Tuft (fays he) you are fools to talkjof Crowns and Scepters, of which there will he fo little ufe hereafter. And unhappily prophetick was that reply which one made, who when the Lords agreed, That many fuperßitious things amongß the Regalia were ft to he removed as no longer ufe- full, anfvvered, That he doubted the King himjelf would erelong he fome fuferfliti- ous Monument of decayed Divinity, and fo thought fit to he removed; the King not making the Crown, hut the Crown the King, which they having now in their hands, might beftow the Kingdom on whom they pleafed. But let us now again look abroad into the Field. The Earl of Ejfex having had advice of the continued feries of the Lord Hoptons fucceflcs for the King in the Weft, being himfelf defiredby the City of London to move with his Army towards Oxford, gives order to Sir William Waller to advance towards Cornwall, and joyn with thofe Devonfiire Forces which flood for the Parliament, whilft himfelf marches towards Tame; where lying hovering,he gives order to the Buckingham Forces to alarm the Kings Army, which were drawn out under Prince Rupert. Some Skirmifh happened on Saturday the lyoi June; and the next morning the Prince,provoking a body of Hörle fcmewhat too far from the reft, falls upon them, routs them, kills many, and takes fome Prifoners, amongft which Captain Shejfeild Son to the Mi.Hambdens Earl of Moulgrave was the chief : Mafter John Hamiden the Principal of che death. Five Members, a great Incendiary of chefe troubles, and the firft oppofer of Ship-money, died a week after of his wounds received in this place ( Chalgrave Field) where he firft gathered Force together againft the King. A/ajor Gunter was fikewifc ilain upon the place; but Prince Ruperts lofs was very inconfider- able.' About this time Sir John Hotham and his Sonne, who had done fo much for the Parliament (he being the firft man who had oppofed the King for their fakes) Severly gate, yvere by Order from them fecured and fent up to London; Sir John being knocke down by his own Souldiers acthe fame Gate where he denied the King en¬ trance. His Son Captain Hotham had before been fecured and imprifoned at Nottingham, from whence he efcaped to Lincoln, and thence to Hüll-, juft ac the point of time to be fent up to the Parliament with his Father j and to be beheaded with him in January following, when, with their execution, we lhalj difcourfc of their Grimes. l'amc fight. C H A PJ of (freut Britain and Ireland. GHAP. XLVIII. The Fights df Lands-Downe ^Round-away-Downc. Exceter delivered to Trince Maurice j and Briftol to Trince Rupert. SI R William Waller according to his order from General Effex had advanced towards the Weft, and proved fuccefsfull in feveral attempts there; till on the fifth of July having advanced with his whole Body to the end of Lands- Dome, in a place of great advantage, he had a notable checkgiven to his for¬ tunes by Sir jSevile Greenvile and Sir Nicholas Scdningjiwo Cornifh Gentlemen. For Waller fending out a good Party of Horfe and Foot towards the Cavaliers, ( having likewife lined the hedges towards their Champain ) a ftrong Party of Horfe under protedlion of his Musketiers advanced, and with the help of the Foot from the hedges, forced Greenviles Horfe ( who were drawn up within Musket fhot) to retire into the Rear of his Foot; whereupon the Cornifh In¬ fantry advanced, bravely beat them out of the Ditches, and the Horfe fpeedily rallying, recovered again their ground. Whereupon a ftrong party of Wallers Horfe drew into a large Field upon the Cornifh left Wing, who were imme¬ diately charged by their Cavalry, and totally routed; the Foot in the mean time driving Wallers from hedge to hedge, thorow woods, and down fteep hills, back to their main Body, and ac Jaff forced them to the brow of a Hill which they had barricadoed, and whereon they had plante«/ ir Canon. The ground they had was extreamly advantagious, a high hill w ad behind and on both fides, with Works on the front, the paffage up Ver 'narrow and dangerous, on one fide wood, the other fide hedges, and both lined with Musketiers, Thus fortified flood Waller in an entire Body, his Foot within the Flanker of ftone- laid walls, through which, places were made for the Horfe to fally forth, who were drawn up in the Rear of his Foot; and before the Cornifh Forces could draw up into order, charged upon them, whilft Waller played fo thick with his Canon and Muskets, that he forced them from the brow of the hill, which the fecond and third they couragioufly affaulted, and the fourth time with a great deal of difficulty regained ; Sir Bevile Greenvile himfelf, to the eternal praife of his valour from the mouths of his very Enemies, maintaining it with a Stand of Pikes (where he was unfortunately {lain in the front of his men, his Major and Captain-Lieutenant lying dead at his feet) whilft his Horfe rallied and drew up the Canon; and though it were dark, they continued firing on all fides till mid¬ night, when Wallers men flicking lighted matches in the hedges, which recei¬ ved the Cornifh Volleys on all fides; tilkhey finding by their returning of no anfwers, that they were fled, poffeffed the Field, wherein they found five hun¬ dred Muskets, a whole Stand of Pikes, and fourteen Barrels of Powder, but the Enemy had got off their Cannon. This Fight continued from two a clock in the afternoon till one at night; on the Kings Party, befidesSir Bevile Green- vile, his Major and Lieutenant, and eight Officers, were fome of note, flain. Mafter Leal^, Son to the Lord Daincourt-, was found dead next morning with the Enemies Colours about his arm, Mafter Barker, Lieutenant Colonel Wall, Serjeant,Major Lower, Captain James, Captain Chalwelf and Mafter Boflard, were likewife flain ; but wallers Infantry were mod cut off ordifperfed, many Officers loft, and the Battel clearly gained by the Cavaliers, who poffeffed the Field, 5>4 f The Chill Field, Arms and Colours, and all other tokens of Vidlory. Yet this was but the Prologue to Wallers total overthrow in the Welt; for foon after having march¬ ed to the Devizts after Sir Ralph Hoptoni he was overtaken upon Round-way- Dorvne by a party of Horfe fent from the King into the Weft, under the command of the Lord wilmot, who were encountred by fome of his, to hinder their joyn- ing with the reft of the Army on the other fide in the Drjiz.es ( a Town of Cornwall:) fome Regiments of Horfe began the Fight with equal fuccefs, till Wallers Horfe were forced to retreat to their ftrength, which lay on a hill where himfelf was, and had drawn out his Foor, commanded the onfet, but his Horfe being home-charged, refolving not to venture the hazard, ran away dirc&Iy, and left the Foot to the Enemies mercy; many of whom were flain, but more taken Prifoners, together with four brafs Guns, all the Ammunition and Bag¬ gage, twenty-nine Colours of Foot, and nine Cornets; Waller himfelf efca- ped with a fmall party into Brißol, which Town was not long after furrendred to Prince Rupert by Col. Jones: This Vi&ory was gained againft great Odds; for waller was ftronger both in Horfe and Foot: Yet before this, the Parliament hadcarefted him, by Voting to make and confirm upon him theLeafes of the Office of Botelier of England, a place of great Profit; which it was fuppofed, they did the rather, becaui'e they were entred into fome fufpition of .their Gene- ralilfimo Eßex, who whilft Waller was fighting in the Weft, had follicited the Parliament by fome Letters, inclining to a Petition for Peace; Which though it pleated fome of the Lords, yet being read rc^the Commons, Mr. Faff als. Citizen in Parliament for London, flood up, and defiredithat their General might beprefled to fpeak more plainly, and if after the expence of two Milli¬ ons of Treafure, he had a mind tq lay down Arms, he fhould let them know it, and as good a Souldier as he, fhould cake them up; thereby meaning Sr. William Waller, who was extreamly in favour with the City till this laft defeat. Thefe Succeflesin the Weft gave the King the pofleffion of Exeter and Brißol: One , foon after furrendred to Prince Maurice, and the other to Prince Rupert» Earl Linf-y At Oxford the twelfth ctf Augufi, the Earlèìòf Lìndfey (Son to him flain imprifonmtne. at Edge-hill) Great Cht^rerlam of England, was welcomed from his Im- ' prifonmenc, and foon after Aim, viz.. on the 2 5^ of Augufi, came to Oxford, Bedford and t^ie Far's Bedford and Holland^ who foon after fubmitted themfelves to the Holland come King, but not finding the reception which they expeòfed, though the laft put to Oxford. himfelf in Arms for his Majefty, they returned again to the Parliament: The Earl of Holland afterwards complaining in a Letter to the Lord Jermin, of the fmall refpeft which he had.from the King; faying, that his Majefty did not fhev? fo much Countenance to him, as he had feen him do at the fame time to fome common Souldiers, which had fled to him from the Enemy. < CHAP. I of (great Britain and Ireland. 91 CHAP. XLIX. The Siegs of Glocefter. W A llers Defeat had abiolutely poflefled the King ofmoft Garrifons in theWeft-yGlocefter now was the only confiderable place that held our, and by the taking in of this Town, it was judged that all wales would be pre¬ ferred in the Kings Obedience, intirely united to England , and a freeway and paflage laid open to aflift each other in cafe of Diftrefle. The King therefore having lain fome daies hovering about it, on the tenth of Auguft defcends the hils, and fummons them by two Heralds to a Surrendry; telling them," That " out cf his tender compamon to his City of Glocefter, and that it might not re- " ceive prejudice by his Army, which he could not prevent, if he were com- " pelled to aflaulc it; He was perfonally come before it, to require the fame; " and was gracioufly pleafed to let all the Inhabitants, Souldiers, and others, " to know, that if they yielded, all fhould have pardon without exception , and " that in the Word of a King, and without prejudice to any Perlon or their Eftates, and a Governour fhould be appointed, and fuch a moderate Garrifon "foreafe and fecurity of the City and County : But if they fhould negleCi: " this Orferof Grace, they mull expedf the ifliie. To this Meftage ( here Is " them ) he expeèted a clear and pofitive Anfwer within two hours, and grant- M ed liberty for any Perfons, fafely to repair and return from him. Having dif- patched the Heralds with this Meflage, he draws down his Forces before the Town , attended by Prince Charles , the Duke olTork^, Prince Rufen, and General Ruthen, with fix Thouland Horfe and Foot on one fide, and two thou- fand Horfe on the other: Soon after, Major Pudfey and another briqg this Anfwer from the City : " We the Inhabitants , Magiftrates, Officers and " Souldiers within this Garrifon of Glocefter, unto his Majefties Gracious Heft¬ ige, return this Humble Anfwer; That wedokeep this City according to " our Oath and Allegiance, to and for the ufe of his Majefty and his Royal Po- A< fierity, and accordingly conceive our felves wholly bound to obey theCom- " mands of his Majefty, fignified by both Houfes of Parliament, and are refol¬ ded by Gods help to keep the City accordingly. This Pofitive Anfwer ex- treamly amazed the King, who much wondered at their Confidence, not knowing how they could long defend themfelves (their City being but ill forti¬ fied or manned, their hopes of Relief b ut fmall, Waller not at all in being, and Ejfex not in a capacity to come to their afliftance ) and feeing fair means would not prevail, refolved to attempt Force: He therefore prefentlyad¬ vances forward into che Eaft Suburbs, which the City inftantly fee on fire, for their better fecurity within. The next day they intrenched on the Southland Eaft fides, enduring fome Sallies from the Town wuhlofs on both fides; the Ordinance likewife killing fome few: Soon after, by the addition of the Welch and WorcefterFotces, the City was beleagured on all fides, and a clofe Siege laid to it; feveral Sallies were made by the Defendants, with alffioft equal lofs on both fides, and fome fmall attempts made by the Aflailers, but to as fmall ef- fetìs: The Mines were by the monftrous care of Lieutenant Col. Maffey, De¬ puty Governour under the Earle of Stamford, either countermined , or by reafon of the water-Springs, hindred to proceed, and thofe Breaches which were made by the Fury of the Kings Cannon, foon flopped up with Wool-Packs and Cannon-Baskets: The King had feveral times an inten¬ tion by a general Storm, to have expedited the taking of the Town, but out of a Prudent Care he had to preferve his Infantry, and a Confi¬ dence cjG the Qhill Warres dence chat there was no Power in being toraife the Siege, he delayed it; whereby ( at laft , all his Mines, Gallery, Engines and Batteries, proving ineffectual) he not only loft the opportunity of taking the Town , by giving Eßex time to raife an Army able to relieve it; but likewife by his long and te¬ dious ftay at the Siege of this Paltry City, he loft that occafion ( which he fhould have taken by the Fore-lock) of coming up to ^London direCtly, and making an abfolute end of the War, by fcattering the Fadtion in the Houfe of Commons, which he might then in all probability eafily have done, whilft the Parliament had no Army in the Field ; the Kings Affairs every where being in a profpe- rous condition, the Parliaments Councils full of difcontenr, diforder and irre- folution, and even ready to give themfelvcs up to defperation; infomuch that the Earle of Holland afterwards at Oxford, affured Sr. John Heydon, Lieutenant of the Ordnance, that the prevailing Members of both Houfes were ready to trufs up Bag and Baggage; but that they hoped ( as fome of them told him ) that an efpecial Conhdent of theirs, and one of great nearnefs to the King, would prevail with him at laft to lay Siege to Gloceßer, and not leave that Town at his back to infeft the Countrey ; and this Advice it feems he unfortunately took: whilft the Pulpit-men in London , preached up Effcx an Army for the re¬ lief of Gloceßer, which did its Butincfs: For the King having advice of that Army's Advance, firft fends Prince Rupert, with a Party of Horfe to retard the Enemies March, whilft the King might rife and be gone ; which he did on the fifth of Sept em her, without any impeachment from the Town (though EJfex from the Brow of the Hills, feven Miles off the City , fired a Warning Piece, to give notice of his approach ) for very glad they were of his departure; being almoft reduced to a nccelficy of yielding, and had not Efexcomt as he did, could not poffibly have held out that (form wherewith the King intended to af- faultthem, they having no more than three Barrels of Powder lefc, and their tProvifions almoft fpent; fo that had the relief been delayed butfomc fewdaies longer, their own wants or the others force muft have neceffitated them to i Rendition: But this Siege was of all Attempts hitherto themoft unfortunate to the King, he not only miffing the taking of this City, but likewife by befie- gingit,"loft as I faid before, the opportunity ofeffc&ing his Grand Defign , (the making an end- of the War) by not marching dire&ly up towards London. During this Siege, there happened in the Kings Army an Accident not un- Sr. Nicholas fir mention : Sr. Nicholas Crijpe, One of the Farmers of the Cuftoms, but kl^r' now Col. of a Regiment of Horfe for his Majefty, and who had the charge of jm s 'i)ott. convoyjng the Train of Artillery fene from Oxford co the Siege of Gloceßer, which he brought in fafety to the Camp, had his Quarters taken up at a Knights houfe at Roußldge near Ghcefter, where coming, he found that Sr. James Enyon and fome other Gentlemen of no command in the Army, had taken up fo much of the Houfe as did very much incommode Sr. Nicholas; which yet he p.iffed by with all Civility: Ac length , fome of the Gentlemen had their Horfes miffing out of the Paftures, whereupon they charged Sr. Nicholas hi? Regiment with them, or indeed roughly demanded them of Sr. Nlcholai him- feif, who civilly promifed his beft endeavours to find them our, butrefufedto draw up his Regiment, only to fatisfie Sr. James Enyon, who nothing concerned himfelf, very ftifly urged ic for his Friends : Whereupon Sr. James angerly departs, and immediatly fends Sr. Nlcholai Crlsfe a Challenge, to meet him with Iris Sword in a Field adjacent to his Quarters, with this Proteftation , that if her efufed, he would Pißol him agalnfi the Wall: Sr. Nicholas uyon this meets him, accompanied only wich one Gentleman , and finds Sr. James and him thac brought the Challenge at the place appointed; he firft endeavours to perfwadehim coreafon, but finding him refolved co cake no other fatisfahtion than the Sword, they fight, and St. James is wounded under the Rim of the Belly, of which, within two daies after, though firft Cbriftian-liVe reconciled to % of (jreat Britain and Ireland. <97 to Sr. Nicholas 6riß>e, he died. Hereupon a Legal Trial was offered to any Complainant, thac would profecute, and none coming in, on the fecond of Ottober the Council of War fate thereupon, and gave Sentence thus: " In "the caufe depending againft Sr. Nicholas Crifpe Knight, concerning the death " of S r. James Enyon Knight, flain by him in a Duel in September laft, the Court " being informed that an Affixer was duly fee up upon the Court-Houfe-Door, " according to their Order of the 28th. of Sept. laß, and the Afflxer afterwards " taken down, and brought into the Court, and Proclamation being made, and " no man appearing againll him; yet upon Examination of all the matter and "difference between them, and that the Friends of the flain taking notice " thereof: The Court proceeded to Sentence. " That although the Court doth condemn all manner of Duels, and utterly " difallow them, yet in this particular cafe of Sr. Nicholas Crifpe, in confidera- " tionof the great Injury he received in his own Quarter, and how much he " was provoked and challenged, the Court have thought lit to acquit him of any " punifhment in this Court, and doth leave and recommend him to his Ma je - " flies mercy, for his gracious Pardon. The fecond of Ottober, 1645. Signed. Forth (Lord Lieutenant General and Prefident) Dorfet, Brifiol, Northampton , An day er , Danfmore , Jacob Afiley , Arthur Ajhton, William Brumchard, and John Byron. By whom the whole matter was reported to the King, and Sir Nicholas brought to kifs his hand ; from whom he received a gracious Pardon under the Great Seal of England, and was afterwards intrufted in high Commands for His Majefly, both by Land and Sea. G H A P. L. kA frort account of the Affairs in Ircland, Ceßationof Arms there y fme Englifr Forces come oyer from thence. IReland had all the while thatthefe Diftra&ions reigned in England lain like- wile weltring in her blood, the Parliament notwithflanding many large and fair pretences of theirs, and the many and earned Meflagesof the Kings (be¬ fore the beginning of the unhappy Wars in England,) defiring their counfel and alflflance fortheextinguiflaing of that flame before it had quite confumed thac Kingdom ; refufingto levieone man towards the fupprelflon of that Rebellion, till fuch timeas the King haddifduimed his power of prelfing Souldiers for his defence by Act of Parliament: which done, they contracted with the Scots,their allured friends, to fend an Army into the Northern parts of Ireland upon thefe following Articles: x. That Provifion of Vidtuals fhould be prefently fent to Carrick^-fergus to be fold to the Scotch Souldiers according to their pay. 2. That the command of the Town and Cattle of Carrick^fcrgus fhould be delivered to the Scots, to remain there, or inlarge their own Quarters into the Countrey. 3. That Match, Powder, and Ball, be fent from hence; but that what Arms, Ammunition,or Artillery, fhould go from Scotland with their Forces, fhould be fupplied out of England. 4. That a part of the Brotherly Alflflance (thirty thou- fand pound) be advanced to them prefently; which though in proportion came but tofeven choufand five hundred pounds, yet that they might have ten chou- fand pound for their encouragement. 5. That their pay, which was condefcen- ded to commence from the eighth of December, 1541. might be advanced to the eighth of February, when they hoped to march. 6. That tbey might have a con¬ venient number of Ships for convoy. And upon thele Articles the Scots will be content to fend over two thoufand five hundred men into the North of Ireland; P and 1*4 h Haverford-Weft, Pembroke and Exeter; true it is, there were befides chefe, fome inconfiderable Garifons taken and retaken on bo'h fides. ioi Is V. jjjufelffll CHAP. The Chili IF dry es CHAP. LI I. The King fumntons the Parliament to Oxford. ' ' . s: ,, 18 THe King having fo fucceisfully fetled his Military Affairs this year, retired to his Winter-quarters at Oxford; whither he had by his Proclamation of the two and twentieth of December fumm«ned the Members of both Houfes to convene on the two and twentieth of January fallowing : Where accordingly they met in the Great Hall at Chrifts Churtb; whither the King coming to them, acquaints them, That the occafion of his calling them together, was, that they might be Witneffes of his Addons, and privie to his Intentions; and that it might appear he had not the leaft thought disagreeing with the happinefs of this Kingdom: for if he had, he would not advife with fuch CounfellorSas they. Aad fohe difmiffed them to their Seats, the Lords in the upper Schools, aad the Commons in the Convocation-houfe. Tjiefe were fuch, whofe Loyalty to their King and Countrey had made them defert the Parliament at Wefimlnßerj and come to His Majefty; whofe Names therefore deferve to be recorded. They who fate in this Parliament, were; CHarlesy Prince. Duke of Torf. c Wentworth. Cromwell. Rich: Paget. Duke of Cumberland. Edward Littleton Lord Keeper, Chandcis. Fr. Cotttngton Treafurer. Howard of Qharleton. Duke of Richmond. Marquefs of Hartford. Lovelace. Sovile. Mohan. Earls. Danfmore. Lindfey. Dorfet, Shrewsbury. Bath. Southampton. Leicefter. Northampton, Devonjhire. Carlifle. Brjfiol. Barkjhire. Cleveland. Rivers. Dover. Peterborough. K ingßon. Newport. Portland. Seymour. Pierey. Wilmot• Leigh. Hatton. Jermin. Sir John Feetiplace. Sir Alexander Denton, Sir John Packington, Thomas Smith. Francis Gamul. John Harris, Jofeph ^axe. Richard Edgecomb« Jo: Raleigh. G: Fane. P: Edgetombe. William Glanvile. Robert Hobnrnt. Knights and Gentlemen. >. Lords. Digby. Alowbraymà Matravert, Sit of Qreat Britain and Ireland; Sir Ralph Sydenham Sir Francis Godolphin. Sir Richard Vivian. Sir Thomas Hele. Sir Orlando Bridgeman, Sir Thomas Bladder. Sir Richard Cave. Sir Riehard Weft on. Ger: Parry. Ambrufe Manaton. fo: Polewheele. Jo: Arundel. Thomas Lower. Edward Hide. William Alleftry. George Stonchoufe. Edward Seymore. Peter St.HiU. William Poole. Roger Matthew. Richard Arundell• Robert Walker. Giles Strangeways. Jo: Strangeways. Gerrard Nape. Samuel Turner. William Conftantme. Henry Killegrew• Ro: King. John Dutton. Henry Bret. William Chadwell. Theo: Gorges. Jo: George. Thomas Fan ft aw. Humphrey Conmngsby. Richard Seaborne. Arthur Ranclagh. Thomas Tomkins. Samp Jon Eaers. Jo: Culpepper. Jeffrey Palmer. Jo: Harrifon. Thomas Fan ft aw. Roger Palmer. VVilliam Wat kins. John Smith. Edward Littleton. Harvie Bagot. Richard Levefon; Richard Lee. Thomas Whitmore. r;rn; H*- \ KV.l) Edward AFlon. C: Baldwin. R: Goodwin. Thomas Howard. Thomas Littleton. Robert Howard. John Mecox. Matthew Davies. Francis Cornwallis. Thomas J er min. John Taylor. William Baffet. William Bateman. Edward Ridney. Thomas Hanham. Edward Philips. Jo:Digby. Edward Kirton. Ghriftcpher Lewkft. Edward Alford. fo: white. Jo: Ajburneham. William Smith. Thomas Leeds. J: Thin. William Pie del. Ro: Hide. Edward Griffin. Walter Smith. George Low. Richard Harding. John Bodvile. William Thomas. Henry Bellafts. WiHiam Mallory. John Salisbury. William Prue. Robert Herbert. Philip Warwick^ Herbert Vrice. Henry Herbert. Endmion Porter. Samuel Sandys. William Morgan. John Mift in. George VVentmrth. Richard Aldbury. William Herbert. lohn Prue. Charles Price. Thomas Cooke. Jo: Whifter. IO7 So that the number of the Peers which fate in this Parliament at Oxford, forty four (whereof two, viz,, the Duke of Tork^ and Prince Rüper . I ed, viz. the firft Duke of Torft-, as he had been ' ^ ■ i f ill" ! , i U The QìViIl tParres be called at his birth, Anno 163 3. and the fecond Earl of Holderneffe and Duke of Cumberland (that fo they might fit and vote amongft them ;) and the num¬ ber of the Commons no lefs than one hundred and feventeen: But befides thefe, there werefeveral others, both of the Peers and Commons, who had deferred the Parliament at Weftmlnfter, but could not appear here, being impeded either by feveral accidents, by being imployed in His Majefties Service, abfenc beyond Sea, or imprifoned by thofe at JVefiminfter. / Thofe Peers impuded appearance by feveral Accidents, were: Lord Vifcount Cambden. LORDS. Abergavenny. Armdell. Capell. Newport. Thofe Peers imployed in His Ma jellies Service, were, Martjueffes. Wwchefier. Worcefier. Newcafile. Earls. Darby. Huntington. Clare. Marleborough. Lord Vifcount F alhynbridge. M'or ley. Lords. Darcey and Cottiers. Sturm. Euers. Daincottrt. Faulet. 'Brüdentil. Powejfe. Loughborough. Vaughan. Herbert of Cherbury. Hopton. Byron. Withrington, Peers abfent beyond Sea. Earl of Arundell. Earl of St.Albans. Stanhop. Coventry. Goring. Vifcount Mount ague. Vifcount Strafford. LORDS. Craven of Hamfted. Cr oven of By ton. The Earl ef Cheßerfield and the Lord Mount ague of Boughton were confined by the Parliament at fVeflminfler. Thofe Members of theHoufe of Commons which were difabled from appearing at Oxford, were: Earl of Corkj Sir John Parvler. Sir John Burlacis. Sir Robert Hutton. Sir Gervafe Clifton. Sir Guy Palmes. Sir Patrick^ Cur win. Sir Henry Bellingham. Sir George Dalflon. Sir Thorn at Stanford* Sir of (fr eatBritain Ireland. Sr.William Dalflon. Jo.Ruffell. Si. John Brich. Thomas Chichely. Sr. John Stepney. Robert Sutton. Peter Kenables. 'fervafe Hollis. Edward Bagfhaw. Ad ich. Wharton. Francis Newport. lames Swdamore. Anthony Hunger ford. Thofe Commons imployed in His Ma/efties Service were, \ • Si.lohn Finch. Si.Thomas Roe. Sr .William Carnaby. Lord Mansfelt. Sr.Thomas Danbp. Hugh Porter. Sr. William Ogle. Walter Curie. Sr.Thomas lermin. W llam Stanhop. Sr. lohn St owe l. lohn Fcmvlck. Sr. Robert Strickland. Ralph Sneade. Sr. Philip Mufgrave. • lohnCoucher. Sr.Henry Shngsby. lohn Coventry. St.lohn Adallory. lo.Bellaßs. ' Sr. Thomas Ingram. Thomas Hebelthaite. Sr.Hugh Cholmely. lohn Vaughan. Sr. George Wentworth. Richard Ferrers. St.Walt er Lloyd. George Hartnoll. Si.William Udall. Robert Hunt. Sr.Thomas Bourchier. Thomas May. So that there were no left thin eighty two Peers, and one hundred fevenry two of the Commons abfant from the Parliament ac Weflminsler • wherefore the Number aforefaid appeared and fate at Oxford, but would neither take upon rhem the name of a Parliament, nor A6t any thing in Order to His Mtjefties Deligns; All that ever they did, that ever I could hear of, was the writing of the following Letter toEtfex for a Treityof Peace,viz.. RIy Lord, . " J" TIS Mtjefty having by His Proclamation of the rWo and twentieth of De- 1 J." cember Lift ( upon occafion of this Invalion by fo me of His Subjects of u Scotland ) lummoned all the Members of both Houfes of Parliament to ar- " tend Him here at Oxford, inviting us in the faid Proclamation by thefe gra- " cious ExpreiTions : 7 hat His Sub/ells jhould fee how willing He was to receive " Advice for the preferv at ion ofthe Religion, Laws, and Safety of the Kingdom', tc and as far as in Him lay, to reftore it to its former Peace and Security ( His chief tc and only End) f om thefe whom He had t riffled, though he could not receive it in the " place where he appointed. Which hath been made good to us,and feconded by fitch then at Court,and fo great a confidence had the King of their Loyalty)his relations of the Covenanters deligns were by mod looked upon as Fables, and his Propohtions of Remedies before they could come to too great a head looked upon only as the motions of his own ambitious mind, the eafier to get into command. Till at length, firH by the continued reports of the raifing of that Army, and at length by their perfonal Invafion of England, the King was forced to believe, that what¬ ever Alontrofs had told him was really true, and that He was betraied by His too much credulity in the Hamiltons; He cherefore now applies Himfelf to the faith¬ ful Montrofs, (whofe former Counfels he now clearly perceived to proceed from a Super-Loyal foul, andnot out of Ambition, Self-ends, or Malice to the Ha¬ miltons as was fuggefied, ) and craves his Counfel; who glad at lad that he might be admitted to the Service of the King his Mader, propofes: Fird, Thac His Majedy would be pleafed to fend fome Souldiers out of Ireland into the North of Scotland. Secondly, That He would give Order to the Mirquefs of Nemafile, General for His Majedy in the North of England, to alTid him with a confiderable Party of Horfe, to enter the South of Scotland, that fo he might convey himfelf into the heart of the Kingdom, and joyn with the Irifh Forces. Thirdly, That He would deal with the King of Denmark^ioi fome Troops of German Horfe, Cavalry being the only thing which he fliould in all likelihood want. Fourthly, That His Majedy fhould take fome courfe to procure and tranf- port fome Arms, &c. out of fome forraign Country into Scotland, and with this alfidance he would willingly hazard his Perfon, and doubted not,but by the help of God to prove ferviceable to His Majedy, and dedruòdive to the Rebells. His Majedy highly approved his Counfel; and to put it the more fpeedily into exe¬ cution, heconfults with the Earl of Antrim about cranfporting fome Forces ouc Antrim pvomi- of Ireland, which he readily undertakes to do, and promifed, that by the fird of fes Momrofs April, 1644. he would be in Argyle with ten thoufand men, though he was fat10000 from performing it. Colonel Cockram was fent to negotiate with the King of Scaiimd. Denmarkj> ar)d Orders were fent to the Marquefs of Nerve a fie to fupply Montrofs with a good Party of Horfe according to his defire; and foon after himfelf was difpatched with Commilfion to be Governour of Scotland, and Gene¬ ral of His Majeflics Armies there; but being come to Durham to the Mar¬ quefs *of Newcastle, indead of that aid of Horfe which according to the Kings Indructious daould have been given him, he found nothing but I ,.A % . ,i.»;} -« W 110 I Ì 1 pi 1 11 it HI I i' ìl Mi ii Iii I • • tit Montrofs ad¬ vances into Scotland. Returns un¬ fortunately. The Chill War r es but complaints of the Marqueffes, of the weaknefs of his Army, that the breaking in of the Scots in the middeft of winter had fpoiled his Recruits; and that the Rebels were then quartered in greater numbers than himfelf, within five miles of him; however, at length he fpared him one hundred Horfe, buc thofe lean and ill accoutred,and two Field-pieces,and like.vife gave Orders to the Officers of the Kings Army in Cumberland and iVcslmorland to wait upon him into Scotland, which they did, with three Troops of Horfe and eight hundred Foot; with which fmall Forces, and the two hundred Florfe brought with him from Oxford, he firft entred Scotland in u4pril, 1644. but being there, and hearing no news of Antrim's, Irifh, his Souldiers deferring him, and running home, he was forced foon after to return unfortunately. Se iet us leave him, till his fecond more gallant and fuccefsfull entrance into that Kingdom, and end this year with an account of Prince Rupert's raifing the Siege from Newark. That Garifon had three weeks together been befieged by Sir lohn Meldrum for the Parliament, when Prince Rupert being at Weftchefler on the 12th of March, received command from the King to march with all fpeed to its relief, which he did, with four thoufand Foot and two thoufand Horfe and Dragoons, recruiting his Army likewile at feveral places as he went; and afterwards, notwithftand- in° the endeavoured oppofition of Meldrum, joyned his Forces with Major Ge¬ neral Porter and the Lord Loughborough, and that night of their conjun&ion quartered at Bingham about eighc mile from Newarand about two a clock in the morning advanced towards rhe Enemy, who had fcarce any other advice than a rumour of the Princes coming; upon which they drew off their Batteries into the chief Work at the Spittle or Exceßer-Houk, which fome of Prince Ru¬ pert's Efpials underftood to be their hafte in fending away their Canon, and ac¬ cordingly give the Prince an account of it; and he imagining that they were marching off, ports with the Van of his Horfe to overtake them, ordering the reft of his Horfe to march along with the Foot, Canon and Ammunition. Be¬ ing come to the Beacon-hill, within a mile of Newark1, he perceived fome of the Enemies Horfe, who upon bis approach drew down the other fide to their own parry. The Prince having gained the Hill, and gueffing at the advantages he had upon a retreating Enemy, turning to his Souldiets, Come (fays he) cou¬ rage, let's charge them with the Horfe we have, till our Rear and Fout be marched up tow ; and fo trooping on along the Hill, he perceived molt of the Enemy in Battalia, Horfe and Foot, onely four great Bodies of Horfe expcèted him at the very defcent of the Hill. The Prince having ordered his Forces, fell on; The Fight began about nine a clock in the morning, and fought very fturdily on both fides, the Prince himfelf through his too much forwardnefs being once very hardly engaged by three lufty fellows, whereof one died by his own Sword, a fecond was piftol'd by Monfieur Mortaigne one of his Gentlemen, and the third ready to lay his hand on the Princes collar, had it nigh chopt off by Sir Willi¬ am 'jVeale; being thus difingaged, he charged thorow and routed that Body, and purfued them almoft to the Spittle, where their main Body lay; whilft in the mean time Major General Porter, the Lord Loughborough, and the other Commanders, had routed the other three Bodies of Horfe, and purfued them to their Trenches, with the lofs of Sir Charles Gerrard, who by reafon of the fall of his Horfe was taken Prifoner. Then bath Parties after a while rallied again, and a fecond tough difpute there was; but in the end Sir lohn Meldrum's horfe were beaten quiteout of the Field. Jn both thefe Encounters the Prince took five Cornets, and about ninety Prifoners, whereof three Captains. The Enemies Foot had not yet advanced, and Prince Rupert now flayed for the reft of his Horfe and Foot; which being come, the Enemy drew all their Horfe and Foot into the Spittle Work; which the Prince refolved to have ftormed, had he not received advice that they were in extream- want of Pro- vifions, and that it was impoffible they fhould fubfift two days. Whereupon he determined ic would prove a cheaper Viòfory to block them up; which counfel 11 ft" 1ft of Cjyeàt Britain and i reland. 111 cotmfel be took, and on all fides furrounded them with his Army. The Town was on the South fide of them, on the E?.ft lay the Prince, on the North The Bdlegers Colonel Tilliar, who commanded the Princes Foot; and into the Ifland on the lcg Weft, had the Prince put feven hundred Hörle and Dragoons 5 fo that they had no way fafe to fally, and little hope of fuddpi relief: and fenfible of their own condition,they foon after fent out a Trumpet to defire a Parley; and to fweetenthe bufmefs, lome hours before had fent out Sir Charles Gerrard up¬ on his Parole, to return again, and prefent himfelf a Prifoner when he fhould he called. The Parley was accepted, and between Sir Richard Crane, Captain of the Princes Guard, and Sir William Neale, Scoutmafter General for the Prince; and Sir Miles Hobard, and Sir Jehu Palgrave, for Sir lohn Meldmm, thefe Articles were concluded on : I. That all Match, Bullet, Powder, Canon, and other Fire-arms, belonging fo the Artillery, fhould be delivered. a. That all Souldiers ftmild march away with their Swords by their fides, and Colours and Drums, 3. That all Officers fhould march without moleftation with their Arms and Horfes for themfelves and Servants, and all Bag and Baggage, Money, and whatfoever did truly belong to themfelves. 4. That all Troopers and Dragoons fhould march with their Swords,Horfes, and Colours. 5. That his Highnefs fhould fend a Convoy to protedf them from any injury, two miles from the utmoft of his Quarters, Thefe Articles were concluded on the 2 2 of March ; an eafie Vidfory it was, and as eafie Conditions to the conquered : but it was thoughc no wifdom to provoke a diftreffed Enemy to ddfperation ; and befides, the Orders given to the Lord Fairfax and his Son to march, made the Prince believe he fhould have other Work fhortly to do. L H A P. L V. Brandean-Heath Fight. Selby taken by Fairfax. The 'Parliament at Oxford prorogued. The Kings Tro- teflation. THere was the later end of the laft year fome dilference between Sir Willi¬ am waller and General Ejfex-, Waller 'tis fuppofed encouraged by fome Members in the Houfe of Commons, after his taking of Arnndel-QzlWe, had fent to the Parliament, defiring their Commiffion to him to place and difplace all Governours of Towns and Caftles within his Affociation ; which if granted, extreamly took off from Ejfex his Authority, from whom all Military Commi£- fions were before derived; and it feems, as appears by his Letter to the Parlia¬ ment, he had limited Sir William Waller in his Commiffion more than ufually he did others. Thus he writes, That in truth the Commiffion he fent to Sir William Waller, was not fo full as he ufually granted; and that the reafons why he was fo limited, were not to be difcovered ; adding further, as if he were difpleafed, That he did no more than what he ought to do: That the charge he took upon him, was not of his ownfeeking, though it was a great encouragement to him, that the Houfes once thought him worthy of the fole Command; which how¬ ever leffened., yet he would never defert the Caufe as long as he had any blood I £44, hi The (jyìU JTirres b!oudin his veins, till the Kingdom had regained her peace, or an end by the Sword, &c. However this Spring Sir William having lain a good while com¬ pleting his Le wies at London, he marches out Commander in Chief of his own Army,without dependance on £Jfex his direction. At his going out of Lon¬ don, Fading and Prayers are made in all Churches for the good fuccefs of the Ser¬ vant of the State, now going out to fight the Lords Battels ; and fo forward he goes to find out the Lord Hopton, u who had drawn a considerable Party of Horfcoutof winchefler to oppofe Sir William Ba/ford, whom Waller had fenc to pofiefs Alrelford; But his Lordfhip was too quick for both the Sir Wil¬ hams, and had gotten there before , fo that Waller was forced to quarter in the Villages, whom the next morning the General Forth and theLo'd Hop- chcàton fight, ton went out tofeek on Br andean Heath, whom they found poffeiTed of a very advantagious Hill, but after a hot encounter they forced him from it, and Co¬ lonel Life was commanded to keep it all night, whileft wJlcr taking the ad- vantageof the night po (Teiles himfeif of a far rtronger ground, made more ad¬ vantagious by the Coverc of Trees and Hedges; hither Colonel Applesford was fentto difpoflelfe him, but he found it very difficult byreafon of the enemies powring down fborfrom among the Trees and hedges; yet at length, though with a great de d of lofles, he forces Waller from the Ground; but Hopton put- fuing further, by the mill ike of a-Corporal, who took his Enemies for Friends, was by Wallers Arnbufcadoes forced to a diforderly retreat, but neither fide could have caufe to brag of the victory, both of them being fufficiently beaten: On the Kings fide were loll the Lord John Stuart, Sir John Smith, Colonel Sandf s, Colonel Manning, and Colonel Scot, who died of their wounds after the fight. That Lord Stuart was the third Son of £ßne Duke of Lenox, and the Second of that Noble Family that loll his life in his Soveraigns fervice. There were likevvife hurt in this Battle Sir Henry Stowell,Sir Henry Bard,Co\.Appleyard, and Captain Peirfon. The Parliament Army loft tome Officers, and Colonel Thompfon had his leg ftiot off by a Cannon bullet. After the Battel the Cava¬ liers drew off diforderly towards winchefter, but wheeling about went to Baßng, tri-1 rfar ^ Whileft marches to winchefler, and, upon Summons had the City furtvn- M cj er. him. This Vidtory of Wallers was highly cried up in the City, and his Credit fully regained by it, a folemn Thankfgiving ordered thoughout the City, and fome Me nbers of both Houfes fent to Congratulate with them fo; the happy news, and to encourage the rr to new Supplies, for (fill they wanted them, and amongft other Speeches, the Earle of Pembroke and Montgomery tells the Citizens: That the City Auxiliaries had done their part, and if they went out but once more they would rid the Kingdome of thofe Rogues the occafion of all our miferies. Thefe Succefles of the Parliament make the King draw his Army to a general Rendezvouz ; and the Parliament likevvife are very bufie in recruiting their General Ejfex his Army, which they order to be compleated to feven Regiments of Foot, and fix of Horfe, and aeonftant pay of thirty chou- fand five hundred and four pound a month; for the better defraying of which Ordinance for Charge they find a new way of making the Citizens fart, by making an Ordi- Tuc.doy meals mncej That all Inhabitants in London and Weßminfler, and Lines of Communi¬ cation fhall pay each Tttefday the value of one ordinary mcale for himfeif and Family, according to his quality and condition, to be aflefled by fitting perfons in each Ward, and this to continue for fix months; fo that what the Citizens did firft of themfelves for fecting forth their Favorite Waller, is now by the Par¬ liament thruft upon them for maintenance of Ejfex his Army. In the North,the march of the Eàrleof Newcaflle being neceffitated, aslfaid before, to advance with his Army toward the Scots, the Lord Ferd'wando Fairfax, and his Son Sir Thomas,had Order given them for reducing Torkftire for the Parliament; and having had feveral fuccefles againft the Cavaliers in that County, on the tenth of April they drew near to the Garrifon of Selby, where rhofe of the Town Tallying out upon the n,Fairfaxes forlorn-hope beat in again, and purfued them to the very of (jreat Britain and Ireland. 115 very Gates; and the next morning furrounding che Town, after a very not en¬ counter, entred it with a great (laughter to thole within; a thoufand Prifbners taken, mod of the Officers, and good (tore of Ammunition; and to make him yet more victorious, he had foon after the like fuccefs at Hemptough, not far from Selbj \ fothit he was fain to write to the Parliament, deliring their Or¬ der how to difpofe of the Prifoners. The Kings Army being now almolt ready to march, on the fixceenth of April He prorogued the A (Terribly of Parliament Members at Oxford, they themlelves deliring to recede, and at their departure He tell them: " That He was brought thither by themfelves, they defiling to " part with Him. The fame defire and zeal ( faies He ) that brought you hither, and ftaid you here, feeks this recefs; So that by distributing themfelves into " feveral Counties, all might reap the fruic of tneir Confutations. That He " heartily thanked them for what they had done,and fully approved of what they " defired ; To them that had Charge in His Armies He recommended their " Example and Difcipline againft Licenfe and Dilorders: To chofe engaged in " Civill affairs to expedite the fupplies of moneys, being the Nerves of the *' War; That they lTiould be fure to inform all His Subjects of the odioufnefs of Nobility and Gentry attending Her as far as Abingdon, and from thence a fuffi- cient Convoy of Horfe being appointed to guard Her Perfon thither. But before His Majefties departure from Oxford He received the blefled Sacrament of the Lords Supper from the hands of the Arch-Bilhop of Armagh, in theprefence cf His Peers,and jufl before His receiving the fanòTified Elements, beckoning to the Arch-Bilhop of Armagh to forbear a little, He made this Proteftatiori. " My Lord, I efpie here many refolved Proteftants, who may declare to the " World the Refolution I do now make: I have to the utmoft of my power " prepared my Soul to become a worthy receiver, and maylfo receive comfort " by the blefled Sacrament, as I do intend the eflablilhment of the true re- * formed Proteftant Religion, as it flood in its beauty in the happy daies of " Queen Elizabeth, without any connivance at Popery. IblefsGod that in tl the middeft of thefe publike diflra&ions I have (till liberty to communicate, " and may this Sacrament be my damnation if my heart do not joyn wi'.hmy " lips in this Proteftation. From hence I appeal to the moft partial Judgement whether he can think,that the King at all deferved thai (landerous imputation of an intention to introduce Popery. R CHAP. TT-.-I 114 The Chili Wanes CHAP. LVI. Prince Rupert takes Stopwafh, and relieyes Latham Houfe • The ^Parliament hafien their lArmy out. PRince Rupert after his Vidtory at Newarkt hough he lay never Idle,yet few a&ions of notehapned from that time till the 21 of May., when marching towards the Relief of Latham Houfe, (which was befieged by the Colonels Elßon, Moor, and Rigby, with addition of Sr. Themas ATiddletons, and St.tVill.iam Fair¬ faxes Forces, and held out by the gallant Countefsof Derby,) coming near to Stopwajh (a Town feated upon the River Merfey,which divides Chefhire and Lan¬ cashire )kept by aflrong Garrifon of the Parliaments ; aParcyof about three thoufand Horfe and Foot faced his Horfe, till he about fix a Clock in the Even¬ ing, coming up with his Foot, the other Side withdrew to the Hedges, lining them thick with Shot; here he muft pafs,and therefore Orders Colonel Wajhing- ton with fome Dragoons to fcoure the Hedges, which he gallantly did, forcing them to the Town, and the Prince, following clofe at their heels, entre-d with them, took the Town, with all the Canon, Arms, and Ammunition,and a great number of Prifoners. And being now pofleffed here, and fo near unto it, he fends fome Relief to Latham Houfe, (for the Enemies upon the Report of his coming had packt up their Baggage and were gone,though with fome lofs ia their Rear,which the Befieged fell upon, flaying fome,and taking others) and indeed this Houfe flood in great need of fupplyof all things neceffary for a Garrifon ; it had endured eighteen Months Siege, and were reduced to extream neceflity for want of Provifions, which made fome of Collonel Moers men ftickaBreaflof Mutton on a Pikes point, and dare thofe within to come out and dine, but they paid for their Jefl: for Captain Chifnal Tallying out upon them, entred their Trenches, took feveral Prifoners, and fome Colours, which carrying to the back Gates of the Houfe,opened them, and fhevving the Colours, Cried out, A La¬ tham, a Latham, the Houfe is taken; whereupon the Enemy, ignorant of the De¬ ceit, advanced in a Body with all fpeed to the Gate, when at a convenient di- ftance thev within fired three Pieces of Ordnance upon them, doing much exe¬ cution ; feveral other Sallies and Skirmifhes there were before the Houfe was relieved. To Gloceflerfhire Colonel Purefoy was fenc by the Parliament with four hundred Foot,and a Regiment of Horfe, to remove or take in the Cavalier Garrifons which fore diflurbed the City, and had better fuccefs in taking Bever- flon Caflle, than thofe Forces fent by MaJJey, Governourof Glectfler, had, who Maffeyfom- taking opportunity of St. John WInters ablence in Wales, came before his houfe in the Forreft of Deane, where his Lady now kept Garrifon, whom they fummon in hiTabfcncc. to fi>rrender the houfe for King and Parliament, engaging by the honour of Go- vernour Majfey, that her LadÌfhip fihould receive Proreètion for her and hers with good ufage, but if flie refufed, Fire and Sword muft follow: But flie,flight¬ ing their menaces,bravely returns the Commander of thofe Forces this anfwer: SIR, Mr. Winters unalterable Allegiance to his King and Soveraign,and his par¬ ticular inter efl to this place hath by Hit Majefiies Commlffion put it into this Con¬ dition,rvhich cannot be pernicious to any but fuch as oppofe the one,and invade the other ; wherefore refi affured,that inthefe relations we are by Gods ajfifiance refolved to main¬ tain it, all extremities net with/landing. Thus much in Mr Winters abfence you (hall receive from Mary Winter. So of Great Britain and Ireland. nf. So chefe Forces, like Fools as they came, marched off again, the place being too well fortified for them to hope any advantage by attempting it ; but loon after Maffej himfelf cakes two Garrifons of the Kings, A-falmesbury by ftorrn, and in it 100 Prifoners; and Tenxbury byfurprize. Whilft the Parliament at Htfiminfier, hearing of the forwardnefs ©f the Kings Army, make hälfe with the letting forth of theirs; and for the better effecting it, are forced, befides the Tax of Tuefday meals,to borrow one hundred thoufand pound more of the City Money bor- upon the publike Faith, ftill telling them as they had doue many rimes before : tfac That this would make an end of the War, and fettle Peace for evermore; and irjr' encouraging them to the readier Payments by continually buzzing in their ears the late happy fucceffes of Sr. William Waller, and giving them Holy-daies, and daies of Thankfgiving for Vidfories only in imagination. The Army being at length fuppofcd to be in a readinefs, their general Rendezvouz was appointed to be at Alisbury in the County of Bucks, where all the Generals men CHAP, LVIl. The King marches from Oxford ; E ffcxand Waller divide could to get before His Majefty. Buc the King having thus amazed him got with his Foot before night to Worcefier, his Horfe followingfoon after, Waller two daies march behind him, came directly to Burford, where he received Ammunition and Artillery convenient, and at whitnej fome freili Forces are i.mboitci with his Army, and now he goes to feek out Waller who before R a had! 1 IpliSJÌ! • • ' ì rt'4;v>l - '■/IUI?1 ii6 The im War res had chafed him, and firft faces him in Grymsbury fields,near Banbury, having'ap- pointed a thoufand well commanded men to defend that fide of Barley towards the Enemy,and alfo Nethorp a Village,which was difputed till night with lofs on both fides. The next morning early Waller drevv off to Burton hill nearer to Ban¬ bury, and there taking the heft advantage of the ground, (food in Bactalia, nor The fi 1 t at wou^ be provoked to come thence ; fo the King marches'off, leaving a Guard of Crtpedy Bridge Dragoons at Cropedy Bridge, the Pafs over Char wet betwixt the Armies; Waller efpying the Kings Van and main Body marched off, and the Guard gone off, made toward the Bridge with two thoufand horfe, and nine thoufand Foot, with fourteen Piece of Ordnance, fufficienr,as he thought, to difirefs the Kings Rear, which confided of the Earl of Northamptons and the Earl of Clevelands Brigades of horfe, and Sr. Bernard J ft ley's Tertia of Foot, who facing about upon Waller charged twice through and through, and were fo well feconded that they routed him both horfe and foot, killed 150 upon the place, took to Piece of Ordnance among which were fome Leather Ordnance, made by one Weems a Scot, and fvvorn Servant of the Kings, having been by him made Mafier Gunner of Eng¬ land, worth 3001.per annum, and had befides 2000/. given him for the work- manfhip of thofe leather Guns,which now tajl into his Majefiies hands, together with their workman ( General of Wallers Artillery) who being brought before t he King had yet the confidence to tell him, That in geedfaith his heart was al- waies with Hit Majefty ; befides him there were Prifoners Lieutenant Colonels Baker and Baines, three Captains,two Lieutenants, four Cornets, with other En- figns and Officers. The King loft two worthy Knights, Sr. William Boteleer, and Sr. William Clarke,and had fome Officers hurt, and very few Common Souldiers flain. This defeat made Waller haflen ro London for Recruits, where his good Lady at firft fight fainted him publikely: Thou man of God comekifs me. The Kings Majefty, after this good fuccefs againft thefe Forces of the Parlia¬ ments under the Command of Sit William Waller; yet having his mind ftill intent upon the good and welfare of the Nations, fends this gracious Meffage for peace to the two /foufes of Parliament from Evejham, on the 4th. of July Meffage for peace. five daies after the fight. C. R. " f )T JE being deeply fenfiblc of the miferies and calamities of this our V V " Kingdom,and of the grievous fufferings of Our poor Subjefts, do 11 moft earneftly defire that fome expedient way be found our, which by the bleffing of God may prevent the farther effufion of bloud,and reftore the Na- 4t tion to peace, from the earneft and conftant endeavouring of which,as no dif- " couragement given us on the contrary part fhall make us ceafe,fo no fuccefs 011 u Our part fhall divert us. For the effeòfiing thereof, We are moft ready and " willing to condefcend to all that fhall be for the good of Us and Our People, whether by way of Conformity, which we have already granted, or fuch fur- " ther Conceffives as fhall be requifite to the giving of a full aflurance of the " performanceof all our moft real Profeffions, concerning the maintenance of w the true Reformed Proteftant Religion eftablilhed in this Kingdom, with due " regard to the eafe of tender confciences, thejuft Priviledges of Parliament, " and the Liberty and Property of the People, according to the Laws of the " Land. As alfo by granting a General Pardon without,or with Exceptions, as fhall be thought fir. In order to which blefled Peace, We do defire andpro- " pound to the Lords and Commons of Parliament affembledatwy?K5/V;/?fr, " that they appoint fuch,and fo many perfons as they fhall think fit, fufficiently { 7he Siege of Dennington CaSlle by the Tar Hamerns Forces', 7be £arl of Northampton raifes Banbury Siegelnd defeats the Befiegers. WHilft the King was bufie inclofing Effex in the Weft, Middleton, a Sot, Lieutenant General to Sr .William Waller, with three thoufand Horfe and Foot comes before Dennington Caftle, near Newbury in Barkefhire, on the firftof Anguß-, and having, after two daies furrounding the Garrifon, gained a Barn from them, ha. then lends a Summons to Lieutenant Colonel Blay's the Governour, demanding him to render the Caftle of Bennington to him for the ufeof King and Parliament: That if he pleafed to entertain a Treaty he llaould have very honourable Conditions ; his defire to fpare bloud made him propofe this, to which he defired an Anfwer, atad had one immediately returned him from the Governour .• Telling him,That he was entrufted by his Majefties lpecial Command, and had not yet learned to obey any other than his Soveraign ; That to fpare bloud he might do what he pleafed,but himfelf, and thofe that were with him,were fully refolved freely to vencure theirs in maintaining what they were there intruded with; Wnereupon the Aftailants advanced to the ftorm, and their Foot with fcaiing Ladders fell on in three places with a great deal of courage and boldnefs, but were as couragioufly repulfed and forced to retreat totheit Body of Horfe,with thelofs of one Collonel ,one Serjeant Major,eight Captains, fome Enfigns,and fourfcore and feven commonSouldiers,befides many wounded. The ftorm lafted lix hours, yet the lofs of the Defendants was very inconfide- rable, not an Officer flain, and the Common Souldiers hot many. The number of dead bodies lying under the Caftle Wall, to which the Governour could not give decent burial, he in civility acquaints Mlddleton, That Charity required him to give him no ice, that he had there many bodies of his which he could not ac¬ commodate with Chriftian burial, and many wounded which he could not dif- fpofe of, but he might,and therefore delired his Anfwer, which like a very Pref- byter, orworfe, he returns thus: That he conceived no inherent holinefs to be in any place or burial, that all earth was fit for thatufe; but for the wounded men,Prifoners, if the Governour pleafed to exchange them for their qualities, it flaould be taken for a curtefie. This repulfe had given Mlddleton enough of this Ciftle, and therefore away he marches towards the Weft after Effex, but in his way at BildgeveaterWii met with by Sir Frauen Dorrlngton, and Sir William Courtney , who having intelligence of his coming lined fome advantagious hedges, and then font fome carriages towards the King in Comwal llenderly guar¬ ded, as a baite, which being eafily feized, and hehaftening with them through a long narrow Lane he was furjarized by chefhot thundring from the hedges, and facing about was charged by the two Knights, his Party routed, many killed and taken, and he with the remnant forced to retreat to Sherburne in Dorcetfhlre, where meeting with a Troop of the Kings Horfe he fell upon them and routed them,in part revenging his former lofs. But let us return to Bennington Caftle, which though left by Mlddleton, yet was nor long without a Beileget. On the twenty ninth of September comes Colonel Horton, Adjutant General to Serjeant Major General Brown, who quick and fhorc,immediatly fummons rhe Governour, demanding cheCaltle for the ufe of King and Parliament, which if S 2 he 12$ Of $ U4 The Chill IFarres he denied,at his pèrill; but Lieutenant Colonel Bloys anfwe.rs him much to the fame fence as he had done Middlcton, telling him, That he fliould keep that place wherewith he was intruded by his Majettie in defpite of all his Forces, fo much contemning the Peril he mentioned, that he fhould be afliamed, were he in extremity, to render his Cattle to fo inconfiderable a Party : Whereupon Horm makes his battery from the foot of the Hill, continuing t© ply his greit fhot without ceafing for twelve daies and twelve nights, till at length he beats down three Tovvers,and a fmall part of the Wall, when an additional Force of two Regiments of FW, and a Regiment of Horfe came to him, whereupon a lecond Summons is font in to the Governour, but he continues refolute,that nei¬ ther their new addition of Forces, nor their high Menaces fhould deter him, nor rhe rett of thofe honett men with him,from their Loyalty to their Sovera:gn, but they we e refolved to defend the place to the utmott of their power; and io they did, for though the Earl of Manchefter ( in whofe Army was the Governours Brother) came himfelfwith his Force, yet he fenc them word, that neither the Earl nor all his Forces fhould ever derer him from his fidelity to his Soveraign, nor would he entertain any Parley with his Brother or any other; but when the Befiegers having to little purpofe plied their Artillery on that fide the Cattle, and now removed their Battery to the other fide, making their approaches by way of Saps ; he fallied out upon them,and removed them from their Trenches, killed a Lieutenant Colonel, and fome others, and fo returned with booty, after which the Enemy continued their Battery but two daies; for hearing that the Kings Army, upon its return from the Wett, drew nigh, they thought ic rhe iafett courfe to raife the Siege of themfeives before they were forced to it,which they did,and each Party reared to their feveral quarters. H.burj Siege The Parliaments Forces had long befieged Banbury Cattle, which was as re- folutely defended for the King by Sr. William Compton, Brother to the Earl o£- Northampton, who had refolutely anfwered Mr Fines his Summons ( who came before it with a fupply of Forcesand Artillery on the 27th. of Augufb, to affift thofe who had lain before it from the 1 pth.of June.) That they kept that Cattle for their Soveraign, and would not deliver it fo long as one man was left alive in ir. Whereupon Bints plaid his Batteries for three daies, but to little purpofe ; and in vain was it found to attempt a Mine,by reafon of the many water-fprings, he therefore affaies to drain the Moat, which he in fome part effetfted, though with great lofs; whereupon a fecond Summons was fenr, to which Sr.William re¬ turned no Anfwer, fave only by word of mouth : telling the Trumpeter, That he had formerly anfwered them, and therefore wondred they would fend again. Whereupon they fiercely continued their Batteries, and plied their Granadoes fo thick, that at lengch they made a breach upon the Weft Wall of the outward Line of the Cattle* rhe upper pare near thirty yards in length, which made them refolveupon a Storme, ana on the three and twentieth of September, about nine vCaflic a clock in the Morning they fell, on , their Troopers with Sword and Piftol!, {tonn"d. twelve out of every T roop being forced to the Storme, for the Foot were not fo hardy as to adventure; foonthefe came with burthens on their backs, which they caft into the Moat, the better to pafs the Mud, and affaulted the Cattle in five feveral places at once, the great eft number attempted the Breach, the reft in other parts brought fciling Ladders, but in vain, for they could not be able to rear one, bur were cut off by the great and fmall fhot; nor had they that aflfaul- tedthe breach any better fuccefs,but were beaten off with very great lofs. To¬ wards Evening they lent a Trumreter to defire burial of their dead, upon con • dition, Thar thofe fallen within Piftoll fhot might be flripped by the Garrifon, which was eafily granted. After this,Repulfe they yet continued obftinate ( noc- withftanding fome Sallies made by the befieged to the Enemies lofs) till fuch rime as the Earl of Northampton, with a good ftrengthof Horfe, came from the kings Rendeivouz near Newbury, and at Adder bury joyned with Colonel Gage from Oxford with a good Party of Horfe and Foot, and fo together advanced, of Qreat Britain and Ireland; and came to Banbury on the five and twentieth of October, where they found Colone! Fines his Horfe drawn up in feveral Bodies on the South fide of the Town, who having (food a while and faced the Earl^retreated to the Welt fic'e towards Hanwcll, and their Foot coming out of the Town in fome diforder, followed the Horfe, their Baggage and Artillery being fent before; Whereupon the Earle of Northampton purfues them with three Regiments of Horfe, the Earle of Brainfords, the Lord Wilmots, and his own, together with fome Dragoons, and fends Colonel Webbmih molt of the Oxford Horfe round about Crouthil, to face or charge them in the flanke, whilft Colonel Gage with the Foot enters and relieves Banbury Caltle. Near Hanrvell the Earle of Northampton overtakes his Enemies, ant having firft drawn out a Forlorn hope under Captain Brown, ( which were valiantly oppofed, and together with the Oxford Horfe beaten back to their main body ) the Charge began, and after a pretty fbarp difpute the Enemy retreated fo mew hat haftily towards Hann ell, and being come near the Town, difperfed fome to the Town, others to C.ropedy, Broughton, and Comfton , leaving their Carriages, one Field-piece and three Waggons of Arms and Ammunition, which they fent to Banbury Cilife. In this encounter the EarLof Northampton lofl Captain Brown, and Captain Tilly; The Earle of Btamford Was fboc in the Mouth, and feveral others of quality Wounded, and many Common Souldiers flairt or hurt; but the lofs of the Ene-^ mies Side was far greater, though not in quality, yet in quantity : Captain Vint* Lieutenant Vernon, and four Cornets of Horfe taken Prifoners, befides Common Souldiers, fix Barrels of Powoer, with Match and Shot propor¬ tionable. CHAP. LXI. Maftey defeats Qolonel Myn j His ViEfory at Aft Ferrj ; Monmouth betrajed to him Lieutenant Colonel Aiajfey Govcrnour of Glocefler, and Commander in chief under the Earl of Stamford of that allocution for the Parliament, ha¬ ving difcovered that fome Forces of the Kings out of Wales we.re topafsover xifi,advanced thither with a confiderable Force, and had well nigh light on the Lord Herbert; but in his abfence Colonel Myn, who commanded the Englifh Regiment come laft out of Ireland, an aèfive Perfon for the King, hadadefign that the Forces of Hereford and Worceftcrfhlre fhould joyn in Cajfelane, and fo march to the very Gates of Glocefler; of which Mafey having advice halten? homewards, from whence he fends for two hundred and twenty Mufquetiers, and one hundred more from Teuxbury to cope with Myn, upon whofe quick March his bufinefs feemed to relie, viz,, to encounter him before he fhould be joynedwith the Herefordjhire and jVorceflerfhire Forces, which hafte, though there hapned an accident to retard, (to wit, the falling our of their two Majorsi Hammond and Grey, the laft being killed by the firft, for his having given him a boxon the ear; whereupon his Souldiers grew fo earned for revenge, and the others for defence of it, that the Governour had much ado topacifiethem) yet Ixmoc time enough toaccomplifhhisdcfign ; for the next morning encotuitring Colonel Myn at Redmarly, fuddenly charging him, he forced him from his Am- bufc 'does, 'broke his mam Body, flew him upon the place, with one hundred and jiS TheQrtiB W and feventy more, and rook Major Ara/kr, feven Captains,four Liutenants, five Enligns, twelve Serjeants, and near two hundred and fifty Common Souldiers Priloners. Thus was Myns whole Body loft for want of the timely joyning of the Herefordshire and Worcefterfhire Forces with him, who yet were notio far oft", butthat Lieu enant Colonel Paftil, who commanded a frefh Partyof o-e hundred and fifty Horfe, and five hundred Foot, came polling juft at the clofe of the fight to bring news of their arrival, but being met by Alaffeys Scouts, was wounded and taken; yet they coming up after the end of cheFigh: interrupted fome llraglers, but the whole Body got home with their Priiimcrs. Maffey hzte fhewedhi nfelf fomu:h a Gentleman,as to take Colonel Myns body off the place and give it Chriftian Burial; this defeat almoft ruin'd all the Kings power in South Wales, which wis yet further effe&ed by the Victory which A-Yaffcy fhortly after got at Aft Ferry; Prince Rupert, after his defeat at APfifton Moor, lay for fome time with his Army ftragling between Shrews¬ bury and Worcefter, till at length drawing again into a Body fit for Atftion, he Keith!} to be makes his general Rendezvouz near Hereford, and from thence fends a Party fo: tifi:d,hin- of five hundred Horfe and Foot to fortifie Beachly for a ftanding Guard, a tiered by gut of Land cending between Severn and Wye, the only commodious paflage M-'JJ'j. between Wales, Briftol, and the Weft of England; Maffey having advice of this, four dales after the Cavaliers firft fortifying of it, ere they had half entrenched a Line from one River to the other, the other part being not- withftanding well guarded with a high Quickfec hedge, lined with Mufquèt- teers, wi h a fair Meddovv reintrenched ; Majfcy comes near, draws up his Forces, refolved to Form the entrance which the Cavaliers' had left for making a Draw-bridge; and therefore fele&s ten Mufquetteers out of the ForJorre Hope to creep along the hedges, and thence to fall upon the very breach; thele give the firft Alarm to the intrenched, who fpènr their firft Shor in vain, and ere ihey could recharge Maffey's Forlorne Hope fell on, and the referve following ran up the works, and rufhed in among them; thofe who were within cid their parts gallantly, but were over-powred, andfo loft, fome (lain, and fome Prifoners, the Reft efcaped to their boats. And once more did Maffey hinder the Fortification of this place when defigned by Colonel Gerrard, and Sir John winter himfelf in this enrerprize being hard put to it, having his head-piece knockt off his head by the butt end of a Mufquet ; but that which molt of all prejudiced the Kings power in South- Monmouth be- Wales was the betraying of Monmouth to Maffey, by Lieutenant Colonel Kale, rraied to Jdeutcncnt Colonel to Colonel Holtby, Governour there for the King; long Majfcy. itfeems he had intended Treachery, but his Cowardlinefs permitted him not to venture the endangering of his ownperfon; but now taking occafion of AYajfey's quartering near AYunmouth, ( with whom it feemshe had kept cor- refpondcnce ) he thus effected his o'efign: Maffey feigns a Poft from Gloccfler fide, requiring his fitdden return thitherward to fupprefs the Enemy, who out of Briftoll and Barkfty plundered the Country; This Meffage they fo ordered that it might come into the hands of one Mr. Hollis, of Hlghmeddow, (an honc'l Cavalier ) whom they hoped would immediately poft the news to the Governour of Monmouth, which accordingly he did ; Maßey upon this feigncdly marches towards Glocefter, but three Miles on his way, lodges his Forces in athic. et oftheForreft, fending his Scouts abroad, preventing the difcoveryof any in cafe Kìrle fhould prove honeft to him ; Klrle immediat- ly, upon advice of AYaffey's March, is fent out with his Troop of Horfe to fall upon the Rear of his retreat; him Maffey furprizes in Hlgh-meddow Houfe with all his Horfe, lave only one Cornet, who making his efcape, gave the Alarm to the Tow-, towards which Maffey marches with all polfible filence, and finding the Alarm given, had fome doaSt of Kales intention to betray rbem all ; and therefore, though with infinite Oaths he denied it, yet was he miftrulied and a Uriel eye had over him: However Maffey entrufts him with of (jreat Britain and Ireland. i tj with one hundred horfe, to Mirch to Monmouth, now upon their guard ex- pelting an Enemy, Kirk coming to the Draw-Bridge, pretended a return with many Prisoners, perfwaded the Guards, and fo prevailed wich Oaths to the Officers, that the Governour commanded the Draw-bridge to be let down, and the Bridge being drawn up again is kept but by a weak Guard, when 2G>/*and his Company declare themfelves, over-power the Guard, and make good the Bridge, at which Maffey enters with his Force, and fubdues the Town in a moment; put fome to the Sword, and taking others Prifoners, among which were a Major, three Captains, and other Officers; the Gover¬ nour efcaped in the dark of the night; this Town being the Key of South- Wales, and the only encercourfe for the Kings Forces between the Weft Wales and the Northern parts, was a great lofs to the King ; but itwasfoon after retaken : For Ma fey having,to hinder Colonel Gerrards Mirch with the Monmouth re- Welch into Oxfordshire, to joyn with the Kings Forces^ drawn oft his Re- 'akcn for lhe gimentof Horfe, fo that no more than fix hundred were lefc therein Garrifon, 6' under the Command of Major Throckmorton, who thinking to do fome brave Afftion in the beginning of his Government, draws out three hundred Horfe and Foot to furprize Cheap flow Caftle; which news being brought to the Lord Charles Sommerfet, Son to the Marquefs of Worcefier , at Ragland Caftle, taking one hundred and fifty Horfe from thence, and aftifted by fome Foot from the Neighbouring Garrifons which held for the King, fell upon the Town, now left almoft naked, on Tuefday Morning, the nineteenth of No¬ vember, and poflefles it for the King; before Throckmorton, who was well onward towards his Chepftowdefign, had notice of his advance. CHAP. LX1I. The Siege of Bazing Houfe- . who our rw-*" , cf.fk' poÌW 15)i mW tfiili TH E Houfe of Bating, belonging to the Marquefs of winchefter, was a Houfe, which for ftate and ftrengch none in this Nation furpafled; hi¬ ther the Marquefs himfelf retired at the beginning of the War, to whom the King fends one hundred Mufquetteers under the Command of Colonel Peake, in Auguft 1643. when they were firft difturbed by Colonel Harvey, and Colonel Norton, who were beaten off to Farnham, and afterwards the Houfe was recruited with an hundred and fifty Foot mere, under the Command of Colonel Rowden, with Commiffion to the Marquefs to raife what Force he thought fitting for the defence of the place; His next difturber was Sr. William Waller with his new Levies,the fixth of November laft year, who after nine daies Siege, and three times florming, he Was forced to retreat with difhoneur to Farnham; after which the Houfe had fuch time to be fortified that it grew a great annoyance to the Parliaments Garrifons all about, and was now fo ftrong that it was thought more fafe to ftarve ic than attempt it by force ; and there¬ fore now this year comes Colonel Norton with a Regiment of Horfe and Dra¬ goons, and quarters at Bafmg-Stoake, a mile diftant from the Houfe, after him comes Colonel Morlefs Blew Regiment from Suflex, Sr. Richard Onflow with five Enfigns of Red from Surrey, and two more of white from Farnham, who are quartered at Sherfield, as Onflow was appointed Anwel Houfe for his Stand, whilft Morley, with Nortons Horfe, lies at Baßng-Stoal often 1^44- %a "«bfisst J of Cjreat Britain and Ireland. up ""Safe CHAP. LXIII. Tbe fecond Newbury Fight. ing en- d G«! CHA?' THe King having fpent much time in the Weft, Effex had now got in the head of another Army, and joyned with Manchefter and fvaller ; on the three and twentieth of Ottober, being iVednefday, Rendezvouzed in A lder- manfton Parke, and the next night came privately over the Water at a Ford near Padworth, and the next morning drew to Bucklebury Heath, within five miles of Nevcburj, ( whither the King was advanced, ) from whence they fenc out feveral Parties to have fallen upon the Kings Horfe Quarters, which were gallantly repulfed by Lieutenant Colonel Bovil; whereupon on Friday, about twelve a Clock, they drew down their whole Army betwee'n Thatcham and Shaw, where they attempted to force His Mi jefties Horfe Guards at Shaw, who thereupon were skirmifhed With by a body of Prince Maurice his Horfe, with fomelofsof men on both fides, when at laft they drew back to afield before Shaw, leaving fome Foot and Dragoons to difpute the Hill, which being done, till Midnight was kept by Effex, who on Saturday Morning drew his Cannon with four great Bodies of Foot, and fome Horfe upon it, ftanding there in Battalia, drawing the reft of the Army through winterburn, towards Box-ford, to have begirt the King; and in purfuance of thatdefign, about a thoufandof the Earl of MancheftersVotces, and the London trained Bands came down the ■Hill to pafs over that part of the River Kennet that runs between the Hill and Newbury, which they did Eaftward, undifcerned of the Kings Foot, who kept a Weftward Pafs, upon whofe backs they advanced, and overpowring them,had almoft totally routed them, when the Sir Bernard Aftley came up with four hundred Mufquetteers, fell on them,and routed them,and two other Bodies, which hattened to the River to their Relief, theFirft routing the Second, and all forced to run through the River, where many were drowned ; but yet the Earl of £j^.vpurfues his defign of encompaffing the King, and to thatpurpofè about three a Clock in the afternoon four thoufand of their Horfe and Dra¬ goons, with five hundred Pikes, and fome Cannon, had advanced to the Weft iideof Newbury, where the Cornifh Foot, the Duke of Torkj Regiment, com¬ manded by Sir William St.Leger, and a Brigade of Prince Maurice his Cornifh f^h,c cn the Horfe, with five fmall Field-pieces lay; Prince Maurice his Brigade at firft c oiftne' charged home, and gained ground, but were at length beaten back, whereupon the Foot retreated to the Eaft fide of Spine, which place they maintained till the Enemy left the Field; but the Guards wee left fo thin here, that the Ene¬ my gained the Kings five Field-Pieces, which they drew off, and the Kings Hörle being beaten off, Effex advanced with a Body of five hundred Hörle ( part of his own Life-guard )and a fufficient ftrength of Mufquetteers betwixt Newbury and Spine, where the Kings Life Guard and Sir Humphrey Bennett Brigade were drawn up ; Major Leg was fenr with a Party of Horfe towards thefe, but finding them too ftrong for him retreated ; whereupon the o h,er Mufquetteers advanced on their Right hand towards the River, there being three fmallinclofures between them and Colonel Bennet, made him wheele olf, butfoon after, his Regiment being in a readinefs, which before it was nor, he charged them gallantly, and feconded by the valiant Lord Bernard Stuart, who fell upon their Flanks, routed them; and following the Execution, flew the Commander of Effex his Life Guard, and many o.hers; The King lofing T Captain r3 o The (pill War ret Fight on the Weft fide of Spine. Fight near Sbaiv. Captain Catlin of Sir Edward Walgraves Regiment,and Sir Edwards Son dange- roufly hurc; This was done on the Weft fide of Spine: on the Eaft, the Enemy having fetled three Bodies of Foot in certain Inclofures advanced over the Ditch wit ha great Body of Horfe, hoping to make their way through the Kings Guards, whereupon General Goring, toprevencthem, inftantly drew up the Earl of Cleavelands Brigade, andiiimielf, with the Earl, Colonel Tharuhil, Co¬ lonel Hamilton, Colonel Culpeper, and Colonel Stuart leading them,on, fud- denly advanced to a Gap where .-about fourfcore of the Enemy were got over, whom he fell upon, and forcing tliètn over the Ditch',followed them ; but being over-hafty he fomcwhat difordere d his men, by which means the Enemy llew many, till feconded by a new Body, they forced them to a diforderly retreat, ànd flew Major Hurry, Kinfman to Colonel Hurry, but with the lofs of the valiant old Earl of Cleveland, who engaging himfelf too far, was taken Pri- foner. In the mean time the Earl of Mancheß'ers Army, on theNorth-eaft of New¬ bury near Shaw, about four a Clock in the Afternoon, advanced towards thofe Guards which were difpofed by the Lord Aßly, under the Command of Colonel Qeorge Liße, who had appointed Lieutenant Colonel Page tokeepone Mr.Dolmans Houfe and Garden, and Sir Thomas Hooper with his Dragoons and other Foot to keep the Hedges and Lane. Manchefiers Horfe and Foot, with the London Trained Bands, came powring down the Hill, and giving a fierce Charge, worfted Colonel Lifles Guards, ull Sir -John Brown, with the Princes Regiment advanced, charged their Foot, and after receiving a Charge of a thoufand Horfe, retreated into the Gar-den to the Foot, whilft in the mean time Colonel Thelwel(w \ithe referve of three hundred of Lißes Tertia) came up, and joyning with thofe Mufquetteers in the Lane, and thofe other forty which the Parliaments Forces had driven from the hedge, gave fire on the new-gotten hedge, and then fell on with the butt end of their Mufquets, forced the others from the hedge, who for hafte left their Colours and two pieces of Cannon be¬ hind them, which a Body of their Horfe endeavoured to regain, but were forced to retreat to the Hill; Lieutenant Colonel Page was in this laft Charge fhot through both his Thighs, and through his Arm. On the Kings fide in this part of the Field were fiain Sr. Anthony St. Leger, Lieutenant Colonel Lea(, and Lieutenant Colonel Topping, with a good number of Common Souldiers, but many more of the Enemies. There were likewife fome perfons of Note Wounded on the Kings fide, to wit, the Earl of Brainford General, who was fhot in the head, Sir John Greenvile, (Son to Sir Bevile,) Sir Richard Campsßeld, and Major Alford. This Fight continued four hours, from four a Clock till eight, and the King marched off that night to Watlingford, without the Ieaft Alarm in His Rear, which ftaid on the place till part Midnight; the King was here almott furrounded, fo that being inforced in that manner to divide His Army, this may as properly be called three Battels as one. CHAP. J of Cjreat Britain and Ireland. CHAP. LXIV. Effex fummons and affaults Dennington Caflle, but in yain ; He quits Newbury, which the King po[[e[fes . The 'Tarliaments refolutions to new mode 11 their Army 5 Newcaftle taken. TH E next day after the Kings marching off,General Effex poffeffed himfelf cf Newbury, and foon after fummoned Dennington Caffle ; which the Go¬ ve: nqu: - ufing tofurrender, he plaid his Batteries, and affaulted the firft time, b . i '.nut fuccefs j he after lends his fecond and third Summons,and feconded (- .j Summons wich a (form, but they all proved ineffe&ual. This Siege the King had a great defire to remove, and once attempted it, but was beaten off, which made the Council of State (a thing the Parliament had fome time before created for the ordering of Military affairs), to give Order: That Effex Forces fhould not draw out of Newbury into the-Field, led the King fhould pofiefsic for His Winter Quarters, but chat he fhould fight the Rear of the Kings Army upon His Retreat, after His attempt for relief of Dennington ; notwithstanding .which the King was permitted to retreat to Marlborough without any oppofition, afrdmot long after General Effex deferred Newbury, and went to Reading, which the King immediately poffeffed, and relieved Dennington Cattle ; and Norton had writ to the Parliament, that he had received a Warrant from a chief Com- mand.er in the Army to raife his Siege from before Baßng, a thing which he did not expect, yet notwithlianding had obeyed; which things altogether made the Parliament to begin terfufpedt the Earl of Effex, and others,and to think that the good,management of the Affairs of their Army was much negle&ed ; info- much thatir grew into a high Debate, " Why the Parliaments Forces had per- " mitted His Ma jelly to relieve Dennington Caftle, when they had double their " Number, and why the Town of Nevebury was quitted before the Enemy was " marched away, the pretence of not fighting before being, becaufe they would " noc quit Newbury ? Tfiefe, and Effex his ill fuccefs before in the Well, made them refolveto new modell their Army ; and to do it more politiquely, they do it by degrees: Firft, making an Order, That no Member of either Houfe fhould, during the War, enjoy or execute any Office or Command Military or Civill, which had been granted or conferred on any Member of either Houfe, or by any Authority derived from either Houfe; and this Order not long after came out into an Ordinance, containing in fum thefe Heads: That all and every the Members of either Houfe fhould be difcharged(at the end of forty daies after affingof the Ordinance) of all their Command, Military or Civil, conferred y the Parliament fince the twentieth of November 1640. That all other Go- vernours and Commanders ( noc Members) by Land or Sea fhould continue in their Offices wherein they were intruded the twentieth of March 1644. Provi¬ ded and excepted, That Lieurenants, and their Deputies,in the feveral Counties, Cities,and places, or of any Cufios Rotul«rum, or Juftices of Peace, or Sewers, or any Commiffion of Oyer and Terminer, or Goal-delivery, and alfo thafs Members of either Houfe, who had Offices by grant from His Majefty before this Parliament, and were by Him difplaced before the fitting of this Parlia¬ ment, and had fince by the Parliament been rertored, fhould noc bedifcharged from their faid Offices, or the Profits thereof, but fhould enjoy the fame; T t, , B y The (/till Wanes By this means were all the Lords,who had any Commands in the Army, difchar- ged of their truft; yet the Parliament, to feem jutt, publifh their relolution to pay them off their Arrears, which they but badly performed when they had once deprived them of their Commands; yet this Ordinance vvenc but (lowly forward, for the Lords forefaw the effects of it, and therefore were tedious in their aflenr, till they were, as it were, forced by the Petitions of the City and. fev eral Counties ; whereupon they at laft affented, and the Commons thereupon fent a Committee to rhem to congratulate their Concurrence, and to affure them of the Commons real aftedfions and endeavours to fupport their Lordfhips in their Honours and Priviledges; which expref- fions were interpreted by fome of them to imply as much, as if the whole power of the Lords had retted in the Houfe of Commons, of which they could de¬ prive them at pleafure, then which fuppofttion nothing proved more certain in the end. And fo their Lordfhips having concurred, Sir Thomas Fairfax, Son to the Lord F er dinando Fairfax, was appointed General againft next Spring, in the Room of the Earl of Efex, and moft of the great Officers of the Army changed, but only Lieutenant General Oliver Cromweithough a Member of the Commons, was by the Parliament excufed, and kept in his Command, not- withftanding this Ordinance of felf-denial, for foitwas called; butthofenew ones which were voted to be put in againft the next Springs Expedition, were Sir Thomas Fairfax Commander in Chief,Major General Sklppon,the Cities Cham¬ pion ; Colonels of Foot, Crayford, "Berkley, Montague, Alured, Holburne, For- tefcue, Irgelesby, Pickering, and Rainsborough ; Colonels of Horfe, Middleton, Craves, Sheffeild, Vermindon, Sidney, IVhalty, hevifue, Fleetwood, Rofßter, and Sir Robert Pye. The like Change happened againft the next Spring in the Kings Army, for the Lord Ruthen made Lieutenant General of the Kings Army after the Earl of Lindfey's death, and by the King firft Created Earl of Forth in Scotland, and afterwards Earl of Brentford^oi the good Service he did there,was put out of his Employment by a Court contrivement, in favour of Prince Rupert, who a little before Chriftmas this Year was declared GeneraUifßmo of His Ma jefties Forces; a man, though perhaps of as great valour as any vvhatfoever, yet judged then to want both the Age, Experience, and Moderation which fo great a truft required. Thefe Alterations in both Armies were in effedt the Kings ruine, as hereafter will appear ; but let us end this Years Military Affairs in England with the Scots taking of the Town of Newcaflle, which they had longbefieged, and at length entred by ftorm, Sir John Morley, the Mayor, and others getting into the Cattle, which for want of provilions and neceffaries was forced to furrender upon ill conditions,and in it three hundred perfons, amongft which were the Lords Craford,Rea,and Maxwell,who by the Scotch Covenanters wqre fent to Edenburgh to be executed. CHAP, of (freatBritain ^/Ireland. G H A P. LX V. Tbe Treaty at Oxbridge. THe King had as we have mentioned, fenc very gracious meflages df Peace 1644; to the two houfes of Parliament, from Evifham and Tetvifteckj, afrerhis two fignall Vi&ories at Cropedy-Bnàgc over Sr. William Waller yznà at Lefti- thielover their Generallijfimo Eßex : and likewife being returned to Oxford, he had again folicited them to the fame effeft; and therefore leaft the world fhould think them utterly obftinate, that they might fetm at leaft to have fome defires for the good peace and quiet of thefe Nations what ever they intended ; they with theconfent of the Commilfioners for the Kingdome of Scotland (for they were now joyned as one in their affairs) on the 2 3 th. of November prefent him with fome defires and propofitions for a peace, but fuch they were as ifcondif- cended to, muft utterly deprive him of his Rights Honour and Royalty: And firft they begin'with themfelves and their dear Brethren of Scotland, viz.. I» That by an A6t of Parliament in each Kingdome refpe&ively, all Oaths, Declarations and Proclamations againft both or either Houfes of the Parliament of England, and the late Convention in Scotland, and their proceedings be declared Nulfi 2. That the King do fwear and figtt the late Solemn League and Covenant,and injoyn the taking thereof by all fubje&sof the three Kingdomes. 3. That He pafs a bill for the utter extirpation of Bifhops, according to their late treaty at Edinborougb, November 29dl 1643. 4. That he confirm all ordinances for the feding of the Affembly of Divines. 5. That the Reformation be fetled by A«ft of Parliament, as the Houfes fhal! agree upon according to the Covenant. 6. That Papifts fhould be obliged to abjure and renounce the Pope, Tran- fubftantiation, Purgatory, Images, if not to be therefore convicted,and fever« Laws made againft them. 7. That their children fhould be educated Proteftants. 8. That the King would give his Royall affent to feveral A£ts and Bills to be paffed. viz.. An Aft in the Parliaments of both Kingdomes refpedtivcly, for confirmation of their Treaties, viz. the large Treaty for coming of the Scots? and the fetling of Barm'ck,^ and for Ireland, and all other proceedings between the two Kingdomes by Treaties. An Aft to avoid theCeffation of Ireland, and to profecute the War there by orders of Parliament. An Aft to eftablifh the joynt Declaration of both Kingdomes, dated Jan. 30. 1643. in England, and June the 4« 1^44* Scotland. 9. That thefe perfons fhall be exempted from pardon, viz. The Princes Rupert and Maurice, the Earls of Briftol, Derby and New-Cafile, the Lords Cot- tingtonßowlet, Digby, Littleton, the Arch Bifhopof Canterbury,the Lords Bifhops of Ely and London-Derry, dec. (With many others of the Kings beft friends who had been fofaithfull to him in the rimes of his greateft necelfity) together with twice as many Earls, Lords, Bilfiops, Knights and Gentlemen Of Scf.Und. With all Papifts that had a hand in the Rebellion of Ireland, or in Arms a- gainft the Parliament in England, as alfo all thofe of the then Parliament of Ox- fird, and all fuch who have alfifted the King.in Scotland, together with all fuch as have deferred either Parliaments of both Kingdomes; and the Eftates of fuch unpardonable t© pay publique debts. 10. That the Arming of the Kingdomes, fetling the Admiralties, name- ing Commilfioners Governours for Ireland, great Officers of bot »King- domes1 The Chill Wanes domes, the Governance and Marriage of the Kings Children , the Refio- ration of the Prince Ele&or, the making Peace and War, the A£1 of Ob¬ livion and Disbanding of the Armies, fhould be in the power of the re- fpedtive Parliaments of both Kingdomes: and that all honours and titles given fince the great Seal went to the King, viz,. May the 21. 1642.01* here¬ after to be made Aiould be null, and the perfons on whom they were confer¬ red have no power to Vote in Parliaments : and the like for Scotland Ance lme the 4. 1644. Then for the City of London, which had been the fpunge out of which all our mifchiefes had been fqueezed. They propofe that thefe Adts be confirmed , viz,. For confirmation of their CuAomes Char¬ ters Liberties, notwithftanding any Non-ufer, Mif-ufer or ab-ufer, and for letling the Militia of London and the Liberties. That the Tower of London be in the dilpofe of the Lord Mayor and Common Council, the Citizens fhould not be drawn ouc of London to any fervice, and that the A61s of the Lord Mayor and Common Council of the City heretofore and hereafter, to confirm as if by Adds of Parliament. And thefe things being granted the King {having thus dlvefted himfelf of his power) fhall live {a Pageant Prince) in greater fplendour then any of his predeceflburs. The Kings party was at this time very impatient of peace ; and himfelf indeed alwaies inclineable to it, and therefore though thefe proportions werefuch as he could neither hi honour or confcience affent to, yet he hoped a treaty might bring them to more reafon , to induce which he returned the Parliament an anfwertothis effedt. " That the propofitions prefented to His MajeAy , being very long and tl containing in them matters of great weight and concernment, as being " in great part in alteration of the frame of Government, both in Church and State , and the meffengers who prefented them, declaring that they tc had no power to treate or confent to any alteration, it could not be ex- " pedfed that His Majeflie fhould return a prefent particular and pofitive 4< anfwer. But as he had,'from his Soul alwaiesdefired the fetlingof a happy peace, in thefe difira&ed Kingdomes, and had for that purpofe from time to time tendred all poifible overtures, in hope that all will worke upon the «' hearts of all perfons concerned : That even this apprehenfion fuch as it was " upon further thought, and confideration might produce fome good effedis to- without nominating any particulars that he was guilty of fo many againft the notorious Treafons fo eminently deftrudfive to the Commonwealth, that he Archbiftiop. wondred the people pulled him not in pieces as he pafled between his Boat and the Parliament, which was all ever publifhed againft him, which could make him guilty of Treafon; and fo upon that it feems he was on the feventeenth of TV- (ember, 1644. condemned by Ordinance of Parliament ( a way without prece¬ dent ) tobe hang'd drawn, and quartered on the tenth of Januar) following, for endeavouring to fubvert the Laws, Religion, and fundamental Priviledgcs of Parliament; no proofs of which were brought, and himfelf ha-rdly permitted to anfwer to his Charge; nor were they cruell to him only in this, but the Commons denied to fend to him Dr. Sterne his Chaplain, whom he had petiti¬ oned for to come and communicate with him ; to which the Lords had aflented, but the lower Houfe thought Mr. Marshal, a grand Presbyterian, a perfon far fit¬ ter (becaufeof their opinion) but the Arch-Bifhop refufed him. Nor was it without fome relu&ancy in the Commons, that the Lords got their confsnc for his beheading. The time before his death he fpent in Prayer and Meditation, and on the day appointed was by Alderman Pennington brought to the Scaffold at Tower Hill, where after a large and very excellent Speech made to the Peo¬ ple, and fome publike and private prayers, he chearfully underwent the Mar¬ tyrdom, having his head chopteff by the Executioner. A man he was, with¬ out doubt, beyond the ordinary ftrain of men, endowed with extraordinary Piety towards God, Faichfwlnefs to his Prince, Conftancy to his Religion, and Fidelity to his Friend, V *' ::: 1 vt/ "."1 r;/ »I vlttfitfeJiJ'7 i:*.:: c;> V'.: 1 rrcrivnoi' r ■ ' tafemei "-r vrv; ) 3itù ' : i - ,.x • ,>V/. 3d . : u'iorL- o ssaxü . ■' iiS ÌO 93t:f i.TbfJe V"» GO T '. v • , . • 0' ..'«....i . I *. rn jt (JO(d - ' - !.;.ì 03 S3tJt"Ì3£2fi 2Kb 's: / / obfjiu - top®1 T*!' 3DÜ wjjüimfcl' of Cfreat Britain and Ireland. part, the Earl of Tulllbardln commanded the main Battel, the Lord of El child the Right Wing, and Sir fames Scot the Lefc. The Cturge being begun by a Forlorn Hope of the Enemies, under the Command of the Lord Drummond, who being forced to their main Body by a fmall Party fenc out againft them, Montroffes whole Army flew in upon the Enemy,and after fome flvarp encounters totally routed them, flew two thoufand upon che place, and took near as many Prifoners, fome of which taking a Military Oath, he entertained into his Ser¬ vice, bucmoftof themfoon after perfidioufly deferred him, the reft he let go, only cxa&ing an Oath from them never thereafter to bear Arms againft the King. This Viòtory made him Mafterof the Town of Perth, which he decli¬ ned to plunder, the better to gain the affe&ions of the People; but having ftaid there three daies, (expending more Aide to come into him, though few came ) had ng advice that Argyle was near hand with a potent Army, he advan¬ ced ovar the Tay* and quartering at Confer, a little Village in Angus, ( whither Sir Thomas Ogtiby, Son to the Earl of Airle, with fome others, brought him fomeencreafe of Numbers) had avillanous Murder committed in his Quar¬ ters by one Stuart, a Servant of the Lord Kilfonts, who was fuppofed to have been hired by the Covenanters to murder ALontrofs; and by means of his greac familiarity with K tlfont, being that night admitted to his bed, difcovered nis defign to him, with promife of great preferment from the Covenanters in cafe rheyelfe&edit, and thereforedeftred hisaffiftancein it; but findingK11 font too faithfull and loy al to give ear to fo foul and wicked an cnterprize,and fearing leaft he ftiould reveal his Treafon, he murdered him with many wounds, and in the dark fled, away to Argyle, by whom he was preferred to Command. The lofs of this Nobleman extreamly troubled Montr ofs, yet to mind the bu- finefs he had in hand he marches immediately from thence to Dundee, which, having received a Garrifon out of Fi/*,refufed to fubmit to his Summons,and he not thinkingicconvenient to hazard the taking it in by a doubtful Siege, marches away to Efhe, where he hoped amongft his Kindred and Allies to get an addi¬ tion of ftrength, but few or none came in to him befides the old Earl of Alrle, a man of threefcore Years of Age, with his two Sons, Sir Thomas, and Sir David, who continued wich him (to their everlafting honour) in all extremi¬ ties ; here he receives advice, that the Commiflioners for the Covenanters, the chief of which was the Lord Burgly, lay with an Army of about two choufand Foot,and five hundred Horfe, near Aberdeene, endeavouring to fecure to chem- fclves the Northern Parts, whence he expected to have his greiceft Aids; chefe he therefore refolves to fight withall before Argyle fhould come up, and fo to¬ wards them he advances, and makes himfelf Mifter of the Bridge over Dee, and from thence drawing toward the City, he found che Enemy drawn up clofe by it, having chofen their ground, and planted their Guns before their Army expecting Bactell; Montrofs had ac prefenc but fifteen hundred Foot, and four and forty Horfe (the Lord Kilfonts men being gone co convoy their Lords dead body to burial among his Friends and Anceftors, and the Athole men laden with fpoil after their Vitìory ac Perth were returned home,) his Horfe he divided on each Wino half, mixing with them fome of his beft Firelocks, who being ftrong and ablernen, and wichall very ni able and a&ive, were almoft as fer- viceable as Horfe; Sir ivilliam Bollock^, his conftanc Friend, had the Command of his Lefc Wing, ,jnd Sir James Hay and Nathaniel Gturdon of rhe Right, which was charged almoft to a lofs by Lewis Gturdon, ( Son co the Marqueis of Huntley,) who had conftrained his Fathers Friends and Tenmcs co cake up Arms, contrary to their wills, againft Montrofs,) till Sir tvltliam RoHocl^ with twenty Horfe came into their aide, and in a trice forced che Ene my no, lefs than three hundred, firft to arctreit, and then to an abfolute flight, when wheeling again about they likewife Charged the Right Wing of the Enenie; Horfe ( who were rhen ready to fall upon Montrofs his Lefc Wing, rhen left defticuce of Cavalry ) and forced them co a Recrett: The Enemy in the mean ci ne X a attributing 147 He takes Perth. The Lord K/l- fonf jEurdercd eMontrofs furn- mons Bundes in vain. The Earl of Airle joyni {\ with him. Viftory at Aberdeen?' °f ^fre^tt ^nta*n and Ireland. 14^ ielf goes into hoping either by tedious Marches to force Argyles Hoxte to their Winter Quarters, or at lealt leave him a good way behind ; for Argyle purfued him by eaiie Marches,as if he had no mind to fight ,• and he had his de- fire in the laft, for he got a great way the ftarc of theer-emy, and had eroded the Grainsbaine ( a mountain which running in a continued ridge, parts Scotland Eaft and Welt) and fo into the North of the Kingdom, where he comes to Strath- bogy in hopes yet to draw the Gourdons to his Party; but all his endeavours pro¬ ving fruitlefs, defpairing of their aide, about the end of OBober he comes to Favy Caitle, which he immediately poffelfes, hut'had by falfe intelligence been like here to have been ruined; for having before advice brought him that the Enemy Was not, yet part the Grainsbaine , on a fudden news was brought thxt Argyle and Lothian were encamped witnin two miles of him with cwelve hundred Horfe, and two thoufand five hundred Foot, whereas he ( now Mac-Donald was abfent) had no more than fifteen hundred Foot, and fifty Horfe; Thereforein p. ar _ this (freight he draws his men up to a higher Hill that overlooked the Caftle; the g"' a~1 foyl of the Hill was rough, and the hedges and ditches calf up there by theHuf- bandmen were almoft as ufeful as brealfvvorks; here before he had allotted every one his ground to draw up in, thofe few of Hunt leys dependants, which had fol¬ lowed Montroftixom St rath bogy ,d efer ted him and fled; whillf in the mean time •the Enemy, taking all advantages polfible, thundred up the hill, and made them- felves Mafiers of a good part of it, which had they maintained with as much vi¬ gour as they gained it, Montr ofs his Army had been utterly loll; bur the Marquefs the beft he could encouraged his men,and commanded Okyan, a valiant IrifhCo- otyar.s valcuf. lonel, to beat the enemy out of their trenches and Faff neffes,which he performed with a great deal of Courage and good fortune,forcing not only them, but a par¬ ty of Horfe that feconded them, to retire, leaving fome Bags of Powder behind them, a thing the Marquefs his Army (food in great want of; thofe five troops which vx\òqx~Lothian had charged his fifty horfe, were likewile by the lfioc that lined them put to-a retreat; thus having done nothing to purpofe with his great Army, Argyle departs that night two miles off; bur the next day, having advice that KMontroffes men (food in great want of Bullets, he drew his men into the fame place, facing the Hill as though he meant to drive Montrofs from thence, but after theenterchange of a few fhot he retired, and marched off over the River the fame way he came. (JMomrofs in the mean time having melted down all his Pewter veffels, as Flaggons, Difhes, Chamber pots, &c. for bullets, he ad¬ vanced again towards Strathbogy, looking upon tha,t as a place of more fecurity, both in regard of its rocky fcituation, andlikewife becaufe he thereabouts ex- pe&ed the coming of Mac-Donald to him with frefh fupplies, bur in his way thither his Rear was skirmifhed withal by a Party of Highlanders whom Argyle had fent to aflaile them, and to detain them, if polfible, till he could come up, that fo they might force Montrofs to fight in open field ; but this Pariy was eafily beat back,and the General having got up an advantagious hill yxxxòz Argyle change his refolution, and from fighting come to a Celfation of Arms, and to treat, whillf Montrofs is fold in his own Camp, Argyle not only enticing away his Soul- Armies trea- diersupon promifes of preferment, butlikewifefettinga price upon his head, chci^. which he being advertized of refolves to march from thence to Bademh, and to that effect fent a guard-with his Guns and heavy Carriages over nighr, refolving himfelf to follow with the reft of theArmy early in the morning,but the efcape of one Forbes of (fraigevar, (a Knight who had been taken prifoner ac the Barfel of Aberdeen, and had upon Parole the liberty of the Camp,)together with Colonel Sibbalds, the Marquefs old Comrade and Friend, who that very night went over to the Enemy, made the General not alter, but delay his determinations of mar¬ ching to Bademh, knowing that the Fugitives would betray his Counfels and de- figns to rhe Enemy, recalls his Carriages, and four daies after marches off with great courage and expedition away to Balveny, where the effeòfs of Argyles fubtilty appeared, many men of birch and quality falling here off from The Chill him deluded by Ar gyles fair promifes, but nothing could draw the thrice Noble Earl of A trie, nor ms two Sons, Sir Thomas and Sir David, to defert him, buc they fi ll continued with him faithful to the end, and the Irifh and Highlanders upon the defertion of thole,profefled themfelves more refolvedly faithful; from halveny, CMomrofs being gone to Bademh, had advice that Argyle with his Fooc only lay at Dunkeldon in Àthoh>, he therefore in wondrous hade marches in one night twenty four miles overwaies untrodden, untill'd, wade, full of fnow, and never inhabited by mortal man ; but the very news of his coming fo frighted Anyiis flight, ^gyle, t^ac before he came within fixteen miles of him he bid his Army fhift for themfelves, and himfelf to fhelter in Perth Garrifon, when foon after Mon- trofs, having joyncd Forces with cMac-Donald and the Mac-Renolds, pafTes into Argylts Country; Ar gyle himfelf was very fecurely liding Souldiers BytheCa- ftle Innerare, not atali doubting of an Enemy to be within one hundred miles ©f him,when the trembling Cowards brought him word that Montrofs was vvith- two miles of him, which made immediatly him flee away in a fiftierboat, leaving hisCountpy to the mercy of a provoked enemy,who,dividing his Army into three Brigades, devaluates the whole Country with Fire and Sword, as Argjle had fer- ved the Kings Friends formerly; and having continued to do fo from the 13 th. of December to the lafl of January, departing through Lome, Glencow, and Aber, he comes to Loughnefs, where he meets with the new raifed Forces of the Earl of Seafort,mih the Garrifon of Innernefs, and the whole flrength of CMur- ray, Rojfe, Sutherland, Cathnejfe, and the Sept of the Fralfers, with an Army of five thoufand Horfe and Foot: Montrofs had only fifteen hundred, for the Mac- Renolds, with the Athole men, hoping no need of them, had got leave to returne home with the Spoile of Argyle, and to return when he had occalion for them; but however his plumber was fmall, yet his comfort was that they were all flout and able men,brought up & inured to hardnefs,whereas thofe on the enemies ftde werefrefh,raw, and unskilled: But belides thefe Forces of the Earl of Seaforts, Argyle likewife with three thoufand Foot lay at Innerlough Caftle,upon the banks of Loughaber; him, though thirtymiles off, Utfontrofs refolves to engage firft, and therefore makes towards him, not by the known and common waies,but by by-paths,over Rocky and uninhabitable Mountains, and fo furprizing the Scouts, Argyle de- "me upon Argyle before he was aware,yet in a fright he was alarm'd, and abouc . fcatcd, twelve a Clock at night, but light as day by reafon of the full Moon, they skir- mifhed, whilfl Argyle fled away in a Cock-boat and deferted them all; but the next morning at the found of Montroffes Trumpets, a fign he had Horfe, though unufual,there. The Campbells ( Argyles Sirname) began the fight on Candlemat day, but the Common Souldiers in the Front at the firft difcharge began to run, and being eagerly purfued routed the reft, who were chafed in all nine Miles,the Execution great, no lefs than fifteen hundred flain, among which were the chief of the CampbeRs; one Montrojfes fide very few were loft, but one of thofe few was the worthy Sir Thomas Ogilby, Son to the Earl of Airle, who died of his wounds received in this Battell which concluded (JWontroJfes A&ions for this Year. CHAP of Great Britain and Ireland. CHAP. LXVIII. Eflex, Denbigh, andManchefter furrender their Qommif- fions • Some Affairs of both Armies under the New Mo¬ dels ; Qolonel Windebanke (hot to Death. ESSEX>the Parliaments General, had for along time perceived that his atfti- 16^i ons were fomewhac fufpe&ed by the Parliament, as appeared by that Com¬ miflion which they gave Waller a part,thereby at fir ft ecliphng his powefjand thofe Speeches of M.Vaffals in the Houfe,when Generalffex fo earnestly prefledrhem to come to an agreement with the Kingjand now his defeat at LeißiMel,but cfyc- cially the KingsCarrelfing him there,his quitting of NewburypM. permitting the King both to pofleis that for His Winter Quarters,and relieve Denmngton Caft'.e, had fo far increafed that jealoufie( as it appeared to the World) that it was abso¬ lutely voted in Parliament, that the Affairs of their Army were not managed with that care,diligence,and advantage that they might be,and therefore they took refolution to new model their Army,and fo found out that trick,che Ordinance of felf denial, to deprive their General, together with the Earls of Manchejicr and Denbigh of their Commands, and to place others more for the popular intereft in their rooms; and therefore in the beginning of this Year thofe three Earls find¬ ing that of force they muft furrender their Commiflions, thought it a gteat deal more honor to do it voluntarily, than ftay whilft they were taken away from them, and therefore on the Second' of Ayrll they delivered up their refpedtive Com¬ miflions in the Houfe of Lords; EJfex with his giving them a Paper wherein he told them:" That having received thac great Charge in obedience to, the Com- " mands of both Houfes,and taken their Sword into his hand,he could with con- " fidence fay, that he had now for almoft three years faithfully Served them, and 44 he hoped without lofs of honour to himfelf, or prejudice to the publike,fuppor- " ted therein by the goodnefs of God,and the fidelity and courage of a great 11: a- 44 ny gallant men,both Officers and Souldiers; buc he would neither trouble them nor himfelfwith repeating either the difficulties or dangers which they had »4 overcome, nor the iervice that he had done them.That hefaw now by the com- other things which former Ages had laid down rather as things fuppofed to be done, then as things which could really be effedt- ed; clear arguments to prove which, might appear, not onely by this adtion, but by their often declenhon of thofe many and earned meffages of Peace, which the King had lent to them, befides their dindi ng upon fuch high term^ chough in their 'urmod extremities (when ever they vo uchfafed to treat) that the King could neither in Honour nor Confcience grant; fuffciently demondrating that rhey had no defireor intentions to come to any agreement or conclufion of Peace , but purfue their begun defigncs and intentions to the very uttermod round of the Ladder, and having once drawn their Swords againd their Prince, be Aut Cdfarl ant nulll, either Princes or nothing; though 1 yet believe that the tenth part of the Houfe of Commons (for there the defign was hatched , for the extirpation both of the Kingly Power, and Houfe of Lords) neither knew nor were fenfible that the bufinefs would go fo far as at the lad it did; but looked no further then the bare outlide of things,which carrying fo fair a glofs and fhew, that, together with thepower and threats of the prevailing party, drew rhem on to Vote whatever might tend to the others intered : But to purfue Our dory , The furrendry of thefe Lords Commiffons was efteemed fo grateful a fervice & -I. ritain and Ireland* j tö the Parliamea v. . -*. n v.is to the cotifpiring pa:cy)thac at a conference had between the Lords nd Commons, a Declaration was ordered to be drawn, up, teftifying the nceptablenefs ofthat fervice in fuch a conjun£tureoftime,and acknowledging it as an evident demonftration of he fidelity and care thole three Lords had to the pubhque; and therefore the Commons vvere defired to con¬ cur for the paymen of rheir Officers Arrears, and a Committee was chofeh, toconfiderof a means and way togratifie thofe Lords for their former faithful! fervice : but whether the Committee fat or no, little is found upon Record that ever they received : The Earl of WmwV/^likewife, the Parliaments Admiral at Sea, about the fame time furrend red his CommilTion to the Lords, and that Office was by the Commons intruded to fix Lords, and twelve Commons^ buc the Lords (food but as ciphers in the CommilTion , the aftive Commons doing all things in it at their pleafure; for now indeed the Houfeof Lords irfelf be^ gun to be looked upon as a thing of no value, the Commons taking all the power into their hands, and in a manner forcing the Lords to a compliance with what¬ ever they determined, which however it is very probable, that had they diifen- ted from any thing, the Commons would have palled it without them. But to come to the A*51ion of this new Model, Sr. Thomas Fairfax now made Lord Ge¬ neral of all the Parliaments Forces in the place of Ejfex, having (laid the palling Sir Tbo. Fair- of the felf denying Ordinance, fet forth out of London towards wind/or, where faxG£n=ral his Army, beingcompleated, was to make their General Rendezvous : Whilft 'cCS 011 * yet in the mean time feveral petty adlions had been done by both parties, efpe- cially about Glocefler, between Prince Rupert, and Major General Majfey, at Lidhury, Wherein neither had much caufe to boaft of Vidlory; the Lord Haftings was flam on the Kings Party, and Maffey hardly efcaped Prince Rupert, who fhoc his Horfe under him; buc both parties endeavoured to compleat their Ar¬ mies for the field, the Parliament in all their Quarters, the King at Oxford, and1 Prince Rupert for him in the Weilern Countries, about Gloeeflerfire and tyorce- ßerßoire, where inoppofition to the like precedent in the Parliament, He fum- moned the Country to this Proteftation. "That they believed no power of Pope " or Parliament, could depofe a King,or abfolve them from their natural Obedi- " enceto his Royal Perfon and Succeffors; that the two Houfes of Parliament " without the Kings confenr, had no power to make Laws, or to binde or oblige " the Subjects by cheir Ordinances. That they believed the Earls of Ejfex and " Mancheßer, Sr.Thomas Fairfax and St.William Waller, together with all fuch as " have alreidy, or fliould hereafter take up Arms by Authority or CommilTion *' from the Members of Parliament at Wefiminfier, pretending to fight for King " and Parliament, do thereby become a£tual Rebels, and as fuch ought with all " their adherents and partakers, to be prefented and brought to condigne pu- " nifhment. That they would never bear Arms in their quarrel, but would i£they " were thereunto called, aflift their Soveraign and his Armies in defence of his " Royal Perfon, Crown,and Dignity, againft all contrary Forces, to the utmoft " of their skill and power, and with the hazard of their lives and fortunes. That " they would not diicover thefecrets of his Majefties Army unto the Bebels,nor " hold any correfpondence with them.-And all defigns of theirs againft the Kings " Army,for the furprizing or delivering up of the Cities of Hereford, or Worceßer, " or any other of his Majefties Forts, they would truely difcover unto thofe " whom ic fhould concern , fo foon as it came to their knowledge ; That His " Majefties taking up of Arms for the caufes by himfelf fo often declared in " Print, was juftly neceflary. That they would endeavour all they could to hin- " der popular Tumults,rifings,Rendezvouzes meetings,confederacies, & alfocia- " tions of the people, Towns, Hundreds, and Counties,which are not warranted " to aflfe nble by hisMajefties exprefs Commilfions,ind in the fence he means ir, " and that they detefted in their hearts, thefeditious and traiterous late inven- " ted National Covenant, and proreft never to take it, and conclude than they , " vowed and protefted fincerely to obferve all thefe particulars without equivo- Y cation of (jreat Britain and Ireland» 155 the Rebellion hit affairs were never tn fo hopeful a way, and fo the Parliament thought too,for upon the Kings firft fitting down before that Town,they ordered all their Forces to draw oft from Oxford to joyn with the Forces of the Aflociated Coun- ries;together with the Scots,to give the King Battel,and at "Brickjil they rendez- vouzed,whither Cromwel was fent for, who had gone from Oxford into the Ifie of Ely Jot without him 'twas faid Fairfax could do nothing. The King in the meatl time driving the Country before him, and fending good (tore of Cattel and Plunder into Oxford.On the 12th.of June the two Armies came fo near together that they had fome light skirmilhes with equal luccefs, the King dravVing up his Quarters to Burrough hill near Daventry, and the Parliaments General Fairfax quartered ac Gilborough within four miles of him, but not daring to adventure a Battel till Cromwel was come up to him, which he did on the 13th. of Juneftthe fame day that the King by five a Clock in the morning had removed from Bur- rough hill towards Harbor oughf) with fix hundred good Horfe and Dragoons of the Aflociated Counties, and immediately gives Order to the Army to be ready for Battell,and each one was commanded to his port, which fudden refolurion of the Parliaments Army to fight was imagined to proceed f^ona a Letter they had intercepted from Col. Goring to the King,fignifying that be was in his march to¬ wards him, and therefore defired his Majefty to keep at a diftance, and not to en¬ gage the Enemy till he ihould come to him, which haftened the Parliaments Commanders to an engagement, as thinking it fafer to fall upon the Kings Army before thofe new fupplies came; And the King himfelf, not having had any fuch advice, had at midnight called a Council of War, and concluded without delay to give the Enemy Battel 1; foboth Armies being willing to engage, Fairfax on the t4th.of June marched from Gcllingboreugh towards Nafeby,mà by the morn¬ ing Sun difcerns the King putting his Army into Order, and advancing ; the Wind was Weftward, which Fairfax defignea to get, and therefore drew down into a large fallow Field, Northweft of Nafeby, flanked with a hedge, and from thence for more advantage recreated tothefideof the Hill,which made the King fall on the fooner: His army marfballed in this manner, His Majefty in Perfon yfajebi fighr„"i commanded the main Battel; The Right Wing was ordered by the two Princes, 6 Rupert and Maurice; and the Left by Sir Marmaduke Langdale ; The Kings right-hand Tertia was commanded by che Earl of Lir.dfey, and Sir Jacob, Aft ley ; his lefc by the Lord Bards and Sir George Lijle; The Referve of Horfe was Com¬ manded by Col. /Coward, behipd whom were the Kings Life-guard Regiment of Foot, and Prince Ruperts Regiment of Foot on their left hand. The Parliaments main B.ittell was led on by the General Fairfax; the Right Wing by Lieutenant General Cromwely and the Left by Commiflary General Ireton; Sir Marmaduke Langdale with the Kings left Wing advanced firft, and charged Cromwel in the Right Wing; the Charge was fohoc that they came to dofe fight, at which Cromwels men got the better of ir,and forced the other co retreat; bucinthe mean time Prince Rupert with the Kings Right Wing charged fo furiöufly upon the Left Wing of the Parliaments Army commanded by Commiflary General Ireton, themoftpartof which he totally routed, purfuing the Chafe as far a$ Nafeby ; In the main Battel likewife Fairfax had but ill fuccefs, none but his own Regiment ftanding, the reft falling back to the Referves, Commanded by Rainsborough, Hammond, and Pride; and the Kings Foot had clearly got the better of one whole Brigade, had not Ireton with his Horfe which ftood, come in to their refcue,which he could not have done had not Prince Rupert by too far purfuing the Horfe he had routed, left the Foot naked, but in this Service Ireton himfelf Was run through the thigh with a Pike, and through the face with a Halberr, his Horfe killed under him, and himfelf taken prifoner (yec before the endof the Fight he efcaped ;) but the Dammage done to the Kings Pnrcy was worfe,for though many of his Tertia s h id fought moft gallantly, yec Cromwel be¬ ing victorious in the Right Wing againft the"Kings Left, and Prince Rupert ha¬ ving by purfuing the routed Lefc Wing of the Parliaments Army,-left che Foot Y 2 naked,' i^6 The Chill naked, who were fallen in upon by the Referves of Horfe, the Kings Army was totally broken before Prince Rupert come up to their relief, whe fpenc too much precious time in fummoning the Train to no purpofe. The King himfelf having - done all that polTibly in valour could be done in Perfon, Rallying His Horfe, and endeavouring ftill to maintain the Battell, but finding all loft, himfelf fied out of the Field towards Leicefler, his broken Army purfued, many of them flain, and more takefi prifoners,and Himfelf from Leicefler being fo clofely purfued as en- * ea Tff°rcec^t0 malie to Lichfield. This was the fatall Battel both to the King and g cac os. His Party, He never after being able to make any confiderable Head, butlofing Battel after Battel,and Place after Place,till he had loft all in the end: In it were flain on the Kings Party about fix hundred Common Souldiers, twenty Colonels and Officers of Note,the Earl of Lindfey, Sir Jacob Aftley, Col. Rujfel,and others wounded ; four thoufand five hundred Common Souldiers,near two hundred Of¬ ficers of quality, thirteen of the Kings houfhold Servants, and four of His Foot¬ men taken Prifoners, befides many Women, twelve Pieces of Ordinance, eighc thoufand Arms,forty Barrels of Powder,two hundred Carriages,all their Bag and Baggage,ftore of rich Pillage,two hundred Horfe, the Kings Standard,and many other Colours of Horfe and Foot, together with one of His Majefties Coaches, and His Cabinet of Letters and Papers. Nor came thisVitìory alone to the Parliament, for other fmaller Succefles came thundring in to them, as the Houghton ca- regaining of Houghton Garrifon near Grantham, where divers Officers of quality Succ^s " vvcre "ken Prifoners; The beating of a Party of the Kings in Chefhire by Sir William Breretun,md taking one hundred and fifty Prifoners • The like done by a Party from Shrewsbury,and taking four hundred Prifonersjwith other fmaller fuc- ceffes.The Prifoners taken at Nafcby Fight were triumphantly driven up to Lan¬ den,md there che Prifons ftufc up with them, and the reft thruft into the Wall of theArcillery ground,where many of them were ftarved,or died for want of necef- faries and lhelter. And the Kings Cabinet, which was taken in the Fighr, broke open by the Parliament, his Letters Printed and divulged,out of defign to render His Majefty odious to the People,by His giving Licenfe to the Queen to promife fome favour to the Catholicks nere if he might obtain affiftance from thofe beyond Sea; but by doing it,inftead of effedfing their intended purpofe, they drew a ge¬ neral obloquy upon themfelves, by publifhing the fecret paffages between Man and Wife, contrary to the Rules of Humanity,or common honefty,an Aririon ab¬ horred by the very Heathens of old : For when the Athenians, in a Battel gained againft Philip of Macedon, had intercepted a Packet of his Letters unto feveral friends, all thofe to friends were broken open, but that one fubferibed to the Qr.Olympian was returned untouched ; and fofenfible were the two Houfes foon after of their errour in publifhing th®fe Letters,that in the publifhing that great Volumn of Ordinances,&c.by Edward Husbands, the Parliament gave order that thofe intercepted Letters fhould be left out,though thofe of the Lord Dlgby's, ta¬ ken foon after nSherbome,were ordered to be publifhed.But tocompleac the Vi- Sr John Gell 6tory,Sir John Gell, having during the fight fttmmoned together all the Forces of piirfuesthe Derbjfhire and Nottinghamshire, two daies after the Battel met with fome of the Kings fcatte- ^noS fcattercd Forces, and took fifty Horfe ; and another Party of his fell upon red Force». threefcore 0f the Newarke Horfe, and took four and forty of them prifoners, and fifty Arms, and fo came and joyned with Fairfax,who was fate down before Lei¬ cefter, which he fummons,advifing the Governour, the Lord Loughborrouyh,oi the Kings ill Fortune,wifhing him to furrender to avoid the (Bedding of blood; that which would necefiarily follow the ftorming of it; But he returns them anfwer; That it would be a (harne for them to furrender, fince if the State of the War were fo to His Majefty as they reprefenred, it might prove the rather propitious to them, however their oppofers fhould find their Loyalty never a whit abated by theunhappinefs of His Majefties fuccefs, but they would do their duty to the ucmoftof their power,which was equall to their Spirits. Upon this refolutean- fwer Fairfax immccjiately calls a Council of War, and concludes the next day to ftorm. & of (fr eat Britain and Ireland. 157 ftorm the Town; and immediately with incredible expedition furrounds, it,raifes Leìetflcr fur- his Batteries,and provides Ladders and Engines for the Affault.OnTuefdaj Juner« drei. i7.his Batteries began to play,and likewife they fell to ftorming in divers places, efpecially on the Nevparke fide, where the greaceft ftrength was fuppofed to lye, and at length with their Batteries fo widened a breach,that the Defendants began to confult of their fafety, and make fome overtures erf a furrender; fo Color,el Pickering and Colonel Rainsborough were fent in Commiflioners to treat, and che City was furrendred upon honourable Conditions. CHAP. LXX. Taunton Relieved-, Thctnfurrettim §f the Clubmen, Bridgewater,Bath, Scarborough,&c, [wrendred tt the Parliaments Forces. THE King, after His unfortunate defeat at Nafeby, with fome fmall Rem- 164^ nantofhis fcattered Army retired into wales, there to gather Recruits, whiilf Fairfax divides his victorious Army, part to dißrefs Oxford, and with the other part marches himfelf towards the Relief of Taunton, which he eafily per¬ forms,General Goring upon his approach hill drawing off his Army, and giving him room to enter the Town without refinance ; but in his march thither he found the Clubmen,a rude Rabble of the Country people of Wiltfhire and D»r- cetfhire gathered together, to the number of four or five thoufand, but moft of them armed with no other weapons than Staves, Clubs, and Pitchfork's; who grewfoinfolenr, thatchey forced the Parliaments Quarters in thofe Counties, efpecially at Sturmißer-Newton, feizedupon all the horfes in the grounds, and thus continued in a pofiure of Defence. Thofe two Counties had indeed more than any two in England been made the feat of the War,now under the power of the King^nd foon after under the Parliament,and forced to pay contribution to bothjfo that between them the poor Country was mifetably Harraifed,and almoft utterly undone, and therefore they thus rife up in a Body, refuting to pay contri^ bution to either Party, and fo formidable were they, that Fairfax was almoft in a doubt whether he fhould pafs to the Relief of Taunton or no, their Numbers being fo great that they were thought worthy the Parliaments particular confede¬ ration, who at a Conference concluded on two Letters to be fent to the Chiefe of the Clubmen, wherein they acquaint them of the intentions of the Parlia¬ ments Forces in general in oppofition to the King, and of the prefent defign to advance the relief of Taunton, and that done to leave the Country in defence and quiet, and therefore requiring the Countrimento retire to their Habitations, promifingthat they fhould notbequeftioned for this Infurre&ion and Tumult,in cafe they fhould fpeedily fubmit to that Order; otherwife their Commanders, Fairfax and Mafjey, were to take all advantage to force them, and to bring the chief Adfors to condign punifhment,if it fhould be necelfary to execute Martial Law upon them. This Order of the Parliament fomewhat frightned them at fir If, but foon after, growing llronger, they cake upon them a publike Caufe, and en¬ deavour an Affociation in all Counties, and fend Commilfioners both to King and Parliament; and to General Fairfax they fend one Mr. Hollis as an Agent to defire a fafeConduit for theirCommiifioners, who were c"Melchizjedeck^tVal- tham and Richard Coof Tub-preachers ; Thomas Trenchard and Robert Cullifcrd Efquires; George Haule ana Richard Newman Gentlemen; who,with their Petition, prefent to the General fome Articles devifed by themfelves for the Af¬ fociation of the Counties independent of either Armies; Their Articles in ef¬ fect were : That thofe affociate fhould find Arms for themfelves to be at peace, unlefs in oppofition of diforderly Souldiers on either fide to be brought to the next adjacent Garrifon; That they would fubmit to Quarter and Contribution to their abilities till their Petitions were preferred and timely anfwered ; That they would not favour any Party,nor protedf any nor foaffociated.TheirPetition then f^S "The Qfoili War res then contained thefe feveral heads: That a Treaty fhould be renewed between King and Parliatnent;That the Garrifons of Dorcet and fviltjhire be put into their bands till the King and Parliament fiaould agree about difpofal of them; That; th -y might be freed from allChargebuconly the maintenance of thofeGarrifons; That all Laws not repealed fhould be in force to be executed by the ordinary Of¬ ficers ; That all men who defired it,might lay down Arms, and others who had abfented themfelves from their dwellings might have liberty to return home.To thefe defires of theirs the General, by advice of the Committee of Parliament redding in the Army,returned anfwer: That although the Paper brought him,not being fubferibed, could not challenge any anfwer,yet to clear himfelf from averf- nefs to the fatisfa&ion of the Country, who were pretended to be entrufted in thofe Petitions, he returned: That his atfe&ions, and the affe&ions of his Army, were as much inclined to peace as any mens whatsoever; That they undertook the War for no other end than the eftabliflament of a firm and happy peace, by oppofing the enemies thereof, and that he fhould be reidy, fofar as it concerned him, to further all lawful means to procure it; Thac having feen the Petitions, for the conveyance of which a Letter is defired, he muft profefs himfelf no: fo well Satisfied wit h fome things contained in them as to concur to their delivering it by any a61 of his. Firft, In particular, That aCeffation wasdefired,whilftby the Letters written by the King and Queen (taken at the Battel at Nafeby ) it evidently appeared that contradls were already made for the bringing in ten thou- fand French,and fix thoufand Irifh.Secondly,that it was further defired,That the Garrifons in thofe parts, whereof three are Sea-ports, fhould be delivered up to the Petitioners to grant, which would be for the Parliament to acquit part of the trull repofed in them by the Kingdom; and,confidering thofe forreign preparati¬ ons,to run very great hazards of thefe Ports to themfelves and the whole King- doms.To that further Propofition,that liberty be given to all fouldiers to disband andreturn home, it might with equal juftice be defired by all parts of the King¬ dom,and fo the Parliament made unable to manage the War, before Peace were fetled ; and thefe Confiderations, with fome others yet to be debated,would not c 1 jbmens ^ Perm*c ^UT110 §ranc t'ie deftre °f their Letter: But to the other part of their Pe- ericvances. tition,which declared the grievances of the County by plunder and violence com- * " ' mitted either by Garrifons or Armies, he did hereby promife and undercakefor the Garrifons & Armies under the Command of the Parliament,that whatfoever diforders were committed by them,upon complaint,making known the offences, and perfons,juftice fhould be done,and fatisfaflion given; And he fhould likewife endeavour, that the Parliaments Garrifons might be regulated according to any reafonable agreement with the Country,and he did not doubt but the Parliament would caufe them to be flighted fo foon as the condition of thefe Parts and the Publickgood fhould permit;and that in the mean time the Army under his com¬ mand fhould be ordered as mightbemoft for the good and advantage of thofe Counties,and thevvhole Kingdom,of which fome reafonable teftimony had been already given in their quiet and orderly paffage through thefe and other Coun¬ ties,without many of thofe complaints which ufually follow Armies.To conclude, he defired, that in the publifhingof this his anfwer to their requeft,all affembling of the people to publick rendezvouz might be forborn,& thatCopies hereof might be difperfed to the feveral Parifhes,that the Country might be acquainted tbere- with.Having given this anfwer to the Clubmens Articles & Petition he marches forward to find out Goring, whilft the Clubmen fall out with the Governour of Lime,a Sea Town in Dorcetfblre, who fending to them to disband and return to their homes,they in fcorn tore his Meflage ; whereupon a bickering enfued nigh Bridge-port, wherein fome fcores were flain on both fides; it was faid, that this difference was fomented, and fbme Officers lent them, by Goring, who upon the noifcof Fairfax his coming, had drawn off all his Forces from Taun¬ ton, and was marched to Lang-Port, there expelling a Party of Horfe and Foot from the King to joyn with him, which con jundlion Fairfax made it his endea¬ vours to prevent,& therfore refolved to force him to fight before they could come up, ififài 0* / - 1 -• • of (freat Britain and Ireland. up,to which end Ma fey who was quartered at Matrobe with about four thoufand of the Army» advances about and falls into the very Rear of G»rings Army, and takes fome P rifoners, whilft in the mean time Fairfax with the rett of the Army comes up within a mile of Lang-Port, and not knowing of Maßeys Engagement, who was quartered on the other fide the River, on the tenth of July in the mor¬ ning, draws out feveral Regiments ofHorfe, and mod of his Foot into Sutton field, whereupon Goring perceiving.his refolution, poffeft himfelf of a very ad- vantagious pafs by a Hedge,which helmed with Mufquetiers, whereby he hun¬ dred che con jun&ion of both Armies , and likewife gave him the advantage of Retreating honourably ( upon occafion) to Bridgewattr, and drawing off his Or¬ dinance and Provifions; but his Foot which had lined the Hedge, were foon beaten from their poft, and fo the Enemies Horfe advanced with more fecurity, Major Bethel with a fingle Troop forcing the pafs, & followed by others charging upon Gorings main body, who ftoed ready in a Lane to receive them • and did it gallantly, forcing them to retreat to their main Body for help;, which was foòn brought them by Colonel Dcsborough, who with four hundred Horfe of the Generals Regimentjgave them fo fharp an encounter ,that Gorings men not able to endure that and their other frefh aflaults, retreated toward Bridge-water, Fairfax purfuing them, and taking divers Prifoners , feveral Collours, two pieces of Ordinance, and fome carriages for Ammunition; there were flain on both fides about eleven hundred, the number on each fide not much unequal, Goring from Bridge-water Marched away towards the North of Devonfhtre, and at Mintard joyned with Greenvile and Berkley , making in all fix thoufand firong, whilft the Prince and Hapten were gone down into Cornwal, toraife the Country, and Fairfax advances to the Siege of Bridge-water, fending firft propofitions to the Club men ( who were near two thoufand of them, up in a body, between that Town and Briftol) that the Kings Forces in Bridge-water might not befupplyed by them, and for his men , they fhould have nothing of them buc for necelfary fubfiftance, and to be paid out of the firft moneys which was expe&ed daily from the Parliament; andjuftice fhould be done to any that offended them. But they continued ftill in a body , and returned him a very doubt full anfwer; notwithstanding which, he marches on towards the Siegelnd in his way takes Burroughs Fort upon conditions, and then fits down before Bridgewater, but without doing any thing, till the three and twentieth of July, that money was come from the Parliament to pay his Army, who before were very füllen; then he Surrounds the Town, having before fent a fum- mons, which was ftoutly and refolutely anfwered with a denial, whereupon he refolves to ftorme,but his firft on-fets were fo gallantly received by the Gentle¬ men within(fuch were Sr .Hugh Windham,St.John Digby,Sit John Stowell,St.John Hales, and Mr. Thomas Flliot) rhat the Generali began to confult whether he Should endeavour the gaining the place by Siege or Storme , till being infor¬ med by fome fugitives from the Town, of the great Store of provifions they had,whereby hebnuft be forced to fpend more time in aSiege then he could well fpare, he refolved to ftorme, and fo that night drawing out his Foor, and orde¬ ring the manner of the affault, at two a clock the next morning the affaulc be¬ gan , the Generals Regiment leading on, on that fide, and gallantly fixing his Collours on the top of the Works, gained the Platform and Guns, and imme¬ diately opened the drawbridge for Captain Reynolds and his Troop to enter, who fcoured the ftreets, and forced the defendants to the upper part of the Town, buc Mafey was repulfed on the other fide the Town j and theBefieged no whit daunted with tbeloffe of the lower town,with an admirable courage and resolu¬ tion ftill continued to throw their Granadoes, and other combuftible things in¬ to it, till they had not left one Houfeunburnt to Shelter their enemies; where¬ upon a fecond fummons was fenr, together with fome overtures of a Parley from trie General, his Trumpet telling them, "That he was moved in compalfion to " fpare the effufion of more blood, and to fave to the inhabitants what was left " from confufion. But this prevailed nothing, the defendants refolving rather to Fairfax otid Gor'mg engage.' Goring tetrtatfl Sridgtwatef beficged. The gallan¬ try of the De¬ fendants. I I ■■■' I ! G Sr'Ht IMlffl 6o The Chill JTarres • to die then yield,whereupon a fecond dorm Was refolved,& both fides the town were aflaulted by break of day, but the tide being up hindred any efte&s, befides fome lofle of the aflailancs in their attempt: The General therefore Summons them again,and a treaty pretended in favour of the Women and Children from the bloody deftrudtion like to enfue : whereupon the Lady Governefs, the La«y JWattle Mrs. Maire, and fome others of quality,were permitted to quit the Town, and the next day the General finding that by dorm he could not prevail,attempts it by firing, and therefore with all their great Guns,Morter-pieces,Fireballs, Hoc Irons, with help of the wind, fired the upper Town in four feverai places,which put the defendants in fome terror, and Mr. Thomas Elliot was fent down to the General for a treaty, but they having twice refufed his profer of treaty, he would Brìdgcwatcr now condifcend to nothing but Fire and Sword, till at length the fire quenching furrendred. a celfation was agreed on, and the Town furrendred upon fair Quarter to march out, leaving behind them fuch Plunder and Ammunition as efcaped burning, which proved but very little. This Town taken, the General marches away towards Bath, which on the laftof July, was likewife furrendred to him upon at Articles, and lying with his head Quarters at Wells; he likewife fends out a party to view Sherboum, and having recruited his Army, himfelf fits down before the Caftle;after a fortnights fiege,makes a breach in theWall neer thirtyFoot,where¬ upon he fummorts Sr. Lewis Dives theGovernour to furrender, but he being re¬ fufed,Storms , and after a (harp encounter enters,and pofleflfes himfelf of it with the Governour, Sir John Strangewaw Son to the Lord Paulet,Captain Fujfeilend uken by'ftonn otbers his Prifoners. Thus ill fped the Kings affairs in the Weft, and as bad ia the North,where Carliße under Sr. Thomas Glenham the Governour having long And cs/liße endured 3 violent Siege, was furrendred to the Parliament upon honourable furrendred. fondi tions, the Garrifon to march off in a WaTlike pofture to Newarke, chough it wasimpoffible they fhould hold out much longer, their Provifion and Ammu¬ nition being both nigh fpent, their men leftened by War, and ficknefs, and thofe left weakened for want Of Provifion; foon che twenty eight of J me, it was de¬ livered to the Parliament, and foon after on the one and twentieth of July, the AndPonttfraft famous CaHle of PontèfraEl followed its fortune, being after much time and coll Caftle. furrendered for want of Provifions, to Major General Points, the terms ho cu¬ rable, the Garrifon to march to Newarke, with fafe condudl as far as Doncafier. In the requital of this Service , the Lords at Weftminßer had Voted the Com¬ mand of this Caftleto Poines,but the Commons to thwart them, firft beftew- ed it on Sr. Thomas Fairfax •, not long after this Scarborough ftrong Caftle under went the like fate, having been long belieged by Sr. Joh. Meldrum the Scot, who Caftl" 'ai<^ b°nes un^er ,£be Walls of it, and after him by Sr. Matthew Bonitov, to 0U*J e' whom out of hopes ofreliefitwas furrendred bySr.HughCholmely theGovernour upon honourable conditions: Rabby Caftle was likewife taken by the Parliament upon like Articles ; fo that now the King had no Garrifon lefc in rhe North of And Rabby a England, befides Skfton and Sandal Caftle, and both befieged. Thefe furrenders Caftle, &c. made a Holy-day at London, the Parliament ufually creating a day of thankfgiv- ing for every bloody fuccefs. CHAP. LXXF. The Scots befiege Hereford, they are dif contented, Bauton Heath fight. Briftol furrendred by Prince Rupert,fe¬ deral Garrifons taken by Cromwcl, and otherfucceffes of the Parliaments Forces. 1645 I He Scots were by the Parliament, to remove them from the Northern 1 Countries, ordered to march towards Hereford, to reduce that City to the Parlia- of (great Britain and Ireland. 161 Parliaments obedience which tvas now kept with a drongGarrifon for the King, under the Command of Sr. Barnabas Scudamore, and this was accounted a Town of great confequence to the King, receiving contribution of the Country all a- bouc. On the thirtieth of July the Scots came before it, when their Forlorn® Hope, were charged by a party of twenty horfe from the City, and forced to re- treac to their Main Body ; foon after the whole Body of horfe facing the City they were welcomed with the great Guns from the Walls; and the Foot not being difcovered, a party from the Garrifon, went out, lined the Hedges,Galled the Scots in their paffage to the Fords, retreated and enfafed their Ports : The next morning the Scots having furrounded the Town, their General Leven fane a fummons to the Governour, telling him that their appearance in that podure was for no other end but the fetling of truth with Peace in England,without the letddefire of fhedding the blood of anySubjedl, therefore this was to fummon him to deliver up the City unto him for the King and Parliament of England, if herein he was wife and happy, he might have conditions honourable and fafe, othervvife all the world would acquit them (the Scots) of the manifold inconve- niencies; he bids him therefore confider his own condition, and thofe under his Charge, whofe blood would be required upon his account, and return him anfwer within rhree hours. Another letter of fummons he likewife fenttothe Mayor, containing likewife certain proportions, as appears by the Governours anfwer, who returns him; "That he was not to give up the Kings Garrifons upon " any fummons or letter,nor fhould it be in the power of theMayor or any other 4t to condifcend to any fuch propofitions made unto them. That he was fet there " by the Kings Command, and would not quit ic but by fpeciall Order from his " Majefly or the Prince,in which refolution he was refolved to perfid; Hereupon the Scots begun their approaches very flowly, and often fuffered lofs, both by the great Guns from the City , and Tallies of the defendants, but the Scots endeavoured to get theTown as cheap as they could,and therefore they got fome Gentlemen of the Country by a very compaffionately perfwafive letter to Court the Mayor and Aldermen to a furrender : But this trick being anfwered with a negledf, they continued their line of Communication, and begun toraife their Batteries at Wye bridge,where they received mod damage,here their Major Gene- Major Gen." ral Craford was flain,which fo angred them,that they played theirGuns upon the CraP'd flai». Gate,without any other effedt, then rendring it ufelefs, it being foon dopt up with woolpacks and timber; they likewife endeavour to undermine, but in vain, fotheyfall again to their old flight; three Gentlemen of the County writ a let¬ ter to Dr. Scudamore, with whom upon fafe condudt they defire to talke, and be¬ ing admitted, would needs perfwade the Doftor to be a means that the City Dr. scudamrc might be furrendred to the Victorious Scots, but being laughed at, the Do&or at killed, their parting accompanied them out of the Gate, where he fell by an unfortunate fhot from the Scots,who dill continued theirBatteries,and receivedfeveral Tallies from the befieged, till the firfl of September at night, when Leven having the day before made fhow of preparing all things for a dorm, departs and raifesthe Siege, upon pretence of the Kings drawing towards fVorcefier, but in truth Lef- rai ley had received advice upon advice,of the wonderfull fucceffes of the Marquefs of Motitrofs in Scotland, and had now news of his taking the City of Edinburgh, fo that all was like to be lod if he hadned not to their relief, which was the chief ground of his fo fuddain raifing the Siege, and marching Northward, till he fenc David Lejley with all his Horfe, ( now from two thoufand brought out of Scot¬ land, encreafed to fix thoufand ) who by the treachery of Roxborough and Tra- cjuaire ( who notwithflanding their treafons, were dill great confidents of the Kings) furprized theMarquefs, and routed him as hereafter more àt large. But the Scots, at lead their General Leven, had been curbed by the Parliament for his prefuming, being a hireling, to grant Commiflions for the raifing and Scots difconV leavying of Forces in England,which a&ion the Parliament forefented that they «accd. Voted; w That the Scottidi Army in England had no power co grant Commif-- Z. fions ( i I MP" :i|l ■ 111 it X ; !',k H I lit: < !{ H 16z The Chill War res u fions to any Perfons for raifing of Forces within this Kingdome; and that afl " fuch Commiflions were and fhouldbe Void. Which Vote to angrcd Lefiey,that he refuted to lay Siege to Nervarrhe according to the Parliaments Order, which made them fecond their firft Vote with another. That if the Scoccifh Army in this Kingdome, fhould fit down before Newarke by the firft of November next, the Sum of thirty thoufand pound fhould be advanced for them, otherwife not, and more then this ,rhe Scots General Leven was fomewhat curbed in his own Quarters concerning one Mr. Cafey who was to be rryed there by a Council of War,upon which the Parliament after much debateVoced:That theScotiifh Ar¬ my in this Kingdome, had no power to cry an Englifliman by Marcial Law, and that Mr. Cafe ought to have fatisfa&ion therein. Thefe things had fo angred Leveny that he marched away ( as I faid before ) from Hereford, direòily North¬ ward, where there was no need of his Service , and ac firft refufed to come to¬ wards Newarkc, the Siege of which the Parliament had ordered them ; fo that apparent differences began to arife, which made the Parliament draw up a Declaration, intimating; That the Houfes will obferve, and defire to continue the Afliftance, Amity, and Freindfhip betwixt both Kingdomes, according to the Solemne League and Covenant. That the refiding of the Scots Army in Torkejhlre where they now were, was not fo ufefull to the Kingdome, as if they fat down before Newarke, neither ought they to lay Taxes on the Country . where they came, without making fatisfadion. That Carllfle, Tttrby Cattle, Har- tlepooleymd other Garrifons in the North, then in poffelfion of the Scots,were ro be difpofed according to dire&ions of Parliament; That if the Scots Army fat down before Nevear'ke, according to a former Vote of the Houfe by the firtt of November , they fhould have forthwith thirty thoufand pound towards their pay. That Commilfioners fhould be appointed to treat with the Scottifh Ar¬ my,to deliver up all the Englifh Garrifons in their hands, to the Parliaments Commanders: This latt they obeyed , but refent highly feveral of the former paffages, and in fome part of revenge, earneftly prefs the Parliament to fettle Tdnou be- Church matters according to the National League and Covenant,r,but ac latt were fieged. contented to gain their pay to march towards Nevearhey and lay Siege to it. But to continue our Hittory in order, and returner j0 princeC' " be careful to advertize you of my refolutions as foon as they were taken; and if fypert. •41 injoyned filence to that which was nofecret, it was not my fault, for I tc thought it one, and I am fure it ought to have been fo. Now as for your opi- t{ nion of my bufinefs, and your council thereupon,if I had any other quarrel,but " the defence of my Religion, Crown and Friends, you had full reafon for your 74 77«? (hIf arret u Lieutior any of hi Mijefties Council there. But crueic is,that for the neceftary pre¬ servation of his Majefties Proteftant Subjects in Ireland, whofe Cafe was daily re- 44 prefented unto him to be fo defpcrate, his Mijcfty had given Commiflion to the " Lord Lieutenant to treat,and conclude fuch a Peace there as might be for the fafe- 44 ty of that Crown,the prefervation of the Protcliant Religion, and no way deroga- " tory to his own Honour and publick Profeifion. But to the end his Majefties real <4 Intentions in this bufinefs of Ireland may be more clearly underflood, and to give 44 more ample fatisfaòìion to both Houfes of Parliament, and the Commiflionersof 44 the Parliament of Scotland, efpecially concerning his Majefties not being engaged 44 in any Peace or Agreement there, he doth defire, if the two Houfes (hall admit of '' his Majefties repair to London for a Perfonal Treaty, ( as was formerly propofed ) 44 that fpeedy notice be given thereof to his Majefty, andaPafsor fafeCondudt, u with a blank fent for a Meflenger to be immediately fent to Ireland, to prevent any 4' accident that may happen to hinder his Majefties Refolution of leaving the man- " naging of the bulinefs of Ireland wholly to the two Houfes, and to make no peace 44 there but with their confent; which in cafe it (hall pleafe God to blefs his endea¬ vours in the Treaty with fuccefs, his Majefty doth hereby engage himfelftodo. 44 And for a further explanation of his Majefties intentions in his former MeiTages, 44 he doth now declare, that if his Perfonal repair to London, as aforefaid, (hall be " admitted,and a Peace thereon fhallenfue, he will then leave the nomination of the 44 Perfons to be entrulled with the Militia wholly to the two Houfes with fuch power 44 and limitations as are exprefled in the Paper delivered by his Mijefties Coaamilfi- 44 oners at Uxbridge the ftxth of February 1644. for the term of feven years, as hath 44 been deftred to be given immediatly after the conclufion of the Peace,the disban- 44 ding of all Forces on both fides,and the difmantling of the Garrifons ere&ed (ince * Seven years " troubles, fo as at the expiration of the * time before mentioned the power of in Uxbüdge 44 the Militia fhall intirely revert and remain as before. And for their further fecurity Paper. 44 his Majefty (the Peace fucceeding)will be content that pro hac vice the two Houfes 44 (hall nominate the Admiral, Officers of State, and Judges to hold their Places du- 44 ring Life, or Quam din fe beneGejferlnt, which fhall be beft liked, to be accounra- 44 ble to none but the King and the two Houfes of Parliament. As for matter of Re- 14 ligion his Mijetly doth further declare, That by the liberty offered in his Meffage 44 of the fifteenth prefent,for theeafecf render Confidences,who will not communi- 44 cate in the Service already eftabliflied by Adf of Parliament in this Kingdom, he 44 intends that all other Proteftants, behaving themfelves peaceably in and towards 4t the Civil Government, (hall have the free Exercife of their Religion according to 44 their own way .And for the total removing of all fears and jealoufies his Maje- " fty is willing to agree, that upon the Conclufion of the Peace there fhall be a gene¬ ral A6f of Oblivion and free Pardon paft by A6t of Parliament in both King- 44 doms refpe&ively.And left it fhould be imagined, that in the making thefe Propo- 44 fitions his Majefties Kingdom of Scotland, or his Subjedis there have been forgot- 44 ten or negle&ed, his Mijefty declares, that what is here mentioned touching the 44 Militia,and the naming of Officers of State, and Judges, fhall likewife extend t® 44 his Kingdom of Scotland. And now his Majefty, having fo fully and clearly expref- 44 fed his intentions and defires of making a happy and well-grounded Peace, ft tall "declinethehappinefsbyoppofingof fo apparent a way of attaining it, he will 44 fulficiently demonftratc to all the World his intention and defign can be no other "than the total Subverfion and Change of the ancient and happy Government of 44 this Kingdom under which the Englifh Nation hath fo long flouriihed. Given at Our fconrt at Oxon this 29. Jan. 1645. Thus earneftly did theKing Court them for Peace,what is it now which any rcafona- ble man can think they could objeft againft ? They demanded to have the carrying on of the War in Ireland, 'tis fully and abfolutely granted them; They demanded to have the Militia of the Kingdom in their own hands, 'tis likewife granted, and thar for fuch a term of years as might fecure them; but what reafon had the King to give it Eternally, and thereby not only deprive himfelf of hisRighr, but likewife wrong his Succeflors ? They had free and full liberty to exercife their Religion in what man¬ ner x 'My Pit ^atotfc '•?% »Jtjtfiaiti H^dios» ^Hoilgjjj QUDQCQ l «"I ,,, imi^Z so an btM'j kp ■of Cjreat Britain and Ireland. ner they pleafed,why then lhould they redrain the Kings or other men? conferences» and force them to fubrr.it to a new Form of Church Government, whilft themfelves would nor. fubmic to that under which the Englifh Church had flourifhed ever fines it wasProtelitntPthey had likewife the nominating of allOfficers of State left to them, fo that nothing in effleCl was denied, yet to thele Concelfions they dill find Demursj fome Letters, taken at the defeat of the L.Afhley,inform them fomething,which they are readier to take notice of than of his Majefiies gracious Offers,& fo earnediy pref- fed endeavours for Peace ; notwithdanding which negleci of theirs, his Majedy dill perfids in his long hoped for defires for an accommodation, and therefore he yec lends another Mefi'age on the 26th of February rhus: That his Majedy needed nor to make any excufes, though he fent no more Meffages unto them ; That he vefy well knew he ought not to do it, if he either flood upon PunCt ilio's of honour, or his own private Intereft, the one being already called in quedion by his often fending, and the other afiiiredly prejudged, if a Peace fhould be concluded from that he had al¬ ready offered, he having therein departed from many his undoubted Rights. That nothing being equally dear unto him to the prefervation of his People, his Majedy pafled by many fcruples, negleCts, and delaies, and once more defired them to give nim a fpeedy Anfvver to his lad Meffagejfor his Majedy believed it did very well be¬ come him (afrer their very long delay) at lad to ucrer his impatience,fince the goods «nd bloud of his Subjeòf s cried fo much for Peace. Yec when this would not do, he finally concluded with this lad of 23 March 1645. C. R. T Otwithdandingthe unexpected filence,infteadof anfvver to his Majedies ma- ny & gracious meffages to both Houfes,wherby ic may appear that cheydefire <* to obtain their ends by force, rarher then by treaty * which may judly difcourage '' His Majedy from furtner overtures of that kind, yet His Majedy conceives he fhall «' be much wanting in his duty to God and in what he oweth to the fafety of His peo- " pie; if hè Ihould nor intend to prevent the great inconveniences that ma-y other- wife hinder a fafe and well grounded Peace, His Majedy therefore now propofeth, " that fohe may have the faith of both Houfes of Parliament for the prefervation of " his Honour, Perlon, and Efface, and that Liberty be given to all thofe who do and " haveadbeared to His Majedy, to go to their own Houfes, and there to live peace- " ably enjoying their Edates, all Sequedrations being taken off, without being com- tc pelled to cake any Oath, not enjoyned by the undoubted Laws of the Kingdom,or " being put to any other moledacion whatfoever,he will immediately disband all His " Forces,and difmantle all His Garrifons,and being accompanied with his Royal,noc &c. That all perfons that have born Arms againftthe Parliament, fhould depart the City before the fixth of ./fyrtVenfuing, otherwife to be declared againft as Spies,and tobe proceeded againfl according to the rules 3f War, unlefs with Licenfe ot the Committee of Go/dfmit hs~Hillyand of the Militia of London. The Subcommit¬ tees being required to keep flrong watches , and make frequent fearches for fuch as fhould diiobey herein, provided that this A£t fhould not extend to fuch as came in to the Parliament before the firft of June laß. And that no Peer fhould have Li¬ cenfe,but from the Houfe of Lords,and this order to continue for a moneth after the fixth of April; Thus they who continually made it the pretence of their raifing Arms to bring the King home to his Parliament, would not now either grant him admiffi- on,nor come to a pacification with him,though he now offered as much as they at firfl defired; fo that it clearly appeared by their proceedings, that they intended nothing leffe then the real fence and meaning of that old maximeof theirs, to bring the King with honour to his twoHoufes, but rather meant as the King Himfelf would often interpret it, that he fiaould never come there unleffe brought as aprifoner. CHAP. LX XIII. VVeftchcftcr. Dartmouth. &V. Surrendr cd to the Parlia¬ ment ; Hopton defeated at Torringcon. Disbands upon Conditions. THe latter end of this year, had left the King but very few Forces, and as few Garrifons offtrength, amongft which ifcfichcfter was none of the leaft confide- rable, being the moft convenient Port for Ireland, and Commanding likewife a good large circuite of the Country, well manned, and fetching in contribution, under the Parliaments Garrifons thereabouts: This made the Parliament refolve to befiepe ir, and to that purpofe drew confiderable Forces into the County, and quartering there¬ abouts, at firff onely endeavoured to prevent the Cavaliers ranging abroad,which yet they could not do, before they came to a clofe Leaguer, which on the three and twen¬ tieth of September they effected. Colonel Jones who Commanded the Parliaments Horfe,joyning with Louthians Fooc at their Leaguer neer 2?ff/?o»,made up a Body of about one thoufand three hundred in all, and advancing the next morning about four a clock, began t® fiorm the outworks of the Eaft Suburbs at the end of Forrefl-Street ^ in four feveral places, and being undifcried, eafily entred, though they there found a flout and gallant refinance, for though they carried the Suburbs on that fide the Town , took poffeffion of the Majors Houfe, and in it the Enfigniaof his and the Sheriffs, yet what with the lofs they fuftained at prefent, and what afterwards by the continued Tallies of the befieged, they had little reafon to brag of their purchafe ; yet they had ftill fuch additions of frefih Forces fent them by the Parliament, fo that in the end they likewife blocked up the Weft fide of the City , fo that it was now fomewhat diflreffed which made the King ( knowing the confiderablenefs of it ) anxious for its relief, who therefore gives order for the drawing out feve¬ ral Forces under the Command of Sr. William Vanghan out of the Garri¬ fons of Hereford , Ludlow, Worceflcr, and Bridgenorth , who with feventeen hundred Horfe , and feven hundred Foot , advanced to its relief, Rendezvouz- ing at Denbigh; but the enemy drawing out a party of one thoufand foHr hun¬ dred horfe, and one thoufand Foot, encountered him, and utterly routed him : worfe fucceffe had the Lord Afhton who advancing with a Regiment of Horfe towards the relief of this City, was met with an equal number neer Sturbridge, himfelf wonded Ichesf-fucna5 HI. ■m j 012 fa !k to- of Great Britain and Ireland. and taken prifoner, though the lofs on the other fide made them over heartily brag of the Victory, In the mean, ftill expecting relief, the Lord Byron refo- lutely defended the City, ftill peftenng the Enemy with Tallies , till at length tired out, they came to a Treaty on the twenty eighth of November; but the de¬ mands being too high on either fide, nothing was concluded, for though Byrons rtecellities were great, yet the information he had of the Kings earned endea¬ vours to relieve him, made him refolve to endure the utmoft extremities, till at lad the Horfe-flcfh being fpent, and hunger beginning to bite the almod ftarved Townfmen, they began fird to murmur, and then to mutinie ; yet Byron appeafes them for theprefent, wich promifes of furrendring, if no relief came within a week, andfo kept them oft for fome time from week tò week, dill ex- expecting in vain, for the Kings condition was fo low, that he could not fend them any fuccour ; or had he been in a better capacity, the attempt would have now proved very difficult, fohad the Parliament blocked up all paftages to it in the Counties about, which made Sir William Br er et on knowing in part their necellities, but being unwilling to take that City by dorm, which he had hopes to govern hereafter, to fummon them to a Surrender: to which he re¬ ceived no other anfwer, but that if within twelve dayes they were noc allured of relief, by a Gentleman and a Citizen, which they fhould fend out with a Trum¬ pet, and for whom they defired a pafs, they ifiould then be concerned to enter into a Treaty for theSurrendry of cheCicy upon honourable conditions: But Brereton denyed to grant a pafs to their Mellengers, requiring a pofitive anfwer, which was delayed for the prefent, out of hopes of the return of a meflenger whom they had privately lent out, but he being intercepted by Brereton, and fentjupto the Parliament; whereupon a Treaty commenced, and ten dayes fpent in feveraldebates, thebefieged purpofely delaying timeout of hopes of relief, they having advertizement that Sir facob Afiley (a year before made Lord Aft ley of Reading) had united with Colonel Vaughan; and now abouc Bridge-North, wich intention to have joyned with the Welch Forces under the Lord St. Paul-, and fome others from Ireland lately landed at Beaumorrü: but noc only this Conjun&ion was bindred by Colonel Mitton, who was fent from the Leaguer with three Regiments of Horfe, and a confiderable force of Foot and Dragoons; but likewife R»rA^Callle taken, and not long after the Town of Conway, (to the Siege of which Williams Archbifhop of Xtrk,, (fome fay in Ar¬ mour) came and ferved in perfon under the Parliaments Colours,a thing very un¬ becoming one of his Coat and Calling) furrendred unto him : fo that now even their hopes of Relief dying , Co mmifli oners were fent out, and a Treaty con¬ cluded onthefirftof February, upon honourable terms, viz. That the LordP>y- ron, and all Nahmen, Commanders, and Officers and Souldiers Jbould depart the Town in all their apparel whatfeever; The Lord Byron with Horfe and Arms, and ten men alike acùomplifhed to attend him; his Lady and[ervants With Coaches, in each four Horfes, with ftsch other Ladies and Gentlewomen as he thinks fit, and With his Bookes, Evidences and Writings in his poffejfion; and all of them with not above forty pound in Money,land twenty pound in cPlate; the reft of the Noblemen with their Ladies anfwerahle to their honour, with not above thirty pound in money, and fo every one in their degrees to the Common Souldics, who were to march away with twenty fhillings each: Nor were the Conditions for the Citizens lefs reafonable, which were the eafier condcfcended toby Sir William Brereton, though he knew their diftrefs,becaufe ofthedefire he had not to force the City,the chief of his County, and of which he hoped fas I faid before) to be Governour. Whileft Chefier is thus in the North-weft taken by the Parliament, Fairfaxes fuccefs are famous in the Weft, where having firft feared the Cavaliers from their Siege at Plimouth; he thence advances to Dartmouth, a Sea-Port-Town, well fortified, and kept by Sir William Pollard for the King; yet immediately afcer his coming before it, takes the Town by ftorm, and few dayes after had the Caftle lurrendred unto him by the Governour t In the whole Garrifons were taken one hundred B b « and »77 I 645, .1 178 rwn 1 Tike Civil Warret and three pieces of Ordinance, and eight hundred PiifonerS; the Governour £ . - the Earl of Newport, Colonel Seamour, and others of note. This fervice made * the Parliament Vote their General into pofleffion of the two thoufand five hun- dred pounds per annum-, formerly ordered him; which the better to deferve of them, he haftens from thence to Ponthrane Fort (lately furrendred ) nigh Exceter,*nd fummons Sir John Barkley Governor of this City to a furrendry,of¬ fering large conditions both to himlelf, the Citizens, Officers and Souldiers; but Sir John returns anfwer; VThat his truft was delivered to him from his Majefty, which he would dif- " charge to his power. That they had no reafon to dillruft a bleffing from God '' in delivering that Garrifon, who was able to deliver them, and might be fo '' pleafed without a miracle, the Prince having fo confiderable a force at fo ''near a diftance to them; that if allaftionsof their lives were as innocent as "their hands of the bloud that had and fhould be fpilt in their righteous « caufe, they fhould in all events reft in perfeft peace of mind, and not de- " fpair, &c. To this Fairfax replies, endevouring by arguments to perfwade them to Surrender, but finding it vain, he prefently makes two Bridges over the Ex, and furrounds the City on all fides, which done, he leaves with Sir Hardrefs Wal¬ ler fufficient Forces to maintain the Siege, whileft himfelf with the reft of his Army moves to find out the Princes Army, which he had left under the Com¬ mand of the Lord Hopton, whileft himfelf was gone into Cornwall toraifethe Train-Bands of that County. At Torrington Fairfax finds the Lord Hopton , his Forces drawn up in feveral Clofes, where they full skirmifhed with courage on both fides, till both retired; at length the Forlorn-hopes of both Armies en¬ gaged, that of the Parliaments with itsReferve being firft beaten back to the main Body of the Army,which advancin°,the Fight began about eight a clock ac night,nigh the Town, to which the Cavaliers recreated,and there maintained the charge fo refolutely,that had not Fairfaxes Souldiers been heartened with frelh fupplies they had given it utterly over; but the other or-powered by their freffi numbers, gave back, whereby the Enemy gained the 1 own; which being entred into, the Magazine in the great Church was fired by a train, anddeftroyed Fair¬ fax more men then he had loft in the battel, for there was no lefs then eighty barrels of Powder; upon the firing of the Magazine Sir JohnDigby taking ad¬ vantage of the Enemies amazement gave a refolute charge, in which he did fome execution, and fo fell off and marched with the reft away into Corn¬ wall> whither Fairfax following them , forces them again in diforder to quit Lemifione; whereupon the Prince marching away towards Pettdennù Caftle, ac- companyed with the Lord Capel, the Lord Culpepper, and Sir Edward Hide takes Shipping on the firft of March, and arrives fafely at Scilly, the Lord Hopton foon after finding it in vain to make refiftance with his broken Army, being fummoned by Fairfax to disband, confents to it upon very honorable Con¬ ditions ; but having feen experiments how ill Articles had been obferved, and being hkewifefenfible of the ill effe61s of the Propofitions of Peace; he chofe rather then to go to Oxford (whither by Articles he mighc have been convoyed by fifty of his own,and fifty of the Parliaments Horfe) to tranfporc himfelf to Franee. CHAP. of Great Britain and Ireland. Chap. LXXIV. This years Succefes of Montrofs in Scotland* MOntrcfs after his vi&ory over the £,'amp-bells in the Highlands-, having fome few dayes refreflhed his men, marches Weftward to Loughnefs, in his way viewing Harwick.-, Arnes and Marne, and fo palling the River Spey, comes to¬ wards Elginthe chief Town of Murray, where a party of the Enemy were gather¬ ed together, but upon the very rumor of his approach difperfèd themfelves,fohe had that Town furrendred unto him,whither the Lord CoWc», eldeft fon to the Marquefs Huntley, before detained by his Uncle Argjle again!! his will, now comes and fubmits himfelf (with a fmall but choice company of his friends and followers) to Montrofs asthe Kings Vicegerent, by whom he is received with all poffible refpeòf f and after upon proof of his valour, wifdom and fidelity, received into his intire friendfhip ; from hence the Marquefs marching off to &amgb and Aberdeene, having compleated his Army to two thoufand Foot and two hundred Horfe, palling the River Dee-» encamps at Ftttercame > near which place at Brechen lay Sir John Hurrey, General of the Horfe to the Covenanters, with fome forces, who immediately draws out fix hundred Horfe to take a view of UWontroffes Army, Who to draw him on, makes fhow but of his two hundred Horfe, whom according to his ufual manner he had lined with flout and nimble Mufquetiers: Hurrey provoked by fo fmall a number, begins the charge, but efpying the Foot, wheels about and retreats, himfelf with much courage bring¬ ing up the Rear, which waspurfued by CMontrcffcs men almoft as far as Dundee, (four and twenty miles) for fo far they fled without flop. Being returned to Fe- thercarne, Montroffe advances to Brechin, and fo by Grainsbaine over the River Taj, intending for the Forth: This defign was known to the Enemy, and there¬ fore Hurrey having joyned with Bayly, an experienced Souldier fetched from England to Command the Covenanters, make onwards to flop him. The Mar¬ quefs notwithftanding the greatnefs of their power bids them battel, but the others declined ic, whereupon he Marches to Caffle Incegarity and Eliot, and pitches his Camp on one fide the River Jfie, whileftZ'^j/yheson the other; fo that neither could pafs the River without giving advantage. CMontrofs therefore fends a Trumpet to Bayly, proffering either to pafs the River and fight him, or ro give him liberty to pafs, fo he would engage to come to a battel; but Bayly would not be taught when to fight. Thus they lay facing One another for fome dayes without any hoflile attempts , when CHontrofs marches off to Dunhell, hoping to pafs the Tay-, where he was almoft ruined by the unexpe&ed revolt of Lewis Gourdon (a younger fon of Huntley's) who had been on the Covenanters fide at the battel of Aberdeene, and had lately by mediation of his Brother the Lord Gordon been received into favour ) who inticed either by true or counterfeit Letters from old Huntley his Father, tempted almoft all the Gourdons withouc the knowledge of his Brother, and with them bafely deferred Montrofs and his Brother, when they were now heady to be engaged by the Enemy: the Marquefs therefore diverts his intended journey over Tay-, and fending his weakeft and worft armed men along the bottom of the Bills to Brechen-, himfelf with the one hundred and fifty Horfe left, and fix hundred nimble Mufquetiers marches after about twelve a clock at night, and with an unimaginable hafte arrives at Dundee at ten a clock the next morning, being the fourth of April: This Town hefummons, but they in ftead of returning anfwer, commit the Trumpet to pri- fon, whereupon he ftorms them in three places, beat them out of their Sconces, poflefled their Ordinance and curned them againft the Town, whileft others beat B b 2 open »79 1645. i8o rwn i 645. l/Y\J The Civil Wanes open the Gates and pofiefs themfelves of the Church and Market-place , feitiTig the Town on Hre in ieveral places, andhadbu.ned itwhohy, had not ionrie of the Souldiers been addiòfed to plunder, which wbileR they were bulie about it, comes Mcntrofes Scouts, and bring him word that Bayly and Hurrey with at leaft three thoufand Foot and eight hundred Horfe were lcarce a mile off, whereupon he makes halte to call his men out of the Town, but before he could gee them into a Body the Enemy was come within Mufquet fhot; infomuch that many perfwaded Montrofs to fhiftfor himi'elf with what Horfe he had, judging it impoflible that ever he fhould bring off his Foot; but Montrofs would neither del'perately hazard (as fome would have had him) nor yet de- fert his good ol Souldiers; he therefore fends before four hundred Foot, com¬ manding them to make all pofhble fpeed they could without breaking their Ranks. Then appoints he two hundred of the ableR to follow them, himfelf with his Horfe bringing up the Rear, for he believed that the Enemies Foot would ve¬ ry hardly overtake them,and counted it not fo much danger, if with their Horfe alone they fhould charge him, which he hardly believed they would adventure to do, belides the drawing on of the night mighc facilitate his-retreat, and fo it did •, for though their Horfe skirmifhed with his Rear, yet with the help of his Mufquetieis lining his Cavalry, he eafily repulfed them, or at lead ffoutly refilled them, till by the favour of the night they were parted , when about the dead of the night being Rill purfued,and the paffes of the Mountains over Grains- baine, by which the Enemy gueffed the Marquefs would go, poffefled by Horfe- guards, he not being far from Aber-droth, and warily conhdering that the fcne- my had (as indeed they had) poffefled thofe Straits,makes a Rand lor a while, and then commands his men to march South-well, by which mems he beguiled his purfuers,who in the night pafled by him,and he the next morning turning North¬ ward by south-eaff, not far from C, -efion Caflle, and fo to Brechin, where he found that thofe men whom he had lent before,hearing of his dilirefs had retired into the Mountains, whom he follows, being purfued by the Enemy as far as Gle- nesk.e. This was the famous and fo much talked of Expedition of "Dundee, in which he paffed through fuch hardfhip and labours, as if all reporred would certainly leemincredible: having here loinecime refrelbed over-wearyedSouldiers, he fends the Lord Gourdun, and thofe of his friends, who Rill continued faithful, to work upon his Brother and the other fugitives, and to gather new Recruits, whilett himfelf with live hundred Foot, and fifty Horfe, marches through Angm, into Perth/hire to c illraft the Enemy,till his Army was reinforcedffor Hurrey was gone with hx hundred Foot, and two hundred Horie, to endeavour a fuppreflion of the Lord Gourdon, and Baylj remained at Perth in the heart of the Countrey to attend all motions, Alontrofs quartering at Kreife, a fmall Village, within twelve miles of Perth, very fecurely. Bayly with his whole Army lets out at rwtlve a clock at night, hoping to furprize him; but the vigilant Marquefs was ready in a poRure either to march or fight, and with his Horfe was advanced to difcover the number and Rrength of the Enemy, whom finding toofirong for him, for they were two thoufand Foot and five hundred Horfe,he commands his men to march fpeedily away and poflel's the Fords of the River Erne, whileR he with thofe few Horfe he had made good the Rear, UR his Foot fhould have been trodden down by the Enemies Cavalry, whom he valiantly repulfed, till his Foot after fix miles march had made themfelves Maliers of the Pailes over Erne: fo the Ene¬ my having loR their labour, retreated; and the Marquels quartered that night at Lougherne,znà thence removed to BalVceer, whe;e he was met by the Earl of Al¬ berne, another fon of Huntley's, with others who had efcaped out of Carlißc the ■ i8.ofy^n/.Thence he removes toLogh-Catrines, where having intelligence thac Hurrey had raifed great Forces,and was upon engaging with the young Lord Gour¬ don-> he makes fpeed to oppofe him, and palfing by Balwider through Athol and Angin, and over Grain!baine, by long marches joyns with Gourdon (who had now one 1 0 182 The Civiìi Wanes % This battel was fought at Alàerne the fourth of May , from hence Montrofs 1645. marched to Elgine, and paffing over the Spey-> comes at length to Strathboggy., where he meets with Bayly ; but not being yet fitted to fight againft freffi men, he paffes in the night to Balvoine, and, fo along to Bodenoth, the Enemy liill pur- fuing and skirmifhing with his Rear? till they turned oft tolnnernefsj the Earl of Lindfey the prime Ring-leader of the Covenanters next Argyle> had now taken upon him the Command of their Armies, and was pafled over into aAngus-, in¬ tending to be a Referve unto Bayly, or at leaft to hinder Montroffes paffing over the Forth, and carrying the Warnigher Edenburgh; him Montrofs refolves firft to quell, and to that purpofe marches through the Plaines of Marre over Grdines- baine-) and fo comes by long journeys to the Coaft of the River Airley-, hoping to furprize his Enemy* when being now come to Caftle NewtiU> within feven miles ofhis Enemy, then the Northern men deferted him, and run all home again, in¬ veigled by Huntly, out of envy to Montrojfes his glorious Succefles ,• this dyf- afterfpoil'd his defigne againft Lindfeyi and made hirn rake new refolutions to Colonel Nathaniel Gourdon, whom he had fent before into the North, when by this time Bayly and tiurrey had returned from lnnemtfs, and were quartered in lower Marre by the fide of Dee, Montrofs paffes into (fromarrt, and in his way fends Mac-donald with a party into the furtheft High-lands to condutì fuch Forces as were there raifed to the Army, and the Lord Gourdon to Nathaniel Gourdon, for thofe men by him lifted. In the mean time Lindfey joyns with Bay¬ ly in lower Marre, for whom together Alonirofs judging himfelf too weak, gets to Kingarfe Caftle at the Foot of the Mountains, whence the Earl of Aboine (who had been brought again to the Army by his Brother the Lord Gourdon) falling fick, departed to Strathbogy, drawing with him a confiderable number of Horfe, whom his Brother the Lord Gourdon had much ado to bring back to their Colours. Whileft both Parties thus lay ftill, Lindfey exchanges with Bayly one thoufand raw new raifed Souldiers for one thoufand old ones, as if he meant to do fome great exploit, but all he did, was ranging up and down Athol, fpoiling and burning the Countrey j Bayly with his Army [lays Siege to Btgi Caftle, a fair Houfe of the Huntley's: this Montrofs refolves to relieve, and fo marches towards him, when his Scouts bring him word that Bayly's Foot ftood on the top of a Hill two miles off him', and that his Horfe had poffefl'ed themfelves of a narrow pafs almoft in the mid-way, which pafs Montrofs at¬ tempts in vain, and therefore the next day fends a Trumpet to Bayly to offer battel, who anfwers, that he would not receive orders to fight from an Enemy : and the Marquefs perceiving that he could not without apparent lofs regain that Pafs from the Enemy,to draw him off thence, he marches to Pilourge, and fo to Drummore, a Caftle of the Lord Forbefes, where he ftayes, till having underftood that the Enemy had quitted the Paffes, and was gone towards Strathbogy, he ad¬ vances after him to Alford; when Bayly underftanding that Mac-donald with a great part of Montroffes Army was ablent in the High-lands, voluntarily purfues him to Alford-hill, which Montrofs having poffefled, ftands his Enemy,the place being fomewhat advantagious by reafon of a Moorilh ground behind him, which would prevent the falling in of Horfe in his Rear; hither Bayly havmg purfued him; but it feems more neceftitated to it by the rafhnefs of Colonel Dalcarife, a Colonel of Horfe, who had fo far engaged his Regiment, that it could not be brought off without a battel,then by any inclination of his own, who was a wary and experienced Souldier; but now being come on,fight he muft; for Montrofs was ready, having given the Command ofhis right wing, on which fide the Enemies Horfe were moft ftrong to the Lord Gourdon; that of the left win® to the Earl of Albonie, and Sir William Rollockj, themain Battel commanded by G Ungar and Drummond of Ball the younger,and George Graham Mafter of the Camp,and a Re¬ ferve under the Command of young Napier lay hid behind the Hill. Thus they ftood for a while facing the Eenemy, who was drawn up below, and thought it not fafe to charge up the Hill, Montrofs therefore draws down to them, and g :> ; - •* >■ • 7 òf Great Britain and Ireland. 185 • the Lord Gourdon gallantly gives the firft charge, which was as bravely received fVA^ by the Enemy, fo that both parties came to handy ftrokes, till Colonel Nathaniel 164t; Gourdon called to the Fire-locks, who now as ufually lined the Horfie* (feme on my felloVf Souldiers, layes he, throve do^onjour noVo ufelefs Guns, draVo your SVeords and fieath them in the Rebels Horfe, and ham-ßring them, which they inliantly did; and Montrofs at the fame time drawing down the Lord Ifapiers Referve, fo difcou- raged the Enemy, that they immediately fled ; Albonie with the left wing did not attempt the Enemy but by light skirmifhes in fmall parties; but they when they faw their own men on the left wing routed, and put to flight, made their re¬ treat with little lofs, their Foot being deferred by their Hörle, after they had a while flood it out defperately were mofl of them cut off. The Lord Gourdon ea¬ gerly purfuing the thickeff of his flying Enemies received a {"hot through the body, of which he immediately fell down dead; but befides the lofs of this mofl noble Lord, the lofs on Montrotfes fide was very little, two Gentlemen, CW- chol and Milton-, and fome common Souldiers (lain. This battel was won on the fecond of fuly, and from hence Montrofs immedi¬ ately marches through Angus-, (having firtt lent away the Earl of Abonie, who fuc- ceeded his deceafed Brother, into Buchanfhire for to raile frefih fupplyes, who foon returned, but with no great ffore of men) where he met with his Couhn Pa- trick^Graham with his Athol-men,&c Mac-donald with good floreof High-landers, there came likewife in to fiimMaelcin with the chief of his Sept and friends,co the number of feven hundred; the Mac-Renoldsmzh feven hundred more, the Mac- Gregories and Mac-Nabies with theirfriends, and Glengar with five hundred more came likewife to him out of Marre, and one hundred able men from Badenoth,fo f - reinforced with this Army, he refolves to march into the heart of the Countrey, and vifit the Parliament at St. Johnfions, and to that end encamps at Methfin Fo'-/ reft neer the Town, extreamly frighting the Parliament, who thought he dürft not have adventured fo far; and to put them into greater fear, he amazes them from the wals with a great fhowofHorfe, but for the mofl part compofed of Pack-faddle and Drought-jades, not having many above two hundred good Horfe: The Enemy therefore draw together all the force they could make, and the Auxiliaries from the Fife, being come, provoked him to battel ; but he not being in a readinefs, flaying for Supplies from the North, drew off, fome light skirmifhes only happening, in which CWontroßes High-landers had the better of the Enemies Horfe: At length comes eAbonie, who had been fent again with Colonel Nathaniel Gourdon, and brought two hundred Horfe, and fix fcore Fire¬ locks,whom they had mounted for Dragoons; amongft thefe was the old Earl of Airly, and his fon Sir David with fourfcore Horfe of the Ogilbyts; with thefe Re¬ cruits Montrofs advances, and at length encamps in Kilfithe-field neer Sterling, the Enemy following him three miles off, under the Command of Bajly, with whom Montrofs muft now either fight upon difadvantage, or flay , expefting his ruinetill Z,1 a ?\; L; i !; iy. PI!;' I Mfl ; Sil -i Ett'S I j;f ) J The Civill fVdrres with the King into the Scots Quarters, fhould be fent for as Delinquents by the Sergeant at Armes, and that the Convmiflioners of the Parliament i cfi- ding before Newark^, (hall make a Narrative of the Kings coming thither, andprefentittotheHoufej But thefe Votes werefcarce paft, wnencomes a Letter from the General and Commiflioners of the Scotifii Army, to the Committee of both Kingdoms, to be communicated to the Parliament, ac¬ quainting them, That the Earnejl defire they had to k?ep a right underfiandtng between the two Kingdoms moves to acquaint them with that fir ange providence wherewith they were furprized, together with their carriage and defires thereupon That the King came yefierday into their Army in fo private a way, rhat after they had made fome fearch for him upon the furmizes of [owe perfons who pretended to know his face, yet they could not find him in fundry ho1 fes } That they believed their Lordfiiips wouldthinkjt was matter of much afiowfliment to them, feeing they did not expefi him to come into any place under their power} 7 hey conceived it not fit to enquire into the Caufes,but to endeavour that bis being here might be improved for procuring the work^of Vniformity , for (etling Religion and attaining«} peace according to the League and Covenant, and Treaty, by the advice of the Parliaments of both Kingdoms and their Cotumiffioncrs authorized for that (ffeft } That trailing to their integrity they were perfwaded that none would fo far mifconjier them, as that they intended to make ufe of this feeming advantage , jfor promoting any other ends than were exprcjfid in the Covenant, and had hitherto been pnrfued by them •with no lefs Confciencethen Care } That for further fatisfaäion they did ingenuoufiy declare, That there had been no Treaty nor Capitulation betwixt His ftlajefty and. them, nor any in their names } but that they left the wayes and means of peace to the Parliaments of both Kingdoms, And fo far as concerned them as they had a witneffe in heaven, they were confident to make it appear, That there was nothing more in their defires then in all their refolutions and proceedings to adhere to the Covenant and Treaty } 7 hat their gravefi thoughts fhould be taken up in Undying , and their utmoji abilities imployed in aBing tho fe things which mofi advanced the publik?good and Common happinefjeofboth Kingdoms, wherein by the help of God they ßould labour to ufe fo much tenderneffe and care, that they hope it fitall foon appear,their adions were the refult of honeji and fingle intentions } That they could not in a mat¬ ter of fo deep confequence and common interefibut feekjtheir Lordfhips advice; for which (JfcÜ they hadalfo written to the Committee of Affaires in Scotland with intentions to move joynt confents and refolutions, that after a feed-time of aßiBiom, we might reap the fweet fruits of Truth and peace. This was the Account gi¬ ven by Leven the General, and the Commiflioners in the Armv to the Com¬ mittee of both Kingdoms at IFeftminfier. In the mean time N war^ which had been for a long time valiantly defended by the Lord Bellafis both againft the Scots and Englifh Forces , and had made many fortunate (allies upon the Befiegers, was upon the fourth of May , the day before the King came unto the Scots Camp, began to treat, and on the ninth was agreed to be furrendred upon Condition, That the Gan ifon, with all the Ordinance, Armes and Ammunition fhould be delivered up totheCom- miflioners for the Parliament of England, That the Lord Bellafu Governor, with all Officers, Gentlemen, and Clergy, to march away with their Horfes and Swords unto any Gari ifon of the Kings not befieged, or to their own Houfes } the Souldiers to have Staves in their Hands, and their own Goods, and all of them to have three Months time to make their peace with the Parliament} or that failing, to be allowed Paffes to go beyond Sea. About this time alfo was Banbury Caftle alfo furr endred} and not long after Carnar¬ von Town and Caftle delivered up upon Articles by the Lord Bjron,iwi the Scots having conveyed the King from Southwell to Rewcafile, theie to trade for him, his Majefty on the tenth of lune publiffied an Order to Sir Thomas Glenham, Sir ThomasT'dfely, Collonel Wafhington , and Colionel blague9Go- vernours of Oxford, IVorcejler, Litchfield, and Walhngford, and to all other Commanders of any Towns, Caftles, or Forts within the Kingdom off land mm % Nit of Cjreat Britain andlvtizni. land, and Dominion of Wales, wherein having given them an account of his Refolutions to comply with the Dehrns of his Parliament in every thin." that might be for the good of his Subjefts, and leave no means utiat- tempted lor the removing of Differences betwixt them; he had therefore thought, the more to evidence the reality ofhis Intentions for fetling of a happy Peace, to require them upon honourable Conditions to quit the Towns and Forts intrufted to them by his Majefty, and to disband all the Forces under their feveral Commands ; But before this Order of the Kings, the Governor and Lords at Oxford had come to a Treaty, to be¬ gin at Heding on the feventeenth of May, between Sir lohnMmnfon, S'wTohn Heyden) Sir Thomas Gardner, Sir George Binion, Sir Richard Willis, Sir Stephen Han-kjns, Collonel Gofvoll, Collonel Tillier, Doftor Z'mch, Thomas Chriftyj lohn Dutton, Ieffry Paimer, and Robert Meod Efquires, for the befieged; and l ieutenant General Hammonds Commiffary General Ireton, Collonel Lam¬ berts Collonel Richs Scout-mailer General Watfon, Major Vesborough, Major Harrifon, Mr. Herbert, and Mr. Wallers for the Parliament. And after a te¬ dious Treaty, continued to the 25th. of lune, without any Ceffation of Armes, when it was delivered upon Conditions Efficiently honourable, had tuey been as honourably performed 5 The whole number of theGar- riion was fuppofed to amount to feven thoufand Souldiers and Scholars in pay, who all marched out ; but many of the Nobility and Gentry had leave to tarry for Paffes; the Chief ofwhom were the Duke of Tories the Princes Rupert and Maurices the Earles of Vorfet, Hertford, and Southampton, the Lords Cottington , Lane , Dunfmore, Secretary Nicholas, and others. The Duke of Torì^ was conveyed to London, and at Saint d/wies committed with the reft of the Royal Children to the tuition and care of the Earl of Nor¬ thumberland and his Lady. The two Princes, Rupert and Maurice,had Paf¬ fes granted them to go beyond Se a, but before their departure, by the Parliaments leave,had a Vifit thruft upon them by their Brother the Prince Lleftor, all this time fiding with the Parliament; which they received with fcorn. Two daies after the furrendry all the Seals of Efface were fent up from the General to the Two Houfes at Weftminfter, to wit, the Great Seal of ENGLAND, carried by the Lord Keeper Littleton to the King in the year 1642. the Privy Seal Signet, Kings Bench, Ex¬ chequer , Court of Wards, Admiraltie, and Navy Seals, together with the Sword ; the Seals were immediately voted to be broken in pieces; which was accordingly performed by a Smith in the Houfe ofLords, the Commons handing by,and the broken Silver given in reward to the twp Speakers, but the Sword was laid upfafe in the Wardrobe. All other Gar- rifons were fooij after furrendred according to the Kings order, Ragland Caftle being the laft held out in Engländer Wales, which the old Marquefs of Worcester a man offourfcore and four years of Age, had the honour to deliver up upon good Conditions, when the King had neither Field Army, norGarrifon befides it in England. Thus in the Compaffe of one year, or little more, was the Kings forces wholly reduced, and himfeifa Prifoner, or little better, in theScotiflj Army; who though according to his Maje- fties Letter to Ormond had promifed fecurity both to him and thofe of his Friends that Ihouldcome in unto him, yet denyed it both in word, as ap¬ pears by their Letter to the Committee of both Kingdoms, and in aft, as will appear by their delivering him up to the Englifh Parliament and Army. l$9 I 6 A? 6' '4 k. CHAP. •F 190 The Chill iVarres CHAP. LXXV. f 'j Treaty with the Scots for deli'very of the Kings per foil to the (Parliament: They fell him for Zooooo I. THe Scots having got the King into their hands» their General L>fley fim- mediately after their drawing off'from Newark^ after its funendry ) notwithftanding the Vote of the Parliament for fending the Kingto^r- wicl^ Caftle, conveying his Majefty from thence to N wcaflle in tuch hafte, that on the Bth- of May by his Majefties Meflage to the two Houfes for a fpeedy peace and accomodation, we. find him at Southwell, and on the ioth. of the fame month, by two Meflages to the Houfes and the City of London, at Newcaflle, thither had Lefley with fuch fpeed conveyed him, a place more remote from London, and lefle diftant from Scotland, and fo more convenient for him both to raife the price of fo rich a Comodity, and likewife to bring the King to his lure, by forcing him to underwrite thofeOiders to the Governors of his Garrifons ftill holding out, for their furrendry, to Ormond not to proceed in treating with the Irifh Rebels, but efpecially to Montreal' to disband in Scotland, things which the King him- felf enclined to, as knowing them to lie in the way to that happy peace which he had fo long wifhed, and ftill hoped for; The King being then here» theie Propofitions ( formerly prornifed to be fent unto him to Oxford, but delayed by reafon of fome differences between the Commiilioners forScot- land, and the Parliament, which the firft would have had the fame with thofe debated at Vxbridge, whilft the other preffed fome neceflary amend¬ ments ) were on the i Ith. of July concluded on, and by the Earl ofPrwi- Iroke and Montgomery, the Earl of Spffjlf, Mr. Goodwin, Sir John Hippefley, Mr. Robinfon, Sir Walter Earl, fent to the King with them; but they werefo high both in relation to his Rights and Prerogatives, in matters of Religion, and likewife in relation to che lad condition wherein he fhou Id involve hi? friends by granting them, and the Commiflioners likewife having no power to treat, but only to defire a pofitive Anfwer in ten dayes. his Majefty on the i.ofAugutt, fent this Meflage to the Parliament about them. C. K. THe Propofitions tendered to his Majefty by the Commiflioners, &c. ( to which the Houfes of Parliament have taken twice fo many months for deliberation, as they have aftigned dayes for his Majefties Anfwer ) do import fo great alterations of Government both in Church and State, a*' it is very difficult to return a particular and pofitive Anfwer, beforea full debate, wherein thofe Propofitions, and the neceflary explanation-, true fenfe and I eafons thereof be rightly weighed and underftood, and that his Majefty upon the full view of the whole Propofitions, may know what is left, as well as what is taken away or changed. In all which he findes (upon difcourfe with the faid Commiflioners) that they are fo bound up from any capacity, either to give realons for the Demands they bring, or to gne ear to fuch defires as his Majefty is to propound, as it is impoffible for him to give fuch a prefent Judgement of, and Anfwer to thefe Propofitions, where¬ by he can Anfwer to God, that a fate and well-grounded peace will enfue, (which is evident to all the world can never be, unlefle the juft power ofthe Crown, as well as the freedom and propriety of the Subjeft, with the juft liberty and privileges of the Parliament, be likewife fetled ) to which end his Majefty defires and propofes to come to London, or any of his houfes Thereabout upon the publick Faith, and fecurity of the two Houfes of Parli¬ ament I64-6. " of Cjrcat Britain and Ireland. 191 aracnt, and the Scots Commilfioners, that he fhall be there with freedom, f\A/1 honour and fafety, where by Iiis perfonal prefence he may not only raife a j £ mucual confidence between him and his people, but alto have thofe doubts cleared, and thefe difficulties explained unto him, which he now conceives to be deftruftive to his juft legal power, if he fhould give a full content to thete Propolitions as they now ftand. Aslikewife,that he may make known to themfuch his reafonable Demands, as he is mod affured w ill be very much conducible to that peace, which all good men defire and pray for, by the fetling of Religion, the juft privileges of Parliament, with the free¬ dom and propriety of the Subjeft. And his Majeftie affures them, that as he can never condefcend unto what is abfolutely deftruftive unto that juft power, which by the Laws of God and the Land he is born unto, fo he will chea! fully grant and give his affent unto all fuch Bills, at the defire of his two Hi uife-, or reatonable Demands for Scotland, which fhall be really for the good and peace ofnis people, not having regard to his own particular (much lefieany bodies eliej in refpeft to the happineffe of thefe Kingdoms. Wherefore hi- Majeftie conjures them as Chriftians, as Subjefts, and as men who defire to leave a good name behind them, that they will fo receive and make ufe of this Anfwer, that all iffues of blood may be flopped, and thefe unhappy diftra&ions peaceably fetled. And for Poftfcript he fub- joyns, That upon affuance of a happy agreement, his Majeftie would imme¬ diately fend for the Prince his Son, ablolutely expefting his perfeft Obedi¬ ence to return into this Kingdom. Yet notwithftanding this full and com- pleat Anfwer, both the Commiflioners for the Parliament of England, and theScofr General affembly, by a large Petition and Remonftiance, urge the King to the figning of thofe Propofitions abfolutely. What the fubftance of the Affembly Remonftrance was, we may in fome part fee by the Kings anf¬ wer, wherein he tells them, That upon perufal of the Petition, he required to fee the Commiffion by which the Mefiengers that brought, or thePer- fons who lent him were qualified, to intermeddle in affairs fo forein to their Jurifdiftion, and of fo great concernment to this Kingdom. That upon examination of it, (and in defence of the Laws and Government of Jngland ) he mnft profeffe that the Scots Petitioners, or the General affem¬ bly of the Church of Scotland, have not the leaft power or authority to in¬ termeddle in the affairs of this Kingdom or Church, which are letled and eftablilhed by the proper Laws of this Land, and till they be altered by the fame competent power, could not be revived again, without a due fence of him and this Nation ; much leffe could they prefent any advice to the Parliament here, or fend any Letters as they had done to any Minifter of the Church, who could not by the Laws of the Land correfpond againft the fame. That as for uniformity in Church" Government, he conceived the Anfwer formerly given to their former Petition in this Argumentwas fufficient, to wit,That the Government here eßablifliedby Laws hadfo near a re¬ lation and intermixture rvith the Civill State, (which might be unknown to the Pe¬ titioners') that till a compofed digeßed form could be prefented upon a free debate of both Houfes,in a Parliamentary way, whereby the confent of the whole Kingdom might be had, and hit Mijeßy and all his Subfcfts difcern what was to be left in, or brought in as well as what to be taken away, he kitexv not how to confent to any al¬ teration, otherwifc then to fuch an AH for theeafe of tender Consciences, in the matter of C re monies, as he had often offered. 1 hat he fiould not now fpeak of ma¬ ny Bills off red to him for Reformation, they being a part of thofe Articles upon which he had eff red and expetted to treat. But he could not but wonder by what authority they prejudiced his Judgement, by denouncing Gods anger upon him, and his buzzard of the h£e of the hearts of his Subjeds, if he confented not, &c. But notwithftanding thefe and other Reafons which his Majefty gave, the Scots ftili t ge him to gn the Propofitions: To induce him to which, the Chan, celior urging force againft reafon, in a Speech tells him, fhat the confequence of 190 7 he Civill ffldrres s~\ °f his Maßfties Anfwer to the Propofitions was as sir eat as the mine or pr'efervation of £ his Crown or Kingdoms', That by the Differences between him and the Parliament they had after fo many bloody Battels got the ßrong Holds and Forts of the King* ^ dorn into their hands ; That they had his Majefties Revenue, Excife, Affeffcments, Sequeflrations, and Power to raife all the Men and M«ny in the Kingdom-, That they had gained ViVtory overall, had a ßrong Army to maintain it, fothat they might do what they would with Church or State-, That fome were fo afraid, and others fo unwilling to fulmit to his Government, That they defwed neither him nor any of his T^ace longer to reign over them : But that the People were ft wearied with IVarre, and fo loath to have Monarchical Government defiroy- td, that they dürft not attempt t-o caß it off totally, till they fent Proportions s of Peace to his Mafefly, leß the People ( without whom they were not able to carry on the JVarre) fhould fall off from them ; That therefore they were refolved to offer them to his Majeßy, as that without which the Kingdom and his people could not be in fafety-, That if he refufed to affent, hi would lofe all his friends in Parliament, lofe the City and Country That all England would joy» againft him as one man to procefs and depofe him, and fet up another Government; That they would charge them to deliver tip his Majeßy, to render their Garrifons, and to remove their Armies out of England ; Thatfo both Kingdoms for eitbers fafety, might agree to fettle Religion and Peace without him, to the ruine of his Ma¬ jeßy and his Poflerity ; fkat if he left England, he would not be admitted to come and reign in Scotland; That he confeß'ed the Propofitions were higher in fome things than they approved of, but they faw no other means for him to clofe with his Parliament. Yet thefe down-right threats prevailed nothing with hisMa- jefty, who chofe rather to hazard the lofle of his Kingdoms, than that of his Honour, Soul and Confcience, all which he muft forfeit by figning thefe Propofitions as they were, break his Coronation Oath , and as to the ruine of hLPofteiity, dohimfelf the fame which they threatned ; for by figning thofe Propofitions he muft neceftarily deprive them of their Rights as Kings of England, which was all the Others could do; and therefore hethought it a great deal more honourable to adventure the violent doing it by them, than to do it himfelf, and with it forfeit his own Honour and Confcience, as I faid before. There therefore remained nothing of difference, than what further miferies they might thow upon his Perfon, which he was re¬ folved willingly and patiently to undergo. During thefe paffages the great debate was in hand about the difpofing the Kings Perfon, the Parliament of England after ting, That the Kingdom of Scotland had no right of Joy ntex- ercife of Intereft in difpofing the Perfon of the King in the Kingdom of Eng¬ land-, and the Scots maintaining their right in difpofing of his Majeftie joynt- ly with them , as might be beft done for the fecurity and fafety ofboth Kingdoms; till which be afTiired to them, they were refolved not to part from the King; the Earl ofL oudtun in fever al Speeches before the Houle of Commons, protefting ftrongly againft the delivery of the Kings Perfon into their Power, alleging what an eternal infamy would lye upon them and the whole Nation if they ftiould do it: but it was fuppofcd, that thofe Delays proceeded only out of a defire they had to raile the price of the Commodity as high as they could , for in the Aflembly of Scotland it was exprefly voted, That the King fhould not come thither; and therefore there was no other way left for them,but to fell him to the Englifh Parlia¬ ment, which ( when by their long expoftulations they had railed the Mar¬ ket as high as they could ) they at the length did, for two hundred thou¬ fand pound in ready mony, (and two hundred thoufand pound more to be fecured to them upon the publick faith of the Kingdom of England) which was to be paid unto them upon thefe terms. That the two hun- I died thoufand pounds fhould be told at Xork, and one hundred thoufand pounds paid at North-Aller ton within five daie, after it was told ; That at the coming of the mony to TfopcUfje, the Scots fhould give Hoftages,that they fhould rH »Arn of Cjreat Britain Ireland. fhould quit all their Quarter?, Pofleffions and Gari ifons to the South-fide ofTw, and ofNervcaJile and Unmonth, with all the Armes, &c. within ten dayes; upon which performance the Hoftages to be re-delivered. That up¬ on -the delivery of the Garrifons on the South-fide of line and Newcaftle, linmoutk, &c. The Kingdom of Scotland fliould have Hoftages upon re¬ delivery of theirs , for afiuraqce that the other one hundred rhoufand pound {hould be paid on the North-fide of Newcaftle , within a mile of the works, within eight daies after the quitting of Nerve aßle, Thmouth^icc. and all the Forces to be drawn on the North-fide of7w. That upon the payment of the hundred thou fand pounds on the North-fide of Newcaßle, the Englifh Hoftages fhould be re-delivered; That upon the comming of the mony out of Newcajlle, Hoftages fhould be delivered to the Englifh. That their Army do march out of the Kingdom, Barwic]^ , Carliße, and the Gar¬ rifons flighted within ten dayes after payment; and then the Hoftages to be reftored back. The King hearing of thefe paflages, and knowing him- felf fo highly concerned ; Again by his Meflage to the Houfes defires aperfonal Treaty, but they were fo bufied to get him into their hands, that they had not leafure to return him an Anfwer, for the mony for pay¬ ment of the Scots having beenraifed out of the fales ofChurch-lands, and got ready by the 8th. of December, fent down and paid the Scots, now ready to depart, the Parliament were very bufie about debating how to difpofe of the King , who though he was not mentioned to be delivered by the Articles for payment of the two hundred thpufand pound's , yet was the Chief thing aimed at; but before the Scots would part with, him they ap¬ pointed a choyce Committee of their own, confifting of Lothian and o- thers, who once more preffed his M jefty to take the Covenant, and fign thePropofitions; but in vain: They thereforerefolved to take their leaves of him. And the Parliament, into whofe Power he was now to come, vo¬ ted, That he fhould be removed from Newcafile to Holmeby Houfe, with re- fpeft to the fafetyand prefervation of his Majefty, according to the Cove¬ nant; and that after his comming thither, he fhould be attended by fuch as they fhould appoint, and that when the Scots were removed out of Eng¬ land the Parliament would joyn with their Brethren of Scotland to per- fwade the King to pafs the Propofitions , which ifhe refufed to do, the Houfe would do nothing that might break the union of the two King¬ doms , but endeavour to preferve the fame. Yet before the King was de- liverd up to the Parliament Commiflioners, he put fome Quag ies to the Scots Commillioners at Ncwcaftle. It is ( faid his Majefty ) a received opini- that Engagements, Aft-, or Promifes of a reftrained Herfon, are neither on bft sM I valid nor obligatorie, How true or falfe this is 1 will not difpute, but I am Cure if 1 am not free, 1 am not fit to anfwer you, or any Propofitions, where¬ fore you fhould firft refolve me in what ftate I ftand ( as in relation to free¬ dom J before I can give you any further Anfwer, Q the reafon of this my Anfwer the Governour can beft refolve you ) but if you objeft the lofie oi Time, and the urgency of it, certainly in one refpeft it prefles none fo much as my felf, which makes me alfo think neceflary, that I be not tofeek what to do when this Garrifon fhall be furrendred up, to demand of you, in cafe I go into Scotland, if I fhould be there with honour, freedom and fafety?Or how? being re.-dy to give you a farther and more particular Anfwer foloon as you have refolved thefe Qu series. To this the Scots returned Anfwer,that to the firft, In what ftate his Majefty flood in relation to Freedom, The Par¬ liaments of both kingdoms had given fuch Orders and Direftions as they thought fit for the good and fafety of his Majefty to the General and Gover¬ nour. To the fecond,as to his going into Scotland, they humbly defired they might not now be put to give any anfwer.But if his Majefty fhould either de¬ ny or delay his AfTent to the Propofitions,they were in that cafe to reprefent to his Majefty the refolutions of the Parliament of England. To which his D d Majefty 193 I 6 4 6- rahllJS Ì ìN it • ■ J 7 ProteSic. J| - i5v 00» tr.evt .:f' , ll"f 'WiniW 'e Covenantjjijfy | V. tffbcingfiireofÌ: £ iflpfdto»;., \&]hCxC. , 'utilt, to ffffiif. rft Speaker, toldk^ . elt acquaintediii It Upon ÌilDtOÌ!. • mnthmm Unrwgdmny vhoBÌetiJdkf. khctoikM' U'jtawoti'J,- • kìtaliìoè this his good fe : menu )r Welling hi \ ed thit he mi;; t/ie Covenant: • is refilled, ei [ write for lew expieffeofhistrfl lontofAt»'« Girrifonofìii|| loners, who i to Dwhw^ :wbohaddee< jliisMaitl^ :t«; theft2, ■ Ànnj entiles tal here the Fftft , SirltoJj [rr■ trorfe^- sJi^'.l H 'aafi their'' opCjreat Britain and Ireland. thefe thirteen ( viz. Bifhop of London, Bifhop of Salisbury^ Bifhop of Peter¬ borough, Dr. Shelden Clerk of the Clofet, Dr. Marfh Dean of TorDr. San- derfon, Dr. Baily, Dr. Haywood, Dr. Beale, Dr. Fuller, Dr. Hamond, Dr. Tayhr) might be Cent to attend him as his Chaplains; his fir ft Letter received no Antwer, which he therefore (econds, and chen receives a Negative Anfwer, jhat ail thofe Chaplains were dif-ajftted to the eftablifloed Government of the Church, and had not tal^n the Covenant, but for others that had, his MajejHe might if he pleafed have fent to him j This denyal more aftii&ed the King then the (hortning of his allowance, which the Parliament, finding his Gardians fomewhat too expenfive, had done, though they had fo lately fhareda-. mongftthemfelves fuch vaft funis ofthepublick Revenue, remcmbringnow to gratifie one another for imagined loffes, and particularly to the five im¬ peached Members, and the Children of thofe of them that were decea- fed and others, bountifully diftributing large fums, viz. to Mr. TTenzil Holiu 5000 1. to Mr. William Strodes poor Kindred 5000 1, to Mr. Hampdens Children for hispppofingShipmoney 5000 1. to Mr. Seiden 50001. to the younger Children of Sir John Elyot 5000 1. and his eldeft Sons fine in the Court of Wards remitted, to Mr .Benjamin Valentine 5000 I. to Mr. Walter Long 5 001. to Sir Miles Hubbart 50001. to Sir Peter Hamands Succeffors(his eldeft Son a Member) 5000 1. to Mr. Vajfal for his lòffe of Trade, and da¬ mage about Cuftoms xooool. and to the Earl of Northumberland for his fufFeimgs 30000 1. whereof Iocoo 1. paid him in part, Alderman Chambers had hi> demand for 22000 1. damages and loffes committed; thus fhared they the Kingdoms Treafure, whilft his Majeftie was allowed what they plea ed out of his own, and their Armies mutinied tor want of their arrears, as particularly at Torl^, where the Garrifon Souldiers coming to Major General Poines his houfe, broke the Windows, crying out, money, money, money, and himfelfcoming out to pacific them,they (et their Pikes to his breft, and prefented their Mufquets, fwearing he thou Id be their Pritoner till their arrears were paid, and fo hurried him to the Mayor oiTorl^, whom another tumultuous Rabble had feized upon, and keeping them both Piifoners till the Committee had paid them off. This year on the 14. of September, died the Parliaments old General Effex, at Ißex-houfe in the Strand, he had for the moft part fince the laying down of his Commifli- on, retired from publique affairs; yet the Parliament not forgetting the fervice he had done them, gave five thoufand pounds to defray his Funeral charges, which were fumptuoufly folemnized on the 23. oWHober, the fame day on which he fought at Edgehill. But let us a little leave the King at Hoi- denby , and jarrs increafing in the Houfe of Commons betwixt the Presbyte¬ rian and Independant, the laft feconded by the Army, which we fhall find next year at a greater height. I9f ' Hi fl5,« CHAP. LXXVI. A Illation of the affairs in Ireland, fince the Ceffation in I64.3. THelr/jfr Rebels when the Ceffation of Armes was concluded at Singi~ fton, in the year 1643. were very defirous of a peace, but it appeared by their after aftions, that they intended not the keeping of any by their illObfervationofthe Articles of Ceffation, for they were fo far from cea- fing from Afts of Hoftility, during that (hört term of a year, as they had agreed to, that they ftill continued plundering and pillaging the Englifh, D d 2 imprifoning ;is HI u 1 M 19 6 164-6- ! V /W; The Chili iVarxes imprifòtiing or murdering their Perfons, feizing on the Kings Foits and Cables j and particularly the Cable of JPickloyp, which having Unprized, they put all Men, Women and Children to the Sword; Nor yet fatisfied, their unhumane cruelty afforded them no other burial , than what the Bellies of ravening Wolves, ( more mercifull than they ) gave them. Yet had they foon after the agreed Conclnfion of the Ceflarion fent Com- niiflioners to the King, to entreat that befoie the time of ics expiration a peace might be concluded, and hoped for fome concebions for the free exercife of their Religion, wherein they were referred to the Lord Lieu¬ tenant Ormond; who, confidering the neceflity of the Kings affairs, would willingly have reduced things to a Pacification,, but the Irifh fpun out all Treaties with fitch tedious delayes, (the better only to gain time for the ftrengthening of themfelves, which they did by fending their Agents unto Foreign parts for fupply both of Men and Armes, and Mony, and calling home fuch of their own Commanders as were abroad in any forein fervice,) that in what might have in a Month been concluded, nothing was eflfefted in two years; whilb they likewife treated with Ormond^they underhand concluded fome Articles of peace with the Fail of Glamorgan, who by a pretended Commibion ( for his Majeby difavowed it, and protebed againft it in his Declaration to the Parliament) granted fuch Articles to the frifh, as would have been to the total extirpation of the Englibi Clergy, ( theie Articles with a Copy of the (.oinmiffion were found in the Archbifhop of 1fanes pocket,who in an invafion made into the County of Sleigo by the&W» was (lain) provided, that they would fend over to the Kings aflibance in Ewg/W ten thoufand men, fix thoufand on the firb of April 3 1645. and four thoufand 011 the fiib of May following , yet neither performed one tittle of that in relation to Aflibance , nor claimed any favour by thofe prefumed Concebions, but bill continued their Treaties with Ormond, and their Aftions ofHobility againb the Englibi, againb whom they proved fn fuccet- fuH, both by reafon of the drawing away thofe Souldiers to the Kings fer¬ vice in England :and alfo by the improvidence of the Englibi remaining, in not affociating with the Scots, but warring fingly, that Owen Rorv-Oneale by giving a fatal blow to the lab, pofleflfed himielf of all places in Leinijer, except Drogheda and Dublin-, fo that jub after the Kings going to the Scotifb Army, the Englifh necebities enforced them to conclude a peace, though contrary to the Kings Command, which were looked upon as infoi ced from his Majeby, now under rebraint, and though the contrary was ratio¬ nally urged by the Bibiop of M'4tb} yet the vifible aflibance of che French, ( who, whether out of any defign, ( as may very well be fu ppofed') of them¬ felves or no, endeavoured a peace with the Irifh, and the joyning of the Eng¬ libi with them too, under pretence to rebore the King, had already fent 10000 /. as earneft ofmore towards his Majebies aflibance, though imagined by the French Agents Letters to Ormond to be out of further defign; who writ him , That if the King arid Parliament biould conclude a peace, it mub be neceffary to comprehend the Irifh therein, and for their fetclement in their due Righcs , otherwife his Majeby mub take the Irifh into his pro- teftion;) that advice of Mealht was for thele reafons quafhed; but, That the Parliament of England had a defign never to make peace with the Iiifh Rebels, may appear by their care to fupprefle them, they having to that ef¬ fect appointed the Lord Dfle9Son cotheEarle of Leiter,Lord Lieutenant Geneial,.and ordered him to beat up his Drum, and raife fix thoufand Foot, and eight hundred and fifty Horfe in England and Walet-, and after¬ wards when news came of the great defeat of the Scots and Englibi m Vijler, he was ordered to raife five thoufand Foot moie, and fifteen hun¬ dred Horfe, and Arms, Mony and Ammunition were immediately to be fent over: But in the mean time Ormond had concluded a peace with the Rebels, contrary, as I faid to the Kings Letters of the eleventh of lane from Kewcaftle, • ; ■ lb 111' I fc| 1 r , ft I ei I 11«' I C! of Cjrcat Britain and Ireland. *97 ftewcaftle, wherein he had granted, That the Irifh fhould not be bound to take the Oath of Supremacy 5 That a Parliament fhould be held before J 6 4» 6« November-, That all Aft-, againft the Roman Catholiques fhould be repeal- " ed ; And thac all place-, of ftrength fhould be put in the hands ofmen of merit. The conclufion of this peace proved by good fortune of general good to the Proteftants, for it caufed a divifion amongft the Rebels, the Popes Nuncio and the R.omifh Clergy protefling againft it, as being done without their privity or confent, and many of their Chief Towns, fuch as Limericl^, Waterford, Wexford, and Galloway, taking part with the Clergy, and dilbvvning and oppofing the peace , fo that now things, at leaft, feemed to be better by it for Ormond had now according to Article a Party to joyn with , viz. thofe that flood f >r the peace; for the Clergy at a Supream Council had abfolutely difclaimed it, and further ordered , That all and lingular confederate Catholiques who fhould adhere to the faid peace, or confent with the Favourites of it, or after any other manner fhould enter¬ tain or embrace it, were abfolutely to be accounted perjured, efpecially for this reafon, Becaufe there was no mention made of the GatholiquefReligion and fecurity thereof,nor any regard had oftheconfeeration oftheCountry, as it was piomifed by Oath. Bit that all things were rather referred to the judgement of our renowned King ('from whom in this prefent eftate they could have nothing fetled :) And in the mean time the Armies',wea¬ pon- and fortifications,and die Supream Council of the Confederate Catho¬ liques it felf, were fubjefted to the authority and command of the Coun¬ cil of Scare, and the Pi oteflant Officers of his Majefly, from whom, that they might be fecure, they had taken Oath. For which, and many other Caufes, being moved only by their Gonfciences, and having God before their eye«, tnat it might be known to all and lingular, as well Irifh as Stran¬ gers, chat they have not, nor will give confent to fuch peace, except that late Condition ( as well for onr Religion as tor the King, and for the Coun¬ try , according to their Oath ) be offered unto them. And chat their Flocks, and all other Catholick people without confederate Forces, who in thofe General meetings had fometimes asked their advice in this Spiri¬ tual bufineffe, belonging only to a Spiritual Judge, may know certainly what had been determined by them , to the end that the godly and faith- full Catholiques obeying their Shepheards and Paftors, might concur in the fame, They had commanded this Decree to be written and publifhed in all places in the Engiifh and Irifh Tongues, which they had confirmed with their Handsand Seals. But to the other Queftion concerning Excom¬ munication, they had referred it to the next Seffions. This makes Ormond, being willingtotake the opportunity againft the Rebels, to advance on the fourteenth of September with a Party towards Kilkpnney,but being informed of a delign of lome difcontented Papifts againft his Perfon, he retired again to tvAiii, where wanting both Ammunition and Powder for War , he was enforced to capitulate with two Captains of the Parliaments fhips, upon the Coaft of Ireland, to furnifh him wiph neceflàries for the profecufing the War, who condefcen Jed to his Propojfitions,upon affurance of his complying witii the Parliament of England-, for which condefcention the Captains had the Parliaments thinks; for indeed the neceflities of Ireland then re¬ quired it, the Rebels by the threatning order oftheir Clergy, to whom tney wer e wholly devoted, being almoftall reduced to their reafon, and having taken Ackjcw Caftle belonging to the Proteftants, and in it eighty perfon-, and one hundred Armes : And likewife Marborouyh Forts in the very Center of Lcinfter , whereby they had get into Sir WilJiaÀ Gilberts Quarte s, and thereby reduced aImoft a thoufand Proteftants .to their mer¬ cy, which had induced the Lord Lieutenant Ormond, out of compaflion to his bleeding Country, not only to capitulate as aforefaid , with the Parli¬ ament Captains 5 but likewife to fend Commiflioners over into England, to 7 be Chill War res proffer the furrenderof Duflin, and all other places of ftrength in his pow¬ er teethe Parliament; but likewifc himfelfto come over into England, if it fhould be thought fit, however, that fpeedy relief might be fent to Ireland; which the Parliament was willing to condefcend unto; for though the Lord Prefident of Conought, and the Lord Inchiqueen in M'-wfter, endeavoured with all their force to difturb the Rebels, yet was it judged, that the Rebels were powerfull enough to keep them in play , and fend a fufficient force too to befiege Dublin, for they were now no leflTe in arms than fifteen thoufand Foot,and two thoufand Horfe,under the command oWwen Oneale, freßon, Roger Moore , Hugh Mac Phelim, Brian, and Con. Oneale, with many more Chief Heads of Septs, all agreed and refolved upon a fiege of Dublin, to which eflfeft they foon after fell down, and took all the out Garrifons round about the City, which at that time, though they bragged to ftorm, but might have found well provided ; for there were in it three thoufand Garrifon Souldiers , and five Months provifiorrs however the Parliament from England haften all poflible fupply , fend over their Commillioners,to refide at Dublin, and with them Collonel Moni(, formerly there , and after in the Kings fetvice in England : but being taken Prifoner, and lying in the Gatehoufe, vyas thought a fit perfon to command in that Country, which he partly knew, and therefore had a command of a Regiment given him, and together with the Commiffioners with 1870. Horfe and Foot, he lands at Dublin, the Commiffioners at their arival there being welcomed by the Marquefle of Ormond , with promjfe (fay fonae) to have theCaftleand Town delivered unto them* but the Lord Lieutenant afterwards gave them an abfolute denyal of its furrendry, affirming, that his Letters to the King not being fent to the Parliament according to Conditions, he not having his Majefties full command for fur rend er, could not do it; upon this refufal, the Parliament Commilfioners re-fhipt their Souldiers, carry¬ ing them to Belfaft, a Town in the North pofTefled by the Scots, and gave intimation by Letters to the Parliament offome fufpitions they had, that the Marquefs of Ormond did confederate with the Rebels, which they ga¬ thered from the Cefiation he was forced to agree to, by reafon of the ne- ceflities he was reduced to by their deferting him- In the mean time, on the 28th. of January, the Lord Liße appointed Lord Lieutenant General cf Ireland for the Parliament , fet forth out o{London, went over, viewed the Country, and when people thought he had fcarce been there, returned home again : but the Parliament more ferious in their intended relief for Ireland, had refolved feven Regiments ofFoot, three thoufand Hörle, and twelve hundred Dragoons, to be taken out of Fairfax his Army for that pur- pofe , which refolution gave occafion to the Armies firft mutinies, which after ended not but in ruineand confufion- CHAP. LXXVll. Monttofs his sftlions 1646. THe ill fortune which by the treachery of the Earls of Hume, Roxbo' rough and Traquaire, Montrofs had had againft David L-ßys potent Ar¬ my at Philips laugh, abated nothing of his Courage, Magnanimity, and Refolutions, yet to endeavour his Majefties fervice, therefore with all pofliblehafte he marches Northwards, fords the River Cluid, being by the way met by many of his ftragling Souldiers, and likewife by theEarlesof Crawford and Air ley, fo that he was now got into a Body oftwo hundred Hoife, of Cjreat Britain and IrdancL Boi tei Horfe. and fome Foot, with thefe palling the Forth, he makes all poffible fpeed'into Athole, and coming into Perthjhire, fends the Lord Dowglajfe and Alrley into Angus, and the Lord Er skin into Murre to raife their friends and dependants, Valeile likewife was fent with Commifhons to the Lord Curncqy to that purpofe, and Letters he likewife difpatchesto Mac-Donald and Aboin to come with their forces, thus ufing all polhble dilligence for the gathering together a power , whilft in the mean time about e, ugutt, the Athole men furnifhed him with four hundred foot to march Northward, promifing more upon his return from the North, but defiring now to be fpared in regard it was harveft time ; with chefe with incredible fpecd he marches over Grainsbain to joyn with Aboin, Mac-Donald and the other he had fent for leavies, hoping to gather fuch an Army as might adventure to march Southward again, Aboin though forward enough ofhimfelf, yet was fometime detayned by Huntley s forwardneflè, however at length he came with fifteen hundred foot and three hundied Horfe to Drummre, a Caftle of the Lord Forbes, with p. omifes likewife that his Bro¬ ther Lewis would erelong come with an additional power, but the Lord Erskin falling Tick came not, however thus impowered he returns the fame uncouth wayes over Grainsbain,to take up his and Murraies forces,hither he was followed by Lewis Gourdon, who joyned and marched with him the firft dayes journey, but the next moil unworthily deferted him with all Iiis fol¬ lowers ; And not long after the Earl of Aboin with the reft of his friends and followers defired leave to return, pretending his Father the Marquefleqf Huntleys command, whofe Country was in fome danger of the Enemy then about Murre, who threatned fuddainly to pillage his Country ; yet Aboin was willing that his Father (hould be treated with, and therefore MontroJJe fent to him two of his Kinfmen, Dowld Lord Rofc, and Jermin, whom he had lately relieved from imprisonment, Rofe afhanied of Huntleys dealings, fell fick and could not return, but Jermin returned ( and ever after ftayd with MontroJJe ) with doubtfull Letters, playing faft and loofe,fo Montrose was forced to permit Aboin to go, arid himfelf with the remainder of hi§ forces pafles through the plaines of Murre, Scarfchiecl^ into Athsle, where having recruited his Army, he falls into Perthjhire, whither Aboin fends jinn word that he had got leave to return, and would be with him before the time limitted by his Furlough; here he likewife receives two MefTengers, Captain Thomas Og'lby of Potnie, and Captain Robert Nesbit, with commands from the King each after other to march Southwards, where he fhould ex- peft a party of Horfe to joyn with him, and therefore hedil'patches the fame MefTengers with the Letters to Huntley and Aboin, in vain a good while ex- petting the coming of the laft at Siraihern in Perth ; and here lofing by death the worthy Valiant and Learned Lord Napier of Murchijlon, a man who had fuffered almoft all degrees of Punifhmen{s for his Loyalty, he pafles the Forth, coming into the Lands of Sir John Buchanan, a ftiffe Ring¬ leader of the Covenanters, »nd encamps at Leven near Glufcow, on purpofe to deter the Convention of the Covenanters, who were then fitting in Judgement againft fome Prifoners, whom MontroJJe would willingly have refcued, but he had but three hundred Horfe, and fifteen hundred Foot, and they had three thoufand Horfe for tneir Guard, yet they permitted him to waftethe Country w ithout refinance, but in the mean time they exe¬ cuted three Gallant men, Sir William RoUock. the old fellow Souldier and Companion of Montrofje, Alexander Ogilby, fon to Sir John Innercnrrit, a youth but of eighteen years of age, and Sir Philip Nesbit fon of Col. Nesbit, who had a Regiment in the Kings fervice in Fngland ; befides thefe at Glaf¬ cow, fuffered two Gallant Irifir men at Edenburgh, Col. 0. Cuhen and Col. Laghlin, both for the new-found Treafon againft the Covenanters: In the mean time MontroJJe having fix weeks in vain expetted his abfent Confede¬ rates out of the North, and the Horfe expetted from England being defea¬ ted iòo \he Civil!iVartes teJ in then way, not able to keep the field in fo piercing a hard Winter, 16*6 tin the 20th. of November he departs fvom Leven, and marching Northward * ' ' over the Snowy mountains of Taith, fo through Woods and Bog? to Stra- ther, palling the River Lay, returns into Achate, where he meets with Cap¬ tain Ogilbyand Captain Nesbit, who had had but ill fucceffe in their Embafi- fey to Huntley, for they could not perfwade him to any reafon, yet Montnjfe fends Valette to mediate with him about the Kings affaires, andtoendea- vour his joyning forces with him for his fervice, at leaft, that he would ad¬ mit of a Conference with Montrcjjc-, but he received no other anfwer but a peevifh {lightings The Marqueffe thereforerefolvestofurprizehim,aud try if his pretence could reduce him to any rational compliance, and there¬ fore in the depth of Winter, marching with a fniall party through Angus, andfo over Grainsbain hills he comes to Strathbogy where Huntley was, but having advice of his coming, polls away to his Callle olBogye, upon the mouth of the Spey, whither Montrcjp with only two men difguifed in all fpeed follows him, rulhes in,falutes him, brings him to a Conferrence, and over-powering him with 1 eafons, forces him to a friendly complyance, and fo both being i efolved to joyn in their Sovereigns Caufes, Huntley paffes o- ver the Spey, and falls into Murrayland Southwell, whilft Mwtrcfp fetching a compaffe Southward by Strathfpey, joyns with him, and fo they beilege the Garrifon of Innerneße, a Garrifon on the North of Murrayland near the Lake of here likewife the Earl of Jboitt and Lewis Gourdon confirm the fi iendlhip promifed by them, and by Oath affure their ready Obedience, and chat they would either by force or fair means endeavour the bringing of the Earl of'Seafort to their party ; The Marqueffe in his march to Inner' wfl: had lent Patrick^ Graham and Drummond to raife the Athole men, who by reafon of the Argyle parties falling in upon them were in feme diftrefie, for the Argylians with fifteen hundred men had fallen into the Mac^-Grego- ries and Mtcl^Nubres Quarters, fired a Town in the Lakes, and belieged Ample C allle, from whence thc Athole men for ced them to rife,and purfuing them from their Leaguer, they faced about and fought, but were utterly routed, and many of them (lain, the Athole men having performed this fer¬ vice, went and joyned with Montro(Jè, who had here news brought of the Death of three worthy men his friends, to wit, Sir William Spot [mod, Andrew Quthery and William Murray fon to the Earl of lullibarditt, who were all ex¬ ecuted for their Loyalty by the Convention at St; Andrews, nor had the Lord Ogilby efcaped the fame fate, had not he, feigning himfelf lick,got Jeave for his Mother, Wife and Sillers to vifit him in prifon, and whilftthe jjylour withdrew, fhiftedClothes with his Siller, and left her therea Pri- loner in his Head. Thefe mens Deaths extreamly troubled Montrcjp, whole vexations w ere increafed, with the time which Huntley fpent in plundeiing as he marched, and in retreating to the Spey, thereby giving leave to the relief oilnnertuße, notwithftanding MontnJJes feveral Meflagesto him, ei¬ ther to return to the fiege,or come and joyn forces to oppofe a new Ene¬ my, for M'ddleton was coming from the Scotch Army in England wich fix hundred Horfe, and eight hundred Foot, but Huntley refufed, thereby gi¬ ving very ill example to others, who now began to come in thick and three¬ fold, the chief of which with their followers' and dependants, were the Earl of Seaforth, theLord Rofe, and from the furtheft Illands, Sir James Mac-Donel and Glengar chief of the Mach-Renalds, together with the Micl- Lins, fö that had Huntley joyned he might have marched Southwards with a greater Army then Scotland had many years feem, but the unexpefted re¬ volt of fo great a Perfonage, whom yet MontroJJe feeing he could not per¬ fwade to march Southward, that at leall he would joyn with him tobe- fiege Innerneffe, a convenient Sea-port,as was agreed, but receiving nothing but fcornfull Anfwers, himfelf fits down to the fiege, and fend three Troops of Horfe to the Fords of the Spey, to obferve the motion of the Enemy, bat by • • "Ulf tki felf"' I Kl if |E UM"*' r111 ff;T«f 0/(jreat Britain Ireland. fends to acquaint Huntley with it, and to defire a Conference, but he accor- immediately difpatches Meffengers back to the King, protefting, that as he 201 by »Treachery of Lewis Gourdon, the Enemies Army were permitted to paffe the Spey, and before thefe Horfe could get to him, the Enemy was fo near, that they feemed to be their Van, but the Märquefle had had notice of their approach another way, fo th#t having timely notice, he drew off from the liege and from the Enemies ftr ength of Horfe, and fo enduring fomeSkirmilhe^wich equal loffe, he retreated beyond Nijfa,and lb through Long-najp, Strdth-lafle and Harra^e to the Banks of Spey, where undemand¬ ing that tiuntley was at hisCaftle of Bogy, takes only a Troop of Horfe and Gallops thither twenty miles, fending one before to tell him that he was 'coming only tokiffehis hand, and to advife with him in the Kings Affairs ; but Huntley having advice of his coming, immediately took Horfe and fled, and the Marqueffe perplexed at the loffe of his labour returned, where he found that Huntley's defe&ion had made the Earl of Seaforth and others be¬ gin to falter, which made Montrojft refolve, that feeing by fair means he could not work upon them, that he would force all the Northern parts to comply, whilft Huntley, that he might do fomething by himfelf, befieged M'ddleton, who with five hundred men was entred into Aberdeen, the Town he takes by Storm, though with great lofTe to his Party wherefore he gave the plunder of the Townfmen, many of them Innocent and Loyal, to his High-landers, but permits all th« Prifoners which he had taken of Middletons Party to go free, and looked fauningly upon them,as though he had rather been a.Petitioner then a Conqueror, Montrcffe in the mean time purfijing his defigti of reducing the Northern parts; on the laft of May comes a Herald from the King, commanding him to disband,and paffe over into France, till his Majefties further pleafure ; This Meffage perplexed him, he therefore ding to his ufual Churlifbneffe, returns Anfwer,That the King whofe Com¬ mands would not admit offecond thoughts had written him the fame, and that he was refolved to obey, and when the Meffenger returned Anfwer, That that was likewife MmtrcJJe his opinion, and thachewas as ready to give Obedience to the Kings Commands as any other, if they were not for¬ ced ; however it concerned them all intime to conuder of the fafety of them and theirs, and that the Credit and Authority of what they refolved upon, would be greater even in the opinion of their Enemies themfelves, if they made a joynt and unanimous refolution; he returned no other Anfwer, but that he had refolved with himfelf, and would do nothing with any body elfe; Montrojje therefore before he would refolve to lay down Armes, fends an Anfwer to the Kings Letters, wherein he humbly prefumed to be fo far inquihtive of the condition in which the King flood with the Cove¬ nanters,Whether he conceived himfelf fafe in their hands?whether he would disband that Army of friends who had ventured their lives and fortunes for him, and expofe them now to the mercy of their implacable Enemies, who ftiU continued in Arms? Ocherwife, what courfe (hould be taken for rheir fafety, and whether his particular fervice might be acceptable to the King in any other way ? To thefe Letters he received no other Anfwer, but fome open Articles from the Covenanters, which he refufing as unconfcionable, had not taken up Armes but by the Kings Commiflion, fo he would not lay them down but upon fuch conditions as he (hould think fit, which he there¬ fore defired him to fign, refolving to fubmit to them though never fo harfli; In the mean time many of the Marquefles friends deferted him, and made their peace with the Covenanters, and Huntley, to ingratiate himfelf, pro- mifed to force Mwtrojfe to a fubmilfion, Antrim likewife without any forces was come into the High-lands, and endeavoured to draw the High landers from him, whom in fcorn he called Governour ofthe Low-lands, fo that he was forced toaccept ofthe Covenanters Articles, by which he was to de¬ part the Kingdom by thefirft of September, and thefe things wer« tranfafted Ee the fill ■ .1 ■ ; ■ B| iS I \The CivillìVarres the firft cf Anguß, fo that he had but a juft Month to be gone in, which time the Covenanters would fain have had him out-flipped, and therefore negle- fted to (end him a (hip according to Articles; but he knowing their defign, meets wih a Norway man of Bergen ia the Haven of Montr/jp, whither he be¬ fore fends his chief Fiiends, Sir John Hurrey^John Vrnmmond^Henry Graham^ John Spot[wood,John Lily,P«irich^Mehinfieorge W/feheart,Doftor ofDivinity, Vavid Gutlefy , Bar dm Lafound, a French-mark, and Rodolph a German; and himfelf foon after follows difguifed, as Servant to Mr. James Wood his wor¬ thy Chaplain, and (o imbarquing, leaves the Covenanters rejoycing, that ehey werefo well rid of him their Terror. CHAP. LXXVllI. Difcontents and Mutinies in the Amy ; Difference between them5 the City and the Parliament • They fei^e the dQngs Perjon. THe more than fortunate fuccefs of the Parliament forces over all the Kingdom for this year and a half laft paft, had given them full viftory over his Majefties forces, and fuch anipleandabfolute pofleffion ofall the Forts, Caftles, and ftrength of the Kingdom, fo that they had no Enemy to fear, but only thofe who had been their fervants, and afted under their command in the bloody Tragedy ofthe late War, whofe known power, and piideof their late Vi&ories and Succeffes might give them juft occa- v fion to fear, that from Servants they might attempt to become Mafters, and therefore thought it no piece of ill-grounded policy to clip fome part of their power, by drawing away a convenient ftrength from them, which they had fo fair a pretence and opportunity to do, as the relief of Ireland was; whither the Parliament had voted , That eight thoufand Foot, two thoufand Horfa, and twelve hundred Dragoons fhould be tranfported, and that die reft ofthe Army fhould be new-modelled, and a part of them dif- banded ; but the chief Commanders of the Army having by thefubtle po¬ licy of Lieutenant General Cromwell been conferred on his Friends and Al¬ lies, mod of them of Independant tenents,who bore counter with the defign of the Presbyterians in the Houfe, abfolutely in a Council of forty five Offi¬ cers refute to go for Ireland, and inftead of obeying the Parliaments com¬ mands , draw up a Petition for Provifion, That the Army might be in- dempnified, and their Arrears paid for their paft fervices in England , That the Foot-Souldiers might not bepreft out ofthe Kingdom, northeHorfe- men compelled toferve on Foot, That the Widows and Children of Soul- diers flain in their fervice might be provided for, and that untill the Army fhould be disbanded, they might receive their pay to difchargetheir Quar- tnrs, and not burthen the Country. This Petition which carried up and down the Army, and was the Firft- fruits of their refrattorineffe againft their Malters, was to have been prefented by Lieutenant General Hamond, Com- miflary General Ireton, Collonel Hammond, and Collonel Rich : but by fome yet faithfull Commanders, ( not engaged in the grand Defign which v-ai to be carried on by Crom reell and Ireton, and the Chief of their Friends in the Army, nor corruppted by Sloath and Idlenefle, the mine generally of Armies ) difcovered co the Parliament; who immediately fentfor thofe Officers who fhould have prefented it, and before their coming declared, Their high diflikeof it, and their approbation and efteem of the good fer¬ vice cf thofe who firft difcovered it, That if the Subfcribers fhould fo- beai' 101 I 6 4- 6- v- _ 1647 u r» è ofCjreat Britain and Ireland. bear to proceed any further therein they ffiould be retained in the Parlia¬ ments good opinion; but fuch as continued in their diftempered condition) fhould be proceeded againft as enemies to the State. Yet this being their firft fault, was eafily palled by, no noyfe made of it, nor further proceedings in it, till the common Souldiers, privately encouraged by their ihfiniiating Commanders , but more publickly by a Letter of their Generals to Come Members ofthe Houfe of Commons, wherein he expoftulates about a late Petition of the City of London , and another Petition then on foot in EJfex againft the Army, That the Souldiers , efpecially the Horfe , were much troubled, that they might not be permitted, to peticion, whilft Petitions were permitted againft them , That they had therefore refolved to draw to a RanJevouz , and compofefomething in Vindication. And loon af¬ ter they profecuted their refolutions, publiftiing their Apology to their General, complaining of a delign to new-model and disband the Army, which they ftiie a plot or mere cloak; for fome who had lately tailed ofS j- veraignty , and being lifted up beyond the ordinary fphere of Servants, fought to become Mailers, and degenerated into Tyrants;they therefore ut¬ terly refufeeither the fervice of Zfe/■ \7he Chill Wtrres sftsated at ic, asked Uim for his Warrant; who told them. That it was the I 6 A. H Saicc ofthe army,nor did he fay any more to the King,only promifwg the fe- * curity of his perfon,and (o the next day after Dinner carried him,with the Commiliioners , away towards the Army, who were to randefvouz at Ken- ford, within fix miles of Bury , and fo to come to biewmarl^t; the King up¬ on the feifure of his perfon immediately difpatched a meflage to the Parlia¬ ment by the Earl of Durnferlingto acquaint them, 1hat he was unwillingly f«- ken away by a part of the Army , defiriug the parliament to maintain the Laws of the Land,, and though he might fign to many things, being in this condition, yet not tt be believed till further notice to the Houfe. But the General in his Letter to the Parliament acquainted them, That the Souldiets at Holraeby had brought the Kingthenceby confent,and lay at Collonel Mountagues the next Night, and weald beat Newmarket the next Day , That the ground thereof was from anaf* frebenfion of fome ftrength gathered to force the King from them ; whereupon he petit Collonel Whalley'i Regiment to meet the Ring and Commifsioners', but they refufed, being come to Sir John Guts near Cambridge, profefsing, that tbù re¬ move woe without his confent, his Officers about hint, or the body of the Army, er without their de fire or privity % That he will fecure his Perfon from danger, affi - ring the Parliament, that the whole Army endeavoured peace, and were dear from oppefing Presbytery, or affcCUng Independency, or to hold a licentious freedom in R-e- kgion, or intereft in any particular party., but to leave aV to the Parliament. Thus fee makes the Kings remove to be by his own confent, which certainly w«i EtGthiiig fo, though probably it might be done without the Generals pri¬ vity ; but however it was, the Aftion fo extremely ftartled the Parliament* chat they voted fitting raext day, though Sunday.\ and Mr. Marjhal was defi¬ ned to pray for them : but more affrighted were they when news was brought them by three Collonels Reformadoes and Attors at London, That a Major of the Army had given them affurance, that the Army was; marching> and would be with the Parliament by Noon next day, and ad- vifittg the Collonels to return with him to the Army, where they (hould be concluded within the Capitulation for their Arrears. The fame news being likewife confirmed by a Letter fent to the Lord Maior and Commo« Council of London of the Armies intentions; The Committee of Safety were hereupon lent to fit all night,and confider what was fit to be done5a»d a meflage was immediatly voted to be fent to the General to defire him not to come within twenty five miles of London, and that ten thoufand pound (hould immediately be fent to the Army; the City Trained-Bands were likewife drawn out upon pain of Death; The paffes ofthe lines of Commu¬ nication guarded , the Shops (hut up, asidfuch a hubbub all over it, asif the Army were firing it at their backs, but as the City flood for the Parlia¬ ment,fo the Army were by fat leaft forged) Petitions of many thoufands iu ' feveral Counties haftned up to London, and defired not to disband til!all things were well fetled, but for this time they thought they had fufficiently frightned the Parliament and City, and fo the Army come no farther than Saint Albans, whence the General writes, That the Army was come thither before the Parliaments defire came to his hands, but that in obedienccto their Commands he wonld advance no farther , defiringthat a Months par might be fpeedily font to the Army , wherein he was very dutifully coin- plyed withal], though the Army refilled to comply with that Vote ofthe Parliaments, (That the Kings Perfon (hould be delivered to the former Commiffioners, to the intent, that Propofitions of peace might fpeedtly be font to his Majefty, and that Collonel Rofsiter and his Regiment might guard the Kings Perfon, ) for they were refolved not to part with the King out of their Clutches , till they had perfe&ed their defigns. In part of which, here at St, Albans they publifh their Reprefetfcation,wherein aftei the tpecial Preamble of their real Intentions, for the good and fafety of the Sfifjgdomj &c. they laid downfeveral Propofitions for foiling and fecuring their I « 1 ""Wd foil r_ iMSCff Iwfirtto® (du*t vf (jreat Britain and Ireland. their own and the Kingdoms reft and peace, grounded uponthefe( as they call them) pofitive Articles, That the houfe s might befpeedily purged of fach at ought not toßt there 5 7hat fucb who abufed the Parliament and Army and endanger the Kingdom, may be fpeedily difabled from doing the like or trorfe ; "Xhat fome determinate period of time might be fet to this and future Parliaments, according to the intent of the Biil for Triennial Parliaments 5 That Parliaments may not be adjottrnable or diffolvable by any power, but by their own confent during their refpeftive period, and then to determine themfelves; That the Freedom of the people to prefent grievances by Petition to Parliaments, may be vindicated ; That the exorbitant power of Country Committees may be takgn away; That the Kingdom may be fatisfied in the Parliaments accounts for their vajl fums received, and alfo in divers other things wherein the Common-wealth hath been abufed; That after Delinquents have payed their Comp oft ions, an AH of lndempnity might be pajfed. Thefe were the heads of their high-flo wen Reprefentation, but their defigns flayed not here, next to fair pretences they muft proceed to aftion; there were fome Patriots in the Houfe of Commons, who in oppofition to them, flood ftifly for the Laws and Liberties of their Country, thefe therefore were thought fit to be removed out of the way, and to that effeft a Charge of HigbtVeafon in General, without mentioning any particular circum- ftance, is brought up from the Army by four Collonels, Scroop, Okey, Hew- fon and Pride,two Lieutenant Collonels, Bowen and Goffe, Major Desborough, and five Captains, Berry, Clarkf, Carter, %olph and Sexby, againft eleven Members of the Houfe of Commons, to wit, Venzil Hollis, Efq; Sir Philip Stapleton, Sir William Lewis, Sir John Clotworthy, Sir William Waller, Sir John Maynard, Major General Majfey, Mr. Glyn Recorder of London, Col. Walter Long, Col. Edward Harley, and Anthony Nichols, Efq; And to their Charge fo brought up, follows a paper to the Parliament from the General and the Army, telling them, That in purfuance of the Reprefentation they had the heads of a Charge againft thofe Members, and fhould appoint fit Perfons on theirs and the Kingdoms behalf, to make good the fame; That if the Par¬ liament fhould admit the Debate and Confideration, then the Army (hould defire, That the Perfons impeached might be forthwith fufpended from fitting in the Houfe, who had fo notorioufly appeared to the prejudice and provocation of the Army, and unfit to be Judges therein; That a months pay might be immediately fent down to the Army, the next day by noon at fartheft; That if thofe Officers and Souldiers of the Army, who had en¬ gaged in Ireland, or thofe who had deferted the Army and gone to London, had received more then a months pay, that then fo much money might be fent to the Army to make their pay equal; That hereafter they fhould have no pay till the Army were paid their Arrears; And concerning fecret praftices and defignes to raife and lift new forces , and thofe enga¬ ged in Ireland, to march towards London to engage in a fecond Warre: That no force be further raifed or invited from forein preparations, to in¬ terrupt the Liberty and Peace of the Kingdoms; And that all the requefts might be fpeedily performed, the condition of the Army and Kingdom, and King himfelf not admitting delays: To all the defires of the Army the Parliament readily concurred, exeept only to that for the fufpending of the XI. Members from fitting in the Houfe, concerning which they voted, That by Law no judgement could be given to fufpend thofe Members, before the particulars ofthe Papers be produced, and the proots made, declaring that thofe Members had not done or faid any thing within the Houfe, for which the Houfe could fufpend them; but the Army to thefe Votes, return AHfwer,That they could prove them guilty offuch praftices in the Houfe, as it would be juft for the Houfe to fufpend them ; That by the Laws of the Land, and Parliaments Prefidents, in the Cafes of tiie Earl of Strafford, Archbifhop of Canterbury, and the Lord Keeper Finch, they might be fuf¬ pended the Houfe upon the very Papers of Accufation given in againft thenr. Xof ■S,< OS !1 \ *Tbe Chill IV(irres t hem; but the Army need not have been fo earneft agaiuft them, for to fuf- pend their titting,for they rhemfelves knowing how great a vanity it was to ftand out againft ftich powerful! Enemies, had retired themfelves, and forborn the Houfe. The Army had now to give fome fatisfa&ior» to the Parliament, removed their Quarters to Wickham, and the King being re¬ moved from Roy/Ion their fii ft Head-Quarters to Haificld, the Earl of Sa- lisburies, and from thence to Cafam, the General at his Majefties delire, fent a Letter to die two Houfes to crave leave that the Kings Children might have leave to vilit him, he had often himfelf defired it of the two Heute?, but could not obtain it; In Sir Themaf Fairfax's Letter to the Houfe of Lords, the King inclofed one to the Duke of Torl^, commanding him to ask leave of the two Houfes, that he, his Brother and Sifter, might come to fee him, at leaft that they might come ( if the Parliament would grant no more) tofomeplaceto Dinner, and return at night, he having procured - Sir Thomas Fairfax's Engagement, that they fhould come and go without impediment; and according to the Kings'defire, they were permitted to go and met him act Maidenhitb, where having dined together, ijhey wentwith the King to Cafam, and their flayed two day es; The reafon that had made the Parliament unwilling before to grant the Kings requeft, was, leaftthe Army fhould have likew ife detained his Majefties Children, for there were then fome Jealoufies in the Parliament, leaft the King (l ould come to an agreement with the Army without them, feveral Pamphlets being then, printed, of heads prefented by the Army to the King, and of Articles agreed upon between the King and the Army ; nor wanted there at the fame time Jealoufies of the Pai liament, in the Army,of a private Engagement and Lift¬ ing in the City of London, againrt the Army, but however the Parliament were daily troubled with the tumultuous Petitions of Apprentices, one Rabble in the morning Petitioning for one thing, and another in the after¬ noon for the juft contrary; fo that the Parliament were forced to make an Order, That the Votes of the Militia in the hands of the Cityfborld bene If, and that it fhould be Freafon to feek^ Subscriptions to Petitions; but this Order difplea- fed both parties, they clamoured in flieh Mutinous multitudes in Wejimin-- ftcr Hall, and at the Parliament Houfe door, that they w ere forced to Re¬ voke their Order: during this Hubbub in thee icy, news was again brought that the Army was marching up agaiuft London, whereupon all the Trained- Bands of London were ordered to man the Works, and whoever were able to bear Armes, were ordered to appear in defence of the Lity, againftthe Army ; this proved only an Alarm, but long it was not ere they comeup in earneft,for atterlong debate between the Commiflioners formerly lent bythe Parliament to Wicbfoam, and thole of the Army, thefe laft came to this refult, That a 'Declaration fhould be publißed by the Parliament a?atnß the coming in of any for ein force; 7 bat the pay of the Army fhould be put into a conßant courfe, and accountants called in e/ueftion; Tfhat the Militia of London return in¬ to former hands we'll affeüed; That all Perfons imprifoned for pretended mifdemea¬ nours, not by coi-rfe of Law, but by Order of Parliament or their Committees^ fhould have liberty of Baile, and afterwards of Tryal, that if Innocent, they might have reparation, Lieutenant Collonel John Lilburn, A/r.Mufgrave, Mr- Oreiton and others,imprifoned at Londoner any other places,contrary to the Aüs and Sta¬ tutes of the 35 Eliz. and the 3 James, a gain ft Conventicles or meetings in pretence of Religious cxercifes: The granting of thefe demands of the Army,the Par¬ liament voted to be contrary both to their Honour and Intereft; yet at length coodefcended they ro many, one, the altering of the Militia of the C ity of London, and putting it into other hands, fuch as pleafed the Army; this fuddain alteration ofthe City Militia, without at all advifing with the Common Council according tocuftom, extreamly ftartled then;, fo that calling a Common Council, and confidei ing that this Ordinance for their Militia being altered only upon the imperious commands of the Army, they . juftly 11 . "a unldrtu b,.. Order lilflu idtiinfr forced to I njainbraj ill the Trail ever wets ity, ajiioSi they conti is formerly« hefehficiB' Klint«»« oftdonrtt«" „ C»' ■at,¥ of'Cjrcat Britain ancllrel,ànd. iuftly fufpe&ed that all other Ordinances for fecui ity of monye?,fale of BL ihops lands, &c. might by fuch like Commands be likewife repealed , and therefore they refolved on Mmday the 26th. ofluly to petition the Parlia¬ ment, by their Sheriffs and Common-Council, but about two or three hours after, about a thoufand Petitions in a tumultuous manner comming down to Weftminfler with a Petition of their own , claiming, That the ordering of the City-Militia was the Cities birth-right, belonginging to' them by Charters confirmed in Parliament, for defence whereof they had adventured their lives as far as the Army, and therefore defiring that their Militia might be put again into the fame hands, as it was put by the Parlia¬ ments and Cities confent in the Ordinanceof the fourth of May. Thefe came firlt with their Petition to the Houfe of Lords, who immediately re¬ voked that Ordinance of the 23d. of luly, and revived that of the fourth of May, and then fent down to the Commons for their affent, which by1 the clamorous Apprentices was likewife gained; and the fame day the Lords adjourned untill Fryday, but the Commons fate the next day, and then likewife adjourned till Fryday; when the two Houfes met again, and about 140. of the Commons having fate a good while in the Houfe, the Serjeant coming with his Mace was asked where the Speaker was, who anfwei ed, That he went che laft night out of Town , and that he expetted him there a- gain this morning; but being more ftri&ly examined, he withdrew himfelf: fome were therefore fent to the Speakers Houfe to enquire for him, who brought word from hisfervants, That they conceiv'd he was gone to the ar¬ my, no otherwife than thofe who were in the Houfe conceived, and had in the interim chofea Mr. Pelham Councellour ofLwco/«s-lnne, Speaker, and Mr. Norfolk,having borrowed the City Mace, they began to vote, (the like being done in the Houfe of Lords, who had chofen the Lord Grey in the place of Manchefier ) and firft they vote in the eleven Members impeached by the Army; They next revive and fet up the Committee of Safety by Ordinance of both Houfes, enabling them with the reftored City Militia, giving power by feveral Ordinances to them to lift and raife forces,appoint Commanders and Officers, and ifTue forth Armes and Ammunition for defence of both Houfes and the City againft all that fhould invade them; But whilft they are thus preparing for their felf-defence, the Army draw the two Speakers , and the fugitive Members to fit in Confutation, and pafs Votes promifcuoufly with the Council of War in nature of a Parlia¬ ment , and fubfcribing to an Engagement to live and dye with Sir ihomas Fairfax, and the Army. In the mean time the General fends a Letter to the City, expreiling his refentment of thefe Diforders, dated from Bedford the 30th. of hly, wherein he cells them , That they might pleafeto remem¬ ber the forward complyance of the Army, with their defire to remove at thatdiftance, upon affurance that they would fecure the Parliament from violence; And therefore they could not but be fenfible of the unparalell'd violation a&ed upon the Parliament on Monday the 26th. of July, by a mul- titudefrom the City, with encouragement from divers Common-Council- men; a prodigious and horrid face tending to diffolve all Government, and that they look upon them as accountable thereby to the Kingdom for the interruption thereby of the peace and fettlement of the Nation, and relieving of Ireland : upon which fcore the Army would put every thing of the like nature, except Juftice were done lipon cheGffendors. But the City for all this (landing upon their Guard, he draws his Army together, and marches towards London with fuch fpeed, that in two daies he get to 1Jxbridge, and fomeHorfewere entred Windfoy.; foon after they randefvouz on Hounjlow Heath twenty thoufand Horfe and Foot, with a great Train of Artillery, toftrike the greater terror into the City,. who fend hither their Commiflioners, fix Aldermen , and fix Commoners, who complain to che General, That the City wot fujfefiedßutyet innocent from attmg againjl the Ar- mh 207 I 6 47 I M il If» if J (a ;j lijff. ■ I. ' J(»"' ; I !!l L V; L ìo8 ,7he Civill Wirres my, and therefore thefe their Members they fent to be added to their Committee I 6 ^ 7 HOVf attending the Council of the Army, and pray the General to forbear the mifchuf of a new war. And ftill as he drew nearer, the City met him with humbler meflages , 1'hat finding his defires of marching fo near was to fettle the Mem¬ bers of the Lords and Commons in their l iberties of Parliament, to which the City would contribute all their power and fervice', andyrayingwith allfubmifsion, r bat he would bepleafed to fend a Guard of fiver al Regiments as might csuduO themto the Far Lament in fafety , and that the Paffes and Ports floould be fet open for tbemi and what elfe his Excellency jhould command. Some Brigades of the Army un¬ der Rainsboroughy Hewfion , Pride , and 1'hililewell, crofting over Ringfime Bridge, marched without oppofition into Southward, as far as the Bridge Gate, which they found fhut, the Portcullis letdown, and a Guard witti- in, therefore having planted two Guns on the one fide, and made a ftand, Hewfon marches into Saint Georges-fields, and fummons the great Fort in in Lambeth High way,which was immediately furrendred to him. The Ge¬ neral on the other fide of the City comming on, flowly on the fourth of Ait- gutt demands all the Forts on the Weft-fide ol the City to be fun endred to him, to which Summons the Common-Council then fitting returned anfwer } That they humbly fubmitted to his Excellency's Commands, pro- feffing their readinefle to comply with his Army; in purfuance of which they had given Order to their Militia for the drawing off all Forces andOr- ditiance, And chat now next under Almighty God they muft rely upon his Excellencies honourable word for their fafety and proteftioa. At Kenfington the General was met by the City Commiflioners, and by the Members of both Houfes, who had been driven away by the Tumult, and forthwith a Declaration was publifhed of the mutual joyning of the Parlia¬ ment and Army, making null all Afts pafled by thofe Members who conti¬ nued at IFcttminJler after the 26th. oiluly; at Hide Parfithe Maior and his Brethren came to congratulate the General, who marched that day in ftate to WefiminHery and the next in triumph with his whole Army through the City, the Souldiers as if they had obtained fomfe fignal Viftory carrying bayes in their Hats 5 and the General taking pofleftion oftfae Tower, of which the Parliament at their firft re-fitting had made him Conftable; in which the Citizens after inviting him to a Feaft, defired him to continue Collonel JV'eji his Deputy Lieutenaht; but he refufed, telling them, He had appointed a Citizen, one of his own (or rather one of CromweBs) Collonel Titchborn. CHAP. LXXIX- Tropofitions fent to the IQng The beginning of the Jgita* tcitors-y The K}ng efeapes to the Ifle of Wight, the firß Treaty there• Votes of ISlon Adirejs. THe Army had now effefted their long-wifhed for defign of marching up to London, there to curb both Parliament and City, and to make them aft according to their prefci iptions. Nor was this opportunity gi¬ ven them but by their own contrivance, and the furtherance of their party; bnt now being come up, it was very requifite for them to purge away all fuch whom they found fo oppofitc to their Anarchical defigns, but firft it was fitting that an Ordinance fhould be pafled to make null and void all Afts pafled by thofe Members who coutinued in the exercife of their truft at H,, lni «tri» tilt of Cjreat B^tain and A$xi&* ax Weftminfter, whom the Army would needs haVe to be a forced Parlia¬ ment, and therefore it was in the Houfe propofed by fome of their party, Whether it fhould be put to the Queftion, whether that fitting from the 26th. of July to the 6th. of Anguß, was a forced or free Parliament > That this Queftion fhould be put, was carried in the Houfe by two voices, but that it was a forced Parliament, was carried in the Negative by more; though the Army had remonftrated, That not any of thofe Member* which did fit in the abfence of their Speaker, fhould prefume to continue in the Houfe,till fatisfaftion might be given oftheir intention to raifea new War, and imbroyle the Kingdom, by contriving the Kings coming to the City,and be brought to condigne Punifhntent,by the Judgement ofa free Parliament; Thofe who the Army in their Remonftrance chiefly aimed at, were thofe XI. Members before impeached, who formerly had had liberty from both Houfes to travel at pleafure, but now upon the running away of the two Speakers to the Army, had liberty to return, to fit and vote inthe Houfe ; but now the Army had fo violently broken in upon all privileges of Parlia¬ ment, they thought it the moft fecure courfe to provide for their own fafe" ties, and therefore V. of them, viz. Hollit, Stapleton, Leva'n, Clotsvorthy and Long, were tranfporting themfelves beyond Sea, but by a Veflel manned by Major Redmans Command, under Captain Lamming, they were overtaken within fix m'des of Calais ^ and forced to furrender, and by the find Lamming brought back into the Downes, and delivered to Vice Admiral Batten, then riding there, who with a Check to the Seamen that brought them back j were by him difmifTed, and permitted to go over, where being arrived, Sir Philip Stapleton falling fick in the Town of Calais, and London being then in- fefted with the Plague, the Townfmen fearfull of him, turned both him and the reft out in the way towards Flnflting, Sir Philip dying in a ditch in the high-way, but the reft getting fate thither i But though thefe efcaped, yet others fell under the Armies lafh, fuch were Mr. Glyn Recorder of Lon- Aon, Sir John Maynard, and Mr. Baynton, Members, who were impeached of High-Treafon,and Captain Macquire was condemned at the Old-baily for the Murder and riot in Guild-hall, but he having fome great friends among the prevailing party, on the very day on which he fhould have been execu¬ ted, was reprieved, and after pardoned ; Nor were the Lords lefle willing then the Commons in impeaching feveral of their Members, as the Earls of Suffolk Lincolne and Middlefex, the Lords IVilloughby of Par ham, Hun fdon ^ Miynard and Berkley, for levying War againft the King, Parliament and King¬ dom, yet they were never proceeded againft, but only endured a nafty im- prifonmentjto bring them to a complyance; Nor was it thought fit that the Citizens fhould efcape, and therefore their Lord Mayor, Sir John Gayer, AU derrnan Culham, Bruce, langham and Adams, committed to the Tower, Captain Mufgrave, and about fifteen Citizens, and one Mr. Melton a Minifter, indifted of High-Treafon at the Kings-Bench bar, Col.Laurence,Co\.Hookgrj and Captain Jones, impeached of High Crimes; nor was this enough, to curbe the City, but their power over the Militia of the out-Hamlets wa» quite taken away: thofe for Weftminfter, Southward and the outParifhes, committed to particular Commiftioners, and that of the Hamlets of the Tower, to thecare of the Conftable Sir Thomas Fairfax, and befidesall this, all the Forts, Guards and lines of Communication, were ordered to be dig¬ ged down, that the Army at pleafure might have free paflage into the City, which muft not only bear all thefe affronts,but likewife pay for them : the Army declaring, That for what time the City default and delays had occa- fioned the ftay of the Army thereabouts, the Charge fhould be laid upon them and their Adherents about che City, and to that effeft they com¬ mand them to advance a months pay to the Army, as a gratuity, and fifty thoufand pounds for the neceflicy of the Army, that they might not be in- forced to burthen the Country with Free-quarter, and all this to be paid F f within 109 164-7 j. II 111; ■ .! ?! II Jill WLW 110 '7 be Civil! 1647 within two dayes, otherwife they threaten to difpofethemfelves for the lea- vying of it; Nor are the Parliament now they are fo near them, exempt from their peremptory demands, as fisft, That a Committee of the Parlia¬ ment might refide in the Army, to audite their accouns of the Armies ar¬ rears, as well forthe pay refpited upon the publique Faith, as otherwile for their Service under this General, or any other refpeftive Commanders in the Paxliaments Service, which is co be made an tinqueftionable debt 5 That the Rilhops, Deans, Chapters and Fori eft lands, might be fold for the payment of the Armies arrears; That an Ordinance bepafled that noper- fon that was or Ihould be in the Army, Ihould be imprelfed upon forein Service, nor any Horfe man be ever forced to ferve on Foot in any future Cafe; That an Aft Ihould bepafled for the freedom of Apprentices that had ferved the Parliament, and provifion for the maimed Souldiers, Wick- dows and Orphans, and that an Aft of Indempnity for the Souldiers, for any Aftion, Petition or Papers, agreed on at Waiden in March laft, or any thing elfein relation to the Army. Thefe defires of theirs the Parliament were not only forced to condefcend to, butlikewifeto give the 300Q0L as a gratuity,and a months pay out of their own Trealiiries; In themes«» time the Pr opofitions for peace were concluded on by both Houfes, and ra¬ tified by che Aflembly o f Scotland, being the fame in effeft (though there were iome alterations) w ith thofe fent by the Parliament to him at New- tafile, tbeie now were by the Earl of Pembroke, the Lord Montague, Sir Janus Harrington, Sir John Cool{, Sir John Holland, Major General Brown, Com- miflioners for the Parliament; and the Earl of Lauderdale, and Sir John Erf- kin for Scotland, prefented to his Majefty at Hampton Court, whither the Aimy, now keeping their Head-Quarters at Putney, had brought the King, and where he was attended with fome refpeft to his State: The King up¬ on the receiving them, told the Commiffioners, That though the Propofi- tions were long, and had been longer debating, yet they Ihould have a ipee- dyAnfwer, and accordingly the next day he delivered them this in writ¬ ing , ( viz. ) C. R. His Majeßy cannot but be pafftonately fenfible (as he believes all his good Suhjtfis are) of the late great dtftrafiions, and ftill languishing and unfetled State of the Kingdom, and he calls God to witneffe, and is willing to give tell'monies to all the world of his readinejje to contribute hù utmoli endeavours, for tae rejloringof it to a happy and flour ifliing condition; His MajeJiy having peru fed the Propofltms now brought to hint, finds them the fame in effefi which were tffred him at New- caftle. To fome of which, as he could mi confent without violution of his Confciewt and Honour, fo neither can he agree toothers now concerning them,in many re- fpeäs, more dif-agreeable totheprefent condition of affairs, then when they were for¬ merly prefented unto him, as being deftruftive to the many principal lnterefts of the Army, and of all thofe whofc affe&ions concur with them, And his Majefty having feen the Propofalls of the Army, to the Commifftoners from his two Houfes, refiding with them, and with them to be treated on, in order to the clearing and [ecurity of the Rights and Liberties of the Ringdom, and the fetling of a juft and lafting Peace. 7o which Propofalls, as he conceives his two Houfes not to be fir angers, fo he believes that they will thinkjwith htm,that they much more conduce to the fatisfalhon of all Inurtfis, and may be a fitter foundation for a lafting Peace, then the Propofitiens which at this time are tendred unto him : He therefore propounds, ( as the beft way in his judgment, in order tea Peace ) Jhi) his two Houfes would inftantly take into Confederation thofe Propofalls, upon whicbthere may be aperfonal Treaty with his Majc fiy, and upon fuch other Propofitions as his Majefty fhall make, hoping that thefai J. Propofalls may be fo moderated tnthe faidTeaty, as to render them more capable oj his Majeftiesfull Conceffton : Wherein he rcfolves to give full fat isfafiion to his People, for whatfoever fhall concern the Prot eft ant projeffm, with liberty to tender Petite:] % Ä: !&*? oftjreat Britain 4»e//and Perm their Preachers ) to takeaway his Majefties lifefor the good of the Kingdom, &c. But this Letter,as it increafed not any belief of their defign in his Majefty, fo neither did it make him alter his intentions; for the lame night Cromwell fent Poft to the Parliament, That the King being that night expefted at Supper , and theCommiflioners entring Iiis Cham¬ ber with Collonel Whaley found, his Cloak carelefly caft upon the ground bytheway into the Entry-Chamber, that leads to the back flairs down in¬ to the Vault by the River fide, That the King had left three Letters upon the Table, one of which was to the Parliament, and was thus, in 16 47 fl Cr 4111 4 PH ' . I; ' '! ill Vi MI rM' ft Fff C. Fv ziz 7"he Civil! iVärrcs : . y , pmt T Iberty being that which in oil times hath been, but efpecially now istheccm- iL _ . 1 'tnon ?heam and dcfireof all men; common recfon fhews that Kings lefsthan any fhould endure Captivity. And yet I call God and the worldtowitn/fs with what patience I have endured a tedious refiraint, which fo long as I had any hopes that this fort of my fufferings might conduce to the peace of my Kingdom, or the hin¬ dering of more (ffufion of blood 1 did willingly undergo. But now finding by too certain proofs that this my continued patience would not only turn to my personal ruine , but like wife be of much more prejudice than furtherance to the publicly good, I thought I was bound, as well by Nature as Political Obligations to feel^mj Safety by retiring my Self for fome time from the public iew both of my Friends and Enemies. And I appeal to allindifferent men to judge, if I have not juficaufe to free my Self from the hands of thofe who change their Principles with their Condi¬ tions, and who are not ajhamed openly to intend the defirufiion of the Nobility, ta¬ king away their Negative voyce, and with whom the Levellers doürine is rather countenanced than punijhed. And as for their intentions upon my perfoi/, their changing and fitting more firifi Guards upon me , with the difchargeof mofi of thofe Servants of mine who formerly were willingly admitted to wait upon mc, do fufficiently declare. Nor would I have this my retirement mif-interpreted-, for I (hall earnefily and unceffantly endeavour the fetling of a fafe and well-grounded peace where ever I am or fhall be ; and that ( as much as may be ) without the ef- fufion of more Chrijiian blood , for which how many times have'l defired,prefi to been heard, and no ear given to met And can any reafonable man thinly, lhat according to the ordinary sourfe of Affairs, their can be a fetled peace without it ? or that God will bloß thofe whorefufe to hear their King t furely no. Naylmujt further adde , that f be fides what concerns my felf ) unlcß all other chief inter efls have not only a hearing, but likgwife a juft fatisfaflion given unto them ( to wit the Presbyterian, Independents, Army, thofe that have adhered tome, and. even the Scots) I fay there cannot ( Ifpeakyiot of Miracles, it being in my opinion a fin- full prefumption on fucb cafes to expect or truli to them ) be a fafe or lafiing peace. Now as 1 cannot deny 5 but that myperfonalfecurityistheurgcntcaufeofthismy retirement, fo I take God to witnefs, that the publique peace is no leffe before my Eyes, and 1 can find no better way to exprefsthis my Profefsion ( I know not what a Wifer may do ) than by defiring and urging that all chie' interefls may be heard, to the end each may have juSi fat isfaction. As for example, the Army (for thereft, though neceffary, yet I fuppofeare not dificult to content) ought (in my judgement) to enjoy the freedom of their Confciences, have an Ah of Oblivion or Indempnity ( which fhould extend to all the refi of my Subjeds) and that all their Arrears jhouldbe duly paid,> which I will undertake to do, fo I may be heard, and that I be not hindered from fucb lawfull and honed means as Ifit all chufe. lo conclude, let me le heard withfreedomfhonor,and fffety,and Ifhall infiantly break-through this cloud of retirement, and (hew myfiflf really to be Pater Patriae His Majefties other t«vo Letters left on his Table were to Collonel Whaley, and the Lord Aiountague. To the fit ft, That be had been civilly ufed by him and Major Huntington, defiring his protection of his Houfhold-Jh ff and Movables which he left behind him, and affuring him , that it was not that Letter which he [hewed him that made him takp this Resolution. To the (ècond, Returning thankg to him for his and his Fellows (the Parliaments Commiffioners) Civilities and good Conier- fation, defining him to fend the former meffage to the Parliament, and all his Saddle Horfes to theDukf of York. Upon news of his efcape at London the Parlia¬ ment fent Pofts all wayes imaginable to find him out, and voted it confif- cation of Eftate and lofs of Life to any one who detained the Kings perfon in private , and revealed it not to the Parliament: but they might havefa- ved themfèl ves that labour, for by the means of the rainy, dark and cloudy Night fin which he loft himfelf in Wtndfor ForeftN> having got fomewhat out of reach, and paffing through Farneham to the Sea fide, yet miffed ofhis defign of getting to Jerfiey, the Ship failing to be at the place (ii any place were 7 ""I1) ||j|j|L MZ«w tt^, Urkii it lifting fij wfiÈrprtttlf, ftiiivtl-gnit it) wtbtfii i nwìdtfir^^; 'kiftitttàiti 'tljni tòjln «ItrclitfiM wt)tèem( tun top^wuS» KTjrttt|l[(ljliil kirI(mm ittrtjlsmijbtbn |;!ià or Wk lb/tiHtbnrE '/rj.mltbtth' illonel^' ifniüjto1 fcbitbbpt. ìmH"'1 I,HP luèt H tftP? 4 biw ftd» anjpfc fi 'of Qreat Britain and Ireland. were really ) appointed; whereupon fearing adifcovery, by no probable means to be prevented, it was refolved, That the King and Collonel Legg (hon Id that night lodge at Tedfeworth at theHoufe oftheCounteffe Dowager of Southampton near the Sea, and that the other two (hould ferry over to the Ifle of Wight 3 and feek out Collonel Hammond £ who as if for the pur- pofe had feme time before been made Governour there ) under whole af- furance, for his Brothers fake Dodtor Hammond his Chaplain, the King ho¬ ped for fome Friendfhip and Fidelity ; this defign was accordingly put in execution , tue Meflenger going with this Item , That unlefTe upon his Oath and Faith of Protection, fecrecy and freedom to the Kings perfon at ail times, they (hould not ditcover any more, than fignifie in general the Kings efcape from the eminent danger of Aflaffination; that his deine leads him to caft himfelf upon Collonel Hammond for Protection, which ifhe re- fufed, and (hould fecure their Perfons, the King and Legg by their not re¬ turning at the time prefixed might have opportunity ochei wife to difpofe themfelve^ : tuey being difpatched, the King fends Legg to the Counted of Southamptons , to tell her, that a Perfon of Quality, her dear Friend, defired the privacy of her Houfe that night, without difcovery; which (he ieadily aflents to. On the Sunday morning Mr. Afliburnekam and Sir lohn Berkley got over into the Ifland , and met with Collonel Hammond in his way towards Newport, whom they acquaint with the Bufineffe : and he tells them , That he wi(hed the Kings fafety as his Soul ; Nor (hould he be inqidfitive where he was, but were he in his Cuftody his Oath andlntereft to the Parliament being in ballance, he (hould befafefrom violence. But for the freedom and libei ty of his Perfon he could not anfwer it to his Superhours. This Anfwer, though not fatisfaCfory,nor according to their Commiflions, yet they being loath to be taken into Cuftody came over with Hammond^ and a Guard to the Countefles Houfe, And Aflobitrneham goes up and tells the King that Hammond was below at Supper , and had given afluranee of Honour for his Majefties fafety, but not of liberty to his pei (on: which the. King hearing, in paflion (hikes his hand upon his bread and replies, And ii this all, lam betrayed. Berkeley and Aflibumeham forry for their Unadviled- nefie would have made fome defperate attempt, but the King forbad it, and in this exrremity with a feeming willingnefTe went over with Hammond to Carisbrook^ Caftle who immediately acquaints the Parliament of his being there; Whereupon they immediately voted, That his Majefty (hould (fay in that Caftle in the Ifle of Wight, That none that had born Armes againft the Parliament, but Inhabitants that had compounded, (hould le- main in the Ifland , That no Delinquent nor Foremer (hould be admitted to come to the King, without leave of the Parliament of England and Scotland, and that the Propofitions (hould be fent to him on the 27th. of November, That five thoufand pounds (hould be advanced for his accommodation, That his Houftiold (hould bediffolved, and That it (hould be confidered who (hould attend him : They likewife writ to Hammond to fend up chofe pèiTons who had attended the'Kingthither: which Hammond Souldier-like refufed , and likewife complained, That the accommodations for the King were no wayes fuitable to his Quality. His Majefty being thus fallen out of one Trap into another fends this Meflage to the Parliament of his Concefii-- ons for peace, and the reafons why he could not aflent to thofe Propofitions fent him to Hampton Court. c. H. HI Majefty is confident that before this time, his two Houfes of Parlia¬ ment have received the Meffage which he left behind him at Hampton Court, the nth. of this Month, by which they will have underftoodthe Reafons which enforced him to go from thence, as likewife his conftant en¬ deavours for the (etlingof a fate and well-grounded Peace, wherefoever he Til'il iflRflr • pjjjli ■ 1 ('1; if , ' . fltflj H ' , I y ' I Mm || , : \ '.'in ; Majefty very well knows the confequence of taking that away,by returning of all Tenures into Common Soccage, as well in point of Revenue tothe Crown, asin the pro- teftion of many ofhis Subjefts being Infants. Never thelefle if the continu¬ ance thereof feem grievous to his Subjefts, rather than he will fail on his pair in giving fatisfaftion;He will confent to an Aft for taking it away,fo as a full recommence be Cètled upon his Majefty and his Succeflors®in perpetuity, and that the Arrears now due be referred unto him towards the payment of the At rears T the Army. And that the memory of thefe late Diftraftions may be wholly wiped away, his Majefty will confent to an Aft for the ftip- preiling and making null of all OathSjDeclaration^andProcIamadons againft both or eitiiei HouLe of Parliament, and cfall Indiftments and proceedings againft If, 1ft : 1 (Bpg K11 III,\1 jf! m I ft mm Li lilt t mm »&< ■ m ■a p n' 1'i: 1 116 1647 jl it' •! jil. f Jill IIA ' . r; m 7be Civil! iVartes againft perfons for adhering to them. And his Majefty propofeth ( as the beft expedient to takeaway all feeds offuturedifferences ) that there be an Aft of Oblivion to extend to all his Subjefts. As for Ireland, the Ceflation theie is long fince determined, but for the future ( all other things being fully agreed ) hfs Majefty will give fatisfaftion to his two Houfes of Parli¬ ament concerning that Kingdom. And although his Majefty cannot confent in honour and juftice to avoid all his own Grants and Afts paffed (ince the two and twentyeth of May 1642. or to the confirming of all the Afts and Grants paffed under that made by the two Houfes. Yet his Majefty is con¬ fident that upon perufal of particulars he (hall give full fatisfaftion to his two Houfes to what may reasonably be defired in that particular. And now his Majefty conceives that by thefe his Offers ( which he is ready to make good upon the fettlemencofa peace) he hath clearly manifefted his Intentions to give full fecurity and fatisfaftion to all Interefts for what can juftly be defired, in order to the future happineffe of his people, and for the perfefting of thefe Conceflions, as alfo for fuch other things as may be propofed by the two Houfes, and for fuch juft and reafonable demands as his Majefty (hall find neceffary to propofe on his part; he earneftly defires a Perfonal treaty at London with his two Houfes in honour, freedom and fafety , it being in his judgement the moft proper, and indeed only means to a firm and fetled peace, and impoflible without it to reconcile former, or avoid future mif-underftandings. All thefe things being by Treaty perfe- fted, his Majefty believes the Houfes will think it reafonable, That the Pro- pofals of the Army concerning Succelfions of Parliaments and their due ele¬ ctions fhould be taken into consideration. And for what concerns his King¬ dom of Scotland, his Majefty will readily apply himfelf to give all reafonable fatisfaftion when the defire of the two Houfes of Parliament on their be¬ half, or of the Commilfioners of that Kingdom, or of both joyned toge¬ ther, (hall be made known unto him. Ißeof Wight, 17 Novemb. 1647. To thefe fo gracious Conceflions of the Kings the two Houfes returned no Anfwer, till again earneftly preffed by his Majefties meffage of the fixth of December. They refblved to fend him four ( as one called them ) Un¬ throning Bills, to which if he affented it would draw on a Treaty ofthe other particular Propofitions, concerning which they were then corn- pleating; but upon further confederation it was thought fit that the King fhould a little more exercile his patience, till fuch time as the Bills & Propo¬ fitions could be fent together, which were foon after carryed by the Scotilh Commiflioners, who prefented the King the day after the Propofitions had been delivered to him, with a Paper ofdiffent from them, declaring, That the new Propofitions and Bills prefented to his Majefty were fo prejudicial to Religion, the Crown, and the Union and Intereft of the Kingdoms, and fo far different from the former proceedings and engagements between the Kingdoms, That they could not concur therein , and therefore did in the name of the whole Kingdom of Scotland diffent from them. The Propofiti¬ ons were ineffeft the fame as had been fo often fent; but the four Bills were fuch things as no reafonable man would have imagined could have been fent; as firft, That it fhould be iawfu.ll for Parliaments for the future to order the Militia without the Kings confent, and to raife what Amies they pleafed , and that all others under pain of Treafon fhould be prohibi¬ ted to affemble above the number ofThirty perfons, w ithout Authority of Parliament; That it fhould be Jawfull for the Houfes to fit and to ad¬ join n their fitting to what place they pleafed, and to affemble at what time foever at their own difcretion; That all the Oaths,Interdiftions and Decla¬ rations fent forth in publique againft either Houfes fhould be accounted and declared void s That whomfoever of the Nobility the Kitig had dignified with ift ,!l Kjiljk I w Wieg '4 KS«* Mtpitticulir, jy whidiheis tadti ilJkf* j J iliffltf tii- iii of (jreat Britain and Ireland. with Titles fince the time ofhis, and the carrying away of che Great Seal ffiould be degraded of their Honours ; Thefe the King thought mod un- reafonible to be granted before a Treaty , yet to ffiew his willingneffe to give fatisfattion to his two Houfes, he delivers a Letter fealed up to the Commiflioners, (hewing his reafons why he refuted them; butuponthe de¬ livery of it the Earl of Penbigh chief Commiffioner defired his Majefty that though«*, they were only intrufted to bring the Parliaments remands in writing, arid not to treat, yet that he would diftingniffi them from ordinary Commiflioners, and fuffer them to fee what was written; Whereupon his Majefty commands Mr. AJhburneham to read hisMefTage, which was thus, C. R. THe neceflity of complying with all engaged Interefts in thefe great Di- ftempers for a perfeft fettlement of peace > his Majefty finds to be none of the leaft difficulties he hath met with fince the time ofhis Afflittions. Which is too vifible, when at the fame time that the two Houfes of the Eng- liffi Parliament do prefent to his Majefty feveral Bills and Propofitions for his confent; the Commiflioners for Scotland, do openly proteft againft them. So that were there nothing in the Cafe but confederation of that Difference, his Majefty cannot imagine how to give fuchan Anfwer to what is now pro- pofed, as thereby to promife himfelf his great end, a Perfctt Peace. And when his Majefty further confidershow impoflibleit is ( in the Condition he now ftands ) to fulfill the defires of the two Houfes, fince only the antient and known wayes of parting Laws are either by his Majefties perfonal aflent in the Houfe, or by Commirtion under the Great Seal of England , He cannot but wonder at fuch failings in the manner of Addrefle which is now made unto him, unleffehis two Houfes do intend that his Majefty ffiall allow of a Great Seal made without his Authority, before there beany confederation had thereupon in a Treaty; which, as it may hereafter hazard the fecurity it felf fo for the prefent it feems very unreafonable to his Majefty. And though his Majefty is willing to believe that the intentions of very many in both Houfes in fending, thofe Bills before a Treaty, was only to obtain a Truft from him , and not to take any advantage by parting them, to force other things from him, which are either againft his Confcience or Honour ; Yec his Majefty believes it 'ear to all underftandings, that thefe Bills contained C as they are now penned j not only the diverting himfelfofall Soveraignty, and that without poffibility ofrecovering it either to Him or his SuccefTors, (except by repeal of thofe Eills) but alfo the making ofhis Concertions guil¬ ty of the greateft preftures that can be made upon the Subjeft;as in other particulars , fo by giving an arbitrary and unlimited power to the two Hou¬ fes for ever, to raife and leavy Forces for Land or Sea-fervice, of what Per- fons (without diftin&ion or quality) and to what Numbers they pleafe. And likewife for the payment of them to levy what Mony in fuch fort, and by fuch wayes and means ( and confequently upon the Eftates of whatfoever Perfons) they ffiall think fit and appoint, which is utterly inconfiftent with the liberty and property of the Subjeft, and his Majefties Truft in proteft- ing them. So that if the major part orboth Houfes ffiall think it neceffary to put the reft of the Propofitions into Bills, His Majefty leaves all the world to judge how unfafe it would be for him to confent thereunto. And if not, what a ftrange Condition ( after the pafsing ofthefefour Bills ) his Majefty and all his Subjetts would be caft into. And here his Majefty thinks it not unfit to wiffi his two Houfes to confider well the manner of their pro¬ ceeding : That when his Majefty defires a Perfonal Treaty with them for the fetìing of peace , They in Anfwer propofe the very fubjeft matter of the molt effential part thereof to be firft granted. A thing which will hardly be credible to Pofterity ; Wherefore his Majefty declares, That neither the G g defii e 117 rwwn 16 47 it li ff| !,1 The Civill iVarres defire of being freed from this tedious and irkfom Condition of life his Majefty hath fo long fuffered, nor the apprehenfion of what may befall him, in cafe his two Houfes (hall not attend him a Perfonal Treaty, (hall make him change his Refolution of not confenting to any Aft till the whole peace be concluded. Yet then he intends not only to givejuft and reafonablefa- tisfaftion in the Particulars prefented to him, but alfo to make good all other Conceffions mentioned in the Meflage of the 26th. of November laft, which he thought would have produced better effefts than the Bills and Propositions now prefented unto him. And yet his Majefty cannot giveo- ver, but now again earneflly preffe for a Perfonal Teeaty Cf° paffionately is he affefted with the advantages which peace will bring to his Majefty and all his Subjcfts,) of which he will not at all defpair (there being no other vifible way to obtain a well-grounded peace. ) However his Majefty is very much at eafe within himfelffor having fulfilled the Offices both of a Chrifti- an and a King, and will patiently wait the good pleafure of Almighty God to incline the hearts of his two Houfes to confider their King, and to com¬ panionate their Fellow-Subjefts miferies. Carùbrooì^Cajìle. Decemb. 29. 1647. This Meffage read, it was delivered to the Commiffioners, who had fcarce taken their leaves and gone towards Newport s butColIonelHaw- mtid turnes all the Kings Servants and Attendants out of the Caftle, the fuddeneffe of which a ftioufo amazed the King, that he demanded of Ham¬ mond whether it were fuitable to his Engagement, and for a man of Honour or honefty to deal fo with them, who hadcaft themfelves fo freely upon him > and whether the Commiffioners were acquainted with it ? To which Hammond anfwered , That they were not, but that he had the Parliaments Authority to do it; And that he plainly iaw by his Anfwer to the Propofi- tions , that he afted by other Councils than flood for the good of the King¬ dom. Do you infer that ( fayes the King ) from my Anfwer, and therewith commanded a/*?fltburnham to read it; which being done, Hammond re- plyed to all, That he hoped the Houfes good liking of it. To which his Majefty replyed, That he dürft for once be a Prophet, for if ever the Parlia¬ ment returned anfwer to that let him never be believed, but infteadofic they would thank the Governour for his feverity , an J fend him a Gratuity; which they indeed foon after did. But in the mean time the people ofthe Bland werefo incenfed at this ufageof the King, that a Mutiny had like to have happened , one Captain Bayly fomewhat too hot-fpirited, beating a Drum in Newport, and crying out, For God, the King, and the People, for which he was afterwards condemned byafpecial Commi(sion of Operand Terminer at Southampton, and executed. But this Mutiny was made by the Parliament, a dangerous defign to furprize the Caftle, releafe the King, and other ftrange impofsibilities. However Vice- Admiral Rainsborw^h is fent with a part of the Fleet to guard the Kland , and Forces are drawn to¬ wards the Garrifons next adjacent to it for greater fecurity, and all this to amaze the people, whilft the Parliament upon reading the Kings an¬ fwer to their Bills and Propofitions pafle thefe Votes. Fiift, That the Houfes for the future ffiall make no more Addrefles to the King, neither by themfelves, nor any other Perfons, without leave firft obtained of both Houfes, and That no Meffenger or Paper (hould at any time be received from him, and That whofoever (hould aft contrary to thefe Votes (hould in¬ cur the penalty of High Treafon; and to juftifie thefe Votes they publiffi a Declaration improving to the greateft advantage of Scandal whatever^ er¬ rors could be imagined, either in the Kings Convei fation or Government .* charging him about his Fathers death, the lofle of Kochel/, The Maflacre and Rebellion in Ireland; and concludes, That he had not only forgot his Duty to the Kingdom, but cart and refpeft to Himfelfand Family, and that they could C°»5li cannot^ f" pillQt lisMiiè, 119 i/v>j of (jreat Britain and Ireland. could multiply reafons,will make no more Addrefles,&yet would ufe their utmoft endeavours to fettle the prefent Government as might beft (land * £ a rj with the peace and happinefle of the Kingdom. Yet this Declaration no- . . thing fatisfied the people, who though they knew their juggling, and that " ~ thefe Votev had been paflfed in a thin and lifted Houfe, yet ftood in a maze what Government would be fet up now the King was laid by; but the bet¬ ter to make the Bufinefle rellifh with the people the Army publifhed their Declaration, wherein they freely and unanimoufly declare , That they were refolved, through the grace of God, firmly to adhere with and ftand by the Parliament in their faid Votes, and in what fhould be further necef- fary for the profecution thereof, and for the fetling and fecuringof the Parliament and Kingdom without the King, and againft him, or any other who fhould partake with him. The King himfelf being now not permitted to make Addreffes to the Parliament, of which, by Law, he is Supi earn head, thus complains to the People , A MI thus laidafiide > and maß I not fpeai^for myfelf? Ho ! I will fpeak,, and A»' that to all my People, ( which I would have rather done by the way op my two Houfes of Parliament, but that there is a publique Order neither to make Addreffes to, or receive Mtjjages from me) and who but you can be Judge of the Differences betwixt me and my twoHoufes ? 1 kjtow none elfe; For I am fureyou it is will en¬ joy the happiueffe, or feel the mifery of good or ill Government; and we all pretend who fhould run fafteß to ferveyou, without having aregard{at leaßintbefirfi flace ) to particular Intereßs. And therefore I defireyou to confider the fiate I am and have been in this long time,and whether my AUions have more tended to the pub- lique or my own particular good, for wbofoever will lool^upon me barely as I am tt Man,without th at liberty ( which the meanejl of my Subjects enjoy es ) of going whi¬ ther , and converfiug'with whom I will As a Husband and Father, without the comfort of my Wife and Children : Or laftly, as a King, without the leallfi>ew of Authority, or Power to prctefi my dißreffed Subjetts-, muß conclude me not only void of all natural affedion, but alfo to want Common underßanding, if I fhould not molt cbearfully embrace the readieft way to the fettlement of thefe diftrafted Kingdoms. As alfo on the other fide do but confider the form and draught of the Bills lately pre- fented unto me, and as they are the Conditions of a Treaty, you will conclude, That the fame Spirit which hathßill been able to frufirate all my finctre and conftant Co¬ venants for peace,bath had a powerfull influence on hü M'Jfage-,for though I was ready ■ to grant the fub ft ance, and comply with what they feem to de fire, yet as they had fra¬ med it, 1 could not agree thereunto without deeply wounding my Confidence and Ho¬ nour, and letraying the trufi repofed in me,by abandoning my people to the Arbitrary and unlimited power of tbelwo Houfes for ever, for the leavying and maintaining of Land or Sea-forces, without diflinfiion of Quality, or Limitation of Mmy-'t axes', And if I could have puffed them in terms, how unheard of a Condition were it for a Treaty to grant before-hand the maß confider able part of the fubjeU matter 1 how ineffeftual were that Debate likg to prove , wherein the moft Potent party had nothing of moment left to asland the other nothing more to give ? fo confequently bow hope- leffe of mutual complyance ? without which a Settlement is impofsible. Befides, if after my Concefsion, the two Houjesfhould infifi on thofe things f rom which 1 can¬ not depart, how defperate wouldthe Condition of thefe Kingdoms be', when the moft freper and approved Remedy flsould become inefletiual ? Being therefore fully re¬ folved, that I could neither in Confidence, honour or prudence pajfe thofe four Bills, I only endeavoured to make the reafons and jufiice of my denyal appear to all the world tis they do to me Intending to give at little dif-fitisfaüion to the two Houfes of Pa liament ( without betraying my ownCaufe ) as the matter would bear. I was defirous to give my Anfwer of the 28 th. of December laß to the Commiffioners, fea- led ( as I had done others heretofore, and fometimes at the defires of the Commissio¬ ners ) chiefly becaufe when my M-jfages or Aufwers were pukliquely known before they Gg 2 1 i ■ Ii 1 The Chili W&res they were read in the Houfel, prejudicial interpretations were forced on them, much differing, and femetimes contrary to my meaning- For example , my Anfwer front Hampton Court, wen accufcdof dividing the two Nations, becaufe Ipromifedto gize fatnfadion to the Scots in all things concerningfhat Kingdom. And this laß fußers in a contrary fence , by makjng me intend to interefl Scotland in the Laws of this Kingdom, (then which nothing was,nor is farther from my thoughts) be¬ caufe I tookjiotice of the Saots Commifsioners proteßing agltinß the Bills and Propo- fitions as contrary to the Intereßs and Engagements of the two Kingdoms. Indeed if I had not mentioned their diffent, an ObjcÙion not without fome probability might have been made againfi me, both in refpecithe Scots are much concerned in the Bill for Militia , and in fever al other P ropofitions, and my filence might with feme ju/lice have feemed to approve of it. But the Commifsioners refufing to receive my Anfwer feakdjl ( upon the Engagement of their and the Covernours Honour, that no other ufe fiiould be made or notice taken of it, then at if it had not been feen ) read and delivered it to them. Whereupon what hath fince paffed either by the Gover- naur in difcharging moß of my Servants, re-doubling the Guards, and reflraining trie of my former Liberty, fand all this, as himfelf confefl, merely out of his owndif- hkgof my Aafwer,notwithßanding his beforefaid Engagement ) or afterwardj by the two Houfes ( as the Governour affirms ) in confining me within the Circuit of this Cafile. I appeal to God and the World, whether my faid Anfwer deferved the reply of fuck Proceedings. Be fides, the unlawfullneffe of Subjeüs to imprifon their King, That by the permiffm of God 1 am reduced to this fad Condition as I no way repine, fo am I not without hope but that the fame God will in dute time convert thefe Affli- Sions into my advantages. In the mean time I am confident to bear thefe Croffes with patience and equality of mind : But by what means or occafion 1 am come to this re- lapfein my Affairs I am utterly to feek^, fpecially when I confider, 'I hat I have fa¬ ctificed to my two Houfes of Parliament for the peace 9f the Kingdom , all, but what is much more dear to me than my Life, my Qonfcienoe, and Honour , defiringno- thing more than t« perform it in the moß proper and natural way,a Perfonal Trea¬ ty. But that which makgs me mofi at akße is, the remembring my fignal comply- ance with tbe Army and their intereß, And what of importance my compliance was to them, and their often repeated Profefsion and Engagement, for uty juß Rights in General at New Market and Saint Albans, and their particular explanation of thofe Generals by their voted and re-voted Propofals; which I had reafon to underfland fiiould be the uttermcü extremity expetted from me, and that in fome things therein I fiiould be eafed ( herein appealing to the Confciences of fome of tbe chief Officers in the Army, if what I have faid be not punctually true) and how I have failed of their expectations, and my Profefsions to them, I challenge them and the whole World to produce the leafi colour of Reafon. And now I would kgtow what it is that is defused: Is it Peace 1 I have fhewed the way f being both willing and defirous to per¬ form my part in it) which is a juß complyance with all chief interest: Isit Plenty and Happineße ? they are the infeparable eßeCis of Peace : Is it Security.? I, who could wiffi nil men would forgive and forget hkg me, have offered thefdiliti* . for my time : Is it Liberty ofConfcience ? he who wants it is moß ready to give : Is it the right administration ofjußice ? Officers of Trufl are committed to the cboyce of my two Houfes of Parliament : hit frequent Parliaments ? I have legally,fully concurred therewith : Is it tbe Arrears of the Army ? upon Settlement it will cer¬ tainly be paid with much eafe , but before there will be found much difficulty, if not impofsibility in it, Thus all the world cannot but fee my re aland unwearied en¬ deavours for Peace, the which (by the grace of God*) IfliaU never repent me of, nor ever be fiackcned in, notwhhßanding my paß,prefent,or future frjfirings •• but if I may be heard, let every man judge, who it is obfirufis the good I would or might do: what is it that men are afraid to hear fromme ? it cannot be reafon, ( at leafi none will declare themfelves fo unreafonable as to confeffe it) and it can leffe be imper¬ tinent and unreafonable Vifcourfes', for thereby per adventure I might more jullifie this my Kefir aint, thantheCaffct'sihemfelvescandoi fo that of all wonders yet of Cjreat%ritain and Ireland, $ this is the greatett to me : But it may be eaftly gathered how thefe men intend to govern who have ufed me thus; and if it be my hard fate to fall together with the Liberty of England, I fhall not blujh for my Self, but much lament the fu¬ ture miferies of rny People, the which I pray God to avert whatever becomes of me. Thus being denycd Addreffes to his Parliament, his Majefty appeals to the People, vvhilft in the mean time the care of his ftrift Cuftody is com¬ mitted to the Governou-r, with power of placing and difplacing his Ser¬ vants , fo that he had only eight Perfons to attend, and was confined with¬ in the bounds ofthe Caftle, of which hard ufage and the fti i&neffe of his Guards,expoftulating with Hammond, he once with fome Notion told him, That he might yet erelong be beholding to one of his Sons for his life. But how his miferies wrought in the hearts of his People, though it moved not his hard hearted Guardians, will foon appear. Ill 1647 CHAP. LXXX. Vifitation ofOxford Uninjerjìty^ lnfurreH'm in Londotij Poyer and Laughorn revolt in Wales 3 they are routed and taken Trifoners. THe Parliament having in their Subjeftion thofe two Nurferies of Learn¬ ing, the Univerfities of Oxford and Cambridge , thought it a thing ve¬ ry effential to their defigns to extirpate out of them all fuch as favour¬ ed Epifcopacy, and model them to their own ftrain of Presbyterie, to which effeft the Earle of Manchejler made Chancellour of Cam¬ bridge , had made a Vifitation there, where he fo vigoroufly execu¬ ted his Power, That he not only expelled mod of the Members out of other Colledges., but thruft both root and branch, young and old, out of Queens Colledg-e, leaving it emptie to New Poffef- fors b and the laft year the Parliament had appointed fome of their own Members , to wit, Sir Nath. Brent, Mr. WSiam Prynne, with Mr. Rey¬ nolds, Mr. Cheyneli, Mr. IFilhgnfon, Mr. Harris, Mr. Palmer, and others, to en¬ quire, hear, and determine all Crimes, offences, &c. in the Univerfity of Oxford, but efpecially to look into the Not taking of the Covenant: Thefe accordingly fent their Summons; but had anfwer from the Delegates of the Univerfity, That they humbly conceived they could not acknowledge any Vifitors, but the King, or his immediate Subftitute,which they were bound to defend by legal Obligations, by their late proteftation , as his Majefties undoubted rights, and alfo were obliged by divers Statutes to maintain it, and could not fubmit otherwife without manifold and multiplyed perju¬ ries : And this they hoped to make more evident betöre their proper and competent Judges, and to anfwer whatfoever crimes or mifdemeanours fhould be laid to their Charge. But notwithftanding this Proteftation, the Vifitors proceed to make inquiry oftheneglett in taking the SolemnLeague and Covenant, and Negative Oath; as likewife to look who they were, that oppofed their obedience to the Difcipline and Dire&ory, or did not promote it in their feveral places and calling: Upon which, The Mafters, Scholars, and other Officers and Members ofthat Univ,erfity ; Not to judge fas themfelves faid > the confidences of others, buc to clear themfelves before God and the World from all fufpition of Obftinacy, whilft they difr charged ruw . 16 4^ ' 'f.'i I ■ limit1 • , Iii III ' >:-i fit: ! IX. Hl 1 be Chill Carres charged their own. Prefetited to confideration the true Reafons of their I 6 4- 8 Judgement, concerning the faid Covenant, Oith,and Ordinances, expeft- * ing lo much Juftice, and hoping fo much Charity, as either not to be pref- fed to conform co what was required in any of the premifeu, further than their prefent Judgement would warrant them, or not condemned for refu- fing fo to do, without real and clear fatisfaftion given to their Scruples; which were fiift againft the Preface of the Solemn League and Covemnt; for they could not conceive Entring into fuch a Covenant to be a lawfull, proper and probable means to preferve themfelves and their Religion from mine and deftruftion : nor could they believe the fame to be according to the Commendable praftice of thefe Kingdoms, or the Example of Gods peo¬ ple in other Nations, when they found not theleaftfootftepsinourHifto- ries of a fworn Covenant ever entred into by the People of this Kingdom, upon any occafion whatfoever, nor could they remember any commend¬ able example of the like done in any other Nation, but were rather told by * M,* Nye Co- the Defenders of the Covenant themfelves, * That the world never fare the lily venant and before. Secondly, They were not fatisfied with the Covenant in grolle,how Nanaiive, p. could they fubmit to the taking of it as it was impofed under a Penalty > re¬ pugnant to the nature of a Covenant, which ought to be a voluntary mu¬ tual confent of the Contraftors, not compelled, factum eft duorum plurium- ve in idem plautum confenfus. Nor could they take it without betraying the Liberty which they fwore with their Livesand Fortunes to preferve, as was expreffed in the Petition of Right, and by the Parliaments Declarations ac¬ knowledged to be contrary. Nor Thirdly , Without acknowledging in the Impofers a greater power than could confift with their former Proce- ftatiotis, nor yet could they in Wifedom or Duty being Subjefts enter into a Covenant, wherein he, whofe Subjefts they were, was any wife concerned, without his confent; It being in his Power, by the Equity of the Law, to make void , and annul the fame at his pleafure; and more, the King had by his publique lnterdift exprefly forbidden the taking of it. Then libewife they except againft feveral Branches in the fix Articles, And concerning the Negative Oath they could not take it without forfeiture ofthat Liber¬ ty , Nor take any Oath unlefle eftablifhed by Aft of Parliament, without abjuiing their National Allegiance, violatingthe Oaths of Supremacy and Allegiance, whereby every Subjeft was bound to aflift his Prince and Sove- raign at allfeafons when need fhould require, 11H.7. 18. and without di¬ minution of his Majefties juft Powerand GreatnefTe; As concerning the Difcipline and Direftory, they were not fatisfied how they could fubmit to Ordinances of Parliament not having the Royal affent, contrary to the Laws of the Land, and alfo pretend by Repeal to Abrogate them , A lefler power to Annul the Aft of a greater, efpecially the whole Power ordering all matters Ecclefiaftical, being by the Laws forever annexed to the Impe¬ rial Crown of this Kingdom. For as for the Difcipline and Government alfo they could notaflent, without the eradication ofa Government of Reverend Antiquity in the Church , continued and confirmed by the Laws and Charters of the Kingdom, which the Succefli ve Kings at their Co¬ ronations had fworn to prelerve For the Direftory,they could not, with¬ out regret of Confcience, confent to the taking away of the Book of Com¬ mon Pl ayer, which they have fubferibed unto, and have ufed in their Chur¬ ches, to the comfort of theirSouls, and was juftly defenfibie, and main¬ tained by Godly men , and which they fhould be able to juftifie againft all Papifts,and other Oppugnersand Depravers thereof: It being eftabJilhed by Aft of Parliament, exprefly commanded to all Minifters to ule the fame, and fevere Cautions of punifhment to the Refufers, &c. Thus having clearly and freely reprefented their prefent Judgements concerning tire laid Covenant, Oath and Ordinances, they only defired (that if any Angle Scruple or Rea¬ len in any of the premites remained unfatisfied, the whole Confcience would remain of, Cjreat Britain audireland. fying and reforming the Univerfity of Oxford, with a Vote paffed in the Honfea "That all fuch Maliers, Fellows, and Officers there as refufed to fubmit to the fewer, ffiould be expelled the Univerfity. Upon which a general purge was gi¬ ven to all Colledges, but more efpecially to Chriüchnrch and Magdalene College, in which lad they del'cended as low as theChorifters; Nay to the very Cook; but having finifhed this purgation, let us return. We left the People murmuring at the Parliaments hard ufageof the King, and amazed, what Government they fhould now be fubjett to, fince he was laid by. But the firft efte&s of their difcontents appeared in Wales: though at fit ft, 1 fup- pofe, begun by the Chiefs, more out of felf-intereft, than hearty well- wifhing to the King. Col. Foyer was the firft that began, who being by the General intrufted with the command of Pembroke caftlein Southwales, refu¬ fed to furrender at his or the Parliaments appointment, till he had his ar¬ rears; and preparing for a fiege in defiance ofthe Parliaments Order, with him likewife Col. Laughorne with a party of Revolted Foot ( having poffel- fed themfelves of Tenby caftle, and fent the Parliaments Commiftioners pii- fbners to Pembroke ) joynes, and Foyer grew by degrees fo formidable , that Cromwell was determined to goe with a part ofthe Army againft them , and Vice-admiral Rainsborough to block up Milford Haven with a part ofthe Fleet, but whilft thefe things were determining, a Mutinie happens at Lon~ don, beginning in Moore-fields upon Sunday the ninth of Ai ri/,where a great company of Apprentices and others began the Tumult, and fetting on a part of the Trained bauds drawn out in Finsbury to keep the peace, eafily o- ver-powred 113 remain unfatisfiedJ And in that Cafe it could neither be reafonablefor thofe who could not fatisfie them, topreffcthem; nor for them that could not be fatisfied to fubmit to the faid Covenants, Oaths and Ordinances, for §his damnavcrit enm qui dualtts potentiffimas rebus defenditur Jure &M'nte, Quintil. Happy is he that condemneth not himfelf in that which healloweth, Rom. 14. 22, Thefe Exceptions approved by a General Convocation of the Uni¬ verfity in June 1647. were prefented to Consideration; but finding 110 Re¬ ply the Univerfity thought themfelvesfecure , till the twenty fielenth of April! the Earl of Pembroke fa. Man of little Learning, and as little Courage, witnefle his being fwitched over the Face at Croyden ) made their Chan- cellour by the Parliament, comes to take an other courfe with them than difputing by Reafon; He wa* at his Entrance entertained with a Speech by Mafter Maior, a Member ofthe Houfeof CO VI MÖNS, and with another by Mafter Cheynill , at Saint MARTINS Col- ledge', where they lay quiec for the firft Night, but the next Morning begins with Miftris Fall, the late Deans wife , placing Doftor Reynolds ( that afternoon made fo) in the Room, and in the afternoon being Cathe- dratus in the Convocation, where he delivered over his power to the Vice- chancellor, now made Dr. Reynolds, as likewife were Dr. Callicot, Dr. Cham¬ lers, Dr. Harris took that degree in Divinity. Dr. Palmer before Dr. of Phyfick in Cambridge, was now incorporated. Mr. Wilkjnfon and Mr. Chey¬ nill vi ere made Batchellors of Divinity, and many others made Mafters. The Chancellor next day went to breaking open of doors, and giving poftTefi- fion to the new intended heads: and firft the Prefidents of Magdalen Col¬ lege, which place was given to Wilkinfon; Next he went to All Souls, where the Warden Dr. Shelden refufing to fubmit, his doors were broken open, himfelf confined to a Chamber in the Town, and Dr. Palmer put in his place. Thence to Trinity College, where forcing open the doors, Dr. Harris was made Mafter ; The like at St. Johns, where Cheynill was made Mafter in Dr. Bayley^s place, who refufed to fubmit. Willfins was likewife made Mafter of Woodbam College. In fine, all the Canons of Chritfchurch were eje&ed; the impartial Chancellor not fo much as fparing Dr. Harnond, though his God- fon. And fo having fnifhed his bufineffe, he returned back to London, where he had the thanks of the Houfes for his wonderfull wifdom in re£ti- l64-$ V Ax - II : I j If:: If J 114 < The Civill IVärres ver-powered them , and then gathering into Multitudes went in feveral I A.% parties 3 fome to White Chapel, where they feized on the Trained Bands I Colours; others to Smithfield-, and a third part towards Whitehall: but thefe were met wichall by the Hoife-Guard at the Mews and eafily difperfed. But in the Night the City increafing to a greater Number feize the Keyes of Ludgate and Newgate , which they (hut up, and plant a Drake, forced from the Maiors, within ludgate ; And in the Morning taking care to provide themfelves of Armes and Ammunition break open a Salemans (hop of Am¬ munition in M'lkjlreet, and from Ludgate with their Drake march to Leaden- hall and feize the Magazine; but whilft they were thus bulie, a party of Horfe enter at Alderfgate, chargeththem,and foon defeat and dilper(e them, though with their Drake they hurt oneCaptain Mjrriman inthefhonlder, his Lieutenant in the belly, killed a Woman, and hurt fome Souldiers; but the Waterman which difcharged it was immediately killed , the Apprenti¬ ces feparated , and the City by ten a clock in the Morning quieted ; which the better to keep in awe for the future,two Regiments of Foot and a Troop of Horfe ai e put into the Tower : the Common-Council very humbly fub- mitting and excufing themfelves as not at ail guilty of this Diforder, defi- ring that the Chief Aftors might befeverely puni(hed byTryal oWyer and Terminer, promihng for themfelves and the City never to do the like. How¬ ever the better to make them as good as their word«, as their Fortifications had formerly, fo now their very Pofts and Chains are pulled down, and they forced to raife a Thoufand pounds for a Largefle to thofe two Regi¬ ments of Horfe which fubdued the Apprentices. But in the mean time foyer and Laughorn grow formidable in Wales, againft whom Collonel Hor¬ ton and Collonel Flemming were (ent with a Party of the Parliaments Forces, Flemming being fent before with three Troops of Horfe and Dragoons to gain a pa(Te from Foyer , which was by him wittingly quit¬ ted, that he might the more fecurely draw Flemming into his Ambufcado : Nor could the Defign fuit better with his Defires than it did , for Flemming comming unadvifedly on, had his whole Party furprized, and after very little refiflance totally routed and purfued to a Church, whither Two hun¬ dred of them fled for (heiter,where by the Countries coming in to Foyer they were forced to yield but upon mean quarter, Flemming himfelf being (lain, fome affirm, by his own hand, out of fliame of his ill fuccefie : but this good fortune of Foyers fo animated the Country thereabouts,that they came flock¬ ing in to his a(Iiftance,fo that his power began to grow fearfull to the Pai fia- ment, fome of his party having taken Chepßow Caftle, who therefore order¬ ed Lieutenant General Cromwell with about Eight thoufand Horfe and Foot to reduce him; but the bufinefle was done before he came by Collonel Hor¬ ton, who encountring the Cavaliers on theeighth of May betweent St. Fagows and Peters Town in two hours time gave them a total rout, wounded Laughorn who commanded the Army, ( being about Eight thoufand Horfe and Foot) took Major General Str adding, Collonel Harris, Majors Wogan and Philips, thirty Captains, about a hundred and fifty inferiour Offi ers, and three thoufand Common Souldiers Prifoners. Their Field-Army thus defeated, Laughom and Powell retreated to the Caftles ofTW^jand Pembroke, the firft of which was on the laft of M*y furrendred upon Mercy to Lieut. General Cromwell, and in it Collonel Rice ap Powel, and Collonel Richard Vimell, with feveral other Officers and Gentlemen of Qualicy; Nor did Pembroke Caflle hold out longer than to thethirteenth otluly, Crom¬ well having determined at firfl to have given no Conditions, but to have it furrendered upon Mercy; but after, by reafon of the Scotifh Invafion, he offered Condition'!, upon which, though hard enough, it was finrendered on the faid thirteenth of July, viz That the Chief Aftors Laugborn,Poy* er , Matthews, Bowen, and Boyer, (hould fubmit to the mercy of the Parlia¬ ment 5 That the other Commanders, Knights and Gentlemen (hould det part - > »8,«^ 'tand difperfetlà r"»«»inthclhoi||jt fcmeSouldiers-, x "Wöi I the Apptt of Cjrecti Britain and Ireland. part the Kingdom within fix weeks, for two years; the reft have Liberty to return Home, the lick and wounded to be carefully provided for, and the Townefmen to enjoy their Freedomes and Liberties as before. And Wales being thus cleared , Cromwell marches to joyn with Lambert againft the St'ofr, who hadnowentred England under the Command of Marquefle liamrhon, of which morehereaiter. But in the mean time the Prince being aboai d the revolted Ships in the Vownes writes to General Fairfax in favour of l 'gborn, Foyer, and others taken Prifoners at Mercy, deiir ing that they afting under his Hignneffe Commilhon might have tei ms and ufage as Soul- dicis of War, otherwise he fhould be forced in order thereto to proceed againft fuch as the Fortune of War fhould make his Prifoners; but Fairfax returns Anfwe>', That it was not in his power to aft further , thePailia- weiit having ordered tneir Tryal, as to the fad engageing this Nation in a fee nd bloody War, and therefore he could not luterpofe their Juftice, but pi aved for a peace. And fo they were likely to fgffer under the Parliaments rigour , as t rey did afterwards, according to their late Vote , That who- foever for the future Ihould raife Armes againft the Parliament, fhould be proceeded againft as Traytors. CHAP. LXXXl. The iRtfing of Kent ; And. the Siege of Golchefter; Tije (Rifing in Surrey • And the efcape of the Duke of Y ok k. • BUt the forementioned perfons in Wales were not alone, there were o- thers who as highly relented the hard ufage of the King, and the vifiblc Slavery which was n w bringing upon the whole Nation, which appeared by the Petitions of feverai Co unties, and particularly by that of the Grand Jury, together with many thoufand Knights, Gentlemen, and Freehold¬ ers of the County of EJf-x piefented to the Pailiament on the fourth of May, representing , That it was impoftible that the fad and direfull effedts of the late Wa. (houldceafe,. without the principal Caules were taken away; That his Majefiies abfence frcrn his Pailiament had been pretended the main Caufe of increafing Jealoufies and Mif-undei ftandings between them; And therefore they conceived that a timely Conceflion to the Kingför a Perfonal Treaty might remove all Fears which were yet the only Obftacles of Peace, praying therefore,That the Armies arrears might be paid,and they disband¬ ed, and that the Parliament would'confider that unum neceffarium, to condi- fcend to the Kings P*.oyal intimations for a Perfonal Treaty, without which there could be no hope ofPeace or Quiet to theè Nation-. Thi-. Petition of the Loyal Perfons in the County of 10eac was feconded with another from Surreyj running in fomewhat a higher ftrain, That the King might be re- ftored to his due Honour and Plights, according to tiie Oaths of Suprema¬ cy and Allegiance, and be eftab'lifhed in his Tin one according to the fplen- dor of his Anceftors; That he might come forthwith to WejimintLr, there to treat Perfonally for the compofing of differences ; That the Fieeborn Subje&s might be governed by the known Laws in force; That the War beginning may be pi evented; That the Ordinance for preventing Free- quarter may be duly executed, and the Army having their Arrears paid them be fpeedily disbanded. This Petition being prelented, a good num¬ ber of the Gentry and Freeholders of the County, whilft they were in the H h Hall HI r 116 The Civill IVsirres Hail expefting an Anfwer to it; upon debate the Guards therejtake aniocca- Ì 6 4-S ^on t0 (luari e' ^ fome of them, and in fine together by the Ears they * went; The Surrey-men, by reafon of the frefti fupplyes of Horfe and Foot from the Mewes, being forced to go offwith the loiTe of one or two men, and many more wounded. This violence offered to the Surrey Petitioners, was by the reft of the Counties looked upon, as indeed it was, a great breach of the liberty of the Subjeft, whofe birthright it hath alwaies been to repre- fent their Gi ievances to the Supream power by way of Petition; and there¬ fore the Kentiß-men, who for fome time had been getting Subfcriptions to a Petition of theirs , irritated by fome other aff onts, and feeing experimen¬ tally how ill fucceffe they were like to have by a fair prefentation of it, re- lolved to carry their Petition in one hand, and their Sword in the other. In purfuance of which Refolution , animated by the Noble care and induftry ofSquire Hales, Sir Thomos Taynton, Sir John Maney, Sir Gamaliel Dudley, and many other Gentlemen of Note in the County, they gathered to fuch a Head , that at a Randezvouz at Rochester they muftered feaven thoufand In¬ fantry , and though their Horfe amounted not to above eight hundred in all, yet they were moft of them Gentlemen, and Perfons who only adven¬ tured their lives with Refolution to get an immortal Honour by facrificing their lives for their King and Country fervice. This Riling fo near the Parliament and City fcmewhat affrighted them, and therefore Sir Thomas Fairfax is lent down with the whole Body of his Army , confifting of fix thoufand Foot, and two thoufand Horfe, well mounted and armed to op- pofe them; with thefe he randezvouzed upon Blactyeath, where he recei¬ ved a meffage from the Gentry, figned by Sir Thomas Payton and Efquire Hales,with an offer to fend Commiftioners to parley,I fuppofeonly to found the Generals intentions, which they found by his Anfwer thus, That he had . received a Meffage from them for a Paffe for fome Gentlemen as Com¬ miftioners to come and treat according to an Order of Parliament: That he knew not of any fuch Order , nor any Authority in them to appoint Com¬ miftioners for fuch a purpofe : That finding them in Arms againft the Parli¬ ament he could not admit of any Treaty, but if they would forthwith lay down their Armes and retire home, he doubted not of the Parliaments mercy to fuch as had been deluded into this Rebellion , and their exem¬ plary juftice againft the chief Aftors. This was indeed the beft Anfwer that could beexpeäed from an infolent Enemy, they therefore drawing off their Forcesfrom Vartford leave a Guard at Stone bridge,a paffe near Graefvend, to hinder the Enemies following them.to clofe , yet thought fit to return the Parliaments General an Anfwer to this effeff,That the Laws of Nature were univerfal and perpetual, amongft which that of Self-prefervation was one, That he had declared as much, fo might Judge if it were not , That they had taken up Armes to defend themfelves, and providence had bleftthem with a power to do it, which they could not relingnifh but with the for¬ feiture of their Reafon and Honour, That they invaded not the Right of others, but flood firm tofecure their own, and fo to do was neither Trea- fon nor Rebellion , That he was pleafed to hold forth Conditions of un¬ certain mercy to the People, and exemplary and poficive profecution upon the Principals. To which he affured him that it was but one Soul that in-* formed that great Body, and they were determined toftand or fall toge¬ ther, being rendered uncapable of any Fear, fave only of relapling into their former Slavery. That they needed no other Arguments ( than what the fair mannage oftheBufinefs affordedjto teftifie their love to peace, if he him- felf fhould ftand fo inclined alfo. That he would be pleafed co make this Country rather 'a Friend than an Enemy,&c. This Anfwer brings Fairfax on- wardsfrom Black^heath towards Gravefend, where over-powering that fmall Party left at Stone-bridge gained the Paffe, and from thence after fome halts made, obferves the motion of the Kentß Army, finding no refiftance, marches I %k: feofn ^ S%: *T011' «K tt,nfSubfcriptic; "JSßn® P'rifotation of jf yblecareandjjj. titfa*9 kUùtì^ ofCjreat Britain and Ireland. marches forwards to Rochejler , where he finds the Bridge quitted, and fo parting over, advances towards Maidiione , the Earl of Norwich having in the mean time at a General randezvouz on Barb am down within three mile of Mndjlone been proclaimed General in the Head of the Kentißt Armie , had not only ordered their Quarters by advice of the Council of War fo as might have made them in a readier pollute upon all advan¬ tages to have oppofed the Enemie, but indeed had given it as his clear advice, that the weather being fair they might quarter in the Fields , and fo the whole Army be kept united , but neither did they ftay in the Field nor went to the Quarters appointed, but fo difperfed themfelves, that it was impoffiblefor the General to draw them together time enough to relieve Maid ft one , (there being only in it about eight hundred Foot, part of Sir John \janyesi and S fFiUiam BrockytansRe- giments") was fallen upon unexpectedly by a ftrong party of Fairfaxes^ who having likewife gained the paffes at Fairley, attacqued them with his whole Body, yet notwithftanding both the fuddaineffe of the encounter, which fcarce gave thofe in the Town leave to take the Alarum, and the greatneffe in Number, he found not fuch tame refiftance as it is prefumed heexpe- fted to have done from unexperienced Countrymen, whom he expefted fhould rather have thrown down their Armes, and cryed for Qjarter, than have made fo Noble and Gallant a R.efifiance, as not only kept and maintained their own flight and bare Fortifications, but likewife twice repulfed their Enemy, who yet led on the third time by Fairfax himfelf ( difdaining to be beaten by fitch raw unexperienced men} they over-pow- ring them with frefh volhes of fhot, forced them from the Hedges, though they ftill from place to place difputed their lofle of ground, the Enemy*»" Horfe at all advantages breaking in upon them, and doing what execution they could, but not being able to force them to quit one foot of ground difhonourably, but though ftill preffed on by the Enemies frefh referves, they forced them to often retreats, till at length forced to the Church¬ yard by inches, they being there encompaffed on all fides, were forced at length now to capitulate, none coming to their affiftance,except a few Strag- lers, who hearing of the encounter, had, without Order,run to their deftru- ftion ; the Fight continued till twelve a Clock at Night; the old Souldiers confeffing, that they had never before feen fuch (harp fervice , for they had little caufe to braggeof their Viftory; There were fome, who efcaping through the River got to their own Party : but more were left Prifoners to the Enemy. Some have laid the blame of not relieving thofe in Maid- flone upon the General Goring, whofe Honour they endeavoured all they could to blemifh, but if we may credit many Perfons ofQuality, Aftors in that very Scene, they had no reafon to detraft from his true Worth, and Honour, who ufed all his utmcft endeavours to have relieved them; but he, though nominated General, had his Power of fofhort a date, that he was not indeed a General de fatto, or had any thing more but the Name, there being indeed a great many Generals, whofe confufed and different Councils , niuft needs breed Delayes, befides the General all that Night did his endeavours to draw Parties to a Randezvouz from their Quarters to their affiftance, and to that purpofe had ordered a General Randezvouz in Finsburyfields, ron the other fide of Midway, near Stride :J but it was the next morning ere he could get them together, when a Council of War be¬ ing called in the Field , upon refpeft that it was then poffible to re¬ lieve Maidflone, it was refolved and defired by the General to march en¬ tire thither, and if it were poffible to relieve them or fight the whole Body of the Enemy. But they had fcarce marched two miles, when cer¬ tain intelligence came of their being all cut off, or taken Prifoners the Night before; whereupon marching back again through Rochefter, and 117 I 64S I 91 I Hh 2 drawing iiS • The Civill iVarxes drawing them to a Randezvonz in the fame place he had before,' where by 6/t & general confent of the Gentlemen and Officers, it was concluded to march * on direftly towards London , and leave the Enemy ranging up and down the Country, now made the abfoluteSeat of the Wars ; being come to Vart- ford , the Lord Goring fends a Letter to the Lord Maior and Common- Council of London , giving them notice of his march that way, and defiring their afliftance and help for the general good of the enflaved and oppreffed Nation. But they without opening the Letter fent it to the Parliament, who I eturned them thanks for it ; However the General advanced towards London, as far as Black^heath , where he for it received advice of the ill fuc- ceffeofhis Letter, but ftill out of hopes fie had of recruits from Surrey, Lf- fex and London, he had his Army into Greenwich Park, whither a Gentleman from Southward came to Quarter Mafter General Carter, affuring him,that if injt0 they would but fend a confiderable party thither, the whole Borough would be ready to joyn with them ; this he acquainted the Lord General with, who returned this Anfwer to the Gentleman, That in regard he was a Stranger , and not known, he muft not expeft that a Party fhould be ad¬ ventured upon his bare affertion, but if he would return to thofe Gentle¬ men of the Rorough that he faid had employed him, and that if any of the Principal men would engage to what they had promifed, then they fhould have what Party they fhould defire. This Anfwer he carried, but never re¬ turned again. In the mean time came a Gentleman out of EJfex , affuring the General that that County was up in Armes to joyn with them ( con¬ trary to the advice they had firft received at their incamping in Greenwich Park ) that there were two thoufand of them about Borv, and more about Chelmesford. The General therefore to afcertain himfelfof this Intelligence, ( leaving the Army under the Command of Major General Sir IViUiam Comfton ) himfelfalone croffes the Ferry , and privately goes towards Bow g and Stratford , with refolut ion, if the Country were up, according to the report.of the Intelligencer , to tranfport the Army over at his return: ifo- therwife, to fleer fome other courfe. But finding no Party flirring at Bow, according to his advice received, he pofts away to Chelmesford to affure him¬ felf if there were any motion in that County or not; but had he returned without going thither,yet had it beenimpoffible in the Night time to have found fo many Boats as would have tranfported fuch a Number ofmen; yet many timorous Spirits in the Army, by reafon he returned not, cryedout they were betrayed, and in flocks began to defert their Colours; to aug¬ ment which Diftra&ion, one in'the dark Night rid amongft the Souldiers jn the Park, telling them, that they were in very great danger, and that their Officers wifhed them to fhift for themfelves; which wrought fo much con- fufion in the Souldiers, that w ithout demanding what he was, they began to do fo indeed, though noEnemiewere near, many ofthem procuring Boats, wafted over to thelfle of Vogges, others threatning them for run¬ ning away, and fwearing they would fire at them if they offered to ftir off the Shore with their Boats; fo that in the end it bred fo general a Confufion in the whole Party, that all but five hundred who got o- ver to the other fide were of a fuddain difperfed , and the whole Bu- finefs loft : nor were thofe who got over favedfromdeftru&ion, other- wife than by a Miracle, for being come over, there they found a Regi¬ ment of Trained Bands belonging to the Hamlets of the Tower drawn up againft them , and advantagioufly poffeffed of all Paffes with ftrong Guards, (o that had not Sir William Cempton, before he would let any paffe amongft them, wifely capitulated with the Officers of that Regiment, That all the Foot Ihould lay down their Arms, and all the Horfe 8c Gentry march whither they pleafed without moleftation; they had been all cut off^ for by this means lie had the opportunity to draw them up together, whereas otherwife they had run fcatteringly amongtheir Enemies. Thefe Articles were Ì t-jM-r'M m i^tit puuj' ■. wfaff®1 of Cjrcat Britain WireiancL were yet 110 fooner made then broken by the Hamletteers, who nnhorfed and difarmed feveral Gentlemen as they paffed through their guards, which made the Kentifi men think of fomewhat more noble then a lame disbanding, and therefore the Foot lighting their Matches, and the Horfe drawing their Piftols, they marched in Excellent order through feveral guards of the Hamletteers, as moving towards the place of disband¬ ing, not expetting oppofition «ill they came to the lall guard, which they were refolved to have forced through, but they feeing themfo well imbodied, dürft not adventure upon them, but let them pafle quietly ■by, and carry their Major and another Officer away Prifoners into Bow, where the Turnpike was let down to them, and they joyfully received by their friends into EJfex, where they met their General returning, expeft- ing to have met them in the famepofture he left them at Greenwich, and much troubled at what had fallen out , but to provide for things as they were, he got fome refreffiment for thefe whom he knew had had very little repofeforthe two precedent nights, and that third day 5 but whiift they were difpofing themfelves to receive what provifions and drink were pro¬ vided for them, they received a very hot Alarm from a party ofCol. Jfhalies Horfe, (who were coming to have made a prey of them, had they been dif- banded by the Hamletteers) but now fell on, thinking to have beaten them from their guards, (having lined the Hedges nigh Mile-end-green with a par¬ ty of Dragoones to fecure their retreat) but were charged foftoutlybya party of thirty Horfe, which Tallied out of the Turnpike, that they were forced to a diforderly retreat, which the Kentifl) men purfuing fo eagerly, fell into their Ambufcado, who firingupon them from the Hedges,forced them to the like, though no Enemy purlued: This exploit coft the Cava¬ liers only the loffe of one Gentleman, a Grecian, who being ftiot by the Dra- gooners fell, Captain Lynne was likewife cut in the chin, and over the breft in the Charge. Next to this, a Skirmiffi happened between them and a party ofthe Hamletteers, whom they furrounded in Bow Church, and for¬ ced to yield upon Compofition, and fo flefhd with this good fuccefle, re¬ turned into the Turnpike, and having refrelhed themfelves with three daies Quarters in B?w, Langhton and Stratford, they had order to march forward to Chelmesford, often Alarmd, but never charged in the rear by the Enemy ; here they joyned with Sir Charles Lncat, and the Fßex men, to whom came the Lord Capel, and the Lord Loughborongh out of Hartfordßiire, and a party of about threefcore Horfe from London, ft) that now they march about fix thoufand, whiift Sir Thomm Fairfax having harralfed and reduced the reft in Kent,croffedover the Army under his command at Gravefend and Greenwich, followed them fo clofe in the rear in their march towards Colchejier, that contrary to their intentions, he inclofed them there, his Horfe being up with them as foon as they had taken poffelfion ofthe Town, fo that now forced to make a virtue ofneceffity, they provided themfelves of whac pro¬ vifions they could, refolving to hold out a feige there, till Duke Hamilton and Sir Marmadut^e Langdale, who were with a potent Army in the North, might come to their relief, and fo gallantly maintained they the Town, not very well fortified, chat in feveral Sallies they had ftill the better ofthe Enemy, and had once endangered a total rout of him, had they profecuted the advantage they once had ; but at length their provifions utterly failing, their Ammunition fpenr, Duke Hamilton routed in the Norch, and fo no hope offiiccour,and theTownfmen and Souldiers muttering, and almoft mutinying within for want of provifions, they having devoured almoft all the Horfe, Cats and Dogs in the Town, they had taken a refolution to force their way through the Enemies Leiguer, or die nobly, but fome unworthy fpirits, having infufed a belief into the common Souldiers, that this was a defign of the Commanders and Gentlemen to elcapeand leave them in the lurch, the Plot failed, and fo they were forced on the 28th. of tstugnfì after two 119 I 6 48 130 ' 'The Civill IVirres two months fiege, to furrender upon fuch conditions as the Enemy would T 6 /L £ grant them, which were, That the fever al Regiments ffiovld lay down their arms at their fever al Pofts, and there remain with their Officers, under Captains,till they jhould be difpofed of; That the Lords with the reft of the Officers and Gentle¬ men, flsouldby eight a clochjn the morningbe at the Kings*Head, and their Horfes and Arms without any imbezlement, in St. Maries Churchyard ; That all the Or¬ dinance fhould be left on ihe Platforms as they were planted, and all the Ammuniti¬ on of Powder, Match and Ball, left in the Magazine at the Town-Hall. Thefe Ar¬ ticles concluded on, the Lord Fairfax entred the Town, and having rid in Triumph round the Works, calls a Council of War, from whence he fends Col. Ewers to the Kings-Head to the Lords and Gentlemen, who in a flight¬ ing kind of pofture, tells Sir Charles Lucas, that the General would fpeak with him, Sir George Liße,S'iT Bernard Gafcoigne,and Col. Farre at the Coun¬ cil of War, but the Collonel was not there, the reft went, and dooming to themfelves what after happened, took their folemn leave of the reft ofthe Lords and Gentlemen ; being come to the place where the Council fate, they were, without being called in to anfwer for themfelves,conveyed to the Caftle, whither immediately Col. Ireton comes to them, and tells them, that they niuft prepare themfelves to dye, whereupon Sir Charles asked him, by what Law they were to dye? whether by an Ordinance of Parliament, by the Council of War, or by Command of the General Ì To which Ireton ieplyed, That it was by the Vote of the Council of War, according to an Order of Parliament; by which Order all that were found in Arms were to be pro¬ ceeded againft as Traytors; Sir Charles then defired he might berefpited till the morning, but it was denied by Ireton: w hereupon he continued ; Sir, Do not think! make this requeft out of any defire I have to live, or ef- cape the death you have doomed me to, for 1 fcoi n to ask life at your hands, but that I might have time to make fome addreffes to God above, and fet¬ tle fome things below, that I might not be thrown out of this world with all my fins about me: but finceit will not be by your Charity, I muftfub- mit to themercy ofGod, whofe holywill be done, do your woi ft, I {hall fbon be ready for Execution. Sir George Liße likewifè defired fome i efpite to w rite to his Father and Mother, but was denied ; fo having had fome private Prayers with the Chaplain, and received the Blefled Sacrament chey wei e led out to the place of Execution, Col. IretonfKainboreugh and Wh alley, coming to be fpe&ators of the fall of thefe two Gallant Knights; thefiift brought to the ftake was Sir Charles Lucas, who telling them, that he had often looked death in the face in the field, and now they {bould fee he dürft dye; and fo having faid fome private Prayers, he rofe from his knees, and unbuttoning his doublet, {hewing them his breft, fetting his hands againft his fides, calls out to them, See I am ready for you now, Rebells, do your worft; whereupon they immediately fired, and {hooting him in four places he fell. Sir George Liße who had been carried a little afide, that he might not lee his friend fall, being now brought to the place, firft kifling his friend, fti 11 reeking in his blood, rofe up, and delivering four pieces of gold to a Gentleman formerly his Servant, to bediftributed as his laft Legacies to fome friends, and givinga fifth to the Executioners, tinning about to the Spe&ators, tells them: How many of your lives here have I fa ved in hot blood, and muft now my felf be moft barbaroufly murthered in cold > but what dare they not do who would willingly cut the throat of my dearKing, whom they have already imprifoned > and for whofe deliverance, and peace to this unfortunate Nation ; I dedicate my laft Prayers to Heaven, and now, Traytors do your worft, upon which words, fire being given, he immedi¬ ately fell down by his dear Friend. Thus inhumanely were thefe two He- roick Knights, the patterns of Valour and Loyalty, murthered inanun- prefidented way. The reft of the Gentlemen and Perfons of Quality, to wit, the Eai 1 of K<.rwich, the Lord Cape I, the Lord Loughborough, Sir IFillium Cmpton, wr-yzr T.r • « of Cjreat Britain and Ireland. 131 Compton , Sir Bernard Gafcoign ( againft whom though fentence of Death was pafled, yet he was reprieved, not being an Erigliffi-tnan ) Sir Abraham Ship- r x Sir lohn Watts , Sir Lodowick^Vyer, Sir Henry Appleton, Sir Denart «" Strutt, Sir fTwgfo Buelly, Sir %jchard Maleverer , Major General Graveftotj, Comtniffary General i ovelaee, Collonel Gilburn , Colionel Carter, Collonel fVrr, Collonel Tiff, Collonel Hammond, Collonel Chcjier, Collonel Heath, Collonel T kp, Collonel Tylojf, and Collonel Sawyer, with many other Per- fons of Quality , were molt of them conveyed to feveral Prifons, both di- ftantfrom ne another , and from the places of their habitations, whereof yet they had ehe Honour to be fuffecers for their Loyalty to their King and Country. The inferiour Officers and Common Souldiers were , for the moft part, diftributed amongft Fairfax his Army, and by them either for¬ ced to pay their ranfome, or otherwife fold , and the Town was fined thir¬ teen thoufand pounds. Fairfax having performed this fervice, marched to Yarmouth, and up and down the Country to fettle peace, till in Ottober he re¬ turned to his head Quarters at Saint Albans. But whilft thefe Bufinefles were in aftion , The Earl of Holland by Commiffion from the Prince of Wales, having joyned with him the Duke of Buckingham , and his valiant Brother the Lord Francis Villiers, together with the Earl of Peterborough, and others, endeavoured to raife a Party for the King in Surrey, and on the fe- cond of /«/y, a Party of about five hundred Horfe, appeared upon Kingtton- heaxh\ and on the fixth of July fent their their invitation to the Lord Maior, Aldermen, and ( ommon-Council to London to joyn with them, but in vainj and the Parliament having fome time before had advice of their intentions, had been providing to oppole them, the Parliament-men themlel ves having each lifted fuch a Number of men for their Guard, and fent out others to hinder the increasing of their Numbers, fo with a little addition they inar¬ ched with their whole Force to poflefle Bigate-, but C ollonel E ich and Ma¬ jor Gibbons had poffefled the Town before them , fo in a kind of Difti attion they marched back towards Kingtton, purfued fo dole in the Rear by the Enemy, that many were taken Prifoners, near Kingtton they drew up and faced the Enemy, difputing by Parties, whilft they fent their Foot before into Kingjion to fecure their Retreat, the Forlornes on both fides difputed it gallantly for fome time, till the Cavaliers fled, and were purfued eagerly by their Enemies, till recovering the Turnpike, they ftopt the Carriere of their Enemies; but in their flight the Noble Lord Francis Villiers, Brother to the Duke of Buckingham , fcorning to turn the back, or take Quarter, was (lain. The Parliaments forces that Night kept Guard without the Town, till their Foot was come up , when the next morning entring, they, found that the Loyal Party had deferted it, and were gone towards Harrow onthe Hill, whither they were purfued, and in the end To feperated,tnat one quar¬ ter remained not together, fo feveral Parties were lent in purfute of them, the greateft after the Earl of Holland, who was fled towards St. Needs, where he was furprized by Collonel Scroop, fome few that were mounted nude refiftance , whilft the Duke of Buckingham efcaped into Lincoln-fhue with threefcore Horfe, and fo beyond Sea; the Earl of Holland was taken in his Chamber, and fent Prifoner to Warwick?Caftle. Thus had the Parliament all wiffied-for fucceffe,but the greateft defection was that of the Fleet, which lay at the Vownes at the beginning of the Kentijh Riling, aboard which lome of the Gentry of that County fent their Petition,then in agitation,to be fub- fcribed; to the which the Seamen readily agreed, and refilling to receive Bainsborougb then fent to be their Vice-Admiral, revolted, and with Cap¬ tain Batten, formerly Vice-Admiral to the Earl of Warwick^, went to the Prince; whilft thefe things were in profecution the Duke of Torì^, bytheaf- fiftance of one Collonel Kampfield , efcaped out of Saint James, and was by him conveyed in Womans apparel to his Sifter the Princefs Royal in Holland, both to whom and to his Brother the Prince he was a very welcome Gueft. So r iii 1 be Chill iVarrcs 'wo of the King? THe Parliament of Scotland extreamly difgufted the EngHJh Parliaments harfh proceedings with the King, and therefore they here had fome reafon to fufpett an Invafion from them, it being openly talked in Scotland, That the Scots having delivered up the King to the Parliament and Army of England, upon promife of freedom, honour and fafety to his Perfon, it would eternally be a reproach to their whole Nation, if they Ihould fit ftill and permit the King to be kept a clofe Prifoner, and all overtures of peace and agreement with him, utterly denyed, contrary to the Engagements and Promifes made to them at their delivery of him; The Scotilh Army was likewife recruiting, andiadvice was brought to the Parliament that Sir Lewis Vives3 Sir Thomas Glenham, Sir Marmaduke Langdale, and others from the Queen in France, were arrived in Scotland; The Parliament therefore thougnt it wifdom, if could polfibly, to divert, or at leaft to defer a ftorm from thence, and therefore chey chofe the Earls of Nottingham' and Stamford, Mr. Aßourjl, Col. Birch, Mr. Herle and Mr. MarjhaU3 to go thither and refide during tueSeftion of the Scotilh Parliament, and to carrelfe them with fe- veral Proportions: That it was the defite ofthe Pailiament ofEngland3 to maintain a good correfpondeticy between the two Nations; Tnat this King¬ dom would take fpeedy care for the advance of one hundred thouland pounds due to that Kingdom, and that as long as that Sum Ihould remain unfatisfied, they Ihould have Intereft at the rate of 8 1. per Cent. That con¬ cerning the Arrears due to the Scotifh Army in Ireland, the Parliament of Scotland Ihould either propound a certain Sum in grolfe for their fervice there, or elfe appoint Commiffioners to repair into Ireland, to audite the accompts of that Army : But notwithlhnding thefe endeavours of the Par¬ liament of England, and thedivifions oftheir own Pai lianunt, (where fome would have an Army railed to efpoufe the Kings Qjarrel and reftore him ; others were willing to have an Army to fiippreffe the Sectaries, of both Kingdoms, but were afraid, leaft thereby they fhould ftrengthen the Malig- nants; a third party there were, who would have no Army at all, nor any endeavours to reftore the King, till he had taken the Covenant, and fetled the Presbyterian Government) a Committee was framed, confiding of Duke Hamilton, Argyle3 the Earls ofCraxvford, Lindfey3 Lauderdale, Lanericl>, Calandar3 Traquaire and Roxborough3 the Lords Ennerpeth.n, Warrefton, Leat Humbe3Collington3 Arneflon3Gartlandand Ennis3 with eight B irgelTes, who voted the raifing of an Army of fourty thouland men, tor reftoring of the King to his Crown and Dignity, but fuch divifions and diftra&ions there were in their Council?, that this Vote was no fooner made, but it was pro- tefted againft by eighteen Lords, and fourty BurgelTes, who declare tliem- felves free from all che evil that might follow thereupon, to the caufe of God, the Covenant, Religion, and to the Kings Perfon and Authority, and to the Kirk and Kingdoms, or the union of both; but notwithftanding their Proteftation, an Army was railed, though the number never reachc the Vote by near one half, and fent into England under the Command of CHAP. LXXXII. The Scotifh hvafion under Duke Hamilton} Cromwell enters Scotland. Duke . 7be Civill ìVdyrcs entred, Charged them in the Town, cleared the Street?, and inconcl u fibn, forced them to run; Duke Hamilton hi the mean time, and fuch foot ah. were left retieated over the Bridge, at the foot of which he was en- countred by the Lancaßiire Regiments, where both parties played their parts, maintaining the Fight even at puìh of pike till Night parted them, when each paity lodged within Mufquet-fhot of each other, and next morn¬ ing fell to it again, when the Scotch Horfe were forced to fly in di!order to- wai ds Lancaßer , and were purfued neaj^gn miles with execution of above athoufand men; Hamilton the next Nignt with tire fmall remainder of his fcattered Army, drew off to Wiggon, and the next Morning their In- fantiy marched towards Warrington, endeavouring to maintain a PaflTe in the way, but were beat from their Stand with the lofle of a thoufand men, and two thoufand Pi ifoners,and profecuted to the very Bridge,of the Town, whence a Trumpeter was fent by Lieut. General Bayly to Cromwell,defil ing to capitulate; which was granted , and thefe terms concluded on, That he fhould render himfelf, his Officers and Souldiers Prifoners of War, upon Quarter for life, and deliver up all their Ainaes, Ammunition, &c. Thus the Infantry totally defeated, Hamilton with thiee thoufand Horfe flyes to¬ wards Nantwich, five hundred of his Horfe being taken in the way by the Country people; and himfelf at Vtoxeter furrounded by the Parliaments for¬ ces compelled to furrender , and was fent Prifoner for the prefent to Ajh- by Ve la Zouck. Cromwell having obtained this fuccefle, yet reff-. not, both becaufe he knew that Monroe was in his march , and alfo leaf! the fcattered Forces might rally and joyn with him; And therefore to enfiire his Vifto- ry he marches towards him : but Monroe at Morpeth receives Command to return home : which he does, rather,becaufe he was not in a capacity to re¬ fill: Cromwell, than out of obedience to thofe who commanded him. Yet Cromwell advances to the Tweed 9 and fends Lambert to fummon Barwiclc, which was refufed to befuri endred except to ArgylCi Party , who was up with eight thoufand men in Scotland , and Monrot\ Forces being joyned with Lanerick^, made few lefle; thefe being of two different inteieffs, Crqn- rvell refolves to march into Scotland, and joyn with one of them, and there¬ fore leaving fome part ofhis Forces to block up Barwicl^, himfelf advances further into Scotland; being met by Argyle, Lowdon, Leven, the Laird of Gr amend, and Major Stranghan , who exprefle their diflike of Hamiltons en¬ tring with an Army into England, and with Lanericky and Monroe's endea¬ vours to raife more Forces to continue their troubles, and therefore they defire the affiftance of England-, to fupprefle which Cromwell readily confents to, refolving to return as foon as the Publick Enemy ffiould be fubdued,and theEngliffi Garrifons delivered: but in the end, all Parties come to a Trea¬ ty, apd thefe Articles were agreed on, i. That the Armies under Argyle and Lauericlc, with all the Forces under any of the Garrifons of Scotland, together with Barwicl^ and Carlißs ffiould be disbanded ; That thefet- ling Religion at home, and promoting Reformation abroad ffiould be orde¬ red to the determination ofthe General Aflembly , and all Civil differen¬ ces referred to a Parliament, fpeedily to be Called. That no Party that were in the late Engagements againft England, ffiould be ofthe New Parlia¬ ment , or ofthe General Aflembly. Thefe being performed, and an Agree- ment confirmed with Cromwell, by inviting him to Feafts, &c. at Edinburgh, on the 20th. of Oftober he returned towards London, received with Hofannaes wherever he came, and in his way taking in the ftrong Caffles of Scarborough and Pontejraft. CHAP. / » • of Cjreat Britain and Ireland. 135 CHAP. LXXX1IL The Form of Presbyterian Church-Go'vernment} as eßablifbed by the Lords and Commons. T Ong time had the two Houfes of Parliament, according to the Cove- 1 mailt made with the Scotilh Nation, been debating about the Settle¬ ment of a Presbyterian Church-Government in England,, and this having been by the Scots declared, the firft reafon of their taking Arme»,and entring into League with the Englifh Parliament, they were both by their Com- miflioners and many urgent MeflTages from Scotland, prefled to the perfor¬ mance of fo great a work: their Direftory and form ofworfhip had long fince been concluded on by the AfTembly of Divines, and ratified in Parlia¬ ment •, but as yet no Aft or Ordinance of theirs had prefcribed the manner of Church-Government, till now in Anguß, which that it may be the bet¬ ter difcerned what it was, I have here, though fomewhat contrafted,infert- ed their Ordinance it felf, as followeth, vizt. BE it ordered and ordained by the Lords and Commons in Parliament afjembled, and by authority of the fame-, that all Parißes and places whatever within the Kingdom of England and Dominion of Wales ( as weil privileged Places, and ex¬ empt Jurifdifiions as others) be brought under the Government of Congregational, Clafftcal, Provincial and National Ajfemblies, provided that the Chapel',or Houfes, or Placed of the King and his Children , and the Chapels , or Places in the Houfes of the Peers of this Realm , ßall continue free for the exercife of Divine Duties to be performed according to the Diredory , and not otherwife, that there beforth- with a choyce made of Elders throughout the Kingdom of England and Dominion of Wales in the refpeÙive Churches or Chapels according to fuch direUions as here¬ after follow, and allClaJJes and Parochial Congregations are refpeliively hereby au* tborized and required forthwith cffMually to proceed therein accordingly. DireSlions for the Eleffion of Parochial and Con- gregational Elders. notice of theeleftion of Parochial & Congregational Elders, and X of the time when, and (hall be given by theMinifter inthepublick Af- fembly the next Lords day but one before, and that on the laid Lords day a Sermon be preached preparatory to that weighty buiinefTe. 2. That the ru¬ ling Elders to a Parochial and Congregational Elderfhip, (hall be chofen by thefeveral Minifters and Members of that Congregation refpeftively, or the major part of them there afifembled, being fuch as have taken the National Covenant,and are not Perfons under age,nor Servants that have no Families. 3. That fuch Perfons (hall be chofen for ruling Elders as are men of a good underftanding in matters of Pveligion, found in the Faith, prudent, difcreet, grave, and of an unblamable converfation , and willing to undergo the faid Officer/That no man be chofen for a ruling Elder,but only for one Congre- gation^nd that in the place where his mollfetled dwelling and employment doth lye. 5. That when any ruling Elder is to be chofen, where an Elder¬ fhip is conftituted, it be done by the Elderftup, with the confent and appro¬ bation of the people ofthat Congregation. 6- That it (hall belawfull for the Congregation refpeftively, or any other Pci fonsto exhibite Exceptions I i 2 againft M J M "«>• • tt The CivilliVärxes % * againft any Perfons elefted as aforefaid, touching the light of his eleftion, the qualification of the Perfon before mentioned, or touching matter of Ignorance or Scandal hereafter mentioned, to fuc!i Perfons as are hereafter appointed to receive the (aid Exceptions. —• Concerning the Tiyers and Judges of the Integrity and Ability of fuch as are to be chofen Elders, in the Province of London, and of the Innes of Court, which were deduced into twelve Claffes, and feveial mentioned for every Claffis, which (hould have power to be Ti ytrs of all fuch as were to be cho(en or elefted asCongregati- onal Elders,and it was likewife appointed, 2ly. That all Exceptions objefted againft any Perfons elefted to be Congregational Elders fhall be exhibited to the Tryers above mentioned refpeftively, within fourteen daiesnext af¬ ter the faid eleftion. 3ly. That the faid Tryers fhall have power to receive, hear and determine all exceptions brought in to them concerning undue eleftion"?, and to that end to call before them all fuch Perfons fo elefted,and accepting fuch eleftion , and to fend for fuch WitnefTes as fhall be nomina¬ ted unto them by fuch Perfons as fhall bring in fuch exceptions, and fhall have power to examine upon Oath both the Perfons bringing in fuch excep¬ tions, and the (aid WitnefTes concerning any undue proceedings in the man¬ ner of the faid eleftion, and concerning all matters of Ignorance or Scan¬ dal objefted againft the Party elefted and expreffed afterwards, to be a fuf- ficient caufe of fufpention from the Sacrament of the Lords Supper, and of which any Elderfhip by any Ordinance of Parliament, hath cognizance and jurifdiftion, and that fhall be proved to have been committed within one whole year before the exceptions exhibited, and that the Perfons againft whom the exceptions are takenfhallhaveliberty to produce WitnefTes to be examined in like manner on their behalf, qly. That the Tryers (hall have power to examine whether the Elders that are chofen be (o qualified as is above expreffed. 5 ly. That in cafe the eleftion of any Elder of a Congrega- riou, upon juft proofand examination be fouud by the Tryers appointed for that purpofe, to be unduly made, or the Perfons to be Ignorant or Scan¬ dalous , or not qualified as aforefaid., then the faid Ti yers may order fuch Elder to be removed, and another to be chofen in his place. 6\y. That in no Cafe no juft exception as aforefaid (hall be proved againft any Elder, and that the faid Elder (hall approve nimfelf as duly qualified for the (aid Office unto the Tryers, then the Tryers (hall have power to approve the Perfon fo elefted to be a Congregational Elder in the place where he is fo eleft¬ ed; and the Perfon fo approved is hereby authorized to aft with the Mi- nifter, and the reft of the Congregational Elderfliip in the Government of that Congregation ^ly. That the (aid Tiyers have power to call be¬ fore them thofe Perfons whofe Names (hall be returned to them as chofen to be Elders in any Congregation, to know, Whether they are willing to accept of the faid Office, and to receive further fatisfafti- on from them, concerning their fitneffe for the (aid Office. 81y. That what (hall be done by the Major part of the Tryers that be preient, not being under the number of feven in each Claftis, (hall beefteemed as the Aft of all Tryers of that Claflis. ply. That the Committee of Lords and Commons hereafter mentioned, appointed for the Judging of Scandal, have power to conftitute Tryers within the Province of London, where need (hall require: therefore it was ordained, That the feveral Pariffies of London, were divided into feveral Clafles, twelve in all as there nominated. 2ly. That all the feveral Pariffies and places within the Cities of London and Weliminfttr, and the parts adjacent, according as they are diftinguiffied into twelve feveral Claffes, (hall be the extent and bounds of the Province of London. %\y. The Chapel of the Rolls, the two Sergeants Innes, and the four Lines of Court, fhall be under the Presbyterian Government, of thofe refpeftive Claffes within the limits whereof they arefcituate. Concerning of Cjreau Britain and Ireland. Concerning the Members of the Clascal and Congregational Presbyteries> in the feveral Counties of the Kingdom of England, and Dominion of Wales. F^I'- ft, Thac the Committees or Commiflioners named in the Ordinance of 6cooo pounds per menfem, dated the 23. of June 1647. or any three or more of them, of the feveral Counties of this Kingdom, with theafliftance offuch Miniftersand others as they fhall think fit, do forthwich meet and confider how their feveral Counties refpeftively may be moll conveniently divided into diftinft Claflical Presbyteries, where they are not already di¬ vided, and what Minifters and others are fit to be of each Ciaflis, and they fhall accordingly make fuch divifion and nomination of perfons for each CUffical Presbytei y *, which divifions and perfons fo named for every divifi¬ on, fhall be certified by thefaid Committees and Commiflioners of the faid Committee of Lords and Commons for judging of Scandal, and that the Chancellors, Vice-chancellors and Heads of the Uni verfities, do likewife con¬ fider how the Colledges may be put into Claflical Presbyteries and do cer- tifie the fame up to the faid Committee of Lords and Commons, and that thefaid Certificates be made before the 25. of March next, which Commit¬ tee of Lords and Commons is required to approve and confirm the fame, as they fhall think fit, immediately upon receipt of fuch Certificate. 2ly. That thefaid Ciaflis refpeftively, being approved as aforefaid withintheir feveral precinfts, fhall Aft and execute all power belonging to any Ciaflis, and alfo fhall have power to conftitute Congregational Elderfhips, where a competent number of perfons fo qualified for Eiders, as aforefaid, fhall be found, and to that end they have power to proceed in the Tryal, Examina¬ tion, Approbation and Removal of fuch perfons as fhali be chofen Congre¬ gational Elders, as the Try ers above mentioned are authorized to do, and that all Exceptions againft any perfons chofen to be Elders, (hall beexhibited at the next monthly meeting of the Ciaflis 5 and where no perfons fhall be found fit to be Elders as aforefaid, then that Congregation fhall be immedi¬ ately under the Claflical Presbytery, untill that Congregation fhall be en¬ abled with Members fit to be Elders as aforefaid. 3ly. That the feveral Claffes conftituted as aforefaid in feveral Counties within the limits of the faid refpeftive Ciaflis, where no Congregational Presbyteries are already fetled, fhall have from time to time, power to nominate fuch Minifters and others as'are qualified according to this Ordinance, to joyn with them in the fame, to be approved by the Committee of 1 ords and Commons, ap¬ pointed to judge of Scandal, untill fuch time as Congregational Presbyte¬ ries fhall be fetled in the faid refpeftive precinfts; and that fuch power fhall be executed not öhly in cafes of death, or other departure of any Minifter or Elder from theplaceof their wonted dwelling, but alfo in cafe of increafè of Minifters, and of fit perfons to be Elders in their feveral precinfts. qly. That when the faid'Congregational Presbyteries fhall be fetled within the faid limits, that then the laid Congregational Presbyteries fhall Aft accord¬ ing.to the power and direftions of this Ordinance, in that behalf, yly. That at any fuch time as feven Congregational Elderfhips or more lhall be confti¬ tuted into any Claflical precinft in any of the Counties by the refpeftive Ciaflis, eftabliftied as abovefaid, the fame fhall by them be fignified to the feveral Congregational Eldei fhips fo eftablifhed, and the faid Congregati¬ onal Elderfhips fhall forthwith proceed to depute each of their Elders as are raoft fit, who, together with their Minifter, fhall meet as a Clallis of thac precinft, and execute all power belonging er,ifoccafion (hall require. Concerning the Members ofFrovincial Aftemllies. FIrft, that the Committee of Lords and Commons have power to bound the Provincial Affemblies in the Kingdom of England and Dominion of Wales. Secondly. That the Provincial Affemblies (hill be conftituted of Members fent from every Ciaflis within the Province. Thirdly , That the number ofthe Members len from every Ciaflis (hdl be proportioned as that the Provincial Affembly may be more in number than any Claflical Presby¬ tery, and to that end they (hall be at the leaft two Minifters, and four ruling Elders out of every Ciaflis, and that where there (hall be need, the Commit¬ tee of Lords and Commons for the adjudging of Scandal (hali increafe the number of Delegates which are or (hall be fent to any Provincial Affembly,as they (hall think fit.Fourthly,That the Elders of theClaflis of the City of Lon¬ don (hall hold their Provincial Affemblies in Sion Colledge, as formerly they have done, and may adjourn their meeting de die in diem, and conclude their meeting .with adjournment unto the next opportunity, as formerly they have done, and that no Aft (hall paffe or be valid in the faid Province of London, but what (hall be done by the number ofthirtyfix Perfons pre¬ fent , or the major part of them, whereof twelve to be Minifters, and four and twenty ruling Elders , and that the fii ft meeting of the Provincial Af¬ fembly in the feveral Counties be appointed by the Committee of Lords and Commons aforefaid, and may adjourn as aforefaid, who are alfo to ap¬ point the Quorum that (hall aft in each Province. Fifthly, That the Pro¬ vincial Affembly being conftituted (hall meet twice everyyear, or oftner if occ^fion (hall require. Concerning the National AJfembly. FIrft , The National Affembly (hall be conftituted of Members chofen by, and Cent Irom the feveral Pro incial Affemblies aforefaid , the number ofthe Members from each Province to the National Affembly (hall betwo Minifters, four ruling Elders, and five learned and godly Perfons from each Univerfity. Secondly , The National Affembly lhall meet when they (hall be fummoned by Parliament, and to fit and continue as the Parliament fhall order, and not otherwiie. Qf 1 - ^ • ' of (jreat Britain and I-reland. Of the Subordination of thefe Affemblies. FAIift, That there be a Subordination of Congregational, Claflical, Pro¬ vincial and National Affemblies for the Government of the Church,that fo Appeals may be made from the inferior to the Superior reipeftivèly. 2ly. That in all cafes of Appeal to the Claflical, Provincial or National Affembly, they (hall have power refpeftively to proceed thereupon, by examination of witneffesand otherwife, infuch manner as the Congregational Elderfhip, from which the Appeal arifeth, are enabled to do by tiffs Ordinance of Par¬ liament, and fhall cei tifie fuch their proceedings to thefaid Eldei fhip. 3ly. That the Provincial and National Affemblies have the lame power in all points of Government and cenfui'es brought before them, within their fe- veral bounds refpeftively, as doth belong to the Claflical Presbyters within their feveral Aflbciations. 4ly. That if any Perfon fhall finde himfelf gtie- ved with the proceedings agaiafthim before the f ldeiffiip of any Congre¬ gation, he fhall have liberty to appeal to the Claihcal Elderfhip, and from thence to the Provincial Affembly, and fronj thence to the National, and from thence to the Parliament. Of the Power in Common of all thefe /jf mblies, and the Order to be obferved in them. Fir ft, That the feveral Affemblies before mentioned may convent and call before them any Perfon within their feveral bounds, whom cheEcclefi- aftical bufineffe that is before them fhall concern, either as party, or as a witneffe, according to the nature of the bufineffe, and that they do hear and determine fuch caufes and differences as fhall oiderly come before tiiem,and accordin ly difpence Church cenfui es. 2ly. That thefe feveral Affemblies, or the Major part of them refpeftively, fhall have power by Warrant under their hands, in all cafes whereof they have cognizance by this Ordinance, and all fitch witneffesas fhall be named for the difcovery ofthe truth of fuch complaint, and in cafe any Perfon fhall refufe to appear, then upon com¬ plaint to the next Jufticeof P ace, the party, refuting fhall be brought be¬ fore him, and iri ca!e ofobftinate perfifting, dull" be committed by thefaid Juftice of the Peace, till he fitbmit unto Order. 3I . That in thefe meet¬ ing* of the feveral Affemblies, one whofe Office i-.to labour in the word and doftrine, do moderate in their proceeding, who is to Vote as well as the reft of the Members, to begin and end the meeting wich prayer, to propofe Queftions,gather the Votes, pronounce the Refolvesj but not to do any Aft of Government, unlefsinand joyntly with theAflembly, whereof he is Mo¬ derator. 4-ly. That all the Members ofthefe Affemblies refpeftively, are to attend on the appointed dayes of their meetings, or to fend the reaieiis of their abfence to be judged by the Affembly where they are met. « ?he Tower of the Congregational Eide rfijips or Ajfmblies, for Govcrningof af articular Congregation. Fit ft, That the Congregational Elderfhip, confifting of the Minifler or Mi¬ ni fters, and the other ruling Officers of that Congregation, fhall have power, as they ffiill fee juft occafion, to inquire into the knowledge and fpi- ritual eftateofaiiy Member ofthe Congregation, to admoniffi and rebuke, to fnfpend from the Lords Table ttiofe that are found by them to be igno¬ rant and fcandalous, and to excommunicate according to the rules and di- reftions hereafter following. Secondly, That where there are many ruling Officers in a particular Congregation, fome of them do more efpecially at ¬ tend the infpeftion of one part, tome of another, as may be moft convenient, - • and 140 The Civil I fVartes v,,lv' v* v -- — — j x j civil Employment may beleaft'hindred thereby. Flrft, That Claftkal Pi esbyteries, which are Afiemblies made up ofMi- nifters of the Word and other ruling Officers, belonging unco feveral neighbouring Congregations, (hall have power co confider, debate and re- folve according to GodsWord,fuch cafes of Con(cience,or other difficulties in Dofti ine as are brought unto them out of their A flociations, according as they ffiall find needful! for the good of the Churches. Secondly, To ex¬ amine and cenfure according to the Word, any erronious Doftrine which hath been vented within their Affociation, to the corrupting of the judge¬ ment of men ; and to endeavour the converting and reducing of Recufants, or any other in error or fchifm. Thirdly, To take cognizance ofcaufes omitted or neglefted in theElderffiips or particular Congregations, and to receive appeal from them. Fourthly, To difpence centimes incafeswith- in their cognizance, by Admonition, Sufpenfion, or Excommunication. Fifthly, To admoniffi, or further to cenfure Scandalous Minifters, whether in Life or Doftrine, according to the nature ofthe offence, and that not on¬ ly for fuch offences, for which any other Member of the Congregation (hall incur any cenfure of the Church, in which cafe he is to be cenfured by the Claffis, by the like cenfure,for the like offence, but likewife particularly for Simony, entering into any Miniftei ial charge, without allowance of autho¬ rity, falfe Dofti ine, affefted lightnefie and vanity in preaching, wilfull neg- left of preaching, or flight performance of it, wilfull non-reffdence from his charge, without call, or caufe approved by the Claflis, negleft of Admi- niflrationof the Sacrament, or other Minifterial duties required of him in the Direftory ofwoifhip, depraving and (peaking reproachfullyagainft the vvholfome Orders, by authority fetled in the Church, calling reproach upon the power of Godlinefle, which he by his Office ought cheifly to promote; yet that no Miniftei" be deprived or degraded but by the refolution of a Synod. Sixthly, To examine, ordain and admit Minifters for the Con¬ gregations refpeftively therein affociated, according to the Orders and Di¬ rections hereafter following. WHereas the word Presbyter, that is to fay, Elder, and the wordBi- fhop, do in the holy Scriptures intend and lignifie one and the fame funftion, although the Title of Bifhop hath been by corrupt cuftom appro¬ priated to one, and that unto him afcribed, and by him affiimed, as in other things,fo in the matter of Ordination, that was not meet; which Ordina¬ tion uotwithftanding being performed by him a Presbyter joyned with other Presbyters, weholdforfubftancetobevalid, and not to be declaim¬ ed of any that have received it, and that Presbyters fo ordained, being law¬ fully thereunto called and authorized, may ordain other Presbyters ; and whereas alfo it is manifeft by the Word of God, that no man ought to take upon him the Office ofaMinifter, untill he be lawfully called and oidained thereunto; and that the work ofOrdination, that is to fay, an outwaidfo- lemn fetting apart of Perfons for the Office of the Miniftry in the Church, by the preaching Presbyters, is an Ordinance of Chi iff, and is to be peifor- med with due care, wifdom, gravity and folemnity, It is ordained by the Lords and Commons aflembled in Parliament, and by the Authority of the "The power of Cloffial AJfetnblies. 1 he Ordination of Minifters. fame, .To»! U« /of Cjreat Britain and Ireland. fame, after advice had with the Affembly of Divines, now convened at IFtft- minfler3 that the feveral andre pe&ive bounds may and lhall examine, ap¬ prove and ordain Presbyters, according to the Direftoay for Ordination, and Rules for Examination hereafter exprefTed ; that is to fay, T_hs Joules for Examination are thefe. FIrft, That the partie to be examined l^e dealt with in a Brotherly way, with mildnefle of Spirit and withfpecial reipeft to the Gravity, Mode- fty, and quality of every one. Secondly, He fhall be examined touching his skill in the Original Tongues; and that tryal be made by reading the Hebrew and Greek Teftaments, and rendei ing fome portions of them into Latin; inquiry alfo fhall be made or his knowledge and skill in Logick,Phi!o- fophy, and other Learning. Thirdly,It fhall be inquired what Authors in Di¬ vinity he hath read, and obferved theEccleliaftical Hiftory, and what his skill is in the Chronology of the Scripture. Fourthly, Tryal fhall be made of his knowledge in the chief Grounds of Religion, and of his ability to de¬ fend the Orthodox doftrine contained in them againft all unfound and er¬ roneous opinions, efpecially thofe of this prefent Age; alio of his skill in the fence & meaning of fuch places of Scripture as fhall bepropof'ed tohin>;alfo his judgement in Cafes of Confcience. Fifthly,If he hath not before preached in publick, with approbation of fuch who have ability to judge; he fhall at a competent time affigned him, and before the Presbytery,preach a Sermon upon fuch a place of Scripture as fhall be given him. Sixthly, Hefhallin a competent time alfo frame a difcourfein Latin in fuch common place or controverfie in Divinity as fhall beaiTigned him, andexhibitetothe Pref- bytery fuch Thefes as expreffe the fum thereof, and maintain a Difpute up¬ on them, and iie fhall preach before the people, the Presbytery, or fome of the Minifters of the Word appointed by them, being prefent. Seaventhly, The proportion of his Gifts in relation to the place unto which he iscalled, fhall be confide: ed. Eightly,Befides,the tryal of his gifts in preaching,he fhall undergo an examination in the premifes two feveral daies , or more if the Presbytery fhall think it neceffary. Thirdly, After which he being appro¬ ved is to be fent to the Church , or other place where he is to ferve, if it may be done with fafecy and conveniency, there to preach three feveral daies, and to converfe with the people, that they may have tryal of his Gifts for their Edification , and may have time and leafure to inquire into, and the better to know his life and converfation. Fourthly, In the laft of thefe daie^ appointed for the making known of his Gifts in preaching, there fhall be feilt froijn the Presbytery to the Congregation a publick Inth ument in writing, which fhall publiquely be read before the peop'e, and after af¬ fixed to the Church-door , to fignifie fuch a day any Member or Members of the fa id Congregation, or any other Perfon or Perfbns whatfoever, or any ofthemmay put in, with all Chrifliandifcretionand meeknefs,what excepti¬ ons they have againft him,and if upon the day appointed there be no juft ex¬ ceptions againft him, the Presbytery fhall proceed to Ordination. Fifthly, Upon the day appointed for Ordination , which is to be performed in that Church where he that is to be ordained is to ferve (if it may be done with fafety and conveniency Ja folemn Faft fhall be kept by the Congregation,that they may more earneftly joyn in Prayer to God*for a Bleffing upon the per¬ fon and labour of this his Servant, folemnly to be let apart to the Office of the Miniftry for their good; the Presbytery fhall come to the place, or fome Minifters of the Word , five at the leaft fhall be fent from the Presbytery, whereof one fhall preach to the people concerning the Office and Duty of the Minifters of Chrift, and how the people ought to efteem him for the Works lake. Sixthly, After the Sermon tnled, the Minifter which hath preached fhall in the face of the Congregation demand of him , who is now to be ordained, concerning his Faith in Jòfus Chrift, and hi perfwafionof "u" '' Reformed Religion, according to the Scriptures, his fin- 24I Kk ceie 14-1 I 6 4* <5 The Civill iVoirxes $ cere intentions and ends in defil ing to enter into this Calling, his refoluti- on to ufeconftant diligence in Prayer, reading, meditation, preaching, mi¬ nifying the Sacraments, and doing all minifterial Duties, towards his Charge , with his whole defin e, as in theprefenceof God, foas may molt further their edification and falvation, his zeal and faithfullneffe in main¬ taining the truth oftheGofpel, and purity of the Church, againft Errour andSchifme, his care that himfelf and Family may be unblamable, and ex¬ amples to his flock , and his full purpofe to continue in his Duty againft all trouble and perfecution. Seaventhly, In all which having declared himfelf, profeffed his willingneffe, and promifed his endeavours, by the help of God, the Presbytery , or Minifters fent from them, flail folemnly fet him apart to the Office and Work ofthe Miniftry, layingtheir hands on him, with a fhoi t Prayer or blefling to thiseffeft; Thankfully acknowledging the mercy of God in fending of Jefus Chrift for the redemption of his peo¬ ple, and for his Afcention to the right hand of God the Father, and there pouring out his Spirit, and giving Gifts to Men, Apoftles, Evangelifts, Pro¬ phets, Paftors and Teachers , for the gathering and building up of his Church, and for fitting and inclining this Man tothis great Work; tobe- feech him to fill him with his holy Spirit, whom, in his name, wefet apart to this holy fervice, to fulfill the Work of this Miniftry in all things, that he may both fave himfelf and the people committed to his Charge. Eighthly, This or the like form of prayer or blefling being ended, let theMinifter who preached, briefly exhort him to confider the greatneffe of his Office and Work, the danger of negligence both to himfelf and his people, the bliffe which will accompany his faithfullneffe in this life, and that to come; with all let him exhort the people, and charge them in the name of God willingly to receive and acknowledge him as the Minifter of Chrift, and to maintain, encourage, and aftift in all the parts of his Office , and fo by pray¬ er, commending both him and his Flock to the grace of God, after the ting¬ ing fa Pfalm, let the Affembly be difmiffed with a blefling. Ninthly, Let fuch as are or {hall be chofen or appointed for the fervice of Army, Navy, Colleges, or other Charges, be ordained as aforefaid, in fuch Church as the Claflical Presbytery, to which they fhall addreffe themfelves, flail think fit , and fuch alterations made by the Minifter that ordaineth, from the ex¬ hortation laft beforeprefcribed, as the circumftance, place, and perfon fhall require. Tenthly, Let every one which is or fhall be chofen or appointed to any place or Congregation, not being at that time within the bounds of any Claflical Presbytery be ordained by that ClafTis of Presbyters which he fhall addreffe himfelf unto, or by five or any greater number of Minifters ofthe Word, to be fent from that Presbytery; which Ordination is to be per¬ formed according to the rules and direffions before prefcribed, as far as with fafety and conveniency may be. And be it further ordained by the Lords and Commons, and by the Authority aforefaid, that every perfon formerly ordained a Presbyter, according to the form of Ordination which hath been held in the Church oi England, and is to be removed to another Charge, do bring to the Presbyter where he is to be placed,if there be any, and if not,then to fome other Presbyter,a Teftimoniai of his Ordination,and of his Abilities and converfation, whereupon his fitneffe for that place to which he is to be removed , fhall be tryed by his preaching there, and if it fhall be judged neceffary by a further examination, and fo without any new Ordination, he fhall be admitted , if he be approved as fit for that place; and if any perfon, ordained Minifter in Scotland, or in any other Reformed Church be defigned to any Congregation in England, he is to bring from that Church to the Presbytery where he is to be placed, if there beany, and if not, then to fome other Presbytery, a fufficient Teftimoniai of his Or¬ dination of his life, and converfation while he lived with them, and cf the caufes of his removal, and to undergo fuch a tryal of his fitneffe and fuffi- ciency, Äm . rSt- ?'«W ^ecll'e% ^bytheh^ - 0, J|r •f 7 r L/"V"VJ l! lit if! X-4-6 64.8 The Chill Wdrres r 9 uch Congregation having notice of fitch fufpention, (hall not, without cer¬ tificate from the Congregation whereof he is a Member , that his fufpenfion is taken off , admit him unto the Sacrament. 61y. That any Minifter of a Congregation may be fufpended from giving or receiving , and any Elder from receiving the Sacrament of the Lords Supper, for the fame caufes, and in the fame manner, and have the like benefit of Appeal, as any other perfon may by this Ordinance, and after fiich fufpenfion of the Elder from the Sacrament, the Elder fo fufpended fhall not execute that Office during his fufpenfion, untill the Appeal be determined, and if upon Appeal that fufpenfion appear to have been juft, then another to be chofert in his place. 7ly. That in cafe of fuch fufpention of any.Minifter , the Claffis whereunto the faid Congregation doth belong,, fhall appoint fome fit perfon or per- fons for the (upply of that place, during fuch fufpenfion, and fhall have power to allow convenient maintenance for that end out of the profits be¬ longing to the Minifter fo fufpended , and have hereby power to fequefter and imploy the fame for that purpofe. 81y. That in all cafes of fufpenfion of any perfon from the Sacrament of the Lords Supper, the party fufpended upon manifeftation of his or her repentance before the Elderfhip by whom the party was fufpended, fhall be admitted again unto the Sacrament of the Lords Supper, and the fufpenfion thenceforth fhall be void. And becaufe the Lords and Commons in Parliament affembled having it alwayes in their purpofe and intentions, and it being accordingly declared and refolved, That all forts of notorious fcandalous offendors fhall be fufpended from the Sacrament; Be it ordained,That Algernon Earl of Northumberland,Henry Earl of Kent, &c. about a hundred andfeventy in all, thefe, or any nine of them fhall be a Committee of Lords and Common# to adjudge and determine fcandalous offences , not formerly enumerated , and the Elderfhips fhall proceed their examinations of fuch fcandalous offences, according to the cautions and reftiiftions mentioned herein. And the faid Committee fhall have fuch power, and fhall proceed in fuch fort as is hereafter menti¬ oned. If any notorious and fcandalous offence not formerly enumerated be committed by any within any Eldeifhip, and fo after full proof fhall be found before the Eldei ship,who shall have power to examin proofs and wit- nefles on both fides, in cafe both the Elderships and the party complained of, do agree, the proofs and examination to be duly taken, the faid Elder¬ ship shall forthwith certifie the faid offence with the proofs to the Com¬ mittee of Parliament , who shall with all convenient fpeed determine and adjudge the fame: but in cafe the party accufed fhall find himfelfagrie- ved, either by the not examination, or undue examination of witnefi- fes, or inif-entring of the depofitions; in fuch cafe he shall forthwith declare the fame to the Eldership, who shall relieve him if there becaufe, which if they shall not do, then the three Juftices of the Peace next to the Par ish, whereof the Party complained of is a Member, or any two of them, not being of the fame Eldership before whom the complaint lyes, shall have power, and are hereby enabled and required forthwith to examine upon oath the faid witneffes that were not examined, or wereniif-examined, or whofe depofitions were mif-entred , snd with all convenient fpeed return the examination to the faid Committee of Parliament, and in cafe the faid Juftices, or any «wo of them, do not finish their examination within fix day es after the Gaufe shall beprefented unto them, the party shall abftaiti untill they have finished and certified their examinations;and the faid Com¬ mittee upon hearing the whole matter from the Elderships and Juftices, or either of them shall adjudge, whether the fame be a notorious and fcanda¬ lous offence, and fo proved or no, in cafe the faid Committee shall not ad¬ judge and determine the Cafe within fourteen dayes after the receipt of rhe Certificate to them made, the party againft whom the Certiiicate shall be made, shall abftain from the Sacrament untijl theCommittee shall de- d ermine ¥ I ?! SI II III ifif IBM fc ; "T'ì'iÌ'-'l pR'tP'l ÌMf ff< ir II ■ I'lÌ 148 7be Civill Wanes r. the dire&ions aforementioned* Seventhly, That if any acctifeanother for * Q a Scandalous Crime unjuftly, the Elderfhip fhall not only clear the wr&nged I 6 4 0 perfon, but take care the accufer may make fuch acknowledgment as the EU ' derfhip (hall advife, according to the nature of the faft. Eighthly, That in all offences brought before the Elderfhip, they are tobe carefull to keep the matter as fecrec as they can, even though they be forced to proceed to fufpenfion, and not to make it more publike than the nature of the faft,and the irfjpudency of the perfon doth conftrain them. Ninthly, In cafe they fhould becenfured in the particular Congregation whereof he is a Member, he may fecretly appeal to the Claflical Presbytery, or farther, if it be requi- fite, where not only himfelf may be cleared and righted, but fuch as have done the injury may be cenfured, yet pendente lite, let him abftain from the Sacrament. Of Excommunication and the courfe of proceedings therein. The Order of proceeding xvith offenders who before Excommunication manifeü Repentance. FI; ft. When the offence is private, private admonition is in all love and wifdome is to be obferved, that the offender may cither be recovered by repentance, or if he adde obftinacyor contempt to his fault, he may be cut off by excommunication. Secondly, If the fin be publiquely Scanda¬ lous, and the finner being examined be judged to have fignes of unfeigned repentance, and nothing juftly objefted againft it, when made known unto the people, let him be admitted toconfelfion of his fin and manifeftation of his repentance before the Congregation. Thirdly, When the penitent is brought before the Congregation, the Minifter is to declare his fin, where¬ by he hath provoked Gods wrath, and offended his people, his confeffionof it, and profeflion of it, and profeflion ofliis unfeigned repentance for it, and of his refolution through the ftaength of Chrift to fin no more, and his de- fire for their prayers for mercy and grace to be kept from falling again into that or any the like fin: of all which the penitent is to make a full and free exprcflion, according to his ability. Fourthly, Which being done, the Minifter after prayer to God for the penitent, is to admonifh him to walk cii cumfpeftly, and the people to make a right ufe of his fall and rifing again, and fo to declare that the Congregation refteth fatisfied. V The Order of proceeding to Excommunication. Firft, Excommunication being a (hutting out of a perfon from the Com¬ munion of theChurch, and therefore the greateft and laftcenfure of the Church, let it be inflifted with great arid mature deliberation, and after all other good means affayed. Secondly, 1 hat fuch errors as fubvert the faith, or any other errors which overthrow the power of Godlineffe, if the party who holds them fpread them, feeking to draw others after him, and fuch fins in prattice as caufe the name and truth of God tobe Blafphemed, and cannot ftand with the power ofGo'dlinefs, and fuch prafticcs as in their own nature, manifeftly fubvert the order, unity and peace which Chrift hath efta- blifhed in his Church, and particularly all thofe fcandalous fins for which any perfon is to be fufpended from the Sacrament of the Lords Supper, ob- ftinetely perfifted in, thefe being publiquely known, to the juft fcandal of the Church, the fentence cf Excommunication may and ought to proceed ac¬ cording to the Direftions hereafter following. Thirdly, But theperfons who hold other errors in Judgement about points wherein Learned and Godly men pofiibiy may or do differ, and which fubvert not the faith, nor are deftruftive to Godlineffe, or that be guilty of fuch fins of infirmity, as aie commonly found in the Children of God, or being otherwife found in :■ • the licition j1 I in 111 it Iclr of Cjreat Britain and Ireland. the Faith and holy in life, .and fo not failing under cert fur e by former rule?, endeavour to keep the unity of the Spirit in the bond of peace, and do yet out of Conscience not come up to the obfervationofall choferules which are or fhall beeftabliffied by Authority,iu regulating the outward worfhip of God, and Government of his Church, the fentence of Excommunication for thole Cau(es fhall not be denounced againft him. 4I v. That when the fin becomes pubiickand juftly fcandalous, the Offender fhall be dealt wichall by the Elderfhip to bring him to repentance, and tbfuch a manifeftation thereof, as that his 1 epentantance may bepublick as thefcandal: but if he remains obftinate, he is at laft to be excommunicated, and in the mean time fhall be fufpended from the Sacrament of the Lords Supper; and whereas there be divers and various judgements touching the power of Excommu¬ nication , and the proper fubjett thereof, for the clearing of difficulties, a- voiding of offences, and prefer vation of peace, let thefefollowing direfti- ons be obferved. In the great and difficult Cafes of Excommunication, whether concerning Doftrine or Converfation, the Claflical Presbytery upon the knowledge thereof may ex mine the perfon , confider the nature of the offence, with the aggravations thereof, and as they fhall fee jufl caufe may difcern and de¬ clare, that he is to be excommunicated , which fhall be done by the Elder- ftiip of that Congregation whereof he is a Member, with the confent of the Congregation, in this or the like manner. Fi* ff, A« there fhall be caufe, feveraf publick admonitions fhall begiven to the Offender, ifheappears; and Prayers be made for him. 2ly When the offence i. fo haynoUs, that it cryes to Heaven for vengeance, vvafteth the Conference, and is generally fcandalous, the cenfures of the Church may proceed with more expedition. 3ly. In the admonitions let rheFaft be charged upon the Offender, with the clear evidence ofthe guilt thereof; then let the nature of his fin , thè particular aggravations of it, thepunifh- ment and curies threatned againftit, theidanger of impenitency after fuch means ufed, the forrowfiill condition of them caft out from the favour of" God, and communion of the Saints, the great mercy of God in Chrift to the penitent, how ready and willing Chrift is to forgive , and the Church to accept him upon this his ferious repentance. Letthefe, br the like particu¬ lars be urged upon him out offome fuitable places ofScripture. 4-ly- The fame particulars may be mentioned in Prayer, wherein the Lord is to be in- treated to bleffe this admonition to him , and to affeft his heart with the confide: acion of thefe things, thereby to bring him unto repentance. 5!/. If upon the laft admonition and prayer there be no evidence nor fign of his re¬ pentance, Let the dreadful1 Sentence of Excommunication be pronounced with calling upon the Name of God , in thefe or the like Exprejftons. WHereas thou N haft been by fufficient proof convinced of [ Here mention the Sw~\ and after due admonition and prayer remains ob- ftinate, without any evidence or fign of true repentance; Therefore in the Name of the Lord Jefus Chrift, and before this Congregation, I do pro¬ nounce and declare thee N. excommunicated, and Ihut out from the Com¬ munion ofthe Faithful 1. ' 1 Let the Prayer accompanying the Sentence be to this effctt. THatGod , who hath appointed this terrible fentence for the removing of offences, and reducing ofobftinate finners, would be piefent with this his Ordinance, to make it effeftual to all thofe holy ends, for which he bath appointed it; That the retaining ofthe Offenders fin, and (hutting him L1 . out l$o 6 4 S 7 he Chill \Virres r. out of the Church, may fill him with fear and ftiame, and break his obfti- nate heart, and be a means to deftroy the flefh, and be a means to recover him from the power of the Devil, that his Spirit may be faved, that others alfo may be ftricken with fear, and not dare to fin fo prefumptuoufly, and that all tuch corrupt leaven being purged out of theChurch, which is, the Houfe of God, Jefus Chrift may delight to live in the midft of them. After the denunciation of this fentence, the people are to be warned, that the People hold him to be caft out of the Communion of the Church, and to shun all Communion with him. NeverthelefleExcommunication difi- folveth not the Bonds of civil or natural relations, nor exempteth from the Duties belonging to them. \ The Order of proceeding to Abfolution. IF after Excommunication the figns of repentance appear in the excom¬ municated pei foil, fuch a godly lorrow for fin, as having thereby incur¬ red Goda heavy difpleafure, occafioned grief to his Brethren, and juftly pro¬ voked them to caft him out of their Communion, together with a full pur- pole of heart to turn from his fin unto God, and to reform what has been amide in him, with an humble defire of recovering his peace with God, and his people, and to be reftored to the light of Gods countenance, and the communion of the Church: let him be brought before the Congregation, and there alfo make a fiee confeflionofhis fin, with forrow for it, to call upon God for mercy in Chrift, to feek to be reftored to the Communion of the Church,promifing to God new obedience,and to them more holy and circumfpeft, walking as becommeth the Gofpel. Let him be pronounced in the Name of Chrift abfolved from the cenfures of the Church, and de¬ clared to have right to all the Ordinances of Chrift, with praifing of God for his grace, and pray , That he may be fully accepted to his favour, and hear joy and gladnede, to this effeft , TopraifeGod who delighteth not in the death of a finner , but that he may repent and live, for blefling the Ordinance of Excommuncation, and making it effectual by his Spirit, to the recovery of this Offender, to magnifie the mercy of God through Je¬ fus Chrift, in pardoning and receiving to his favour the nioft grievous Of¬ fenders whenfoever they unfeignedly repent and forfake their fins, to pray for affurance of mercy, and forgiveneffe to this Penitent, and fo to blefie this Ordinance of Abfolution, that he may find himfelf loofed thereby, and that the Lord would henceforth fo uphold and ftrengthen him by his Spirit, that being found in the Faith, and holy in all manner of Cover&ti- on, God may be honoured, theChurch edified, and himfelf fayed in the day of the Lord Jefus. Then fliail follow the Sentence of esfbfulution in thefe or the like words. WHereas thou N. haft for thy fin been (hut out from the Communion of the Faithfull, and haft now manifefted thy repentance, wherein the Church refteeh fatisfiedj in the Name of Jefus Chrift before this Congre¬ gation, I pronounce and declare thee abfolved from the fentence of Excom¬ munication, formerly denounced againft thee, and do receive thee to the Communion of the Church, and the free ufe of all the Ordinances of Jefus Chrift, that thou mayeft be partaker ofhis benefits to eternal falvation. After this Sentence of Abfolution, let the Minifter fpeaktohim as to a Brother, exhorting him to watch and pray, or comforting him, if there be need, let the Elders embrace him, and the whole Congregation hold Com¬ munion with him as one of their own. f This is the whole Presbyterian Church-Government, as it waselfabliftied by the two Houfes, which, whether it would not have proved far more burdenfom to the people than Epifcopacy, I leave to thofe mens de¬ terminations, I tttir I # 1 T - ofCfreat Britain Ireland. terminations, whofe leifure and abilities may make them capable of judge- big it. CHAP. LXXXIV. The Treaty of Newport; The Kings Concejsi- I ons but with all remember, that it is the definition,not names of things which makes them rightly known, and that without means to perform, no Proportion can take effeft : and truly my prefent condition is fuch, thac I can no, more Treat, than a Blind-man judge ofCellers,or one run a race who hath both his feet fafttyed together; wherefore my fir ft neceffary demand is,Tuat you will recall all fuch Votes and Orders by which people are hin¬ dered or frighted from coming, writing or fpeaking freely to me: Next, L 1 2 That a i Iii I 6 4 S l'f I ' |*è I n I -ii , b ' I 8»' The Civil I Wanes That fuch men of all profèfiions whom I (hall fend for as of neceffiry ufe to nie in this Treaty, nuy be admitted to wait upon me; in a word, that I may be in the fame hate of Freedom I was in when I was laft at Hampton Court, and indeed lefle cannot in any reafonable meafure make goodthofe offers which you have made me by your Votes, for how can I Treat with Honour, fo long as people are terrified with Voces and Orders againfi: com¬ ing to fpeak or write to mi? and am I Honourably Treated, fo long as there is none about me, except a Barber, who came now with the Commtflioners, that ever I named to wait upon me? or with Freedom, untill 1 may call fuch unto me, of whofe fervices I fhall have ufe in fo great and difficult a work? and for Safety, I fpeak not of my Perfon, having nò apprehenfion on that way, how can I judge to make a fàfe and well-grounded peace, untill I may know, without difguife, the true prefent ftate of all my Dominions,and par¬ ticularly, of all thofe whofe Interefts are necefiarily concerned in the peace ofthele Kingdoms ? which leads me naturally to the laft necefTary demand 1 fhall make for the bringing of this Treaty to a happy end; which is, That you alone, or you and 1 joyntly,do invite the Scots to fend fome Perfons au¬ thorized by them, to Treat upon fuch Propofttions as they fhall make, for certainly the publique and necefTary Intereft they have in this great fettle- ment, is fo clearly plain to all the world, that 1 believe no body will deny the neceflity of their concurrence in this T reaty, in order to a durable peace; Wherefore I will only fay, that as lam King of both Nations, (b I will yield to none in either Kingdom, for being truly and zealoufly affe&ed for the good and honour of both, my refolution being never to be partial for either, to the prejudice of the other: Now as to the place, becaufe I conceive it to be rather a circumftantial than real part of this Treaty, I fhall not much in¬ fill upon it, 1 name Newport in this lfle, yet the fervent zeal I have that a fpee- dy end be put to thefe unhappy diftra&iom, doth force me earneftly to de- fire you to confider what a great loffe of tune it will be to T reat fo far from my two Houfes, when fmall debates,of which doubtlefle there will be many, muft be tranfmitted to Wejiminfler before it be concluded, and really 1 think, though to lome it may feem a Paradox, that peoples minds will be more apt to fettle, feeing me Treat in or near London, then in this lfle, bacaufe fo long as I am here, it will never be believed by many, that I am really fo free as before this Treaty begin I expeft to be,and fo I leave and recommend this point to your ferious Confideration, and I have not only fully accepted of the Treaty which you have propofed to me by your Votes of the third of this month, but alio given it all the furtherance that lies in me, by the necefTary means for the effectual performance thereof, all which are fo necef- fary implyed by, though not particularly mentioned in your Voces, as I can no waies doubt of your ready complyance with me : Herein I have no more to fay, but to conjure you by all that is dear to Chriftians, honeft meu, or good Patriots, that ye will make all the expedition poffibie to begin th'ft happy work, by hailing down your Commiffioners fully authorized, anu well inftrufted, and by enabling me,as I have (hewed you to Treat, praying the God ofPeacefoto bleffe our endeavours, that all my Dominions may lpeedily enjoy a fafe and iVell-grounded Peace. CariibrookjCajlle, 16. Aunift 1648. The Parliament upon debate of this Anfwer of the Kings, paffed thefe Votes, That the Votes of Non-Addrefle to the King, be recalled; That fuch Perfons as he (hall fend for, as necefTary to him in this Treaty, be ad¬ mitted ;• That he be in the ftate of Freedom as at Hampton ourt, with Inch Servants as he defires ; That the Treaty be at Newport; That the Scots be invited to Treat with his Majefty upon the Proportions of both Kingdoms delivered to him at Hampton Court; That his Majefty be admitted :oinvice the Scots thereunto; That the Inftruftions of Parliament to Col. Hmond be ,!lP 0! ttßltRr fr r- 2-54 6 4- 8 77;*? CivilllVdrres Treaty upon the Propofitions; The four Bills were, i. That the parli¬ ament fhould have power foe the future to order the Militia without the Kings confent, to raifewhat Amies they pkafe, and none others upon pain of Trcafon, fhould affemble to the Number of Thirty perfons, without the Authority of Parliament, aly. That the Houfes might fit, adjourn, and affemble to any place, and at any time at their own discretion. 3ly. To declare Oaths, Interdiftionv, and Declarations againft the Parliament void. 4ly. That all Titles of Honour conferred by die King , from the time himfelf departed , and conveyed away the Great Sejdof England, fhould be void. Thele were likewife to run vvith thisPreambl^Forafmuch as both Houfes of Parliament have been neceffitated to undertake a War for their juft defence, and for the profecuting thereof, have bound themfeivesin a Covenant, Be it enafted by the Kings Command, 8cc. So that the King nmft be forced to own their taking up Armes juft and neceffary, and his own unjuft; but it was thought impertinent, as the King had formerly alleged,to come to a Treaty, and to grant the Chief things to be treated of, before the Treaty began; the Propofitions therefore, which were 11. in number,were tajten into Debate. Fiift, That all Declarations and Proclamations againft the Two Houfesof Parliament, and all Judgements and Indiftments, 8cc. againft them be de- claied null. To which the King willingly affented. 2ly. That a Statute be enafted for the abolifbing of all Archbifhop* and Bifhops out of the Churches of England and Ireland, and for the felling of their Lands and Re¬ venues : As alfo that the calling and fittingoftheSynod ofDivines beap- proved by the Royal affent, and the Reformation of Religion for England and Ireland, according to flieh models as the Members of Parliament had or fhould decree, Confultation beingfirft had with thefaid Divines. Andin particular, that the King would grant his affent, that the Aft of both Houfes formerly made concei mng the Direftory , as concerning the publique cele¬ bration of Gods vvoi fhip throughout England and Ireland, for theabolifhing the Autient Liturgy for the form of Church-Government, and Articlesof Religion,with the Catechifmes,the great and the lefs,for the more religious Obfervation of the Lords day, for fuppi effing of Innovations in Churches and Chapels, for theincoui aging the publique Preachers co their Duties by a juft reward, for prohibiting pluralities of Benefices, and Non-refi- dence to Clergy-men, fhould henceforth paffe into Statutes and Laws. That the King would fet his hand to the National League and Covenant, and fuf- fer himfelf to be bound by the fame. That by a publique Aft it beenjoyn- ed , all the Subjefts of both the Kingdoms of England and Sc tland to be bound thereby under a penalty to be impofed at thepleafure ofboth Hou¬ fes. That it may belong to the Houfes of Parliament to vifit and reform the Univerfities of Oxford and Cambridge, and the Colleges ofWcjltninfter, Winch efl'er, and Eaton. That it be provided by Statutes, that Jefuites, Pi lefts and Papifts difturb not the Common-wealth, nor elude the Laws; as alio for the determinating of them , an Oath to be adminiftred to them, wherein they fiiall abjurcthe Pope of Romes Supremacy, Tranfubftantiation, Purgatory, Image,Worfhip,and other Supeiftitious Errors of theChurchof Rome. That provifion be made for the education of the Children of Pa¬ pifts in the Faith and Religion ofProteftants, for the impofing of Mulftson Papifts , and difpofing the benefit thereof at the difcietion ofthe Parlia¬ ment. That pro vifit n be madefor fuppreffing thepraftices of Papifts againft the Common-wealth, for the executing Laws againft them without fraud , and for the ftrifter foibidding of adiuiniflring and frequenting Maffe, whether in the Court, or vvhatfoever place within England and Ire¬ land. The King affented to all the Articles , except only that, for the a- oolifhing of Bifhops , and the (a'e of their Revenues; yet in fome mea¬ sure, to comply with the Parliaments Defires in that particular , he was content, that v.Intfoever did in Epifcopacy appear not to have clearly proceeded * ofCjrcat Britain and Ireland. proceeded from Divine inftitution ffiould be totally abolifhedj and af¬ terwards hoping that the Parliament would in other things condef- cend fomewhat to him, he was content that the Office of Ordination ffiould not for three years be exercifed byBiffiops, without the confentof the Presbytery, yet this to befufpended till twenty Divines of his own no¬ mination, confulting with the Synod, femething of certainty might be de¬ termined, touching Ecclefiaftical Government; whereto, together with the Parliament, he promi fed to give affent; nor was he unwilling that the Presbytery ffiould in the mean time be fetled for experience of it. But for the Sale or Alienation of thd Church Lands and Revenues, efteeming it a horrid Sacrilege, he could no,! affent, yet to comply as far as he in Confid¬ ence might with the Parliament, he would permit them tobe letoutfor ninety nine years, paying a fmall quit rent yearly, in teftimony of their He¬ reditary right, and for the maintenance of theBiffiops, provided that after that term were expired, they might return to the right of the Crown, to be i nployed to the ufe-of the Church. The third Propolitions was, That the power of the Militia both by Land and Sea,throughout England and Ireland, fhould refide in the Parliament folely, with power to raife and train as ma¬ ny Souldiers as they pleafed, to lead them whither they plealed, and tolea- vy what monies they plealed for their pay, whereby they might be able to encounter inteftine troubles, and refill forreign Jnvafions, and that the King and his Succeflors ffiould not claim any right therein for the ("pace of twenty years, after the expiration whereof, if the Parliament ffiould think the fafe- ty of the Commonwealth to be concerned, chat an Army, whether for Land or Sea fervice, be raifed, and pay ailotced them, and exaft the fame by their Authority; That fuch Votes ffiould have the force of a Law, though the King refuted to give his affent; and That ifanyperfons of what degree or quality foever, to «he number of thirty, ffiould be gachered together in Arme?, and ffiould not at the command of the Lords and Commons, lay down their Armes, they ffiould be accounted guilty of High Treafon, with¬ out hope of Pardon from the King. To this Propofition the King affented according to their deiires. The fourth, That by an Aft of Parliament, the Ceflationof Ireland, and all Treaties and Articles there made without the content of Parliament, ffiould be void; and That the right of profecuting the War againft the I riffi Rebel Is, ffiould depend upon the difcretion of Par¬ liament ; That the Deputy and all Minifters, whether of the Martial or Ci¬ vil Government, ffiould be nominated by Parliament, as the Chancellor of Ireland, Keeper of the Great Seal, Treafurer, all Officers of the Kingdom, all the Judges, 8tc. and the Places, Offices, Honours, Titles and Donations of Lands granted by the King fince the Ceffation made, to be annulled. Thb Propofition likewife the King fully and wholly affented to. The fifth, That all Honours and Titles fince the fecond of May 1642. at which time the Great Seal was carried away from the Parliament by the Lord Keeper,ffiould be declared null; and That uo man hereafter chofen into the Honour of Peerage, ffiould fit in the Houfe of Lords without the confent of both Houfes. To this likewile the King gave his affent. To the fixth Propofi¬ tion, That the Parliament ffiould raife what monies they pleafed for the payment of publique debts and damages, and for whatfoever publique ufes they ffiould hereafter fee needfull. The King confented, provided that thole debts might be audited and afcertained within two years. The fe- venth Propofition contained chofe terms which Delinquents, orthofewho had been faithfull and ferviceable to the King, ffiould fall under, in the firft head of it, the two Princes Rupert and Maurice, three Earls, five Lords, two Biffiops, two Judges of the Kingdom, twenty two Knights, the Kings belt friends, together with all Papifts who had been in Armes, amongft whom was named the Marqueffe of iVinchefter, two Earis, two Lords, and fix Knights, with all fuch as raifed or fomented the Iriffi Rebellion, ffiould by che 255 1648 I IS6 ' 7 be Chill Wmcs rr the. Kings content be exempted from pardon of life or eflate; In the fecond £ -a Q head were included fuch Members of the Lower Houfe, who deferting * the Parliament, had pafled over to the King, together with all Judges,Law¬ yers and Clergy-men, who were required by the Kings conlent to beba- nilhed from Court, and to be made uncapable of executing publick Offices under the penalty of High Treafon, the Clergy to be interdifted preaching, and the Lawyers their praftice. Thofe under the third head,were fuch as had" afted or counfelled any thing againft the Parliament, who were made uncapable of publick Offices. The fourth qualification concerned the pri¬ vate Souldiers , and thofe vvhofe Fortunes exceeded not Two hundred pounds. The eftates of thofe who were comprehended in the frrft qualifi¬ cation, were to be fold towards payment of the Publique debts. Thofe Members who fate in Parliament at Oxford were adjudged to forfeit two parts in three of their Lands and Goods. The Judges, Lawyers and Cler¬ gymen the third part; and thofe under the third qualification the fixth part. Thofe under the fourth were to pafs fcot free, provided they had taken the National Covenant. This Propofition fo near touching the Kings Left Friends, and thofe who had fo long and fo faithfully ferved him, he could either in Honour or Confcience'fubjeft them under fuch hard terms; but to facisfie the Parliament he was willing to condifcend, That moderate pecuniary Fines might be impofed upon them, that they be prohibited ac- cefe to the King and Court , and forae of them be baniffied the Kingdom: but not under the brand of Treafon, nor with lofle of Lifeand Pofleflions; but with a pecuniary Mulft to be awarded, in cafe they ffiould return before the time piefixed them; That they ffiduld for three years be deprived of their right to fit in Parliament,That they ffiould be brought to Tryal, if the Parliament thought fit, and if they had committed any thing againft the eftabliffied Laws of England, that they fuffer according to their deter«; yet he was contented to grant the other Articles ofthat Propofition, jffo be fuch of the Clergy as were honeft , learned , and free from fcandal, might enjoy the third part of their Benefices, and that fuch might not be wholly put by the Office of Preaching. To the eighth Propofitiun, that all Officers of the. Kingdom, and Chief Magiftrates , for twenty years irext enfuing be Collated and Conftituted, according to the pleafure of the Parliament, the King contented to. As he likewife did to the tenth, That the New Seal framed at the Houfes appointment fhould be paffedby the King into the Great Seal of England , and that no other ffiould thereafter be uted; That all Grants-and Commiffions fealed by that New one ffiould remain firm; and all under the Old Seal, which was with the King, be made null and void, from fuch time as the Lord Keeper Littleton, conveyed it to York. To the tenth, ( That all Privileges, Grants, Charters and Immunities of the City of London ffiould be confirmed with new Afts; That the Tower of London, with -the Militia , ffiould be ordered at the difcretion of the Maior of the City, Aldermen and Common-Council; and thatno Citizen ffiould be compelled to military fervice out of the Liberties of the City, unleffeat the Parliaments appointment :i>. The King likewife condefcended. Thelaft, That the Courts of Wards, with ^1 Offices and Imployments thereto be¬ longing, ffiould be exterminated ; That all Services liRèwife impofed on that Account ffiould ceafe, Inheritances which formerly were held of the King inCapite, &c. (namely, by Knight-fervice) being freed from burden and charges;"fifty thoufatid pounds being in compenfation paid yearly to theKing. To the taking away the Court ofWards, &c. the King was wil- ling to agree, provided he might have, one hundred thoufand pounds per annum fetled upon him inflead thereof. Thus fairly was the Treaty going on, when News came to the Parliament that the Marquefle of Ormond via arived in Ireland with CommilTion from the King to mak** a Peace there up- m the beft terms he could, and.to raife all force polfibleto relea et.ie King of'ijreat Britain and Ireland, King out of Prifon, whereupon the Commilfioners for the Parliament were enordered to defire his Majeftie to re-call his Commillion, and make void Iiis Power and Authority ; To which the King returned Anfwer , That he could not re-call the Authority committed to the faid Marqueflfe of Ormond, at that inftant when he was delivered into Cnftody, ualefle theHoufes and he fhould agree in other matters; but if the Treaty, as was hoped, Ihould produce the happy and long defired peace, that then according to his condefcentions to their fourth Propolition, he would be content chat the management of the affairs in Ireland fhould be left wholly to the Parliaments difcretion, but in the mean time he would write Letters to Ormond, not to aft any thing in purfuance ofhis power and com- mi(fion,fo long as the Treaty, or any hopes of an accommodation lafted. The King indeed in this Treaty, manifefted more than ever his earneft de¬ files auj intentions oi fettling a peace, by condefcending to tilings beyond expectation, for the Propofitions were the fame which were fent to him to Hampton Court, and were there refufed by him, and thought unequal by the Army ; yet now to bring peace to his diftrefled and diftrafted Kingdoms, and quiet to his fo much harraffed Subjefts, he was content almoft totally to unthrone himfelf, and devolve both his Legiflative and Military power, into the hands of his two Houfes of Parliament, and fuch were his Concelli- ons that all men indeed hoped they would produce the long wifhed for re¬ conciliation ; The Parliament likewife agreeing ( with a Provifo if their Propofitions were conceded to) to fome Propofitions fent them by the King during the Treaty, as firft, That his Majefty might have liberty to re- fide in London, or in whatfoever of his own Houfes, and aft at a nearer dis¬ tance with the Parliament, with Freedom, Honour and Safety; That he might receive all the Revenues and Emoluments of his Crown ; That he might receive a compenfition for his lawfull Pvights, which the Parliament fhould chink fit to abolifh ; but his fourth demand, That an Aft of Amneftia or Oblivion fhould be paffed, and the very memory of all traverfes which happened in the heat of the War, be utterly deleted, they liked not fo well, nor would condefcend to but with cautelary limitations, yet in the end, things were fo well concluded, that although the time limited to the Parli¬ aments Commiflioners for to Tre it were but fourty dayes, nor had they any power to recede from any thing in the Propofitions, yet thing? feemed to go on fo fairly, that the greateft Obftacle was in that Propofition concern¬ ing Religion, about which the King by his Melfageof the 20th. of November y acquaints the two Houfes, That if they fhould not think fit to recede from the ftriftnefle of their demands "111 thefe particulars, he could with much more comfort call himfelf upon his Saviours goodnefie to fupport and de¬ fend him from all aflfhftions that might befall him, then for any politick confideration, deprive himfelf ofthe inward tranquillity of a quiet mind, wherefore as to thofe and other before mentioned particulars, he adhered to his former anfwers, hoping that the reafons therein fpecified would fuffi- ciently fatisfie, which reafons were by the Parliament referred to Mr. M/r- fiall, Mr. Vines, Mr. Caryl, and Mr. Seyman, who fpent a weeks debate with the King about them; Nor were the Army at firft beginning of this Treaty, any way difcontented at it, but feemed glad that there were any hopes of peace, profeffing that they would obey the Afts ofthe two Houfes, that publique peace would be wellcom to them above all others, that being free from the toylesofWar, they might fettle their own private affoirs, and after the end of their tedious labours, fit down to reft. But as the prevail¬ ing, or Army party in the Houfe of Commons, were frighted into this Treaty by the general difcontents ofthe molt Counties in England, and the Scot iß fnvafion, fo now thefe tilings in England being quelled, Cromveell re¬ turned Viftoriousfrom Scotland, and Fairfax out of FJpx, they began tobe fccui e, and to expreffe publique their difffffeftionto the Treaty, which ap- M m peared 1*8 , HI Iii—t - liHH < The Civill Wanes ' • reared by the many Petitions by them fet on foot, and prefertted as if fiff- fcribedby many thoufand hands againft it-, Nor were the Countries only fet about this villanous work, but the inferior Officers and common Souldi- ers, hold meetings and frame Petitions, defil ing that the Treaty with the King might be broken off, and that Juftice might be executed impartially onali, fomewhat plainly Glancing at the Kings perfon, and foon after de¬ manding their arrears, which the Parliament fairly proniife; notwithftanding which, come up half a dozen Officers, with the Armies large Remonftrance from their head Quarters at Wmdfor, containing in the preamble, a large account of the mitcafriages oftlieKing and Parliament in former Treaties, and therefore urging reafons to lay afide any further proceedings in this,and to return to their Votes of Non-Äddreffe, and fo to fettle the Government that he may be no more ufefull ; That the King might be proceeded againft by way of Juftice, for evillsdone by him, and that in order thereunto he be kept in fafe cuftody; That the bargaining Propofition with Delinquents be laid afide, which would prefent the thing as done by contraft with the King, and not in away judicially That a peremptory day be fet for fum- moning the Pi ince of Wales, ajjd Duke ofXar^, and if they refufe to come in, to declare them incapable of Government or Succeftion, and ftand exiled as Tray tors, and if they fborcld render themfelves,yet to be proceeded a- gainft for fatisfa&ion of evils done ; and That the Revenues of the Crown might be Sequeftred ; That publique Juftice might be done againft all ac¬ tors in the late Wars, and that others upon fubmiftion might have mercy; That the Armies arrears might be paid, the Country eafed ofFree-Quar- ter, publique debts dilcharged, an end put to this Parliament, and a new Reprefentative of the people chofen, for the governing and preferving the whole body of the Nation; That no King might be admitted hereafter but upon Eleftion of the people, and as upon truft for the people, who fhould likewife be limited by the Reprefentative, with many other ftrangede¬ mands, which extreamly ftartled the Parliament; But whilft they are de¬ bating it, Col. Eveers by order from the General, feizes on the Perfon ofthe King, and carry him to Hi'.rß Caftle, a place of fo noyfome an Air, that the Guards cannot ftay long there without changing; the news of this fome¬ what affrighted the two Houfes, who immediately Vote, That the feizing of his Perfon, and carrying him Pi ifoner thither, was without their advice and confent, and write to the General, telling him , That his Orders and Inftrn&ions to Col. Ewers for fecureing the Kings perfon, were contrary to their Refolutions and Inftruftionj to Col Hatnond, and that it was the plea- lure of the Houle, that his Excellency fhould re-call his Orders, and that Col. Hamond fhould be free to take hi > charge in the Ifle of Wight, the Trea¬ ty being ended. But the General inftead of yielding obedience to their commands, demands the arrears ofthe Army to be paid, telling them,That except he have prefent money,he muft be forced to remove his Quarters and come nearer London; and tofecond this demand, comes forth a Decla¬ ration ofthe Army in confirmation of their late Remonftrance, which the Parliament refilling to take into con fid erat ion, they follow it up to London, the General taking up his Quarters at Whitehall, and the reft of the Army about the AVws, Wejhninfier, and St. James, for whom the City is forced to raife forty thoufand pounds for the Armies prefent fupply, yet notwith¬ ftanding the Armies feizing ofthe King, and their coming in that manner, contrary to the Votes and defires ofthe Houle, up to the City, the Parlia¬ ment cn the 4th. of December, proceed in further confederation ofthe Kings Anfwer, which they had on the 2d. began firft to debate of, when Sir Hwy Vane junior, a confident of the Armies, the time when the debate began, fpokethus, Mr. Speaker, By this debate we fliall tyow who are our friends and who are ovr foes, or to fpakf wore plainly, we fliall discover who are the Kings party in the Houfe3 and who are the Peoples; To which it was immediately replyed by upon t J' "W ."Will if Cay ÖWKjüflltsJ of (freat Britain and Ireland. by another, that fince that Gentleman was fo bold to deal fo, by way ofpre- vention,in a threatning manner,and had fore-judged and divided the Houfe into two pai ts;He hoped it was as lawfull for Him,who was no Gainer by the trouble, to put him in mind of another divifion of the Houfe, which was, That he fhotild find fome defirous of Peace, and they were Loc/fers, or at leaft no Gainers by the War; others againft Peace, and thèfe by the War had gained large Revenues, and therefore his Motion was, that the Gainers might contribute to the Loo fen, and fo all fland upon equal feet, for till then the baliance of the Common-wealth would never bend towards aright fertlment.Thus they claihed togecher:but on the Monday foliowing refuming their debate about the Kings Anfwer, whether his Conceffions were fatif- faftory, or no { that Party which flood for the Army argued, that they were not fatisfaäory, becaufe the King had not granted the Propofitions in Ter- t>finis; but that was eafily anfwered by fome Members, who were honeft, and inclined to an accommodation, by telling them, that thofe Propofiti¬ ons were not fent to his Majefty as Bills to be pafled inTer minis without de¬ bate ; but as Propofitions to be perfonally treated on; That it was againft the nature of all Perfonal Treaties foco tye up the Parties on either fide, that there (l ould be no liberty of receffion, in any circumflance or particu¬ lar, or chat theCondifcentions fhould not be facisfa&ory, though all things demanded were not abfolutely granted;but Mr.Prynne oiLincolnes-Innehnd- iiig,that thefe Debates were like to run into Cavils,flatedtheQueflion more clearly thus, Whether the Kings final Anfwer to the Propofitions of both Houfes in this Treaty confidei ed altogether,be not fo full and fatisfaftory in themfelves, that this Houfe may, and ought to accept thereof, and proceed upon them for the fpeedy ferelement of a fafe & well-grounded peace both iri Church and Common-wealth, rather than rejeft them as unfatisfa&ory, and fo hazard the loffe of all, and the perpetuating of our Wars and Mife- j ies ? This he urged in the Affirmative, and maintained it with fo many foa lid reafons, that no man took upon him tooppofe him : fo it was put to the Vote, Whether this Queftion fhould be put? and the Yeas carried it, one hundred and forty, againft one hundred and four, but the vote it felf; That the Anfwers of the King to the Propofitions of both Houfes were a ground for the Houfes to proceed upon, for thefettlement of the peace of the King¬ dom , was carried in the Affirmative, without dividing che Houfe; And Sir John ÌÌvelylì, Sir Thorn,a JViddrington, Mr. Pinpoint, Mr. A four ft, Mr. M'aynard, Collonel ßircfe, and Mr. Solicitour, were appointed a Committee to con¬ fer with the General for continuance of a good correfpondence between them ; but he afterwards having made them wait three or four hours, at length told them, That the way to correfpond, was to comply with the Armies Remonflrance; And in purfuance of that Anfwer of his on fFednef- day morning (till which time after their fitting up till Tuefday morning upon debate of the Kings Anfwers they had adjourned ) Collonel Prides and Collonel Riches Regiments were fent to guard the Parliament, inftead of the Trained Bands, who were removed ; thefe having flint the Doors of ffTfttninfter-haU, fent in a Paper to the Commons, requiring, That the eleven impeached Members, and Major General Brosen, whom they alleged had irtvited in the Scots, might be fecared and brought to juftice, and that Ninety arid odde Members, who refufed to vote againft the.«cotifh invafion, and all that voted for re-calling the four Votes of Non Addrt^è, and all that voted for a Treaty,and concurred in the Vote of the fifth of \ ^cember, That the KingS Conceffions were a ground for a Settlement,might in. Mediately be fuff ended the Houfe , and that all fuch faichfull Members ( fofhey càlled them ) who wCie innocent of thofe Votes, would by Protei, fon acquit themfelves from any concurrence in them that they might be di; Vhguifhed. This Paper they fent in, btrt not flaying for an Anfwer, they befec t.  Lobby- Doors, and violently feized upon feveral Knightsand BurgefTes, above forty M m 2 jn ,l$9 16 ö * tf'he Chill Warrcs ?~v-in allyandiecured their perfcns, above one hundred more they denyed en- j OQ trance into the Efeufe, befides thofe whò voluntarily withdrew to avoid "V their violence; fo'that the Houfe was now made only a pi ivate Junfto of the Armies Creatures, who neverthelefle to make a kind of a Ihow to fuftain the freedom and privileges of Parliament, fent feveral times to the Gene¬ ral to know why he iinprifoned their Members, and humbling befeeching Ivim to (et them at liberty if he had nothing againft them; thereby, as it were, acknowledging the Generals power and jurifdiftionover them ; but tSe Members fo fecured and fecluded , being really feri.ible of the horrid force and violence upon the Houfe, contrary to the fundamental privile¬ ges 'of Parliament, on the i ith. of December publilhed their Proteftation agatnft it, in thelfe words, We the Knights, Citizens and Bnrgefjes of the Com¬ mons Houfe of Tar Ho went ( above one hundred in number ) forcibly feized upon, and violently kept out of the Houfe by the Officers and Souldiers of the Army, under Thomas Lord Fairfax, commtng thither to dtfekarge their Duties on Wcdnefday and Thurfday ltd7, being the fixth and feventh of this inftant December, do here¬ by in our Nantes, and in the Names of the refpefiive Counties, Cities, and Boroughs for which we fervc, and of all th. Commons of Engend, folemnly protect and de¬ clare to the whole Kingdom , That this execrable force and open violence upon our Perfols , ai'd the whole Houfe of Commons, by the Officers and Àrmy under their command, in marching up againtf their command, and placing jirong Armed Guard's of Florfe and Foot upon them, without and againTi their Order, is the high- eft and mdji detcflabtt force and breach of priviledge and freedom ever offered to a- njy Parliament of England ; and that all Alis, Ordinances, Votes and Proceed¬ ings of the faid Houfe, made fince the fixth of December aforefaid , or hereafter to be made, during our 'Kefiraint and forcible Scclufionfrom the Houfe, and the canii'nnltncè of the Armies force upon it, are no way obligatory, but null and void to all intents and purpofes; And that all Contrivers and Alitors in, or Affiltants to this unparaletfd Force , and treafinable armed violence, art open Enemies to, and pfoftffed Subverters of the Privileges, Rights, and Freedoms of Tarliaments, and Diììurb'ers of the Peace and Settlement of the Kingdom, and ought to be proceeded againfi asfuch; and that all Members of Parliament and Commoners of England, by their folemn Covenant and Duty , under pain of deepefi Perjury, and eternal In¬ famy, are obliged unanimoufly to oppofr, and endeavour to their utmojl power to bring them'- to exemplary and condign puniffment for this tranjeendent Offence, tending to the d/ffdution oftheprefent, and fubverfion of all future Parliaments, and of the Fundamental Government and Laws of this Realm. All which we held it o(tr Duties to declare and publifij to the World, for fear our Jlupid filence fiiouldgive any tacit' con fent, or approbation of this mo/t detefiable Crime , and make us guilty of betraying the Privileges, Freedom and Honour of this Parliament, to our perpe¬ tual reproach, and the prejudice tf ail fucceeding Parliaments. This Protecti¬ on of thefe (ecluded Members was very much complained of by the Army, and By their command , the remaining part of the Commons having feared the l ords info a joynt content with them , publifheda Declaration againft the (aid Solemn Proteftation ofthe fecured and fecluded Members, judge- irtg and declaring it to be falfe, fear lous and fedtcjous, and tending to dc- ftioy the vifible and fundamental C er rient of the Kingdom, and there¬ fore they ordered and ordaineo f je (upprefied. Indeed the Army were now gro- •> 1 ^llkewi, f RA NniftJ ititTr, mk+A . «bÌM Kto'ij C0i: of Cjreat Britain and Ireland. chap. Lxxxv. The IQng brought to Windfor- Ordinance of Tar* liamentjor his Tryal • Sentence of Death pronounced againft himt by the pre ¬ tended High Court of Ju~ fiice- His Murder, THe Army having thus eje&ed the "greateft part of the Hon fe of Com¬ mons, and brought the reft, whom they permitted to fit, fo to their Bow , that they atted nothing but by their Di&ates, and in purfuance of their Defigns, which were to fubvert Monarchy, and bury it in one Grave with the King, according as they had exprefled in their unparaleli'd Re- monftrance, ( as the King called it) had now contrived with their Jun&o, how to bring his Majefty to his end, which they at length refolved to do with a ftrange and un-heard ofkind oflmpudence, in apretended way of Juftice , and in the Name of the whole people of England, the hundredth part of whofe Confents they never asked; This they thought better than their once intended defign of poyfoninghim inOr/stroo^Caftle, andthey found that the ill and naufeous Air ofHnrjl Caftle, whither fince the break¬ ing off the Treaty , they had clapt him up clofe Prifoner, denying him the liberty of writing to the Queen, or Prince, or having any ofhis Chaplains to attend him, effected not what they defired, they conveyed him with ftrong Guards to iVmdfor in order to his intended Tryal, denying him now the ufual Ceremony of the Knee , and almoft the Common civility of the Hat, whilft their Junfto in Parliament proceed to Votes in Order to his Tryal : and fiift declare; That by the Fundamental laws of the Land it was Trea- fon in the King of England for the time to come to leavy War againft his Parliament and Kingdom; And to proceed in their Intentions,order Dr. T> riß w, Mr. and Sollicitour Coolie to draw up a Charge againft the King, and by their Ordinance of the fixth of appoint feveral per- fons to fit as a High Court of Juftice for Tryal of the King; a Court never heard beforeof in England, having before in vindication of their Power, to do it, refolved into a Grand Committee, and declared 5 That the People, under God , are the Original of all Juft power; That tl Commonscf England affembled in Parliament, being chofen by , and reprefenting the People, have the Supream Authority of the Nation; That whatfoever is enafted and declared for Law by the Commons of Ewghw^afTembled in Parliament, hath the force of a Law; That all the People of this Nati¬ on are included thereby , although the Gonfent of the King and Houfe of Peers be not had thereunto ; That to raiie Armes againft the Peoples Re- prefentative, is Treafon, and to make War upon them is High Treafon; That the King himfelf took Armes againft the Parliament, and on that ac¬ count was guilty of the Blood-fhed throughout theCivil War., and that he ought to expiate the Crime with his own Blood. Thus the Members take counfel againft the Head, whofe Deftruftion they had refolved, and therefore then Commiflioners for the Tryal of the King met in the Painted Chambers on the eighth of Unitary ^ refolving, That IVejhninßer-Haü fhould be the place for his Tryal, andordering that Proclamation fhould be made, That whoever had any thing to fay againft the King (hould be N n 2 heard, iiifl 'WJ r : h llilf ■' If I ■ 1 » t ii v r J"'1' l"l: iI 268 * Ybe Civill Wartes ■rv"A~'r"> heard; fd tnany witneffes,perfons of no note nor rank>came or were brought 16 4-8 'n to te^^c aSainft him. And thus wenrhisTryalforward, though the * Lords diffented, the Scots Commiffioners protefted againft it , 'and thepeo- ple generally murmured, and thePresbyteiiansnow in their pulpits decla- niing againft it, when too late, for on the 20th. of January the High-Court, fo called, (ate , and convened the King before them, lohn Bradjhaw lately made Serjeant at Law , being feated as Prefident, whofe feared Confcience had given him fo much impudence as to prefumc to judge his Soveraign. The King being from St. lames conveyed with ftrong Guards to the HaU, and feated himfelf in a Ghair placed on purpofe ; after the reading the Or¬ dinance for hisTryal, the Prefident made a (hort Speech, telling his Maje- %, That the Commons of England affembled in Parliament, being deeply fenfible of the Calamities which had been brought upon the Nation, which were fixed upon him as the principal Author of it, had refolved to make inquifition for Blood , and according tothe Debt and Duty they owed to God, to Juftice, to the Kingdom, and themfelves, and according tothe Fun¬ damental power that refted in themfelves, they had refolved to bring him to Tryal and Judgement, and had for that end conftituted the High Court of Juftice, before which he was now brought. This done, Mr.Cod^the Sollicitour defired the Charge againft the King might be read, which was done by the Clerk of the Court in thefe words, The Charge of the Qommons of England againft Charles Stuart Kjngof England, of High Treafint and other High Crimes, THat the faid Charles Stuart being admitted King of England, and there¬ in trufted. with a Limited power to govern by and according to the Laws of the Land, and not otherwife, and by his Truft, Oath and Office, be¬ ing obliged to ufe the Power committed to him , for the good and benefit of the People , and for the prefervation of their Rights and Liberties; yet neverthelefle out of a wicked Defign to ereft , and to uphold in himfelf an unlimited and tyrannical Power , to rule according to his Will, and to o- verthrow the Rights and Liberties of the People, yea to take away and make void the foundations thereof, and of all red reffe and remedy ol Mif- government, which by the Fundamental Conftitutions of this Kingdom were referved on the Peoples behalf, in the right and power of frequent and fuc- ceffive Parliaments, or National meetings in Council; He the faid Charles Stuart for accompliffiment of (uch his Defigns, and forthc protefting of Himfelf and his Adherents in his and their wicked pra£life«,to the fame ends hath trayteroufly and malicioufly leavyed war againft the prefent Parlia¬ ment, and the People therein reprefented; Particularly , upon and about the thirtyeth day of June , in the year of our Lord One Thouland fix Hun¬ dred Forty and Two, at Beverley in the County of Torkj, and upon or about the 30th. day ofI»/y,in the year aforefaid,intheCounty of the City of Xor^; and upon or about the 24th' day of AuguH in the fame year, at the County of the Town of Nottingham3 when and where liefet up his Standard of War; and upon or about the 23d. day of Ottober, in the fame year at Edge-kill and Kemton-ficld, in the County of Warwick^ and upon or about the 30th. day of November, in the lame year, at Brainford, in the County of M'ddlefex-, and upon or about the 30th. day of Auguß 3 One Thovifand fix Hundred Forty and Three, at Cavejham Bridge, near Headings in the County of, Berkel and upon or about the 30th. day of Ottobtr3 intheyearlaft mentioned, at or near the City of Glocetter ; and upon or about the 30th. day of November 9 in tltc year laft mentioned, at Newbury, in the County of Berks; and upon or about /v.G\ I hope in God, that God will clear me of; I will not, I am in Charity, God forbid that I Jhould lay it upon the two Houfes of Parliament, there is no necefsity of either, 1 hope they are free of this Guilt; for I do believe, that ill instruments between them and me has been the chief cattfe of all this bloodflsed, fo that by way of fpeakjng , as I find my felf clear of this, I hope andpray God that they may too •, yet for all this, God forbid that I fhould be fo ill a Cbrifiian, as not to fay, that Gods judgements are jufi upon me; many times he does pay Juflice by unjufi Sentence, that is ordinary, I will % qcrafford. onb fay this, that an* unjufi Sentence that Ìfijjared for to takg is punifhed now'by an unjufi Sentence upon me, that is fo, for I have faid to fiiew you that Ì am an Innocent man5 Now to Jhewyou that I am a good Chrifiian, I hope there is a good Man that will bear me ivitnejje, ( pointing to Doftor luxon, ) and that I have forgiven all the world, and eventhofe in particular that have been the chief Cali¬ pers of my Death, who they are God knows, 1 do not de fire to know, I pray God for¬ give them. But this is not all, my Charity mufl go further, I wijh that they may repent, for indeedthey have committed a great fin in that particular , I pray God with Saint Stephen that this be not laydtotheir Charge; nay not only Jo, but that- they may take the right way to the peace of the Kingdom, for my Charity commands me not only to forgive particular men, but my Charity alfo commands me to endeavour to the lafi gafp the peace of the Kingdom. Turning to fome Gentlemen that wrote he faid , So Sirs, I do wijh with all my Soul, and do hope, therebe fome here willcarry it farther, that they may endea¬ vour the peace of the Kingdom. Nor»' Sirs, I mufl Jhewyou both how you are cut of I he way, and will put you in the way : firft, you are out ofthe way, for cer¬ tainly all the way you ever have had yet, as I could find by any thing, is in the way of Conqueficertainly this is an ill way, for Conquefi, Sir, in my opinion it is never jifi, except there be a good Cauje , either for matter of Wrong, or jufi Title, and then if you go beyond it, the firfi Quarrel that you have to it is it that makes it unjufi at the end, that was jufi at firfi', but if it be only matter of Conquefi , then it is a great Robbery , as a Pyrate faid to Alexander, that he mas the great Robber, he was but a pety Robber', and fo Sir, I dothink^theway that you be in,is much out of the way, Now Sir, for to put you in a way, believe it,you will never do right, nor God will never profper you, untillyou give God his due, the King his due, that is my Succeßburs, and the People their due •, I am as much for them as any of you\ you mufl give God his due, by regulating rightly his Church, according to his Scrip¬ tures, which is now out of order, for to fetyou in a wayparticularly nòw I cannot, but only in this , A National Synod freely called, freely debating among them- felves \m iijii'i' ltd"' Ml ' of(j}reat Britain and Ireland. * 1g £ felvet mfl feitle this when that every opinion is freely and cleerly beard ; for the. f\A/l King, indeed I will not ( iben turning to a Gentleman that touched the axe, [aid, hurt r / j C not the axe,that may hurt me, meaning if he did blnjit the edge) for the King, the Laws » of the Land will cleerly inftruftyou of that, therefore, becaufe it concerns my own par- licuiar, 1 only give you a touch of it ; for the people, and truly I deft re their liberty and freedome as muck as any body whatfoever : but I mutt tell you that their liberty and freedoms conßßs,in having of government,thafe laws by which their lives and their goods may be maß their own , it is not for having (hare in government, Sir, that is nothing pertaining to ibem-, a fubjefi, and a fojeraign a c-clean different things, and therefore untill they do that, I mean, tbat )ou do put the people in that liberty as 1 fay , certainly they will never injty themfelves : Sir it was for this that now 1 am come here, if I would have givenway to an arbitrary way for to have all laws changed according to the power of the [word, I needed not 10 have come here, and therefore I tell you, and I pray God it be not laid to your charge, that I am the martyr of the people } introth Sirs, I fball not bold you much longer, for I will only fay this id you,that in truth I could have deftrei fome little time longer becaufe I would have put this that I have faid in a little more order and a little belter difgetted then I have done, and therefore I hope you will excufe me I have delivered my confcience, I pray God that you do take thofe ccurfes that are befi for the good of the Kingdome,and your own falvations. Dr. Juxon replyes, will your Mafetty, though it may be very well known your Majetties affeftion to Religion, Yet it may be expefied , that youffsould fay fomewbat for the worlds fatisfattion. The King anfwered, 1 thank you very heartily my Lord > for that 1 badalmoß forgotten it. In troth Sirs, my Confcience in Religion, I thinky is very well known to all the world', and therefore I declare before you all, that I dye a Cbriflian, according to the profefsion of the Church of England , as I found it left me by my Father ; and this poneßman (pointing to Dr. Juxon) I think^will witnefs it. Then turning to thsOfficera, faid, Excufe me for this, I have a good Caufe', and have a gratiout God, I will fay no more. Then turning to Colonel Hacker, he faid, Takp care they do not put me to pain, and Sir, this if it pleafe you. Then after fome (hort difcourfe with Dr. Juxon , his Majefiy with an He- roick patience fubmitted his Head to the Block, which after the Sign given? was at one blow cut off by the Executioner , and with the body put into a Coffin covered with Velvet and conveighed into IVhitehall, and from thence to his Houfe at St. James's, where his body was Embalmed and put in a Coffin of Lead, laid there a fortnight to be feen by the People, and on the ' Wednefday fevennight after his Corps Embalmed and Coffined in Lead, was delivered chiefly to the care of four of his Servants, ws. Mr Herbert, Cap. Anthony Mildmay his Sewers,Cap.Preftm and John Joyner formerlie Cook to his Majefiy, they, attended with others cloathed in mourning Suits and Cloak», accompanied the Hearfe that night to Winfor , and placed it in that which was formerly the Kings Bed-chamber 5 next day it was removed into the Deans Hall, which Room was hanged with black and made dark, lights burning round the Hearfe, in which it remained till three in the after¬ noon; about which time came the Duke of Lenox, theMarquelfc of Hert¬ ford, the Marqueffe of Dorchctter , the Earl of Linfey , having obtained an Order from the Parliament for the decent interment of the King their Royal Maßer , provided the expence thereof exceeded not five hundred pounds; at their coming into the Cffile they (hewed their Order of Parliament to C >1 tVichcott Governour of theCaftle, defiring the interment might be in Sr. Georges Chappel , and by the Form in the Common prayer Book of the Church of England J this Requefl was by the Governour denied , faying, Ic was improbable that the Parliament would permit the u(e of what they had folemny denied and aboliffied, and therein deftroy their own aft 3 to which the Lords replied , There is a difference betwixt deftroying their own O o Aft 3 • The Civil! Planes a&; anddifpenfing with it: and that no power fobinds it«own hand«to difable it felf in fome cafes ; all could not prevaile, the Governour perfi- ' fting in the negative ; the Lords betook themfelves to the fcarch of a con¬ venient place for the Burial of the Corps, the which alter fome pains taken therein , they difcover a Vault in the middle of that Quire , wherein a» is prubiblrfconjeftured, lyeth the body of King Henry the eighth and his belo¬ ved Wife the Lady Jane Seatnor, both in Coffins of Lead in this Vault, there being room for one more , they refolve to inter the body of the King , the which was accordingly brought to the place, born by the Officers of the Garrifon, the four corners of Velvet-pdl born up by the aforefaid four Lords, the pious Biffiop of London following next, and other perfons of quality ; the body was committed to the earth with lighs and tears, efpe- cially of the Reverend Biffiop» to be denied to do the lafl Duty and Service to his Dear and Roy«l Malier; the Velvet Pall being call into the Vault, was laid over the body : upon the Coffin was thefe words fet, KING CHARLES 1^8. Thus fell CHARLES the firft King of great Britain, France and Ire- landy Sic. the Martyr of the People, a Prince certainly endowed with as much piety, magnanimity and patience, as any that ever this Kingdbm could boaft of, who in the confeffion of his very Enemies, was a perfon poflfeft with the highelt vertuet that might dignifie a Man, a Ghriftian, or a King; So that Henry Marten, one of his greateft Enemies, is affirmed to have faid after his death, That if there muft be a King in England, he had rather have him than any man living:But let his Works praife him, his famous Euàv E* ©enttemen* JFrecljolDers, spjerc&antß, citi jens, yeomen, Seamen, ano o* tfier iFreemen of England, do accojoing to one allegiance ano Cobenant bp tbefe parents, fieacttlp, fopfutlp, anD nnantmouQp achnoto* ^Dge ano proclaim ttje Bfllnßrtous CHARLES p?fnce of W A L E S, Hert ^etc of (fie liSlooD'topal to biß Jfatber iät ng CHARLES, (toljofe late, totcfeeD ano trapterous further, toe do from ont £>ouls abominate, ano all parties ano Confenters tbereunto) to be bp l^eteDitarp llßirtb" right ano Ilatofull Smcccflton, Kigtjtfull ano tainooubteD King of Great Britain, France and Ireland, ano the ^Dominions tbereunto belonging. #nD that toe totll fatrfifullp, conttantlp, ano ßncevelp in our fcberal places anD Callings DefenD ano maintain bis Kopal ^erfon, CtotowanD SDignttp, toitb our Cttates, *Ltbes, anD laß Djop of our tblooD, agatnft all äDppolers thereof, toljom toe do herebp Declare to be Craptojs ano Cnemies to his Sßafeßp ano his ftingDoms. 3n tcftirnonp tohercof toe habe caufcD tjjele to be publifbeD ano pjoclatmeD throughout all Counties anD Corporations of this Mealm > Che ftrft Dap of February, in the Urft f^ear of his Spaje* ftics tfefgn. God (àve King Charles the Second. So then all the People of England were not engaged in that impious Pa- ricide, nor indeed the tenth part, but thofe which were had got the Sword into their hands, with which they were refolved to over-awe all thofe who ihould oppofe or gain-fay their Tyrannical proceedings; nor could there be now a greater Crime than Loyalty, whilft nothing but Treafon was made to be fo, and a forced obedience required towards Servants,whileft they were >n Rebellion againft their King and Mafter;yet the power of the Sword extoi* ted that fi om mod, which they would never have voluntarily received from the tenth part of the Nation : but having got it, they refolveto improve it to their utmoft fecurity , and therefore having before been well purged by the Army, and made a Set fit for their turns, they would be fure that none of thofe who had by the Vote of the fifth of December concluded the Kings Concelfion fufficient ground for fettlement of a Peace, and fo Decla¬ red their Confciences, (hould fit amiongft them, they Vote them quite out of the Houfe, and that they fhould no more be re-admitted to fit as Members, and that all thofe who were in the Houfe (hould enter their Difients to the faid Votes of the fifth of Decemb.and fuch as were abfent,though oftheir dif- approval of them before they (hould be admitted to fit; and having thus fetled their own Houfe, the Houfe of Lords falls next under their conlidera- on, who having fent a Meflage to them to acquaint them, that the Judges Jommiflions & Power being determined by the Kings death,they could not give 2.8(5 • 6 4-8 1 he Civill lVirres the Common and Statute Laws of this Realm, and by Magnet Charta, ought to be tried only by their Peers,and not otherwise) or to difinherit the right heir to the Crown, or to alter the Fundamental Government, Laws, Great Seal, or antient Forms of Procefle and legal proceedings oft'nis Realm,or to make and declare high treafon to be no treafon,or any aft to be treafon,which in it lelf and by the Laws of the land is no trea on, or to difpofe of any offi¬ ces or places of Judicature, or impofe any Penalties, Oaths or Taxes on the Subjefts of this Realm. And therefore We due here in the prefence of Al¬ mighty God, Angels and Men, from Our hearts difclaim, abhor and proteft againft all Afts, Votes, Orders, or Ordinances of the (aid Members of the Commons houfe lately made and publiffied for fettingup any new Court of Juftice, to trie, condemn, or Execute the King, or any Peer or Subjeft of this Realm : (which for any perton or perfons to (it in, or aft as a Judge or Commiffioner to the condemning or taking away the life of the King, or any Peer or other Subjeft, We uec.'a* e to be High Treafon, and Wilfull Murther) to difinherit the Prince oi Wales of the Crown of England 9 or a- gainft Proclaiminghim King after his Royal Fathers late mod impious, tray- terous and barbarous Murder, or to alter the Monarchical Government , Laws, Great Seal, Judicatories, and antient fo; ms ofWrits and legal procefs and proceedings, or to keep up, or make good any Commiffions, judges, or Officers made void by the Kings bloudy Execution, or to continue any old, or raife any new forces or armies, or to impofe any new Taxes, payments, Oathes, or forfeitures on the Subjefts, or to take away any of their lives, liberties or Eftates, contrary to the Fundamental laws of the Realm, or to make any New Judges, Juftices, Officers, or to fet afide the Houfe of Peers, ( far antiencer than the Common. houfe) and particularly this infolent and Fi antique Vote of theirs, Eel.6. [fthat the Houfe of Teers in Parliament is Vfe- lejfe and Dangero "i , and ought to be aloliflied, and that an Ali be brought in for that psrpofeJ to be not only void, null, and illegal in themfelves by the laws and ftatute^ of this Realm, butlikewife treasonable, deteftable, and ty¬ rannical, and deftruftive to the privileges, rights and beings of Parliaments, the juft prerogative and perfonal fafety of the Kings of England, the Funda¬ mental Government and lavves of the Realm, the lives, liberties, proper¬ ties and eftates of the people, and the mod tranfeendent tyranny and ufur- pation over the King, Kingdom, Parliament, Peers, Commons and Freemen of England ever praftized or attempted in any age, tending only to difho- nor, enflave, and deftroy this antient flouriffiing Kingdom, and fet up anar¬ chy and confulion in all places. All which exorbitant and traiterous Uiiir- pations, We and all Free-born Eriglifhmen are by all Obligations bound to oppof'e to the uttermoft with our lives and fortunes, left we fhould be accef- fary to our own and our pofteritiesflavery and ruine;for preventing where¬ of we have lately fpent fo much blood and Treafure againft the Malig¬ nant party, whofe treafcns and infolences they far exceed. Thus they protefted : but in vain it was to think by proteftation to re¬ duce thofe men to reafon, who had fwords by their tides, and who were re- folved to perfift in the maintenance oftheir ufurped power, and abolithing what ever was right, as the moft likely tooppo(e their intrufion, and there¬ fore on the 7. of May it was refolved by the Commons of England aflembL i in Parliament, That it hadbecn found by experience ( whereforethis Houledid declare ) J hat the office of a King in this Nation and to have the power thereof tn any fingle perfon^ was mnecejfary} burdenfom^and dangerous to the liberty and fafe¬ ty and publique inter efi of this Nation, andtherefore it ought to beabohfiied, and an Att was ordered to be brought in for that purpofe: But becaufe by reafon of thefe proceedings and alterations ofFundamentals, publick Juftice was altogether obftrufted, the Judges having no Commiffions to aft by : Their new Seal being now ready(wheron they had engraven on the one fide the Arms or h - land ■ SU tit lwpl,H Ii ÌfDpÌoiljjtiìj, J Govem® „ink«' of Cjreat Britain and Ireland. land and Ireland, with this infcription, The Great Seal of England, and on the reverfe the Piftureof the Houfe of Commons fitting, circnmfcribed, In the firttyear of Freedom by Gods bleftng reßored, 1648.) the Houfe of Commons ( or indeed not the fourth part of them ) who never yet were other than a Confultory, not a Judicatory Court, give order for the drawing Commiffi- ons for the Judges, and a Committee of the Houfe was appointed to meet the Judges about it ; whereof (upon provifion made by an Aft of the houfe ofCommons, That they were fully refolved to maintain .and ßoould and would up¬ hold,ftreferve and keep the fundamental Lawsofthe Nation, in order to the prefer- vationofthe lives, properties and liberties of the people, with all things incident thereunto, notwithjlandwg the alterations already refolved in this prefeut Parlia¬ ment for the good of the people,&c.) fix, to wit, Mr. Juftice Rolls, and Judge Jermin of the Kings Bench, Mr. Juftice Saint-John, and Judge Phefant of the Common Pleas, and Chief Baron Wilde, and Baron Hates of the Exchequer, received their CommilTions from the Keepers of the New Great Seal, Mr. Keeble, Mr. Whitlocß, and Mr. 1/77 , and contented themfelves to aft accor¬ ding to the alterations the Pa-liament had made in the Lavy byenaftingall writs no more to run, Carolus Dei gratia, &c. but in the name, ftile and teft, Cufiodes Libert atis Anglt£ author it ate Parliamenti: which was certainly,what ever might be pretended, an alteration of the Law of the Land, as well as theabolifhingKinglhipand the Houfe of Peers; which the other fix Judges, to wit Juftice Bacon, Juftice Browne, Sir Thomas Beddenfi Id, Juftice Crefwell, Baron Treavor, and Baron Atkjns knew very well, and therefore chofe rather to lofe their places, than their confidences; but their rooms were foon fup- plyed, and the number being compleated their Circuits were appoiuted, their Commiflions having fome fmall alterations from what were formerly given; but a new Oath was impofed, whereby they were to fvvear well and truly to ferve the Commonwealth in the office of a Juftice of the Upper Bench, (for fo wac the Kings bench now ordered to be filled ) or Common Pleas according to their belt skill and cuuning. But befide» thofenew Oaths which thofe who wereentrufted under them were to take; Thofe who were to be rrwde free oftoe City ol London had their Oath altered from (wearing Allegiance to theii King, and were now to fwear to be true and fairhfull to the Commonwealth of England. And to the intent that all perfons might the more readily yield obedience to their ufurped power, they are ablol- ved of all Oathes made to their Soveraign and his poftei ity, by an Aft paflect for the repealing the feveral Claufes in the Statutes of the 1 Eliz. and 3 Jacobi, enjoyning theOathes of Allegiance, Obedience and Supremacy,and Enafting, That the (aid Oaths and all other Oaths of the like Nature, fhould be and were thereby wholly taken away , and the (aid claufes in the faid Afts to be made void and null, and fhould not hereafter be admini- fl ed to any perfon, neither ffiould any plaee or office be void hereafter, by reafon of the Not taking of them, or any of them, any Law, Cuftom or Sta¬ tute to the contrary notwithftanding. Thus Diftated by the Council of War, afted this part of a Parliament, for they were but only the wheels of the Government, guided at the will and pleafure of the Army, who yet thought themfelve- not ftrong enough till a third power was fet up to har- rafs thefe Nations, and to ftrengthen them in their ufurpation; this they cal¬ led a Council ot State,confifting of forty Perfons to whom power was given to command and fettle the Militia of England it Ireland, to order the Fleer, and fet forth fuch a confiderable Navy as they ffiould think fit; To appoint Magazines and Stores for the Kingdoms of England Sc Ireland,and to difpofe of them from time to time for tiie fervice of both Nations, as they fhould think fit; That they fhould have power to fit & execute thefe powersfor the fpace of one whole year. This Council confifted chiefly of the GrandOfficers ofthe Army, though many PerTons o' Qualify were fii ft nominated amongft them; but to drive thefe away from tneir Hive of Profit and Command, an expurgatory I648 IHM 1 t:'Ì*i IP I PI hi i : rC i I T he Chili Wart es expurgatory Oath was found out, whereby every Member that was ad¬ mitted unto that Council was to declare , Thar he approved of what the Houfe of Commons j and their High Court ofjuftice had done againft the King, and of their abolilhing Kingly Government, and the Houfe of Peers, and that the Legiflative and Supream Power was wholly in the Houfe of Commons. This Oath one and twenty of thefoity refufed to take; but with nineteen of them without relocation, who had foon their number made tip by Perfons of as large Consciences as themfe^es, when the Oath adminiftred was altered into this f^rni, %' - ' jr / I A. B. being nominated a bfrmifer of the Council of State by this prefent Parlia- hament dotefkiffe, TbHltttWhere unto this prefent Parliament in the mainte¬ nance and defence òf the Publick Liberty and Freedom of this Nation, as it is1 now declared by this Parliament, by whofe Authority 1 am conttituted a Member of the faid Council, and in the maintenance and defence of their Refolutions concerning the Settlement of the Government of this Nation for the future, in way of a Repub- lique, without Ifing or Houfe of Peers-, andldopromife inthe fight of God, that through his grace I will be faithfull in performance of the "frufi repofed in me as a- forefaid , and therein faithfully purfue the injlruGions given to the faid Council by this prefent Parliament, and not reveal or difclofe any thing in whole or in part, direüly or indireUh, that ftiallbe debated or refolved uponin the Council, without the command or direüion of the Parliament, or without the order or allow¬ ance of the major part of the Council, or of the major part of them that fi> all be pre¬ fent at fuch Debates or Refolutionsand in confirmation of the fremifes, I have here¬ unto fet my Handy &c. Thus was this Power eftablifhed,and now inftead of King,Lords and Com¬ mons, the Antient and Fundamental Government of the Nation, we were like to be governed by a new made Thing called a Council of State, an Ar- myj and a quarter part, or lefle of the Commons Houfe. CHAP, txxxm I The Tryals of Duke Hamilton, the Earle of Holland, the Lords Capell and Goreing, and Sir John Owen; The three firß executed. AS thofe in Authority had wrefted their Power out of the Kings hands by fhedding of his precious P*.oyal blood, fo they refolve to keep it co¬ loured in the fame Crimfon-dye, and having no more Blood of fo much worth to fticd, will fjcrifice the beft they have to enfuring of what they had ufurped , and therefore their High Court of Juftice is again revived for the Tryal of thofe Peers whom this years misfortune had thrown into their hands; fuch were Duke Hamilton, the Earl of Holland, the Lords Ca¬ pell and Goring, and Sir John Owen. Duke Hamilton was the fi- ft brought upon the Stage, where his Lord and Marter had received his Doom, and wac charged for his late Invafion of England, though he pleaded hiinfelfto be a Foreiner, and demanded the benefit of Quarter promifed by Lambert, and avouched by Hugh Peters yet he was told by the Court , that he was brought to that Bar not asDuke Ha?nilton,but asEarl of Cambridgern F nglifh Title;and as to the fecond,H«£& Peters absolutely denyed what he had before attefted, only to gain a Confertion out of the Duke of thofe who had invited him in, and Col. Wayte to whom he yielded himfelf attefted, That he yie!- 'ttlslj. 'fter«. H'ilt' $ 'ofCjreat Britain and Ireland. ded him elffimply, without an/ mention of Quarter an 1 thai- r hoc then by : So the Duke refilling to his very death the confefilon of any perfons who were hiAnv.torsto ch« i„va(,„„, had his Sentence to be £- bf? o , acco™"Slr on the ninth of was brought to the W fold m the Palace yard at where having made tome delaye't Expeftationofa reprieve to be lent him by the Earl of means he finding that he had only been carried fair to brin« him to that cZfl If, I ' I' ■ < flltol t indpios A Perfon as unfortunate as he was ambitious, and fo alu ayes efteemed the King himfelf, being reported to have fa id when he heard he was to command that Army, That it would be affuredly loft, he bringing from Scotland a greater Enemy than any he was likely to find in England, which poftibly (purred him on to his owndeftruftion ; but it has been generally obferved, That thofe who have once proved difloya! to the King their Mafter , or had openly, or otherwife, afted againft him , had never fo much of the blefting of God as to prove fuc- ceflefitll in any attempt they made, either for the re-eftablilliment of his Perfon, or reftoration of his Succeffour; witnefle in the fir ft place Sir John Hotham , accurfed (as himfelf in one of his Letters to Oxford faid, ) in his Mothers womb; the fruitleffe revolt of Foyer,Laugher n, and Bowel in Walesa the Joffe ofthat great Army under Duke Hamilton,- of whom we were now (peaking, and the unfortunate fucceffe of the Earle of Holland in his Infune&ion, befides many other Exam¬ ples , as o(Montroße and Inckeqneene in Scotland and Ireland. But to pro¬ ceed , the next that was brought upon the Stage was the Earle of Hol¬ land , charged for endeavouring to raife Armes againft the Parliament, and drawing the Duke of Buckingham, and others in to him; the matter of Faft he confefTed , but urged the many fervices before done to the Parliament, and pleaded the benefit of Quarter given him at Saint Needs. TotheFirrt, it was anfwered, That he had once before de¬ lated the Parliament, yet upon return had his Sequeftration taken off, when he protefted, that he would for ever ferve them with his Life and Fortunes; but contrary to that promife had now endea¬ voured an infurreftion in Surrey againft them , to the (bedding of innocent blood. As for the benefit of Quarter , it was denyed that any was given him, but that he yielded to Mercy : So Sentence was pro¬ nounced againft him , and on the ninth of March , prefently after Ha¬ miltons death , he was brought to the Scaffold in the Palace-yard , where being come he fpake to this effeft, I648 I I I . if I Mr ? # I Think it is fit to fay fomething here finceGod hath Called me to this place. The fiift thing which I muft profefTe is, what concerns my Religion, and my breeding, which hath been in a good Fami¬ ly, that hath ever been faithfull to the Proteftant Relgion, in the which 1 have been bred , in the which 1 have lived, and in the which by Gods grace and mercy 1 (hall dye; I have not lived accor¬ ding to that education 1 had in that Family where I was born and bred; 1 hope God will forgive me my fins, fince I conceive it is very much his pleafure to bring me to this place for the fins that 1 have committed; the Caufe that hath brought me hither I believe by many hath beenmiftaken, they have conceived that I have had fome ill Defigns to the State, and to the Kingdom ; truly I look upon it as a judgement, and a juft judgement of God , not but 1 have offended fo much the State and the Kingdom, and the Parliament, as that 1 have had an extreme vanity in (erving them very extraordinarily ; for thofe Aftions that lhave done , 1 think it is known they have been ever very faithfull to the Publick, and very particularly to the Parliaments, my Affeftions have been ever expreft truly and clearly to them; the difpofition of Affairs now have put things in another poftuie than they were in when 1 was engaged with the Parlia¬ ment. I have never gone from thofe Principles that ever I have profef- fed, ■ Ki!' J h ;.f II V 192? Tbe Civill IVarres 6 48 J have lived 111 them, and by Gods grace will dye in them; there may be Alterations and Changer that may carry them farther than I thought reafonably, and truly theie I left them : but there hath been nothing that 1 have faid or done, or profeflfed, either by Covenant or De¬ claration , which hath not been very conftant, and very clear, uponthe Principles that I ever have gone upon,which was to ferve the Parliament, Religion, Cllhouldhavei'aid in the fii ft place) the Common- wealth,and to feek the peace oftiie Kingdom , that made me think it no improper time , being preß out by accidence or circumftances to feek the peace of the Kingdom, which I thought was proper , fince the: e w as fome- thing tiien in agitation , but nothing agreed on for fending Propofirions to the Ki tg, that was the fartheft aym I had; and truly beyond that I had no intention, none at all, and God beprayfed, although my blood comes to be (hed here, there was, I think, fcarcc a drop of blood filed in that Aftion that I was engaged in. For the prefent Affairs, as they are, I cannot tell how to judge of them, and truly they are in fnch a Condition as I conceive no body can make a judgement of them; and therefore I mud make ufe of Prayers, rather than of my opinion, which are, that God would bleffe this Kingdom, this Nation, this State, and that he would fettle it in a way agreeable to what this Kingdom hath been hap¬ pily governed under, by a King, by the Lords, by the Commons, a Go¬ vernment that I conceive it hath flourifhed much under,and I pray God the change of it bring not rather a prejudice, a diforder and a confufion, then the contrary. I look upon the poftericy of the King, and truly my confcience direfts me to it, to defire that if God be pleafed, that thefe people may look upon them with that affeftion that they owe ; that they may be called in again, and they may be not through blood nor dif¬ order admitted again into that power and to that glory , that God in their birth inten ed to them ; I fhall pray with all my Soul for the hap- pyneffe of this State, of this Nation, that the blood that is here fpilt may even be the laft that may fall among us; and truly I fhould lay down my life with as much clearfullneffe as ever Perfon did, if I conceived that there would no more blood follow us; for a State, or Affairs that are built upon Blood, is a Foundation, for the moftpai't, that doth not profper. After the blefling that I give to the Nation, to the Kingdom, and truly to the Parliament, I do wifh with all my heart happyneffe, and ablefTing to all thofe that hath been the Authors in this bufineffe, and truly that have been Authors in this very work that bringeth us hither; I do not only forgive them , but I pray heartily and really for them; as God will forgive me my fins, fo I delire God will forgive them. I have a particular Relation, as I am Chancellour of Cnmlridge^ and truly I mull here, fince it is the laft of my Prayers, pray to God, that That Univerfity may go on in that happy way which it is in, that God may make it a Nur- fery to plant thofe Perfons that may be diftributed to the Kingdom; that the Souls of the People may receive a great benefit, and a great advantage by them; and 1 hope God will reward them for their kindneffe,and their affeftion that ] have found from them. 1 have (aid what Religion I have (looiqngtoreardsDcttor Bolton) been bred in, what Religion Ihavebeen born in, what Religion I have praftized; I began with it, and I mult end with it; I told you that my Aftions and my Life have not been agreeable to my Breeding; I have told you likewife the Family w here I was bred hath been an exemplaiy Family, I may fayf fol hope without vanity ) of much affeftion to Religion, and ofmuchfaith- fullneffe to this Kingdome , and to this State; I have endeavor:red to do thofe Aftions that become an Honeft-man, and a good Engliftiman: And % of Great Britain and Ireland. 'And which became a good Chriftian, 1 have been willing to oblige thofe that 'have been in trouble, thofe that have been in perl'ecution, and truly 1 find 9 a great reward of it; for I have found their Prayers and their kindnefs now "inchis diftrefs, and in this condition, and I think it a great reward; I pray "God reward them for it, I am a great finner, and I hope God will be pleafed "to hear my Prayers to give me faith to truft in him; that as he hath called "me to death at this place, he will make it but a palfage to an Eternal life " through Jefus Chrift; which I trud to, which I rely upon, and which 1 ex- " pe£ by the me cy of God; and I pray God blel's you all, and fend that ''you may fee this tobe the lall Execution, and. thelaft bloud that is likely "tobe fpilt among you. And then turning to the fide rayl he prayed for a good fpace of time: and having had fome pious diicourfe with Mr. Bolton-» and Mr .Hodges, he laid his neck on the block, and at one blow the Executioner fevered his head from his body. Next to him was the Lord Capell brought upon the Stage, a perfon certainly of as clear a courage and magnanimity as molt England could boaftof : He was taken at the Rendition of Colchefier, but had once made an adventurous efcapeoutof theTower by leapinginto the Moat; he was foon afterby the treachery of a limping Water-man, for the gain of a hundred pounds fet by the Parliament on his head, betrayed and retaken, and now brought to his Tryal before the High Court of Juftice; where notwithftanding he pleaded the benefit of the Articles of furrendring; and that many that were at Ctlebeftery and in his condition, had been admirted to compound, craving that he might be referred to Martial Law: and afterwards when that was denyed, defiring that he might not be debarred of Additional Defence; and that if he muftbe tryed by the Common Law, he might have the full benefit of the Declaratioa of Commons, the 19. February laß, which enað and declareth, That though King and Lords be laid afide, yet all other the Fundamental Laws fhall be in force concerning the Lives, Liberties, and Properties of the Subjed, and re¬ commending to them Magna Charts The Petition of Right-, 3 Caroli, and an Adt made. Henry 7. for Indempnity of all fuch as adhered to the prefent King in poffeffion; alfo the Exception in the Ad of Attainder of the Earl of Straf- ford, and the Archbifhop of Canterbury, which fayes, their Cafes fhall noc be ufed as a Precedent againft any man: Hedefired to fee his Jury, and thac they might fee him, and fo might be tryed by his Peers, faying, he did be- leive no Precedent could be given of any Subjed tryed but by Bill of Attainder in Parliament, or by a Jury. But it was in vain to plead either Law or Reafon to thofe men who had refolved his doom, both againftLawor Equity :fo fen- tenceof death was paffedonhim, and next to the Earl of brought to the Scaffold, where behaving himlelf with expeded gallantry , he thus fpakes to the people: " The conclufion that I made with thofe thac fent me hither, andthecaufe "of this violent death of mine fhall be the beginning of what I fhall fay "to you; when I made an Addrefs to them (which was thelaft) Itoldthem " with much fincerity, that I would pray to the God of all mercies, that they "might be partakers of his ineftimadle and boundlefs mercies in Jefus Chrift • "and truly I ftill pray that Prayer, and I befeech the God of Heaven to for- " give any injury they have done to me, from my foul I wifli it; and this I tell "you as a Chriftian, to let you fee that I am a Chriftian. But it is neceffary *C I fhould tell you fomewhat more, that I am a Proteftant; and truly I am a and Sir John OVten to the Block; but the queftion being put in the Houfe for their pardon (which Goring carryed only by two voyces) they efcaped^ But that the Kings fiiends might be made fpecfacles of mifery in other places of the Kingdom as well as at London, Major Jldundaj who had been a conftanc aflertor of Loyalty to his Majefty, was fhot to death at Lancafien being con¬ demned by a Councel of War, Lieutenant Colonel MorrUi who had furprized P p a Pontefrail 224 The GiviüWarres Pcntefratt Cattle at the time of thofe rittngs in 1648. and held out the Siege 1648. till the 24. of March enfuing, were nine moneths, in which time he had much annoyed the Enemie by defperatc fervices, one of which was particularly the fending out a fmall Party as far as DoncaLhcr, who Hew Colonel Rainsbo- rough, and returned fafe, was now for want of Ammunition forced to furrender upon hard Conditions, the private Souldiers being mott Torkjhire men to have fair Quarter and return to their homes, and the Cattle to be demolished, but the (Governor and five others to be fubmitted to Mercy; yet upon the furren- dry himfelf with Cornet hlackbume, another of the excepted perfons , made a fihift to efcape, but being afterwards retaken, werebyafpecialCommiflion of Oyer and Terminer ;tryed at Pork, and condemned to be hanged, drawn, and quartered as Traytors, which fentence was accordingly performed; he be¬ having himfelf as gallantly at his death as he had done in defending the Cattle of PoHtefraft fo longagaintt the Enemies of his King and Countrey. Shortly after thefe, that we may fum them up together, thofe three eminent Revol- ters in Wales-, Pojer, Laughorne , and Powell, were by a Council of War tryed for thir lives, and condemned ; but in regard of fomegood Services they had formerly done for the Parliament, the fentence was mitigated, and they ap¬ pointed to caft Lots for their lives, which falling upon Payer, he was on the 25 of April 1649. (hot to death. Yet would not all this bloud quench the thirft of the Antimonarchifts, who were refolved to proceed againtt Loy¬ alty where ever they found it; and well might they thus Tyrannize over the Sub jetìs, when they had put to death one King, dittnherited his Children, and thofe who had been the Subverters of all the Fundamental Laws of the Land, the adventure arraigning of Law it felf; the Reverend Judge fenkjns who having been kept a Prifoner ever fince the furprizal of Hereford, was now with Sir John St owe II (notwichftanding this latt was fully comprehended in the Articles of Sxeter) voted tobe tryed at the Kings Bench barr, now by them fliledthe Upper Bench, hardly any thing being to be alleadged againtt Sit John Stowell, but that he had a great Ettate ; yet one would have thought that the Bilhops, Deans and Chapters Lands, the Eftares of the King, Queen, Prince, Duke of Yorkj> Duke of Buckingham, Marquefs oilVorceßer, Marquefsof New caftle, Earl of Br iß oil, George Lord Digby , Sir William Widdrington, Sir Philip tdMufgrave, Sir Marmodiike Langdale, Sir Richard Greenvile, Sir b rands Dcdding- tont Sir John Culpepper, and Sir John B)rsn, whom as Traitors they banifhed the Realm, and confiscated their whole Eftates, bettdes many others.; and the vaftSums of Money extorted from thofe who were admitted to Compotttions, who were many of them forced almoft to buy out what was their own , and then when they had paid great Sums of Money,the Junòio knowing the Necefli- ties of many of them,made a ttridt A6f enjoining them to the perfecting of their Compotttions by a prefixed time ; fo that many of them, not being able to raife their moneys, were forced to undergo the penalties infli&ed to their almott utter ruine, and many to the total undoing of themlelves and Families; but it was policy both in the Army and their Juncto to weaken and impoverish thatparty, whofe Loyalty they knew would upon anyoccafion prefentingem- bolden them to the oppottcionof them, their Tyrannies and Usurpations, and therefore it would be much for their fecurity to keep fuch under by a needy poverty. C H A t . of Great Britain and Ireland, Chap. LXXXVIII. The Scots diffent andproteß againfi all (proceedings againfi the Kjngj they proclaim King Charles the Second and fend (fommifitonerS to invite him over. THe Scots who had fold and delivered up the King to the Englifh Army, hearing of the refolucions to proceed againli him for his life, now diffent, and fenfibleof the Infamy which would redound to their Nation by his Mur¬ der ; in their Parliament which began on the fourth of January , unanimoufly exprefs their difagreement of the Englifh proceedings, ooth in their intended Toleration of Religion in reference to the Covenant, their Tryal of the King, and alteration of the Form of Government: and to exprefs fo much to them ac weftminfler, Commillioners were fent with fome Papers , exprelling their diflike; and by their Proclamation of the 19.1anuary, publickly fee it forth, Declaring, That the Kingdom of Scotland had an undoubted Interefl in the Perfon of the King, who was not delivered to the Englifh Commillioners ac NewCaftle for theruineof his Perfon, but for more fpeedy fettlement of the Peace of his Kingdoms. That they extremely diflented and declared againli the Tryal of him, in regard of the great miferiesthat were like to enfue upon the Kingdoms. And craving leave to make their Perfonal Addreffes to the King, Papers of the like nature were hkewife delivered to the General; buc notwithllanding this publick fhew, fome private Inftruclions were delivered to the Commiflioners from the Faftion in Scotland, which manifell that their dif¬ fent was not to be fo vigoroufly proceeded upon as it ought to have been, and thofewereto thiseffeft. "That they fhould ufe in their Amplifications the fame mentioned that iß «feemed not to import by proof of any violence ufed againli the Parliament, "or any Member thereof. That they fhould make their Addrefs to fuch Lords "and Commons as were their friends, and not ill-affe6led to the honed Party. were very much difpleafed at thefe their proceedings; but more at a Paper dated the four and twentieth of February-, and fubfcribed by the Earl of Lothian, Sir JohnChefiey> and Mr.Glendonning the Scotch Commiflionersin the Nameof the Kingdom.of Scotland-, and by them after their departure from 'London fent to the Jun&o, enumerating all their feveral Declarations made for the maintenance of the Kings Perfon,Power, and Authority, and minding them of the breach of all their feveral Oaths, Covenants, Vows, Proteftations for the defence and continuance of the Government according to the Funda¬ mental Laws of the Nation, which how much they had gone againft, and how absolutely broke by them; Murchering the King, abolifhing the Houfe of Lords, difinheriting the Pnnce of Wales, right Heir to Crown, and ufurping an Arbitrary power to themfelves over the Kingdoms of England and Ireland; and therefore defiring them to return, to do them firft, which if they did not, that then they would walb their hands of all the mifery that was like to enfue. This meffage being fo home tomoftof their Confciences who fate in the Commons Junfto,;extreamly angred them, fo they firft vent their Spleen againft the Meflenger by imprifoning him, next againft the Subscribers, by giving pri¬ vate Order to follow and fecure them j and laftly again the Paper it felf, which they vote to contain much fcandalous and reproachful [matter againft the juft proceedings of the Parliament, and an affuming on the behalf of the Kingdom . tc 1 of Great Britain arid Ireland. to have power over the Laws and Government of this Nation» to the high diftionour thereof: And that it imported a defignin the Contrivers and Sub- fcribers of it, to raife feditionand lay the grounds of anew and bloudy War in this Land: That under the fpecious pietenfes in the Paper Contained they might gain advantage to fecond their late perfidious invafion; and therefore they declared, That all perfons whatfoever refiding in Eng/Wand Ireland, or the Dominions thereof, that (honldjoyn and adhere unto, or voluntarily aid and aiiift the Contrivers and Siibfcribers of the faid Paper, or any whofoever of the Kingdo ne of Scotland, in purluanceof the grounds by them laid in the faid Paper, for raifing fedition and a new and bloudy War in this Land, were Rebels and Traitors to the Common-wealth of England, and (hould accor¬ dingly be fo proceeded againft: And that aMeflage and Duplicate of the faid Paper (hould forthwith be fent to the Parliament and Kingdom of Scotland, to know whether they did or would own and juftifiethe faid Paper which had beenprefented in their names: Whileft in the mean time the Commiffioneri who had fubferibed it were flopped at Gravefend, and fent up, and fecured at London; which was extremely refented by the Parliament of Scotland, alleadging it to be againft the Law of Nstionsto imprifon Commifiioners, fent to Treat about the affairs between the two Kingdoms, and therefore defiring theirrc- leafement: Mr. Belfotd being fent as Agenc from the Parliament of Scotland for that purpofe, and to aflure them that the Eftates there owned that Paper Whereupon the Commiffioners were enlarged, and the Council of State had order to confider of an Anfwer to the Kingdom of Scotland; who upon the report of fome English Forces advancing towards their Borders, had Voted the raifing of an Army of two thoufand Horfe and fix thoufand Foot, for their defence, or rather indeed to oppofe Monroe, Middleton and others of the Cavalier Party, who were grown neer four thoufand ftrong in the North, and had for¬ tified Innerneße: For though the Parliament of Scotland had proclaimed the Prince of Wales King, yet they could not allow that thofe who had been for¬ merly their Enemies (hould be in Arms for him, for though they had Decla¬ red for him, yet ftill purfued they their own advantages, and would not receive him but upon terms, Viz. That he (hould fign their Covenant, fubmit to the Kirks cenfurc, Renounce the fins of his Fathers houfe, and the iniquity of his Mother; with other things of the like nature: And therefore David Lefley was appointed to go with a party againft thofe Royalifts, whom they knew to be reall affertors of his caufe, without any further intereft then that of their performing their Duties as all loyall Subjc&s ought to doe: but nothing was done on either fide till the coming into Scotland of the Marquefs of Mtntrofe% as hereafter (hall be declared. ù8$ 1648. Chap. LXXXIX. Mis for Eftablifbing England a Free (fommon-"toealth, and for abolifhing HQngfbip and the Houfe of Lords, ONe Government being fubverted, it was neceffaryat icaftto make (hew of the fctting up another, for as yet the Parliament had determined only in the Negative, that no King (hould be Proclaimed or have power fof the (uture in England, which they had likewife confirmed by an A& of the 17 of March, Èntituled, An AH for the Abolifhing oj the Kingly Government: and De¬ claring, "Thas I j ~T~ I 11 ., ' ■ " 290 The Civil Wanes "That whereas Charles Stuart late King of England, Ireland and theTerri- 1648. "tories and Dominions thereunto belonging, had by Authority derived from I^VVJ " Parliament been, and was thereby declared tobe jüftly condemned, adjudged " to die, and put to death, for many Treafons, Murthers and other hainous " Offences committed by him, and by which Judgement he flood and was " thereby declared to be attainted of high Treafon, whereby his Iffueard Po- "fterity, and all others pretending Title under him, were become uncapable " of the faid Crowns, or of being King or Q^een of the faid Kingdoms and " Dominions or either or any of them : It was therefore now enaded and "ordained by the faid Authority, That all the people of England and Ireland, and the Dominions and Territories thereunto belonging, of what degree or <£ condition foever, fhould be difcharged of all Fealty, Homage and Allegiance, ,£ which was or fhould be pretended tobe due unto any of thelffueand Pofle- rity of the faid late King, or any claiming under him, and that Cbades Stuart "eldeft Son, and James called Duke of fecond Son, and all other the was unneceflary, burthenfome and dan- "gerous to the liberty, fafety and publique incereft of the People, and that "for the moft part ufe had been made of the Regal power and Prerogative to "opprefs, impoverifh and enflave the Subjcds, and that ufually and natu- S£ rally any one perfon in fuch power made it his intereft to iticroach upon <£thejuft freedom and liberty of the people, and to promote the fettihguj) their "own will and power above the Lawes, that fo they, might enflave thèfc "Kingdoms to their ownluft: It was therefore Ensdedj That the Office of a "King in this Nation fhould not from thenceforward, refide in, or beexercifed " by any one Angle perfon, and that no perfon whatfoever fhould or might c< have or hold the office, ftile, dignity, power or authority of King of the faid " Kingdoms or Dominions, or any of them, or of Prince of Wales, any Law, *e Statute, &c. to the contrary in eny wife notwithflanding. And further, if ££ any perfon or perfons fhould endeavour to attempt by force of Arms, or " otherwife, or be aiding, aftifting, comforting or abetting unto any perfön £t or perfons that fhould by any wayes or means whatfoever endeavour to at- " tempt- the reviving or letting up again of any pretended right of the ftrftf' " Charles Stuart eldeft Son to the late King, James called Duke of or of any Cf other the IfTue and Poflerity of the faid lite King, or of any perfon or perfons " claiming under him or them in the faid Regal Office, Stile, Dignity or Au¬ thority, or tobe Prince of Walesor the prompting of any perfon whatfo- t£ evet tothe hJamè, Stile, Dignity, Prirogative of Authority Öf King of Engtetdi-' "and Ireland, &c. every fuch offence fhould be deemed Treafon, arid all the " Offenders therein be proceeded againft as Traitors, èic. And to fweetenup the people with thofe fair baits of Liberty and Freedom, they promife in the fame Ad, That whereas by the abolition of the Kingly Office, a moft happy way was laid open for this Nation (if God fawicgoodj to return to its juft and ancient right öf beifig governed by its own Repfò- fentatives or National meetings in Council, they did therefore declare, That they would put a period to their fitting, and diflolve chemlelves fo foon as pofiibly might ftand with the fafety of the people that had betrulled them, and for what was abfolutely neceffary for the preferving and upholding the Govern- of Great Britain and Ireland. Government now to be fetled in the way of aCommon-wealch; and that they would carefully provide for the certain chuling, meeting and fitting of the next and future Reprefentatives, with fuch other circumftances of Freedom in Choice and Equality in diftribution of Members to be elected thereunto^s fnould molt conduce to the lading freedom and good of the Common-wealth. But though sbfolved from Obedience to all other Government, and particularly from that under which England had been governed ever fince a Nation; yet no perfori was difcharged from Obedience and Subjeftion to the Idea of a Government eftablifhed; but were required in all things to render and perform the fame to the Supreme Authority, declared to relide in them and the fucceeding Re- prefentatives of the Nation, and in them only. The Kingly power thus abo- lifhed by their Aft, their Vote for taking away the Houfe of Peers was like- wife made into a Statute, only fome qualified Peers who had demeaned themfelves with Honor, Courage and Fidelity to the Common-wealth, were admitted to have free Votes in Parliament, if they fhould thereunto be elefted. Thus the two chief of three Eftates and greateft props of that Government under which England had for fo many hundred of years happily flourished, were quite made null, and the whole power taken by the Commons or Populars in¬ to themfelves; The Aft for abolifhing Kingly Government before mentioned, was by the Commons fent to the Lord Maior of London, with exprefs command, that he accompanyed with the reit of the Aldermen his Brethren , fhould in perfon proclaim it in the chief places of the City; but he not fatisfied in Con- fcience to have a hand in the total fubverfionof the ancient Fundamental Go¬ vernment of the Nation, at firft delayed it, which caufed a demur of its pro¬ claiming throughout all Èngland-, the inconveniences of which delay tor their intereft, thejunfto being fenfible of, fummoned him to their Barr, where he utterly refufedto do; burwithall, alleadging that it was the Sheriffs duty, and not his; and that however, without breach of his Oath taken in the Excbequery he could not do it, whereupon he was fined two thoufand pounds, and him- felf (who was Alderman Rejnoldfon) and three Aldermen more committed to the Tower, and the Common Council euordered to call a Common Hall for the Eleftion of a new Lord Maior to ferve out the reif of the year, who foort made choice of a man after the Junfto's own hearts, Alderman esindrews, whom they accepted with thanks; and ordered a new Oath, the fubftance of which was, That he fhould be faithful in the place of his Maioralty to the Common¬ wealth, and to the City for which he feryed, was adminiftred unto him, and he in obedience to their commands, accompanyed with Alderman ?ennington% Alderman IVollajlony Alderman Foulkes, Alderman Kenrick •> Alderman Bjdty Alderman Edmondst Alderman Packj Alderman Eateman, Alderman Atkinsy Alderman Vinery Alderman zAverj, Alderman mlfon, Alderman Dethrvick. and Alderman Foot, proclaimed the fame in Cheapfide and at the Royal Exchange, Soon after which, the Parliament to take off the peoples amazement, publifhed a Declaration of their Reafons for thus taking away Kingly Government, in the Preamble of which they made a recital (as they had done in their Declara¬ tion of their Reafons of miking no more Addrefs to his Majefty:^ of the fuppo-' fedmifgovernments of King Charles the Firft, in the time of his reign5fufficiently fupplying wich Calumny what was Wanting in truth and reality, juftifying theic proceedings againft the King and Houfe of Peers for their Tyranny, Oppreftion, Arbitrary Power, and all oppofition to the Peace and Freedom of the Nationj and then declaring : That they were very fenfible of the Excellency and Equality of the Laws of " England-, being duly Executed,of their great Antiquity before the time, even " before the time of the Norman flavery forced upon us,of the liberty & property and the> reftoring of the " honeft Proteftants , and this Common-wealth to their rights there, and the " fatisfa&ion of all Engagements for this work; to provide for the fetling and "jutt obferving of Treaties and Alliances with Forreign Princes and States, for " the encouragement of Manufactures, for the increafe and flourifhment of Trade " at home, and the maintenance of the poor in all places of the Land; to take "care for the due Reformation and Adminiftration of the Law and Publickju- "ftice, that the evil maybe punifhed and the good rewarded; ro order the '«Revenue in fuch a way that the publique charges may be defrayed, the Sotil- " Lunerick^ and Tipperary fhould be fecured by Aft. That all incapacities of " the Natives in Ireland, be taken away by Aft. That all Honors, Trufts, ^Employments, or fuch like be conferred as well upon Cithelicks as tl Protettants. That the King take 2000 /. per annum, in lieu of the Court of Wards. That no Nobleman fhould have more Proxies then two in Par¬ liament, and all blanks tobe null/ That the dependence of the Parliament Ccof Ireland upon England fhould be as both flaould agree, and ftand with the "Laws of Ireland. That the Council Table fhould meddle only with matters Ctof State. That all Afts forbidding the tranfport of Wooll fhould be nulled *' by the next Parliament. That if any had been wronged by Grants from Cc King James, or fince, they might Petition and have relief in Parliament. That divers particulars Lords, Knights, Gentlemen, who had as they con- c' ceived been wronged, fhould now be righted. That all who had their Effates taken from them in Corkg, FoughaU» or Dungamon, fhould have reftoration 'l or rent. That in the next Parliament an A6t of Oblivion fhould pafs to all « Ireland and thofe that adhered to them. That no Officer of Eminency in <' IreUnd fhould farm any Cuftomes. That an Aft fhould be paffed againft «' Monopolies. That the Court of Caftle Chamber fhould be regulated. That er • Commißion« er 5 appointed to Treat. THe Scots Commiftioners, Sir Jofeph Douglas and Sir William Murray, be¬ ing driven back by ftorm into Scotland, there was long debate about joyn- ing three others with them, but at length it was concluded, that before any Commiftioners fhould go with power to Treat, Proportions fhould be fent to his Majcfty, that thereby they might firft perceive his Majefties inclinations of accepting the Crown of Scotland upon their tearms; Mr. windram Laird of Liberton was therefore fent with thefe defires and offers of theirs, who went firft to Zealand, and from thence to Jerfey where the King then was, to whofe prefence , (after he he had atcended the difpatch of an Agent from Ireland) he was admitted, and tendred their Propofitions to this effeft. That his Majefty would gratioufly be pleafed himfelf to Sign the Solemn « League and Covenant of the three Kingdoms; and that he would pafs an " Aft in Parliament that every perfon in that Kingdom might take it, and that *' he would ratifie al 1 done concerning the famoThat he would pafs divers Afts ''of the Parliament in Scotland, which were concluded on the twolaft Sefti- " ons for approving of their declaiming of Duke Hamiltons laft invafion of " England. For receiving feveral Afts made by the Englijh for the Militia. Th'ac the Kings of Scotland might have no Negative voyce in that Parliament. That ''his Majefty would recall the late Commiflions given to Alontrofs for " raifing of Forces to be fent to any places beyond the Seas into the King- Rr j x ''dom 500 * The Civitt Warres c'dom of Scotland-, and that he would give prefent order for the flopping I 6 4 p. *' thereof. That he would put away ail Papiftstrom about him. That he would cc appoint fome place about Holland to treat with their Commiffioners, an honorable company of the moll Noble Lords in Scotland being to be ap¬ pointed to attend his Majefly, to whom likewife they would fend a fufficienc "provifion to maintain him a Train fuitableto his Birth and deferved Great- « nefs; and that he would be gratioufly pleafed to give a lpeedy anfwer to V their defires. Thefe Propofitions were very ferioufly debated in the Kings Council at Gerfey; fome fuppofed to be earnefl favourers of the Marquefs of CMontrojfes deftgn, alleadged, that the Scots when they had him in their hands, would either out of fear or gain be induced to betray him to the Englijh Se&aries, as they had done his Father , and therefore that there was no trufl nor confi¬ dence to be had in them; but others more moderate, perfwaded him that he fhonld let flip no opportunities to conclude a Treaty with the Scots, and get footing in that Kingdom, as the mofl probable way to attain his other King- dorps ; and to this counfel was himfelf the more inclined, both becaufe his Mo¬ ther the Queen, and the Marquefs of Montnfs pefwaded him to it, and alfo becaufe heìiimfelf thought it mofl confentaneous to reafon, and therefore he determined to return an anfwer futable as far as he could to their defires; but in regard that fome time would be fpent in deliberation, Sir William E lemming was fierit before to refide as Agent at Edenburgh, and co give an ac¬ count of the affairs there, whowas foon after followed by the Laird of Liber- ton with this Anfwer to the Committee of Èftates in Scotland. CHARLES R. "We have received your Letters lately prefemed to us by Mr. windram of « Liberton, and we accept graciouöy all the expreffions of aflfe&ion and fide¬ lity therein contained towards us, with your tender refentment of our " prefent condition, and the juft indignation which you profefs to have againft the execrable murther of our Father: And we believe that your Inten- tions are full of candor towards us, as we are, and alwayes really have " been defirous to fettle a clear and right intelligente between us and our « Subje&sof ourantient Kingdom of Scotland> which may be an aflured foun- 'c dation of their happinefs and peace for the time to come, and an effeftual €< means to root out all the feeds of animofity and divibons caufed by thefe late "troubles; and alfo to unice the hearts and affeciionsof our Subjects one to 4 another, and of them all to us their King and lawful Soveraign j to the end f that by their Obedience to our Royal and jurt Authority we may be put in « a condition to maintain them in peace and profperity, and to proteft them «in their Religion and Liberty as it appertains to us according to our charge CL and Office of a King: And as we have alwayes refolved to contribute what¬ soever is to be done by us to obtain thefe good effe&s; and for the juft fa- " tisfa&ion of all ourSubje£ls in this Kingdom; We have now thought fir, up- " on the return of of Mr. windram-, to command and delire you to fend unto us " Commiflioners fufficiently authorized to treat and agree with us, both inre- 'Mation to the Intereft and juft fatisfa&ion -of our Subje&s there, as alfo ct concerning the ayd and affiftance, which in all reafon we may expeft from tc them, to bring and reduce the murcherers of our late mofl dear Father of hap- and to the Marquefs of Montrofs, was advifedbyhis Council to de¬ part from ]cr[ej) which he was preft to by many urgent reafons, particularly for the prevention of that danger which might happen, fhould the Fleet of the Common-wealth of England (for fo was that Kingdom now (filed) who were already come to Portfmouth well victualled apd manned, attempt any thing upon the lfland, whereby they fhould be left* deftitute of all hopes of relief, unlefs Prinze RnbertvcA the Marquefs of Montrofs were all called thi¬ ther, andfo all other fervicesand defigns neglefted; belides it was judged thac the removal would give much fatisfaftion to Scotland-, which was the only In- tereft the King had now to look upon, as the probable way, by the encourage¬ ment of his friends in England for the regaining of his Dominions. Thefe reafons caufed a fpeedy removal of the King with all his Train out of this lfland, into France, where he refolved to refute till the time of the Treaty at Breda ■> if the Eftates of Scotlandfhoul'drefolve on one, which they after did: In the mean time Mr. windram, who had long been expefted, was received in Scotland with a great deal of joy, and to the delivery of his Letters, added a meflageby word of mouth, acquainting them, how far he found the King compliant to their defires. As firfl; "That as to what was afted in thelaft Seffions of Parliament he was con- "tent an Aft of Indempnity and Oblivion fhould be pafled ; but he could not "give his full approbation of it. That neither thofe of Montrofs, nor Duke Hamiltons party fhould bear Office in State without confent of Pailia- "ment; and that he had appointed Brida in Holland for the place of a folemu Treaty for the making of a full accommodation and agreement between him « and his loving Subjefts in Scotland. This Meffage together with the Lrtter were the Subjeft of many ferious de¬ bates in the Committee of Eftates and Kirk,and in the end a Committee confid¬ ing of nine Lords and Burgefies was appointed, who were to draw up a State of the Cafe, and prefent their Opinions upon it, that it might be made ready for the Parliament of .SWWj conficteration, which was fhortly after to aflemble; whileftin the mean a joynt Committee was felefted out of the Affembly of the Eftates and Kirk to confute about fending Commiflioners and Propofitions to treat onto the King; in whichConfultations there happening much clafh- ing, the more rigid Kirkmen propofing that new Propofitions much har¬ der then thofe formerly fent fhould be drawn up; but thofe of the Com¬ mittee of Eftates not fo jealous of the King, mitigated fomewhat of the ri¬ gour, andfo thebufinefs was agreed by way of Mediation of both Propofals. And t.te Earl Caßles-, the Lord Lothian, the Lairds Barley and Libberton, Sir John Smith-) ard Mr. Jeoffrys werechofen by the Eftates; and Mr. Broadj-, Mr. John LaVefom and Mr. fames Wood, by the K i:k,as Commiflioners to go and treat with his Majefty. C H A F. òf Greg' Britain and Ireland. Chap. X C11. Montrofies Expedition into Scotland , 1m defeat and inhumane JMurther. THe worthy Marquefsof Montrofs had fince his being banifihedout of Scot' Und-> lived in high refpeft and honor among all forreign Princes and States, who had a high opinion of him for bis ^a'our, his worth, his loyalty , till af¬ ter the Murther of King Chariest he Firft, he came to the King his fon then at the Hague, proffering his fervice to endeavour a revenge of his Fathers death; and notwithllanding the oppofition of Lanerickj) (nowDukz Hamilton) and the Earl of Lauderdale-) -ndCalander, who endeavoured to oppofe him in it* he at length obtained from the King a Conimifsion to raife what force he could, and tranfport them into the North of Scotland-, but he found fo many obftructions in the bufinefs, and forreign Princes fo backward in their afsiliance of him, that what by reafon of want of moneys, and what by reafon of Co¬ lonel Cockjans ( who was fent into Poland to raife what men and money he could) and Colonel OglisbieS (who was fent to Amßerdam to the fame purpofe) deferting him, forgetting their Commifsions, and imploying what moneys they got to their own ufes ; as likewife the delay, or not coming at all of General King, who had promifed to bring a good party of Horfe out of Swede- land ; there appeared fo many obffacles , that it feemed as if fome ill Omen hanged over the Defign; yet notwithftanding the Marquefs refoluce in profecu- ting it, only with fix or feven hundred men infourfhips (given by the Duke of Brandenburgh) moft of them ftrangers, herefolvesto adventure, in hopes of joyning the Northern people in Scotland-) who had formerly had experi¬ ence of his valour and conduft, and who had now no Huntley toreffrain them from coming voluntarily in; two of his four fliips, with above a third of his fmall numbers he lent before towards the Iflands,and himfelf with-the other two and a fmall Frigotof fifteen Guns, with fifteen hundred Arms compleat for thofe Gentlemen who fhould come in unto him, given him by the Queen of Swede- land foon after follows j but arriving at the Ifiands, he finds that his two Ships fent before were by Horms call among!! the Rocks, and with all the men and Arms loll; thefe misfortunes notwithffanding (enough to difcourage the molt Magnanimous from any enterprize) the Marquefs refolutely proceeds, though contrary to the advice of many who looked upon it as a defperate a&ion with fuch fmall numbers to attempt a Kingdom, which was now well fetled, and had a Handing Army ready to refill all Invafions from abroad, or iireftine ri- fings; but the fear the Marquefs had not to ait any thing in purfuance of his Commilfion before the treaty was concluded between the Covenanters and the King; and the hopes he had if his Invafion fhould prove fuccefsful, thac ic might be a means to bring the Scots to a willingnel's to accept the King upon better conditions then they then propofed him, fpurred him on to his ownruine; he therefore endeavours among the Iffands to raife What force he could, and in a fhort time having poflefied hinjfelf of Orkney-) begins to have the appearance of an Army, but it confilled for the molt part either of thofe ftrangers brought with him, or of thefe raw and unruly Iflandcrs, who though formerly accounted a fierce people, yet by the policy of later Kings of Scotland 1 being kept untrained, were now wholly unskilful in Military affairs; yet of thefe he lends over a party into the adjacent parts of Scotland, with Commif- fions to raife what Horfe and Foot they poffibly could, to whom the Countrey, partly voluntarily, and partly forced, came in, when not long after the Marquefs himfelf 303 i 650. uv\j 1 ill 81 |r ||! I i f|| I • *j 1 I ' I k I I -W m -"if' ; ..L if, L i i 1 ■ r'ilu 504 The Civil > A « himfelf landed together with thofe Gentlemen who were refolved to partake 1650. of his fortune, the chief of which were Colonel Hurry, the Lord Frendericky Colonel fohnfon-> Colonel Gray, Henry Graham, the Marquefles own Kint'man, Colonel fames Hay of Nought ort) Sir Francis Flay oiDalgetiei and George Drum- tnond, crofted oyer to the utmoft point of Cathanet-» whence he marched into Orkney-) the Country people ftill flying before him, Tome never flaying till they came as far as Fdenburgh-, where they alarm'd the Parliament, whereupon the Commanders of their Army were immediately fummoned, and ordered to draw to general Rendevouz, whilft in the mean time Colonel Straßham is fenc with a party of three hundred Horfe, to oppofe the Marquefs, who marched flowly, and had > to fatisfie the people who were amazed at his Invafion whilft there was a Treaty with the King," publifhed a Declaration, endeavoring to clear himfelf for any afperflon of flnifler ends: " That his intention was only againfl fome particular perfons who had againft "thelaws of the Kingdom raifed and maintained a War againfl the Kings ''Father; and did now by their fubtile praftifes endeavour to deifroy the fon "alfo; That he intended nothing againfl the generality of the Kingdom, and '' therefore exhorted all Subjefts of that Nation to endeavour to free themfelves *' from the Tyranny of thofe who for the preient ruled the State, and from the " Oppreflion of the Miniflry, / , * Yet theCountrey came not in to him as he expefted, the Earl of Sunderlandy whofe Countrey lay next to the place where Montrofs was, having raifed what power he could, which though noc ftrong enough to deal with the Marquefs, yet hindered thofe from going to him who would, and likewife obflrudted his entercourfe with his friends in the High-lands; and indeed thofe Gentlemen who had formerly followed, and did yet incline to aflifthim, knowing the danger of the enterprize, confldering t he fewnefs of his numbers, and their general wane of Dilcipline, unlike to thofe former Souldiers with which he had gained fuch flrange Victories, defpairing of thefuccefs came in but coldly. However the Marquefs having fecured Dunbath Cafile for the place of his Retreat, advanced till he had intelligence by his Scouts that Stanghams Forlorn Hope was not far off, which made him march with all poflible fpeed to regain a pafs, no great diftancefrom them; but before he could reach it, Stranghams Horfe appeared advancing very faft upon them; fo that with the Souldiers running in haft to gain that pafs, they were found both out of breath and order; however a Forlorn Hope o.f one hundred Foot was drawn up to meet them , who giving fire upon them forced them to a diforderly retreat, till feconded by Strmgham himfelf, they made good the charge fo furioufly upon the High-landers, that moft of them threw down their Arms, and called for quarter, the Dutch and Holfiein' ers after they had beftowed a Volley or two among the Horfe, retreated among fomefhrilbs, where for a while they gallantly defended themfelves, but were forced at length,being over- powered to yield themfelves Prifoners; there were in this brufh about two hundred {lain, and twelve hundred taken prifoners • for byreafonof the coming in of the Sunder land-men to the Execution, few efcapcd; the Standard Royal (whereon was portrayed the Effigies of the late King Charles beheaded, with this Motto, Judge and revenge my caufe 0 Lsrd ) was in this skirmifh taken, and the Standard-bearer flain. The Primers of note Were Colonel Hurrej-> the Lord Frenderick, Sir Francis Hay of Dalgetic, Co¬ lonel Hay of Nostghton-, Colonel Gray, with many other Prifoners, and two M - nifters; the Marquefs himfelf when he faw the day utterly loft, threw off his cloak that had the Star on it, leaving his Horfe , and exchanging his clothes with a private Souldier, endeavouring by that me ins to efcape, but in vain, for the whold Countrey being out in his fearch, he was taken-, and fent with a ftrong guard to David Leßey-> who-having fenc him to Edetiburgh , proceeding to the finifhing < h 1 1 ! 1 syf f r Ii Ä" |[BO» bf Great Britain and Ireland* ) finiftiing of that work which Straughan (to his great honour and Leßejt envy ) had done to his hand: Firft therefore he marched to Dunbatb, which being out of hopes of relief, yielded the Governour to be prifoner at Mercy, but the Souldiers being Foraigners had conditions to return home; Coll. Johnfon and Coll. Graham, who had been lefc in the Orkjte)!, hearing of the ill fuccefs of their Generali, took Shipping and returned from whence they came, fo Leßeys Forces cntred without refiftance, feizing upon the Arms which Montrofe had brought thither , with twoBrafs Guns, asalfo that Frigat with all the Arms given him by the Qneen of Swethland. The Marquefs in the mean time being now in the hands of Mortal Enemies, wanted not abufes and reproaches; yec being come to theEarlof South-Afhes his Father-in-law, he had liberty to fee two of his Children. At Dundee a place which had raoft fuffered by his Armies more then any Town in Scotland, he was leaft of all infulced over, but rather pitied; here he again provided himfelf of Cloaths fuitable to his Quality, from whence being brought toLeith, he was there met by the Magiltrates of the Town of Edinburgh, and was from thence by them condufted with the reft of the Ptifoners of note, being in number about forty : Ac the Cannon-gate of JLdinburgb he wSs met by fome other Officers, and the Hang-man in his Livery Coat, to whom he was delivered, and by himfeatedin a Cart, wherein was framed a high Seat in form of a Chariot, upon each fide of which were holes, through which a cord being drawn, and crofting his breaft and arms, bound him faft down in the Chair, the Executioner as he had been commanded taking off his Hat, but riding himfelf on the fore-horfe with his bonnet, the reft of the prifoners tied two and two, going alfo bare-headed before him, he all the way riding in that manner, with a countenance expreffing fo much majefty, courage and modefty, that his greateft enemies, and thofe who ic was thought would hayeftoned him ashepafled along, pitied him: Nor did heexprels any angerat their inhumanity, but only the next day told theMini- fters that were fent to him, That they thought they had affronted him the day before by carrying him in a Cart, but they were much miftaken, for he thought it themoft honourable, and joyfulleft journey that ever he made, God having all the while moft comfortably manifefted his prefence to him, and fur- nilhedhim with refolutionto overlook the reproaches of men, and to behold him for whofe caufe he fuffered. Upon the Munday he was brought to his rriall before the Parliament, and after a long fpeech or the Chancellors, re¬ counting his mifcarriages againft the firft Covenant, the League and Covenant, his Invafion, and joyning with thelrifb Rebels, and bloud-guiltinefs, and that now, how they had brought him to his juftpuniftiment; He defired to know if he might be allowed to fpeak for himfelf, which being granted, he faid, 3O5 rvA-n 1650. Since you fnve declared unto me, that you have agreed with the King, I look upon you, as if his Majefty were fitting amongftyou, and in thatrela* don I appear with reverence bare-headed: My care hath been alwayes to walk-as becomes a good Chriftian, and a loyall Subj.ft: I engaged in the firft Covenant, and was faithfull to it, untill I perceived fome private perfons under colour of Religion intended to wring the Authority from the King, and to feize on it for themfelves - and when it was thought fit, for the clearing of honeft men, that a bondfhould be fubfcribed, wherein the fecu- rity of Religion was fufficientiy provided for, I fubfcribed.* For the League and Covenant, I thank God I was never in it, and fo could not break it; and the fad confequences that have followed on it, thefe poor diftreffed Kingdoms can wicnefs: For when his late Mijefty had by the blefllng of God almoft fubdued thofe Enemies that rofe againft him in England, and that a Faftion of this Kingdom went in to theaftiftance of them, his Ma¬ jefty gave Cornmifiion to me to come into this Kingdom, and to make a ciiveifion of thofe Forces that were going from hence againft him: I ac- S f knowledge r' "" t * ' '«W.,. 506 * Cix'i/ Wanes lTN^^/1 "knowledge the Command moft juft, and I conceived my felf bound in con* 1650. tl fcience and duty to obey it. What my carriage was inthisCountrey, many ^"WJ " of yoù may bear witnefs; diforders in an$ Army cannot be prevented, but "they were no fooner known then punifhed: Never was any blond fpile but "in battel!, and even then manythoufand lives have I prefer'ved, and as I came '• in upon his Ma jeftie9 Warrant, foupon his Lectei s did I lay nfide ail Interefts " and retreated: And for my coming in at this time it was by his Ma jetties •'command, in order to the accelerating of the Treaty betwixt him and you; "his Ma jetty knew that whenever he had ended with you, I was ready to retire " upon his call. I may juftly fay, that never Subjfit aftedupon more hono- " rable grounds, nor by a more lawfull Power then I did in this fervice. And they who "know me, fhould notdifeftcem me for this, many greater rhen I have been " dealt with in this kinde: yet I mutt not fay but that all Gods judgements 0 are juft; for my private fins, I acknowledge this to be juft with God, I fubmic "my ■ essffr ^0g Tbe CivillfVarres pleafing and humble carriage to all, nay to his very enemies, making him to 1650. be defervedly admired; in fum, he was both for his valour and loyalty the glory of Scotland; but being guilty of fo high a crime as thelaft (though the chief of vertues) was in thofe dayes accounted, he became fubjedt to the fury and violence of thofe who having once,fbrfeited their loyalty, ntuft needs be infenfible of their honor or glory : Soon after him Colonel Hurrey, Mr. Spotf- Vooodi Sir Francis Hay of Dalgetio Colonel Sibbalds (who was taken at Mujfel- borough) where 'tis luppofed he lay to give Intelligence to Aiontrojs) and Cap¬ tain Charters, fuffered, having all of them .the honor to be beheaded, denyed to their General. Thefe proceedings againft CMontrofs made many men guefs would caufe a rupture of the Treaty which was then reported to be well-nigh con¬ cluded between his Majefty and tbe Scots, and indeed (though it was too much againft his Majefties Intereft to break it off}> confidering how unfortunately his affairs went on in Ireland, and other parts) he could not but exprefs his relent- mentof it, by telling them in a meflage tent by Mr. Murrey) That it could not but grieve and peiplexhim, to hear, that whilft they pretended to conclude a Peace, they proceeded in the way of a War; and that whilft they treated of aD Accord with him, they fhed the bloud of his beft Subjedis, and that in fnch a manner, that if true as reported, they could not imagine but ic mutt extreamly incenfe him j therefore defiring them to give him an account of the bufinefs. To this they returned anfwcr; That their affe&ions were dill real to him, and that it rejoyced their very fouls to hear that he would be willing to concur with them in a Peace and Agreement. That as for the death of Alontrofs, they de- fired it might be no obftade in the way, for that they did nothing in ic but with a real intention to promote his Intereft. Nor proved it any more then a fhorc demur, the neceffity of the Kings affairs forcing him to conclude the Treaty almoft upon their terms, as in the next more particularly. Chap. XCIII. A Treaty At Breda between the HQng and Scotch Commiß'mers concluded y he arrives in Scotland. THe Scots according to their refolutions having fent the aforenamed Com- miflioners both for the Kirk aud State to treat with the King, they arrived at Breda on the fifteenth of March) whither the King being not yet come, they went the next day to meet him, and on the feventeenth accompanyed him thi¬ ther from Her gen ap Zome: On the eighteenth the Commifiioners were vifited by the Earls of Lauderdale) Calender) and Dumferling, and the next day atten¬ ded by the Lord yventworth they were brought in the Kings Coach to a Cham¬ ber, where the King waited upon by the Lords of his Council fate to give them Audience: being brought into the Prefence, the Earl of Caßles in the name of the reft of the Commiffioners for the Eftates, prefented his Majefty with the meflage, and withall told him; which extreamiy ftartles them there, not- withftanding their great Leavies, and brings them to an Expoftulation with thofe in England about it, as likewife concerning the Searching and Hopping feveral Ships of theirs,charging them with the breach of their pacihcatiombut the Junfto in England juftifie their proceedings as grounded upon fufficient pro voca¬ tions,as their late Invafion of England under Duke Hamilton:Thc prefentTreaty with and reception of the King the profefied Enemy of the Common-wealth of England, and therefore theyrefolve to go forward.in what they intended, and as they hadexpreffed in their Declaration of the 26. of?#»*?, fetting forth the many injuries received from the Scott'ß? Nation,together with their averfnefs to come to an agreement or reconciliation, and that therefore they were forced to feek redrefs by Arms, and had nowfent their Army againft them only to prevent anotherInvafion from them. So on goes Cromwell, and on the two and twentyeth of Julj enters Scotland-, fetting forth at his entrance the enfuing De¬ claration to the godly and well-affefted in that Kingdom, deliring them to confider; « That the inconftancy of their Religion and Liberties with the Kings Intereft « and former conftitution of Parliament didnotarife from other jealoufies or << pretences, but from the hardnefs of the Kings heart, and the backfliding ofa «greater part of thofe that were entrufted in the Parliament, by their acqui- "efcing in their Conceflions, and endeavouring immediately tobring in the cc Kingdom upon them.Thus they therefore reckoned it no breach,buc a religious "keeping of the Covenant according to the equity thereof; when their Parli¬ ament for Religion and Liberties fake and thelnterefts of the People did re- move the King and Kingfhip: As alio they aflert themfelves Keepers of the " Covenant, when the competition hath been between the Form and Subftance, «if they had altered fome Forms of the Government in part for the Subftance « fake; that as for thofe who are of the Presby terial Government,fhould have « all freedom to enjoy it, and were perfwaded, that if it be fo much of God " as fome affirm ; if God be rrufted with his own means,which is his Word pow- " erfully and effeftually pieached, without a too bufie medling with,or engage- ''ingthe Authorities of the World, it is able to accomplifh his good pleafure *c upon the minds of men,to produce and eftablifh bis purpofes in the worl^ con- " cerning the Government of his Church: Bur that which moft awakens and ftirs "up the Army, is, that notw it h Handing all the wrong dene to England from Cc Scotland,they refufe to do us right;fathat whatwrongs foever we have,or fhall fuftain,muft be without remedy, and we alfo without fecurity for the future, as " isfnfficiently expoftulatedin the Parliament of Englands Declaration; and "the feeds laid of a perpetual War by taking our grand Enemy into our bo- « fomes «I» to nmJBt «too ill «nteo f I % p 'bp ttl 7®ttM ' °6tiill J liOtte -jaiis® tjM n: i oj Grhl Britain and Ireland, "fomes, and your Engagements to him in the late Treaty with him to reftore •'him to the poffeliion of England and Irelandj and therefore we Aral! Heaven «'and Earth towitnefs, Whether or no we have not caufe to defend-our felves "by hindering the prefent power of Scotland from taking their rime and advian- tage to impofc this upon us; and they have now any juft reafon to wonder "at the approach of an Army to their borders, and the taking of. fome of " their Shins by ours: yea whether our coming into Scotland with an Army upon " fo clear a ground be any other then a juft and neceffary defence of our felves, "for prefervation of thole Rights and Liberties which divine Providence hath "through the expencc of much bloud and creafure given ui, and thofe amongft " you have engaged they will if they can wreft from us: unlefs it muft be " taken for granted that the Parliament of Englandought-to fit ftill and be filent " whileft their ruinc is contrived, their friends and brethren deftxòyed by Sea "and Land j whom in confcience and duty both before-God and Man they " ought to preferve, * . • \ . . MTOi: idi-.Ji i • vjif. This Declaration he fent as a forerunner of his Army into Scotland-, by a Trum¬ pet of his own, which was foon after anfwered by another from the Committee of Eftates of Scotland. About the middle of» July Cromwell with his Army con- fiftingof about fixteen thoufand Horfe and Foot, croffed the 7weede, and went the fuft night as far as Mordington, the Còuntrey people being fled away for fear, leaving their houfes either empty or only with the Women in them j From thence he advanced to Copper fpetk,md fo toVunbarre,where foroe Ships were arrived Jwitb prdvifions for the Army, which being rcfrefiied, marched off to fìadingtom where advice was brought to CromweOthst tkvScots haRan intention to meet him ea-.Glad/more, which made him haften to gain whac advantages the Moore afforded, but finding the Scott not appear, he marches to Mafnlebcrough, Within fix-'fr.rtes of whkh the Scott lay ftrongly encamped, aheiroLine,being flanked with great Guftsf, yet Cromwe'Jtad refolved, if thewet and raitiy-Wea-i thèr had not prevented him, to haveattemp:ed upon-them; bubby ieidroa of it, arid his Soaildierswearinefs with lying in the fields, berefrainedjvantkdfeil/ öff again.rtf refrefh hisApmy, when the Scots taking the advantage,i/feUatpoti his Rear with a. party of Horfe, and disordered them i jifI they, feconded .by- Major Generali Lambert and Coll. Wbal'ey, with other parties, made' good the Charge, routed the Scots, and purfued them to their very Trenches, and fo the Army marchrd-qnirt ly -t «ou!d do any g«fod; which Critrijttll vlas ircfotved to-take, and if art rauft bfe loft,-, to adventure to lofe it gillantlyc;: and therefofebè deterrmnedeither to farce his way through the Enemy,Äfon-fofe all valiantly in the attefnpt/: • Belides,-;the feeu-t ifity of-the Scottffh Army added'muchIto the mdreèafie èffè&itag thejbu&ßefs.- On the thfld hf;5^f-!«jèr»v.'carly-in the morning in pürfuance of ìiis refolunon, Tt Cromwtli t 650. • I 314 The Civtìl Warref Cromlwell appointed a party of Horfe to charge thofe who maintained the Pafs, 1651. which they did with fo much courage, that they forced them from their polt and gained the Strait; whereupon the whole Army fell on, and after an hours engagement the Scotch Horfe fled j which their Foot perceiving, immediately threw down their Arms and fled. The Viftory on Cromrrells fide was abfolute, about four or fivethoufand Scott flain, the Lord LibberXon and Col. Lumfdaw mortally wounded, Lieutenant Generali Sir Jamtt Lumfdaine with about ten thoufand taken prisoners, among which two hundred and lixty Officers, two hundred Colours, fifteen thoufand Arms, and thirty pieces of Ordnance And to makethe Viftory more glorious, thefe Colours, and thofe taken from Duke Hamilton at Trefion, were by the Junöo of Commons Ordered to be fet up the one on one fide of fVeftminfìerkatly and the other on the other, there to remain as Trophees of the Scoff defeats. This overthrow made CrcmweB Matter of the Cities of Edinburgh and Leilk, into which foon after the battel he enters, applying bimfelf to the fiege of Edinburgh Cattle, a place of great ftrength, yet notwitbftanding after no very long fiege furrendred to him, which madefome fufpeftthae he rather battered it with bullets of Silver then Stone or Iron. This lofs of the Scotch Army was accompany ed with the newes of the deceafe ol his Majetties Sifter the Princefs Elizabeth, who with her Brother the Duke of Glocefter had been kept in Garitbmkf Cattle by the Parliament, where on the eighth of September, wafted with grief for the death of her Royal Father, gave up her pious Soul to God. And not long after her, about the latter end of Oüober, died the Prince of Orange Brother-in» law to hisMajefty; a perfon from whom he had received many demonftrations of affedion and goodwill- The Princefs Mary his Widow was within few Moneths after his death deli¬ vered of a PofthumeSon, which fomewhat qualified the forrow for his lofs. In the mean time, whileft Cromwellt Army was victorious in Scotland, the Jundo tikewifeendeavoured to fccure themfelvesfromftirresin England: one Coll. Eufebitts Andrewes being taken with aCommilfxon to raife Forces for his Ma jetty, was beheaded, and one Benfon hanged for being privy to the fame, A fmall Rifing there was of fomc Gentlemen in Norfolk but upon the appearance of the County Forces, and two Troops from Lyme, they difperfed, forae of the chief being taken and Executed. Chap. XCV. The Kjng marches into England , his total Defeat at Wor- cefter. IT was by moft fuppofed, that the death of his Sifter and Brother-in-law, the Princefs Et&abeth and the Prince of Orange, did far more afflift his Ma jetty then the lofs of the Scottifb Army at Vunbarre: For he had reafon to think, that had the Kirk been fucceffefull, they would have been far more imperious then they were, yet notwithftanding their ill Fortune, fuch was the hardnefs of their Impofitions upon him, their ftrange induftryto purge his houfe.and •'endeavours to force a Declaration from him againft his own party and interett, that his Mijefty no foriger able to comport tbeir infolencies, notwithftanding the Guard they had put upon hi» Perfon, accompinyed only with four hörne¬ rnen, departed privately indifcontent towards the North of Scotland, where the Màrquefsof Huntley, the Earls of At boll and Seaforth, the Lords Ogilby and Nevburgb, with the G our dons and the men of AthoB were ready to appear for of Greaflßritain and Ireland, ' 315 him, and were capable by the affiftanccof Major General Middltton to'raife à confiderable Force. His fuddain departure very much perplexed the States I 6 J Os and Kirk, the more becaufe they feared his going to the aforementioned party, to whom they therefore fend an Aft of Indempnity, provided they would quietly disband; but that producing no other effeft then the falling upon Sir JobnBrowns Regiment, killing and taking fome of them prifoners, Lieutenant General Lefley was appointed to be lent againft them, though chey knew it to be far more for their intereft to unite againlt the common Enemy: But in the mean timeferious debates were had in the Committee of Eftates and Kirk, concerning the King, where fome mens rigidnefs carried them fo far astopro- pofe, That in regard he had deferted them, no farther Addreffes or A pplications fhould be made to him: But by the prevailing Votes of the more moderate party, it was concluded, That Major Generali Montgomery fhould fpeed after hisMajefty with a party ofHorfe, and with earned fupplications endeavour his return to Sc. Johnftont. Montgomery accordingly goes, and finding hisMajefty at the Lord Dedups houfe, hefurrounds it, and fends in to acquaint his Ma jelly with the defires of the Committee of Eftates, begging his return back; which the King at firft abfolutely refufes, being in the mean time earneftly follicited by the Northern Forces to adhere wholly to them; which had like to have made the breach irreparable; but at,!length, by the induftrious endeavours of Mr.Scott-Gray > a Gentleman of the Bed-chamber, who rid day and night between both parties, a reconciliation was effefted, and the King returned with Montgomery to St. Johnftont: But notwithftanding the Agreement between the King and States, Hnntly, Seaforth, Middleton and the AtboU men refufed to fubmit, though the Kings Authority were ufed to command them; but having poffefled chemfelves of Aberdeene, marched with their whole Force direftly to St. Jobnftotvnt: Nor would they hearken to another Aft of Indempnity, with which they wereac- cofted, unlefs likewife they might be received into Offices and State-employ¬ ments, and others of their demands conceded to : So with two thousand Foot and nine hundred Horfe, they marched within a mile of the Town, where it was fuppofedby many, that David Lefley, who was there with fifteen hundred Horfe; would have engaged them; but the bufinefs was more fortunately ce¬ mented by Treaty, the Earl of Lithgew and all others, who had been Aftors in 1648. being admitted to Offices of Trnft, and places in Parliament. Butthis Treaty fo difpleafed the Minifters at Sterling, that they protefted againft it, and in oppoficionof it Excommunicated Middleton, to the great difpleafure of the Committee of Eftates, who faw an abfolute neceflity of uniting all Interefts, whileft their Divifions did both weaken themfelves and ftrengthen the common Enemy. And when the AlTembly at Sterling were fummoned to the Generali Convention of King, Lords, Barons, Burgeffes and Affembly of Minifters, agreed tobe held at St.JohnSJomt, toconfultfor the good and fafety of the Kirk, King and Kingdom ; they were fo refraftory, that they refufed to come, pretending feveral things againft the Convention, and alleadging that it might better be held at Sterling, withall advifingthem to keep a greater diftance from the King and Council: Nor would they be reduced to fo much reafon as to come to the Convention, till the Committee of Eftates, after fome Meflages of en¬ treaty, at laft lent them word, That they held St. Jobnftownt the fitter place, and if they would not joyn with them in that Meeting, they fhould look upon them „accordingly, and provide for their own fecurities : Whereupon, with much adoeit was by the Majority of Votes concluded, that the AlTembly fhould remove to St. fobnftovns. So that now all Intercfts feemed tobe united, (for Kerre in the Weft had fo far complyed with the Committee of Eftates antf" Kirk, that he had fecured Coll. Straugban, who feemed to incline to the Englifh, but was himfelf letting upon a party under Lambert totally routed, and taken prifoner) only fome few in the Highlands refufed to fubmit; with whom Middleton was by Commiftion from the King fentto Treat: But divers of the T t 2 Se«tcb of Great Britain and Ireland* I were debated, as firft, IC That an A&about the Claflesof Malignant« might be "annulled, and another Ad lor the repealing ic paflcd : That there might be 1 6 J G. "no mention of the name of Malignants any more araongft them : That Duke l J " Hamilton, the Eirls of Seafortb, Calender and others, might have full command. Thcie defires of the King, notwichilandtng the grand oppofition of Ar gyle and his Adherents, were at length confented to: So that now all interefts being united, the Levyes went on apace; and about the beginning of fune, the Scotch Royal Army drew over the Fife, and encamped in Sterling Park towards Turwood, the Army being encreafed by neer Eight thoufand Horfeand Foot leavyed by Middlelon in the Highlands; and the Town of Dundee having (to v.. (hew thetr Loyalty and affcttion to che King ) advanced a compleat Regiment of Horfe at their own charge; and for a prefentto hisMajefty, they fent him a very rich and (lately Tent, befides fix curious brafs Field-piece«. Cromwell having advife of the Kings having drawn his Army on the fouthfide of Fife, rendevouzes his Forces, and faces the Royal Army (who were enclo- fed with a Regular Fortification) hop ng to draw them out to a Field battell, but other fupplyes being yet expefted, they found no refiftance but what they received from the Artillery; though further to provoke, they within fighc aflaulccd Ca.ender.boufe, kept by a Garrifon of Scots, which in the fighc of the Camp having made a gallant refiftance, was taken byftorm, without fo much as one man ftirring toward its relief; for they rcfolved not to ftirre till the Leavyes which Huntley, Argyle and Seaforth were gone to haften fhould come up* Buc whileft the Armies lay thus neer one another, there wasfome debates had about fending Mafley with a party of Horfe into Lancajhire, where a party of Engh(b weredefigncd tohaverifen for his Majefty, and to have beenlèconded bymoft parts of the Kingdom, efpecially by London, where the Plot was prin« cipally contrived and promoted; But before it could be brought to any per- fedion, was by the intercepting of fome Letters taken in a Ship, forced by foul weather into A ire in Scotland, but bound to the Ille of Man with Provifions, as likewife by the feizing of Mr. Brickfnhead a chief Agent in the bufineffe' betrayed, and the chief Adors fecured by the Jundo at Wetfminfter; who were Mr. Ibomat Cook^ of Grayes-lnne, Mr. Lote, Mr. Jenkins, Dr. Drakf, Mr. Gibbons, Mr. Jaqueü, and feveral other Presbyterian Minifters, (who'once were as abfolute Enemies to theCaufe they now endeavoured to promote as the Jundo of Commons themfelves) who were moft of them tried before a High Court of Juftice for their lives, but only two, to wit, Mr. Love and Mr. Gibbons fuffered. Yet notwithftanding the difcovery of this defign of rifing for his Majeftiec Intereftin England, and confequently the prevention of it, yet had the King a great defire if pollibly he could to give Cromwell the flip, and march with his Army into England, where he yet doubted not but he fhould finde friends to joyn with him. Nor was it long ere Cromwell gave his Majefty a moft fit opportunity to purfue this rcfolution ; for finding that he could neither draw nor provoke the Royall Army to a battell, he on a fuddain drawes off his Forces, and with a great celerity fends over a party of about twelve hundred Foot, and four Troops of Horfe, underColl. Overton, who with little lofslandat Queens Ferry on the other fide Fife, and entrench, whileft Cromwei with his whole Army faces the Royalifts, relolving to have fallen upon their Rear fhould they have advanced that way, or endeavoured to difturb his enterprife: But they only fent over four thoufand Horfe and Foot, under the command of Sir John Brown, to beat outthofe Englijb out of Fife; but Cromwell having timely notice of the defign, fent over Lambert with two Regiments of Footandtwo of Horfe, who joyning Forces with Overton, engaged Brown, and utterly routed him, rook himJ felf, Coll. Buchanan and fourteen hundred more taken prifoners; and by this and the taking Brunt-lfland and Incbegarv) Caftle, a firm footing in Fife was gained, whither Cromwell tranfported his Army, and marching dircÄly to St* Johnflont 318 t The Civiìl Warres Johnfìom ì takes it by furrender, whereupon what before was by the King and I05I. fome of his party thought convenient, was now adjudged abfoiutejy ncceflary, viz. To march into England, therefore no fooner came the advice of St. John¬ sons furrendry, but the King immediately raifed his Camp from Torwood, flee¬ ring hiscoarfe dire&ly for England-, which Cromwell having 3dvix:e of, with all /peed re-tranfportsthe greateft pare of his men over the Frith, and immediately difpatches away Lambert with a conliderable party of Horfe to fall upon the Kings Rear and retard his March, and he himlelf with eight thoufand Horfe and Foot fets forth from Leitb the fame day that the King entred England by way of CarliJle. In the front of the Kings Army lay Major Generali Harrifon with three thoufand Horfe and Dragoons, to whom Lambert joyned, unto whom came likewife two thoufand of the Countrey Militia out of St afford- fto ire, and four thoufand under thp command of Coll. Birch out of Lancashire and Chefhire-, fo that his Majefty was now encompafled with two potent Armies, yet all that rot thought enough, for the numerous Militia of theCity of London wascom» manded out againft him, and all the Countreyes adjacent were forced to fet out men and horfe at their own charges, fo that the whole force of England was raifed againft him, whileft his own Army of it felf mouldred away; for before he was come fo far as Lancafhire, above five thoufand Scots had deferred the Army, fo that by all calculations there were not then with his Majefty above ten or twelve thoufand men. Nor did the Countrey come in to his Majefty fo plenti¬ fully as wasexpe&ed, for indeed they could not, being hindred by the Repub- liques Forces which had over-fpread the Countrey; fo that all that way there came in none to the King but the Lord Howard of Eftrich his Son (whom the King gracioufly received and Knighted) with about one hundred Horfe, fo thac though fome were very couragious, and there appeared indeed a generali refo- lotion throughout the Army, yet others were fenfible of the little hopes they were in of fuccefs, as appears by Duke Hamiltons Letter to Mr. William Crofts, to this effed: We are now laughing (fayes he ) at the ridkuloufneffe of our pre fent ßate9 we have quit Scotland being fcarce able to maintain it, and now we graft at tO, and nothing but all will fatisfie m, or to lofe all: 1 cenfeffe, 1 cannot tell whether our hopes or fears'are greateft, but we have oneflrong Argument, Deft air, for we muft mw either ftoutlj fight or die. All the Rogues have left us, Ifkallnol fay whether for fear or dißayalty, but all new with his Majefty are fucbas will nn difpute hit Commands. This was Duke Hamiltons opinion of their condition, when advanced as far ssPeritbin Northumberland, where his Majefty was in the head of his Army by an EngUfh man, whom he had created King at Arms, proclaimed King of Eng¬ land, Scotland, France and Ireland; as he was afterwards at every Market-town through which hepaffed. At Warrington hefound the firft oppofition, where Lambert and Harrifon endeavoured to flop his paffage, but in vain; for after a fliarp difpute, with lofs on both fides, they were forced to retreat, and the Bridge gained: Whereabouts the Earl of Derby having leavyed two hundred and fifty foot, and fixty Horfe in the Ifle of Man, and landed them at wey- water Lancafhire, had brought them to his Majefty, and returned into Lan- cafhire to raile more, and had by his influence upon the Countrey gathered together a confiderable number of about fifteen hundred Horfe and Foot, but he endeavouring to hinder Lilburn ( who was fent againft him ) from joyning with a Regiment of Cromwells fent to inforce him, fee upon him neer wiggan in Lancafhire, but was by the a/Tailed totally routed, the Lord Widdrington, Sir Thomas Tweefly, Coll .-Trollop, Lieutenant Coll. Galliard, with fome others of good note, faithfull and loyal Subjefts to bis Majefty,were flain, Coll.Rofearroc\ wounded, Sir William Throckmorton, Sir Timothy Feather(ion-haugb, Coll. Eaines and many others taken Prifoncrs, the Earl of Derby himfclf efeaped fo» the prcfenr, of Great Britain and Ireland* prefent with a fewjmen, whom he conduced to the King to Worctjfer. The King in themeaD keeping on his march > and in his way invited Sir Thomas CMiddletonto return to his Allegiance, and by a Trumpet a formal Letter and Summons was fent by his Mijefty to Colonel Mackjporth Governor of ShreVpsbn- rj} the Letter was to this efteft: l*That his Majefty therewith having fent him a Summons to render into his ""hands his Town with the Caftle of Shrewsbury^ he could not perfwade him- "lelf but he would do it, when heconfidered him a Gentleman of an ancient " Houfe, and of very different Principles, as he had been informed, from thofe *'with whom hisimploymenc had at prefent ranked him. That if he fhould '< peaceably deliver them to his Majefty,he would not only pardon him what was « paft, and proteft him and his in their perfons, but reward fo eminent and jfea- •'fonable a teftimonyof their loyalty with future trtjftand favour, leaving it «• to himfelf to propofe the particular, his Majefty being upon that condition "ready to grant him any thing he Ihouldreafonably defire, and to approve him- •< ielf his friend. This Letter accompanyed a Summons to the faid Colonel Aiack&erth tp this erfedt: *' That his Majefty being defirous to attempt all fair wayes for the recovering "his own, before he proceeded to force and extremity, and (where the con* * troverfie was with Subje&s) accounting that a double Vi&ory which was ob-' 44 tained without effufion of bloud, and where the hearts that of right belonged *' to him were gained as well as their ftrengths; his Majefty did thereby fum-« " mon him to furrender his Town and Caftle of Shrewsbury, as in duty and Al- " legiance by the Laws of God and the Land he was bound to do, thereby not «' only preventing the mifchief which he might otherwife draw upon that place, •'but alfo opening the firft door to peace and quiernefs, and the enjoyment of returned anfwer to this purport: «' That by his Trumpet he had received two Papers.theone containing a Pro- "pofition, and the other a direft Summons for the Rendition of the To wn and « Caftle of Sbrtwtbnrj) thecuftody whereof he had receiyedby Authority of *< Parliament} That if he believed him a Gentleman (as he faid he did) he might believe he wouldbe faithful to his truft; to the violation whereof, « neither allurements fhould perfwade him, nor threatnings of force (efpeci- ♦* ally when but Paper ones ) compel him : That what Principles he was «< judged to be of he knew not, but hoped they were fuch as fhould ever declare «4him honeft, and no way differing therein (as he knew) from thofe engaged "in the fame imploymènts with him, who fhould they defert the caufe they *c were Imbarqued in, he was refolved to be found unremoveably, The faithful " Servant of the Common-wealth of England. r ! 'o . ' - 7 -fis r.b.ic i.T j His Majefty having received this flat denyal, knew it in vain to attempt fo ftrongaplace, whilefthc was almoft on every fideencompafled with Aich po¬ tent Forces, and therefore kept his way on towards tvorcejlen whither on Fry- day the 21 of Augujl he arrived, and eaftly by affiftanceof the Townfmen beat out theRepubliqucs Souldiers: And was the next day by Mr. Thomas Li fens Maior, and Mr. James Bridge;, one of the Sheriffs of that City, foletnnly Pro¬ claimed of Great Britain and Ireland. ' 321 advantage againff the Enemies numbers of Horfe, whileff David Leflejzither through Treachery or Cowardize came notouc with the Body of his Majeffies I 6 5 I. Cavalry to their Alfiffance; the Army was at length forced to retreat in fome diforder into Sudbury gate, with the lofs of Duke Hamilton and Sir John Dou¬ glas , who though they fell not on the place, yet had their deaths wounds there, of which they not long after dyed. Sir Alexander Forbies being likewife (hot through both the calves of his legs, fell in the Wood, and was the next day brought Piifoner into tVorccftery in the retreat a Cart laden with Ammu¬ nition being overthrown in the gate, hisMajeffy was fain to alighc and en¬ ter the Town onfoot: The next piece of Service the Enemy had to perform, was thefforming of the Fort Royal, which though not altogether fortified, yet made a very gallant refiffance} no lefs then twelve hundred of the Chefhirt Regiments being reported to have fain under it,yet it being impoffible for thofe wearied men to Hand out againft the numerous frefh bodies that were powred in upon them, it was at length taken by Horm, and all in it put to the Sword, his MajeHy in the mean time having put off his Armour, becaufe tronbleiome, and taking a fefh Horfe, began again to encourage his Souldiers with the juff- nets of theCaufe they foughr for, defiringthem to Hand to their Arms, buc finding he could not prevail, at length told them, thac he would rather they fhould fhoot him then keep him alive to fee the fad confcquencesof that fa¬ tal day, but all could not induce them to venture the other brulh, the Ene¬ mies having in the mean poflefled themfelves of Sr. Johnsy and entred the Town in feveral places, all appeared clearly loff, and his MajeHy had undoubt¬ edly been taken in the Town, had not the Earl of Cleveland^ James Hamilton-» Colonel JYogany Colonel Carltsi Captain Hornyold, Captain Giffard, Captain Afbiejs Capcain Kembley and feveral other gallant perfons rallyed what force they could, and made a gallant oppofition in Sudbury Street, (where Sir fames Hamilton and Captain Kemble were defperately wounded, and many of note {lain ) and thereby fecuted his MajeHies march with his Body of Horfe out of St. Afartinsi where when he was got out, before he had marched half a mile, he made feveral Hands, facing about, and defiring the Duke of Buckingham, and the Lord mlmot, that they might once more rally and try the fortune of War, but at Barebone Bridge, where ferious confultation was had, many of the Troopers being perceived to throw off their Arms andfhiftfor themfelves, the refultwas, that all was irrecoverably loff, and that therefore his MajeHy (hould endeavour to fave himfelf; whereupon it was refolved to march direft- ly for Scotland, and one Walker in the Lord Talbots Troop was appointed guide, but he in the night milled his way, whilff General Lefiry in the Evening with the greateff body of Hörfe had taken the direct way by Newport towards Scot¬ land-) but the Country people in the way rifing againff him his Body was dif- perfed,and moff of of them knockt on head or taken prifoners , as for the Foot in the Town, they were all flain or taken, befides feveral perfons of quality who were there made a prey to their Enemies, fuch were Duke Hamiltony who dyed few days after of his wounds, the Earl of fawewartb, the Earl of Kelly, the Lord Synclarey Sir fohn Packingtony Major General Montgomery-, Ma¬ jor General Pifcotty, Mr. Richard Fanfbaw the Kings Secretary , befide feveral other Officers of Note, * < * ? U u Chaf« 1 plffilh i®5;f ngo- of Great Britain and Ireland. where being informed of Richard Penderell of his MajeBies being nigh, (for he Tates their Brother in law, who being poor men, it would have been judged 323 of his Princely Ornaments, and rubbing his hands and face on the Chimney for difguife, put on Richards clothes, which were a green KendaD Suit and a Lea¬ ther Doublet, his fhirt being borrowed in the houfe, and his hair cut round with aKnifeby the Lord Wilmot for his further difguife. Thus was he by Richard Penderell led out of the Back-door into the Spring Coppice about half a mile diltant irom II hiteladies; and the company having given the brothers a Brief charge of the King, departed, only the Lord Wilmot who Bayed be- hinde, and taking John tendere/lone of the Brothers for his guide, was by him conveyed, though with fonie danger to Mr. Whitgreaves of Mofeley, and after¬ wards to Colonel Lanes at Bentley, where he had the happinefs to rind that op¬ portunity of convoying his MajeBy to Brifiol as Servant to Mris fane Lane> which he once had thoughts to have accepted, himfelf having lent to Bofco- bell, and had advice from thence that his MajeBy was departed, and fo indeed he had been for one night, conducted by Richard Penderill, to one Mc. Woolfs at Madeley, an honeB Subjeèt, of Richards acquaintance, with intention to have pafled from thence over the Severn, within a mile of which it lay, into Wales, but being there advertized of theBriòfnefsof the Guards upon the Severn, it was thought not convenient to attemptfo great a hazard; fo the next night after they returned to Bofcobell, where they found Colonel William Carles, whole Name his MajeBy hath rince changed into Carlo's, and given him a Coat of Arms futable to his fidelity) who having feen the lafl man Bain at Worcefier, had with great difficulty efcaped, and was now fled thither to feek for fhelter, had left him in the Wood) over-joyed that he was in fuch a place of fafety, went immediately with Richard and Williamto him, whom they found fitting at the Root of a Tree, and accompanyed back again to the houfe, where ha¬ ving caken fome refrefhment,the Colonel not thinking it in the day time,which now drew on, fofecure as the Wood, they returning, and being clambered up a chick leavy Oak, his Majefty wearyed with his two preceeding nights tra¬ vail, being provided of a Cufhion by Richard-, and refting his head upon Co¬ lonel Carles-, took fome diforderly reft, butfo uneafie, that his MajeBy being that Evening at his return to the houfe, fhowed the fecret place where the Earl of Darby was concealed, refolved rather to relie upon that for his fafety, then go any more to the Wood where he could fcarfe ficateafe. Thus was his MajeBy and Colonel Carles fecured by the faithful care of thefe five Brothers,William, John, Richard, Humphry-, and George Pender ills, and Francis rww* 165t. U^TSJ that hopes of gain might have tempted them to have betrayed him; but they were fo farfrom that, that when Humphry went one day toS/tfjWtopayfome Taxes to one Captain Broadway, a Parliament Colonel chancing to be there, and having had fome Intelligence of the Kings having been at Whitcladies, and that Humphry was a nere neighbour to that place, examined him very Bridfly concerning the King, both laying before him the alTuranceof the pu- nilhment, if he fhonLl have any hand in the concealing him, and the certainty of the reward lTiould he difclofehim , which was a thoufand pounds certain ; but he neither moved with threats nor allurements, pretended ignorance, and fo was difmifl : Nor was it lefs wonder, that women Who are fo ill keepers of fecrets fhould be fo private in this, no lefs then three, to wit, Goodvvife Fates, old Goodwife Pender ill, and William Pender ills wife being acquainted with the Kings being there, and almoB dayly feeing him : But we muB attribute his MajeBies Prefervation and their filence only to divine Providence. But to proceed to the further part of his MajeBies efcape, he having fome dayesbeen concealed here, during which time whiteladies upon information of the Kings having been there, was feveral times fearched, but this never; his MajeBy was at length informed that the Lord Wilmot was at Mofely, ac Mr. Whittgravef, tent John fenders II, who bad conduced Wilmot thither 5 to ac- U u % quaint III ■ I. 1 111 ■■BH of Great Britain and Ireland. LattcaflAri, to the great grief of the people of that Countrey, whith fonie of them paid for expreifing too heartily, being cut and flafhed for it by the Troop¬ ers; fhortly after him was Sir Timothy Fertherfionehaugh who wastakeifat Wig¬ go» •, likewife Executed; the Lord Lauderdale-, lVent\X>ortb, and others were committed to (everal Prifons, where they a long time abode ; Major General Maffey, who though he efcaped the foil, yet being extremely wounded, was forced to flirrender himfelf to the Countefs of Stamford, and in her to the Lord Grey of Grcbj her ion, by whom he was after the recovery Of his wounds fent up to the Parliament, and imprifoned in the Tower, yet he not long after efcaped thence into Holland. rvAw^n 1651. Chap. XCVII. The Succefs of Colonel Monk in Scotland. The Iflcs of Jerfy^ Guerniey, Man, and Silly taken: the IVeßern Plantations (Reduced. CTxomwe/l at his marching out of Scotland after the Kings Army, left as him- felf deemed fufficient force to reduce the red of Scotland, nor proved it otherwise then according to his fuppofitions, for no fooner was Cromwell pafled the Frith after the Royal Forces, but General Monk., to whom in his abfence he had lefc the Command of the Army there, advanced towards Sterling, which though (trongly Fortified was foon after l'urrendered unto him together with the Caftfe , with all the warlike provifion in it, which was a very great quantity of Ammunition,five Thoufand Arms, forty pieces of Ordnance, together with all the Records of Scotland, the Chair and Cloth of State, the Earl of Mafrts Parliament Robes, Coronet and Srirrops of Go'd. Thus that Caftle which by King fames his Motto written upon the Chappel door of ir in thefe words > ( f C R Hac nobis invitta tulerunt Centum fex proavi) had in his time re¬ mained unconquered during the reign of one hundred and fix Kings, was now in his Grandchilds rime yielded to the Englifb. This ftrong Town being taken and F.ngarrifoncd, and thereby a free paflage gained over into the Fife, Gene-' ral Monk. marched from thence to Dundee, which was ftrongfy Engarrifoned under the Command of Major General Lunifdainc, but fcarfe was General Old nk. well feated before the Town, when he underflood that General Leven, together with rhe Earls of Crafordand Lindfey, Lord Ogilby and Leith together with divers other Scotch Lords, Gentlemen and Minifiers, were aflembled at Ec- cit in the County of Perth, there to confult ahout the Levying of another Army for theferviceof hisMajefiy, defigning firfi to raifethc Siege of Dundee. To prevent therefore any progrefs in their determination, General Monk, com¬ mands Colonel Allured, with fix hundred Horfe and four Troops of Dragoones to march towards them, and if polhbleto ftirprize them, which he eafily ef¬ fected, killing many of them, and taking old Leven,the Earl Marfhal, the Earl of Qrtiford, the Lords Leith, OgHby, Rttrgajrry, Huntley, Lee, with many other Kni.«bts and Gentlemen, who were foon after fent by {"hipping to London. To tf is" Victory likewife fiKceeded another over Major General Sir T hi lip CMuf- grave \x\G allow ay, who being made Commander of all Forces to be raifed for the King in whereupon the next day he weighed and made towards them, but going forward, fome of the Ships ftruck upon a Flat1, called the Kentijh Knocks, under which the Ho/landers had purpofely Ibeltred themfelves, whereupon they bore round and made directly towards the Enemy, who declining an encounter, all that day paft in light skiimifh, and in the night the Hollanders changed their Scation,and moved about two Leagues to the Northward, which the Englißj the next morning perceiving, though they had but little wind, and that very various,'endeavoured to get up to them,but the wind being North-Wefterly they could not reach them ; however fome of the belt failing Frigots were commanded to make up to them, and keep them in play while the reft got up, yet it was three of the clock in the after-noon be¬ fore thefe Frigocs could arrive to them : when the Hollanders fearing left they fliould beforcedtoa general Engagement, made what Sail they could to their own Coafts, yet ten of the fwifteft Frigots gave them chafe till ten a clock at night, and the next morning the whole Fleet having a fair gale purfued them as far as Weft-fappel in Z eland-, where calling a Council of War, it was judged unfitting to puFiue them any farther becaufe of the Flats. The Hollanders vifible lofs in this encounter was the utter difabling of their • Rear-Admiral, which the Snglijh had poflefled themfelves of, but finding by reafon of her leaks that fhe could not be brought off, they took out what men were left alive, leaving the Ship to be the dead mens grave. Some other Ships they had maimed in their rigging; the Englijb had forty men (lain, and many wounded. But whilft the Englißj were thus fuccefsful in thefe Seas near home, the Hollanders had a notable fuccefs againft them in the Levant> where they took the Phoenix a brave Englijb Frigot in the firft encounter, and afterwards they took, burnt and funk fome Merchant-men with the Bonadventure and Lr per Frigots, who coming out of Legorne Road fomewhat before Captain Bo- dil/o, who was with a Squadron of twelve Ships to have joyned with then^ could come up, were all loft, except the Mary a Merchant-man. During thefe hot encounters between the Englijb and the Dutch, an Ambaf- fador from Denmark^ came into England, to mediate a Peace between the two States, but returning without effeft, it chanced that the Hollanders having ftopt up the paflageof the Sound with a Squadron of Ships, fome twenty Englifb Merchant-men laden with Pitch, Flax, and other neceffary Englijb Commodi¬ ties, were forced to take Proteftion in Copenhagen-, whereupon a Fleet of Eng- /»y&wasfent to convoy them, but being come to Elfemre, they were at firft ca¬ pitulated with, and demanded, Wherefore the Danijb Ambaflàdor had not been admitted to hearing at his being in England ? And why they came fo boldly in¬ to the King of Denmarkj Seas, and fo near his place of Refidence, and under one of his Caftles with fo ftrong a Fleet,without having firft given notice three weeks before? But they having no Commiffion to anfwer thofe Interrogatives, de¬ manded the releafe of the Merchants Ships, which was pofitively denyed them: fo they returned, and in their way back the Admiral of the Squadron named the Antelope, a Ship of fity Guns, and commanded by one Ball, was caft away upon the Sands; but their lofs of her was repaired by the taking in their further way twenty Holland Barques with a Man of War for their convoy,together with ano¬ ther Ship of twenty Guns, at their return one Mr. Brad/haw was fent as Agenc to demand thofe Ships, but with no better fuccefs then before. Soon after in December following happened another Sea-fight between the Englißj ar.d the Dutch, juft before Dover Road ; the Dutch were no lefs then Ninety Sail, and th t Englijb but Forty'two, and thefe likewife but meanly manned 330 of Great Britain and Ireland. 333 to confider what remedy might be applyed ro prevent the fame, but fuch in- "deavours proving ineffeòtual, itbeeame evident, that the Parliament through 1653. « the corruption of others, and the non-attendance of many would never anfwer C/'VYJ " thofe ends which God,his People and the whole Nation expedVed from them : "But that this Caufe which God had fo greatly blefied mutt needs languid) "under their hands, and by degrees be lob, and the Lives, Liberties and com: "forts of his people be delivered into their Enemies hands: all which being " fadly and ferioufly conhdered by the honed people of the Nation, as well as " by the Army, it feemed a duty incumbent upon them, who had feen fo much " of the power and pretence of God, to confider of fome effectual means where- " by toedablifli Righteouinefs and Peace in thefe Nations: And after much " debate, it was judged necefTary, That the Supream Government fhould be by " the Parliament devolved upon known perfons, fearing God, and of approved " Integrity, for a time as the mod hopeful way to countenance all Gods people, " reform the Law, and adminiber Juliice impartially , hoping thereby the peo- " pie might forget Monarchy, and underhand their true Interebiri the Election " of Succeflive Parliaments,and fo the Government might be fèfìed upon a right "Bafis, without hazard to this glorious Caufe, or necelfitating to keep up ''Arms for defence of the fame. That being ftill refolved to ufe all means *' pofiible to avoid extraordinary courles, they prevailed with about twenty " Members of Parliament to give them a Conference, with whom they plainly "debated theneceffity and jufinefs of their Propofals, which found no accep- " tance, but that in Head thereof it was offered, that the way was to continue *' ftill this Parliament, as being that from which they might probably expe£t "allgood things. This being vehemently infilled upon did much confirm them '' in their apprehenfions, that not any love to a Rcprefcntative, but the making "ufe thereof to recruit, andfoto perpetuate themfelves was their aim in the " A6t they had then under confideration. That for preventing the confummating "thereof, and all the fad and evil confequences which upon the grounds afore- "faid mud haveenfued, and whereby at one blow the Intereft of all honeft "men, and of this'glorious Caufe had been endangered to be laid in the "dull, and thefe Nations embroylcd in new troubles, at a time when the « Enemies abroad were watching all opportunities againfi it, and fome of them " a&ually engaged in a War with it, they had been ncceffitated ( though with " much repugnancy) to put an end to this Parliament. This Declaration of Crowwells and his Council of Officers was backed by the ready confent of the Admirals at Set, and all the Captains of the Ships, as alfo by all the Commanders of Land Forces in England, Scotland-, and Ireland-, fo that there was nothing to do but to publifh a Declaration, requiring the Peo¬ ple to live peaceably and quietly to fubmit themfelves to the Government of the Council of State nominated by Cromwell, till fuch time as a Parliament (or I know not what to call it) of his own framing, confiding of fuch whom Crcmweü he rearms perfons of approved fidelity andhonedy, could meet and take upon ci>oofes feveral them the Government of thefe Nations, for whofe Aflembling Writs were fhcSu'reme after this unufual form ilfued out: * Government. " Forafmuch as upontheDifiolutionof the late Parliament, it became ne- « cedary that the Peace, Safety, and good Government of this Common-wealth " fhould be provided for, and in order thereunto, divers perfons fearing God, " and of approved fidelity and honedy, arebymy felf with the advice of my " Council of Officers nominated, to whom the great charge and trud of fo "weighty affairs is to be committed ; And having good affurance of the love '* to, and courage for God and the Intered of his Caufe, and thegood People ''of this Common-wealth ; I Oliver Cromwell, Captain General and Com- "mander in Chief of all the Forces raifedor to be raifed within this Com- " mor.- 354 rwvTi I 6 5 j. u"V-u Tbey me«. Call them- ftlves a Paili ament. John Lilbnrn deny cd protc- ction. The Civil Wanes *<- mon-wealth do hereby Summon and require you (being of the perfons no-' "minated) perfonally to be, and appear at the Council-Chamber, commonly " called or known by the name of the Council-Chamber at White-Hall within <*the City of Wefiminfler , upon the fourth day of fulj next enfuing the date "hereof, then and there to take upon youthefaid truft, which youarehere- " by called and appointed to ferve as a Member for the County of and hereof you are not to fail. Given under my Hand and Seal, &c. This was the ftrangeft Conftitution of any thing that ever took upon it the name of a Parliament, yet accordingly the whole number being about one hundred and forty met on the day appointed in the Council-Chamber, where Cromwell with the reft of his Officers being ready to receive them, he made a large Speech to them; recounting firft (according to his canting manner) the many wonderful mercies of God towards this Nation, and the continued Se¬ ries of Providence by which he had appeared in carrying od his Caufe, and bring* ing affairs unto that prefent glorious condition wherein they then were, recoun¬ ting to them the carriages of affairs ever fince the famous Vi&ory at Worceßen and the feveral aftingsof the] Army therein: Their divers Applications rothe Parliament without any hopes of producing a Settlement, and from thence fee- ting forth the grounds and neceflities of diffolvingthe late Parliament, which he declared to be for the Prefervation of the Caufe, and the Intereft of allho- neft men engaged therein • and then endeavouring to juftifie the lawfulnels of their Calling, to cake upon them the Supreme Authority, wrefting the very Scriptures in juffification of it; and in condufion, defiring that rendernefs might be ufed towards all Confcientious perfons of what judgmenc foever. His Speech ended, he produced an Inftrument under his Hand and Seal, where¬ by by the advice of his Council of Officers he did devolve and intruff the Supreme Authority of this Common-wealth, into the hands of thofe perfons there mentioned in the manner aforefaid, who, or any forty of them were to be held and acknowledged the Supreme Authority of this Nation, unto whom all perfons within the fame, and the Territories thereunto belonging were to yield obedience and fubjeòlionj yet the time of their fitting was limited to the third of 2November, 1654. And three Moneths before their Dif- folution they were to make choice of other perfons to fucceed them, whofe powers and fitting fhould not exceed twelve Moneths, and then they likewife to provide and take care for a like fucceffionof the Government. How far this was front the peoples liberty of choofing their Reprefentatives by their free Votes, 1 leave to the World to judge. But this £aball having received their Inftru&ions, were difmifled to take their places in the ufual Par¬ liament Houfc, where having chofen Mr. Koufe their Speaker, the firft debate was by what name they fhould be called, (for there were fome of them who were fanfible, that neither their Number nor manner of Eleftion could qualifie them fo as to take upon them the name of a Parliament,) yet at length it was car- ryed in the Affirmative, that they fhould be called a Parliament, and that all Addrefles fhould be made to them under that Title, and as the Supreme Autho¬ rity of the Nation, accordingly they refolved to proceed. During thefeTranf- a&ions, lohnLilbum, who about the latter end of the Jundo of Commons, or Remnant of the Long Parliament, had been banifhed for writing feveral Sediti¬ ous Pamphlets againft them, their power being diffolved and annulled as before- faid, came over into England-, and caft himfelf upon the Lord General Cromwell for Protection ; but he knowing him to be aperfon of a tuibulenc fpirit, and who would be as ready to blazon hisilla&ions to the World as he had done theirs,referred him to the Law.fo being committed to Newgate-, he underwent a fevereTrial; buc fo ftrongly pleaded his caufe, ftanding for his liberty as a Free-borii Englijh man, that the Jury brought him in notguiltj, to the great dif- content of his Enemies, who notwithftanding granted him not his freedom, which of Great Britain and Ireland. Which they feared might prove dangerous to themfelves, but kept him impri- foned firlt in theTower of London, and after in Dover Cafile, where (Tailing in- I 6 J j. to Qiukerifm) he fome years after dyed at Eltham. But to return to our Mock-P.aliarnentj whohadfat from lulj till December-* without having imployed their Authority in any thing, except the making of an Adt concerning Marriages, and that out of meer envy to the Clergy, which Accconcern- this Caball (confining for the moil: part of Sedaries, among whom one Praife- ingManiagcs. cod Barebones, a Leather-feller in Flett-ftreet, being a chief Ring-leader; this Bwbones Par- was afterwards called Barebones Parliament) had agreatdefpiteto, and hadaf- Lament, ter debates both for the taking away of Tithes, the Miniilers maintenance, and felling the Univerlity Lands, whereby all Learning might have been abolifbed in the Nation; but though chere were many which gave their Votes in the Affirmative for both, yec the majpr part would not encline to the taking away of either, whereupon the other party began to fly, and to argue againflthe Mi- niflerial Function rt felf, which they urged to be burthenfome to the people, and therefore Antichriflian; nor were there lets then flxty Members of che one hundred and forty who were of this Opinion,which theotherfearing would take their opportunity (.any forty of them being a Quorum) to eftedt theirde- flgnes, it was on the 12. of December propofedby a Member that they fhould diflolve themfelves, which was readily aflented to; and fo the Speaker with a RcGgnthek great part of his Compny adjourned to pyhite-Hall-, where they redelivered to powtrto Cromwell their Inflrumenc of Government which they had received from him : fo CromweU» by this relignation the power ovefthefe Nations, was prefently adjudged to re- fide in him to whom they had refigned it, and by his,Council of Officers it was concluded foon Tter: t( That the Government of the Common-wealth of England-, &c. fhould be is matJt in a fingle perfon. That that perfon fhouldbe Oliver Cromwell, Captain Ge- Ptotcctor* neral of all the Forces in Englandscot landend Ireland.Thn his Title fhould.be Lord Protedfor of the Common-wealth of England, Scotland, and Ireland, and " the Dominions and Territories thereunto belonging. That he fhould have a Council of one 8c twenty perfons to be afliflant with him in tb? Government. There was likewife an Inftrument framed, which contained tfie chief heads and bafis of the Government, which were to this effedl; "That theProtedfor fliould call a Parliament every three years. That the '< firft Parliament fhould be convened on the third of September^ 1654. That he « fliould not diflolve any Parliament till it had fate five moneths. That fuch Bills as he fhould not fign within twenty days, fliould pafs without him. « That he fhould have a (elect Council to ailift him, not exceeding twenty "one, nor lefs then thirteen. That immediately after his death the Council fhould choofc another Pro ector before they role. Thatno Protedtor after and then through¬ out England, Scotland and Ireland, &c. in thefe words: Whereat the late Parliament diffllving them [Ives, (tad refigning their whole Powert and Authorities, the Government of the Common-wealth of England, Scotland and Ireland, by a Lord Protcdor and Succejjive 7rienniaD Parliaments, it now eftablifbed: And whereat Oliver Cromwell Capt. Generali of all the Forces of this Common wealth, it declared Lord Proteflor of the laid Nations, and hath accepted thereof, we have therefore thought neceffary (as we do hereby ) to makj publication of the Premiffes, and ftriflly to charge and command all and every perfon and perfons, of what quality and condition foever in any of the faid three Nations, to take notice hereof, ami to conform and fulmit themfelvts to the Government fo eftabhfhed: And all Sheriffs, Maiors, Bailiffs, 8cc. are required to fubhfh this Proclamation, to the end that none might have caujeio pretend ignorance in this behalf. And fomefew dayes after theenflaved City of London, tofhew their com- plyance, invited his new made Highnefs to a fumptuous entertainment at Grocers- hall, railing in their Streets, and receiving him with as much folemnity as Aid; Vym, ever they had done any lawfull King of England, in requitall of which, to {hew Knighted, the firft effe&sof his Ufurped Dignity, he conferred a Mock-honour of Knight¬ hood on Alderman Vjner then Maior of London. Chap. C. * . * . 'The Continuation of the Wane "frith the Hollander; Peace con- eluded frith them. THefe Changes and Alterations in England, at firft put the Dutch in fomc hopes of gaining thereby an advantage upon this Nation; to which pur- pofe with all fpeed poffible they manned out a gallant Fleet, confifting of Ninety fail ofMen of Warre, with which they firft convoyed a numerous Fleet of their Merchant-men, bound for feveral places in Spain, France, Italy and Turky, whom yet they either dürft not venture with through the Channell, for fear of the Englifh Fleet, but carried them round about Scotland for the more fecurity, or elfe did it that both they fet them in more fafety, and likewife had the conveniency in their return of calling and convoying home their Euffta, Denmark and Norway Merchant-men, and others, employed in the Eafi-land Trade, who then lay in the Sound waitirg for is Convoy, which they now had of the whole Fleet, which brought them all home in fafety. Thefe happy Voyages of the Hollanders, without having the leaft appearance of an Enemy, pufft them up, and made them refolve to attempt fomewhat on the Enghfh; and to that purpofe croffing over on rhe 25 of May, they came into Dover Road, where finding fo inconfiderable a prey as three fmall Veflels, they wrecked their anger on the Town, (hooting through and through fome houfes, but doing little other mifchief; from thence next day they flood to the Northward, with refolution to feek out the Englifh Fleet, which they bragged they muft fend Hue and Crye after, but they were not long in fearch, for the EngUflo Generals having advice of their being thereabout, had made all the fail they could to the Southward, and anchoring three Leagues a head of the Gober, on the 3 of June early in the morning, they efpiedcwo Dutch Galliots? which two Frigotf having And pro¬ claimed. \ of Great Britain and Ireland.1 557 having order to purfue, they brought thera directly in view of the Fleet of the Hollanders; whereupon the Frigots giving the accuftomcd fign, the whole Ar- 1 6 < mado made what lail pofiiblythey could to engage the Flemmings, but ic was user Twelve a Clock before they could come within Cannon-fhoc of them, yet v- h (r the fight continued very hot till night, with little lofs vifible on either fide, only the Englifb had one of their Generalis, Coll. Deane, flam with a Cannon General Dm' bullet ouc of the Flemmifh Rear-Admirall; The next day it was likewife late be- flain. fore they engaged; Van Trump had at tirft got the advantage of that little winde which was ltirring, and had brought up his Fleet in very good order, thinking to charge through the Englifb, but the winde veering about to the Wefterly.. his projeä failed, and inftead of it, the two Englifl) Generalis, and Monck^ (who had lately been called out of Scotland to that Commmd in the Navy J fell in fo furioufly amongft the thickeft of the Dutch, that they forced Dutch beaten, them to retire, and in the end with all the fail they could make to runaway to their own Coafts, leaving behinde them eleven of their Ships, which were taken, and fix funk, fix of their Captains, and thirteen hundred and fifcy com¬ mon Sea-men taken Prifoners. The lofs of the Enghfh appeared only to be Generali Deaney one Captain, and about two hundred Sea men flain, and many more then that number wounded, but they had not one Ship loft ordifabled which made thera the next day, ac a Council ofWarre, refolve to follow the Hollanders^ and by ranging before their Ports, of the veilings, the Vley and the Texel, into which places they fled with their fluttered Fleet, to block them up in their own Harbours, which accordingly they did, putting the Dutch to extream ftraits, and taking prizes daily before their faces, which by reafon they could not come out to joyn together, they dürft not adventure to re¬ lieve. Thefe extraordinary lofles made the Lords Generali of the Vnited Provinces Mediate fat again endeavour to mediate a Peace 5 and to that effeft and purpofe, four PeK<- Commiflioners, to wit, Monfieur Bevering, Viewport, ToungftaH and Vanderpane (the laft of which died foon after his arrival in England) were fentto renew a Treaty; yet notwithftanding the three furviving Commiflioners employed their utmoft endeavours, neither a ceflation of Arms, nor any thing tending to a reconcilement could be procured; which whileft they were agitating for there happened another encounter between the two Fleets, for° Van Tump Fi.ht of tb$ having all that while been providing and making ready a potent Fleet to beat Texcll. the Enghfh from before their Hirbours, and had for the better expediting of it and greater encouragement of the Sea-men togoeuponthe fervice, made Pro¬ clamation, that all men ofWarre taken from the Englifb ftiould be intircly diftributed among the Mariners, bt fides proportionable rewards tothofe who could take the Admiralls, Vice-Adnviralls or Rear-Admiralls Flags, fo that on the 29 of fuly. he made fail out of the weilings with 95 men of Warre, which the Enghfh Fleet having notice of, immediately made towards them, but the Dutch (landing away, ic was fix a clock at nighc before any of the Fleet were engaged, nor was there any thing worth mention done, the night parting them: Van Trump allVnght ftood in to the Texell, where he joyned with twenty five ft ouc men of Warre more, fo that now in all he was one hundred and twen¬ ty fail; with this addition he next morning faced the Enghfh, who by reafon the winde was fomcwhat high, and the weather thick anddoudv, ftood offto Sea, fearing to fall on the Flats or upon a Lee-flioar; whereupon the D«/cfe fup- pofing they fled, one of the Captains called out to Van Trump, telling him That thofe Vogt dürft net abide cue Broad-fide from bit Excellency, That be might plainly fee they ran away for fear, and therefore de firing him not to Ufe fo fair an opportunity But Van Trump,who both was better experienced in theE^/h „lour, andV„ j™,» knew the reafon of their Handing off, gencroufly reply'd, Sir Jo, ,Cu I, cor,full CeJdSj. to tot toyurcb.irjr, onimublr^mfol/mfmbor, f„,f the Ènglifh twenty Sail, I am fire they would fight ue. Nor did he guefs araifs, for the Englifb having Y y now \ of Great Britain and Ireland. ù|> his refidence, living yet though beneath his quality, and as ncceflary he muft fomewhat difconfolacely, being deprived of and banilhed from his own Rights \ 6 e a andT>otninions, yet was he highly refpeòfed both by the King,Queen, and Peers of this Realm, whilft in the mean time he had the hearty prayers, and fliould have had, had opportunity presented,the earneff endeavours of many of his loyal Subjefts for his rellauration to the fet dement of his enflaved Kingdoms in peace and quiet : And Peace it feems he was molt by nature enclined to, as appeared by hisearnelt endeavours to procure a Peace and Reconciliation be¬ tween the King of France and the Princes of the bloud , who difcontented that the whole management of the affairs of that Kingdom were committed only to the Cardinal a ftranger, and they as ic were utterly excluded fromallad- miniffration of publike affairs of State, had incenfed the people agairtlt him, and bred as it were a kind of Civil War in that Nation, to prevent the effects of which his Majefty interpofed as a Mediator, and fo far prevailed, that feveral conferences were had between the King and the Princes, but all proving inef¬ fectual, the King of France refolvingnot to banifh cJMazarine, Whohefaid had approved himfelf amoft faithful Servant and able Minillerof State, fo the warlike Preparations went on on both fides, the Duke of Lorrain-, who was then with an Army in the Spani/b Service, was folicited to come in to the aid of the Princes, buche being by fome of the Court Faition tampered with, made many delays and habitations, and at length utterly refufed to come * A,fufpicion was in the mean time had, that the King of England had advifed the King of France not to condefcend to the banifhment of Mazarinse, which che Princes fo much defired., and in which they were feconded by the Parliaments and people of Paris and Roan> and without ic would come to no accord or paci¬ fication ; it was likewifefuppofed that his Majelty of Great Britain had endea¬ voured to withdraw Lorrain from joyning with them, which fufpition was increafed when the Duke of Beaufort going into Lorrains Camp to folicit him to come and fight, found there the King with his Brother the Duke of Fork,» who upon his coming withdrew. Nor could Lorrain then with the utmoff of Beaufortt perfwafions be induced to advance, whereupon the fufpicion that the Englifb Princes had a hand in his backwardnefs, flying about, the common people werefo enraged againrt them, that they flicked not to threaten violence to their Perfons; nor could the Queen Dowager pafs from the Lonure to the Nunnery ztChalliot (whirher fhe had then retired herfelf) without publike af¬ fronts : yet thefe fufpicions of the Princes and common people were altogether devoid of reafon, for the King of England had on the other fide connfelled his Coufin of France rather to confenc to the departure of Mazarine out of his Do¬ minions, then hazard the imbroyling his Kingdom in a Civil War, whereby he made a clofe though real Enemy of the Cardinal, but in the mean the popular fury forced him to withdraw to St. Germans , where he lived re¬ tired without any more interpofing in thofe affairs till fuch time as the hear was over. But in the mean rime Crom\>ell having made himfelf Supreme Governour of his Mijefties Dominions .tyrannized there over the bodies of his moll loyal Sub¬ jects, for nofooner was heentred into his ufurped Throne, but a pretended confpiracy was found againfl him, and feveral faithful Royaliftscommitted to the Tower, but it feems he was unwilling to die his Seat with bloud atfirft en¬ trance,their loyalty was for this time pardoned.but not long after in May-,16^^. another defign was found out, and pretended to be contrived by two Gerrardt Efquires,Brethren .one Jones an A pothecary, Tewdor Fox and Peter Vorteil, for the taking away the Prote&ors life, feizing the Tower of London, proclaiming his Majefly King* and other flrange wonders; thefe perfons being fecuredin the Tower, onthefirft of Jttljzn High Court of Jullicevvas erefted for their Trial, and Colonel JohnGerrard-, Mr. Voter VoWell a School-mafler, and one Scmerfet Fox were condemned for High Treafon, though there were yet no law in being Y y i whitb 340 The Civiü W(irr es which made the confpiring of the Ufurpers death to be Treafon; the laft for 1654. his ample and ingenuous confefiion was reprieved, but the other two were ex- ecuted, Mr. Vorteil being on the tenth of July hanged at the place where Cha- ring-Crofs once ftood, where being the firlt that fuftered under this new-fprung Tyrannyj and ending fo much like a Chriftian, it will not be impertinent to in* fere his laft words, which were thus: Gentle/ne»} *' At this Earthly Bar from them that pretend to have a great meafure of " San&ity I have had hard meafure; but to that Bar 1 am now going, the Bar of " Heaven I fhall haveJuftice;yea,oneday Juftice againft them,except they water " their beds and couches with tears of Repentance.The Court gave lievere & rafh ''judgement on my body, and fent a pitiful fellow (but a pitilefs fellow,) thac '* gave as rafh judgment of my foul,but that pretious Jewel none of them could " touch to hurt:The Souls under the Altar cry loud for vengeance long ago: how " many more of late years have been added to help themto cry ? The cry is loud " of thofe lately whofe bloud hath been unlawfully fpilt 5 but vengeance is Gods "and I will leave it to him. The Court of my try al faid I was confident, and held it as a fault: He alfo whom they fent to the Tower (I know not if to en- *'trap me) under pretence to comfort my foul, told me alfo, I was confident; '' I fay the fame: and the fame confidence I bring with me now, and by Gods " aftìftance I hope I fhall carry it out of this world with my Innocency.Gentle- " men Souldiers,among the Antient and Savage fart of Heathens,they had a law *' once every three,fix,or twelve moneths to offer up a Sacrifice of humane bloud " to their God j and that their God was a Devil; Among us whether Heathen or "no, youbeft know; of late years we have had a fatal cuftom once in three, *' fix, or twelve moneths, not only to make one Sacrifice, but many Sacrifices " of humane Chriftian bloud • our Scaffolds have reeked and fmoaked with the « choiceft fort of bloud ;But unto what God do you judge ? What God is he that " delighteth in the bloud of man? "Baal the God of Ekron-, Beelzebub the God " of Flyes. Amongft the Primitive Chriftians that lived neereft the time of ''our Saviour Chrift, the greateft Tyrants and Perfecutors of the Chriftians *' lived, the Perfecution was great, and yet the courage of thofe perfecuted " Chriftians was fo great, that it excelled the fury of their Perfecutors; that "they came in fafter to be killed then they could kill, they offered their ho¬ odies and« throats fo thick unto the (laughter, that the hands of the Tyrants '"were weary with killing- And yet\Sangnis Marty mm was Semen Ecclefi&'-, « and many Heathens came in with the Chriftians, feeing their cheerful con- •' ftancy, turned Chriftians, and dyed Chriftians, and dyed with them: the " ftill increafed the more. Of late years here hath been a great Ferfecution in "this Nation, and yet the fufferers have been fo many, andprefenc themfelves ''fo thick in the vindication of their King, Countrey and Laws, that they ftart- " led the very Enemy themfelves: Their conftancy fo great, that their Judges " dropped tears; whether real or true,let the Judge of Judges judge: They ftill " ftand amazed at their conftancy, though they exceed the old Heathens, are 'c not weary of killing. Oh Souldiers! how many of you have been brought up '' and led on by blind Principles, wronged in your Education, or feduced by ''your indifcreet, heedlefs and heady Teachers ? how many of you young men "have for fome fmall difcontent departed from your loving Matters, dear " Friends, or tender Parents, and fled into the Army ? How many of you driven "by Tyrannous oppreflion, poverty or cruelty, have left your dear Wives and ''Children ? and fome for novelty and wantonnefs adhere to this imployment, 'l not confidering the great danger of fpilling Innocent bloud. How many of " you have drawn your Swords you do not know for what ? How many of you " keep drawn your Swords you do not know for what ? You have put to death '' a pious andjuft King, and in hisftead have reared up another Jeroboam} that "makes of Great Britain and IreìancL 34t H makes Ifrael to fin: What his goodnefs is you bell know; you have put down '< the good old Law, and reared up another of your own to judge the people by; I OJ 4. my calling for the benefit ot the former, and for the equity of your own Law 4« 1 am in part condemned here to dy ; Be you judge of the proceedings. How «* many of you have had a hand in putting down the Ancient true Church , and '4 railing up in your own imaginations a new one? But alas! you know not *' what you do ; if you did, you would grieve to fee what a glorious Church 44 you have ruined; you would never have pulled down the hedges and broken ''down the fences that the wild Beafts of the Fori ell fhould come in, that the " fittle Foxes fhould devour: and the wild Boar fhould root up fo ftately a 4« Vine. When the Jews were led into captivity, their goodly and magnificent: 44 Temple was burnt, but in procefs of time they obtained favour from the Hea- then Kings they dwelt amongft, and had liberty therewith to rebuild: rebuild *' they did and finifhed a fecond Temple, at which fight all the young men re- «joyced to fee fo gallant a Temple, buc the old men wept to fee how far difc « ferent and fhort the fecond Temple was from the glory of the firlt: fo you " young men rejoyce at your imaginary Church : but the old men me thinks I <' fee fome weep, (Oh weep not forme) weep for your Countrey, weep to fee , Grove, Lucas, Thorpe and Kenfty, &c. prisoners upon Articles of Life and Eftate, but Groove möft Infidcl-likc abjuring bis Articles, the five afore-mentioned, with many others of lefs note, were made facrifices to' the Prote&ors cruelty, and many others, Gentlemen once of good Fortunes fe«r to be Slaves in the Weüern Plantations. Z 2 Chap, 348 The Civil Wanes n 1654. he arrived at Ar-• giert the hithermoft Harbour of thofe Sea-Theeves, and anchoring with his whole Fleet wichouc the Mold, fends a Meflengerto theDjeor King, requi¬ ring reftitution of fuch Fnglijh Ships as he had made prize of, with an imme¬ diate releafe of all fuch Haves as were òf the Englijh Nation under his power, the Dye knowing his inability to relilf fo potenc a Fleet, immediately returns the Meflenger with a rich Prefent, and tome ft ore of frefh Provifions, withall deliring him to acquaint the General, that the Ships and Captives already taken were of particular men, and therefore it lay not in his power to rellore them wichout the general difcontent of all his Subjedts, yet as for the Englijh Cap¬ tives that were there, if he pleafed to redeem them he fhould, and he would fee a reafonable price upon their heads : And if the General thought good they would conclude a Peace, and for the future offer no a£is of violence to the Englijh, nor to any of their Ships and Natives: This anfwer feeming fuf- ficiently fatisfadtory to the General, a Peace was concluded» the Englijh Cap¬ tives being redeemed at one hundred Dollars per man; and the General among other Articles, making one very much tending to encourage Englijh Sea-men to Sail in the Ships of their own Nation, and difhearten from being hired by foreigners, for all Englijh-men taken in Foreign Veflels, were to re¬ main flaves till they payed their Ranfom of one hundred Dollars per man^ whereas if they kept in Ships of their own Nation, they were free from be¬ ing taken. Having thus eafily attained his defires here, he weighs Anchor and fleers his courfe direftly for Tunis, another receptacle for thofe Pirats, where their Port being better fortified, he found more refolute anfwers; for having likewife here fenta Meflenger on fhore to demand reftitution of the Ships, and releafe of the Englijh Captives, he was abfolutely denyedit, and had withal this upbraiding anlwer fent him; That there were their Caftles of the Goktta,and their Ships and Caftles of Porto Ferino, let him do bis worft, for he fhould noc chink tofcare them with the fight of his Fleet: whereupon he refolved by force to reduce them to abetter complyance, and in purfuance thereof, it was at a Council of War determined to fire their Ships in Porto Ferino, to which effeft they manned their Skiffs with refolute Mariners, and fent them into the Har¬ bour to affault the Ships, whilft General Blake wich his whole Fleet thundred whole broad fides upon the Caftle to hinder them from damaging their Boats» whilft the Sea-men in them plaid their parts fo refolutely, that they foon re¬ duced them all (being in number nine) to afhes, and returned back with the lofs of only twenty five men, and forty eight wounded : This aftion fpread abroad the fame and gallantry of the Englijh Nation all over thofe parts , and was looked upon by the people of thofe Countries, who had feldom feen Ships fight with Caftles, as little lefs then a defperate attempt. But during thefe tranfaftions of his Fleet abroad, the Proteftor had occafion offered him to exercife his Charity, Charles Emanuel Duke of Savoy-, having cru¬ elly murthered and maflaered moftoftheProteftants in his Dominions,& driven the reft from their dwellings unto the Mountains, where many of them dyed for cold or hunger; they fent their agents to beg relief of all Proteftant Princes, who touched with a deep fenfe of their Brethrens miferies, were all willing to contribute money to their a'Fftance. Nor would the Prote&or be back¬ ward in fuch a work, which herhoughc would make the world believe him truly pious; but he proclaimed i Faft, and defired a charitable Contribution through¬ out the Kingdom of England*nd wales, whereby large fums of Money were raifed, but that the leaft part of it wasimployed to that pious ufe for which it was intended, may appear fince this very Parliament now fitting, found out chat near eight thoufand pound collected forthat charitable purpofe had been paid I " f MH||I 3 who thought che jE^liß mud have gone farther for thole refrefh- mentsj they found out fVjers Bay mPertagal, from whence they couid make quick returns with fupplies; yet it happened that during their ablence, having left only a Squadron of Ships to ply up and down therèaboutsja part of th tSpanijb Plate Fleet, eight Ships in number came, whom Captain Stainer Commander of the Squadron etpyed within a few leagues of the Port, and being then to the Leeward, made what fpeed he could up to them, and in about two hours time in his own Ship, then called the Speaker-, the Bridge-water and the Plimonth came up to them, and notwithdanding their inequality in number, immediately en- countred them, and forced the Admiral, in which was the General Dun Marco del Porto torunafho're in the Bay-, the Vice-Admiral Gallion, commanded by Don Francifco d" Efcjuevill, in which was a Million and two hundred Thoufand pieces of Eight, and another Ship commanded by John Rodrigaet Calderon were tired* a Man of War with a Portugal Prize, and a fmall Vettel of Advice from the Vtce-roy of Mexico efcaped into Gibraltar-, but two others, the Rear-Ad. miral Gallion commanded by Don Francifco del Hajo, having in her two millions of Plate, and another Ship commanded by John De la Per re very richly laden, were taken and fent into England-, the Vice-Admiral was fet on fire by the Spaniards themfelves, to prevent her being taken; in her was the Marquefs of Hadox with his whole Family; he himfelf with his Wife and eldeft Daughter (who was going into Spain co be marryed to the Duke of Medina Celi) perifh- ed in the flames ; but his two fons, Don Francifco de Lopez, & Don fofeph de Sw nega, and two Daughters, Donna fofepha Sc Catelina, with about ninety others were faved. It was reported by the young Marquefs Don Francifco de Lopez, (who with his Brother and Sifters were brought up to London, and there fome time detained Prifoners) that about five Monechs before the Cities of Lima and Caloa'm Peru, had been deftroyed by an Earth-quake and Fire raining from Heaven, by which there periftied above Eleaven Thoufand Spaniards and not above one hundred Indians ; and that likewife by that Earth-quake the Mountains of Potoß being levelled, the Gold and Silver Mines were utterly de¬ ftroyed. The Prifoners taken in this fight, were after a fhort detainment difmiffed by the Protestor without ranfom : Though the profit received by the prises did not at all lefien the Impofition on the Fnglijh, as will hereafter appear; this breaking into open War with Spain, made the Treaty with France go on more vigorouily then before,it had longbeen folicitedby Cardinal Mazarine, and the King of England fore-feeing that it would at length come to a conclnfion, hacl wifely withdrawn himfelf, and departed out of that Kingdom into Germanj, to prevent the Ceremony of a complementalExpullion; but his Brother the Duke of Pork, flayed till fuch time as the Peace was fully concluded, by reafon of his Command in the French Army, when he had a fhort time given him to depart, and accordingly went into Flanders, whither his Brother the King had by the Count of Fuefeldagne on the behalf of the King ©f Spain been invited. The chief-end of the agreement with France, was to profecute the War by Land in Flanders, to which purpofe Six Thoufand Foot were fent over thither, under the Command of Commifiary General Reynolds, where what they did more here¬ after. CHAP. of Great Britain and Ireland. CHAP. C V. 354 f\A^I 1656. LrVVJ The ProteElors Second Parliament: Petition and Advice: The other Houfe nominated : Parliament dißolved: Blakes ViElory at San&a Cruz. THough the laft Parliament bad fo little anfwered the Proteftors defires, either of Confirming him in his Government, or of raifing Moneys for its fupport, yet hoping that another might do what the firft had denyed, he iffues out his Writs for the fummoning one [to convene on the feventeenth of September, 1656. And remembring the fpeeches and carriages of many Members of the late Parliament, he gave fecret advice to the Sheriffes of the feveral Counties* to hinder if poflible their being chofen; but though in fomc places this advice took effeft, yet in themoft the people choofing according to re- fpeft, it proved fruitlefs; however, the Parliament on the dsy appointed con¬ vened, but before they were permitted to enter the Houfe, they were enforced co fubfcribe a Recognition, as thole before them had done, That they would att nothing prejudicial to the Government as etfablifhed by a Proteftor: Whereupon many Members chofe rather to return home, but the major part figning the Recog¬ nition entred the Houfe, and choofing Sir Thomas IViddringtcn for their Speaker, began to aft fuitableto his Highnefs wifhes and defires: For firft, to fecure him from all attempts that might be made upon his perfon, they paflfed an Aft making it high Treafon to attempt, compafs or imagine the Proteftors death. And for the better fecuring of him in his Government, they pafled another renouncing and difannlling the Title of Charles Stuart, (fo ftyied they their lawfull King) unto the Dominions of England, Scotland and Ireland. They like- wife pafled feveral Afts for railing Money, for the more effeftual fupply of the Proteftors neceflities, and carrying on the Warre againft Spain, as firft, An Aft for an Afleflement of fixty thoufand pound a Moneth upon England, to continue three moneths: Another on Scotland, for the fame time, at five thoufand pound a Moneth, and the fame on Ireland. But for the more con¬ tinued fupply, there was another Aft pafled, for thirty five thoufand pound a Moneth for England, fix thoufand pound a Moneth for Scotland, and nine thoufand pound a Moneth for Ireland, to be paid for three whole years then next enfuing. Nor were thefe wanting to grant that to the Proteftor, which the Long Parliament had in a manner ablolutely denyed to the late King, viz. The Receipts of Tunnageand Poundage: nor was all this fufficient, but other Ma- cbinaes were fee on work for the railing of Moneys, as tbe reviving ofthat Aft prohibiting the multiplicity of buildings in and about the City of London, or within ten miles of it, and a whole years Revenue was by this new Adbto be immediately paid for all Dwelling or Out-houfes which had been built upon New Foundations fince the year 1620. By this vaft fums of Money were brought in; and all that not thought enough, but a new Aft for Excife upon Merchant dize imported was made, Hobby-horfes, Childrens Rattles and old Shirts not excepted: Thefe with four others, as one for the exportation of feveral Commodities, of the breed, growth and Manufafture of England; ano¬ ther for the taking away the Court of Wards and Liveries, &c. were at one time prefented to the Proteftor, to be by him confirmed, who at the time of his palling them, exprefled his thanks to the Parliament in this ihort Speech: Aaa !'1 p«- 354 r\j^n 1 6 57. u^rvj J be Civil Wanes C whichwas tothis 'SJSSj ijranccBKJ f. i ffl(fce a[r'entl that fo they roiot; thich both the Army ® n having mulieredhisSoul to Giibl-Hd) he hiil'. which concluded with the r£ffions of joy tkoughoir. I thought it a Fible, and thr. nfto met as formerly, am 'it and Minfcto treat witl is to bra conference k- 'he IdM Members a: wmay.vta\jfe<5f' aoitetore ontVvOK Kein Town to the rank Me there told them; Thtt endeavours had ken iifet r dirihons a moo® oar /afret; ad been pared km entlemen who hid been it tothettoubleoithitwef of Great Britain and Ireland. Houfe; next they enlarged the Generals Commiifion, making him Com¬ mander in chief of all the Forces of £ngland->Scotland,i.nd 7>e/W,making void the power granted by the jundto to their Commilfioners for ordering and managing the affairs of the Army; They likewife difanulled the Militia which had been conlii cured by the Rump, or Jundho, who had intruded it into the hands of none but Sectaries, and others, whofe interells were enterwoven with theirs to endeavour equally the ruine of the Nation, and in Head of them put it into the hands of the molt principal Gentry of every County, yet with this proviio, that before they were admitted to any Command they fhould fublcribe that they did acknowledge the War railed by the two Houfes of Parliament againlt King Charles the firft was lawful,till fuch time as violence was put upon the Par¬ liament in 1648. They likewife confirmed the Afleflement of One Hundred Thoufand pound per Moneth for fix Moneths; the City now willingly advancing Twenty Seven Thoufand Pound upon its fecucity, and bcfidefome other lefs pub- lick bufinefles, having impowered a Couiuil of State to a£f duringthe interval, and ifl'ued Writs for the convening of a Parliament on the 25. of April, they on thefixteenchof March difloIvedthemfelves,to the «great joy of all the people of England^ who were not only wearyed with that Long Parliament, but like- wile now freed from all prerences of the Rump fas it was called) to refit again and exercilc their Tyrannies, which yet notwithftanding they had both en¬ deavoured to continue during the laft fitting of the fecluded Members amongll them,by foliciting Petitions from the City for their not diffolving,endeavouring to juggle with the Officers of the Army; and when all would not prevail, by falfi- fying the lifts of the Militia and alfo afterwards by endeavouring to make a par¬ ty to maintain their power, to which purpofe Lambert (who had once been re- leafed and after imprifoned again in cheTower,for refufing to fign an Engagement to live peaceably J efcaped out of tbe Tower, but was immediately followed with a Proclamation from the Council of State, proclaiming him and his com¬ plices Traytors, and requiring all perfons whatfoever to endeavour to fupprefs him, and to that purpofe Colonel Rofciter, and Colonel Ingoldsby were fent out with fufficient ftrength of Horfe,it being the fortune of the latter to have advice of his being near Daventry in Northampton/hire with a party of four Troops, to wit, Captain Hafleriggs, Captain Clares, Colonel Alfreds, and Captain L^elthrops, (which two laft perfons were in London» and not at all acquainted with the pro- ceeedingsof their Troops) befides fome SeMaries who were likewife joyned with him, Ingoldsby polling towards him, his Forlorn-hope chanced to meet with Captain Haßeri^ge* whom they apprehended, but he was let go again upon Parole given to fend in his Troop, which accordingly he did under the Com¬ mand of his Cornet and Qoarter-mafler. At length Ingoldsby facing Lamberts party, the Enemy finding himfelf too weak to fight, defired to treat, which be- ing granted he propofed the reftoring Richard Cromwell to the Prote&orflaip, which being looked upon as a foolery they prepared to fight, but Colonel Ala¬ nd's Troop deferring Lambert-, he prepared to fly, hoping by thefwiftnefe of hisHorfe to have efcaped, but was overtaken by Ingoldsby himfelf, and being demanded to yield himfelf his prifoner, offered not fo much as to draw his Sword, but only cryed out. Pray my Lord let me efcapei Pray my Lord let me efcape. There were befides him, taken Colonel Cobbet-, Major Creed, Lieutenant Colo¬ nel Eoung, Captain Clare-, Captain Gregory, and Captain Spinage* Colonel But, Colonel Okljy Colonel Axt el-. and Captain (ßleere* Obeys fon in law efcaped, though puriued four miles. The Prifoners that were taken were on the 24. April* the day before the fitting of the Parliament brought up to London, and paffed by Hide-Park, corner, when the Citizens in their bravery were muftering theic whole Militia under their new and loyal Commanders, and being brought be¬ fore the Council, Lambert, C°bbct and Creed were committed clofe prifoners to the Tower, and the others to other places as the Council thought fit. Ddd i 6 6 0. CHAP. i