The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

To the King's most Excellent Majesty.

The humble Petition of the Gentry of your Majesties County of York, now assembled at the Assizes at York, July 28. 1640.

May it please your Sacred Majesty,

YOur most humble Subjects shew unto your Sacred Majesty, that in all humility this Country had endeavoured to fulfil your Maje∣sties Commands with the forwardest of your Majesties Subjects, and the last year in the exe∣cution of your Majesties Royal Commands about the Military Affairs did expend one hundred thousand pounds to our great impoverishment, and far above the proportion of other Counties; which although at that time we were willing (out of a desire to serve your Majesty) to do, yet for the future the burthen is so heavy, that we neither can, nor are able to bear it. Now upon this our chearfulness to serve you, we thought to have found equal favours with other Counties.

But so it is, most Gracious Soveraign, to our great grief, and (as we conceive) to the great disservice of your Majesty, we find our selves oppressed with the Billetting of unruly Souldi∣ers, whose Speeches and Actions tend to the burning of our Villages and Houses, and to whose Violences and Insolencies we are so daily subject, as we cannot say we enjoy our Wives, Children and Estates safely: wherefore we are emboldned, humbly to present these our Com∣plaints, beseeching that as the Billetting of Soul∣diers in any of your Subjects Houses against their will, is contrary to the Antient Laws of this Kingdom confirmed by your Majesty in the Peti∣tion of Right, we most humbly pray, that this insupportable burthen be taken from us, lest by their Insolencies some such sad Accidents may happen, as will be much displeasing unto your Sacred Majesty and your Loyal and Obedient Subjects, who will never cease to pray for your Majesties long and happy Raign over us.

• Phillip Wharton,
• Ferdinand Fairefax,
• Henry Bellasis,
• William Savile,
• Francis Wortley,
• Thomas Gower,
• Jo. Hotham,
• Ed. Stanhop,
• Henry Griffith,
• William Sheiffeild,
• Richard Darly,
• Jo. Ramsden,
• Hugh Cholmeley,
• Hugh Bethell,
• William Strickland,
• Thomas Remmington,
• Thomas Metham,
• Robert Strickland,
• Jo. Legard,
• George Buttler,
• Francis Mountone,
• Henry Cholmeley,
• George Trotter,
• Henry Darley,
• Richard Remington,
• William Franckland,
• Thomas Hebblethwaite,
• Jo. Hotham,
• Christopher Pearcihey,
• Jos. Pearc••y.
• Brian Stapleton,
• Phillip Stapleton,
• Ing. Hopton,
• Henry Anderson,
• George Crosbie,
• George Marwood.
• Thomas Hisketh,
• Jo. Anlabie,
• Christopher Legard,
• Jo. Inglebie,
• Mar. Norcliffe.

With divers others.

His Majesties Affairs, though he had now a very good Army on foot, were very much perplexed, and intricate; Money, the Sinews of War, was not over plenteous with the King, and a conside∣rable part of his Subjects here at home wish'd well perhaps (though to their own and the King∣doms infamy) to the Scottish designs; his Ma∣jesty was hereupon necessitated to borrow of the Spanish Merchants, and others of the Bullion then in the Mint at the Tower of London the sum of 40000 l. which was punctually repaid by his Ma∣jesty, and though the Kingdom then lay under an Invasive War [Oh the Indignity hereof!] from the rebellious Scots, his Majesties own Subjects; breaking thorough all tyes both Sacred and Civil by their Rebellion to the King, and Invasion of this Kingdom, yet would not the foregoing Par∣liament grant any succours and aids to his Maje∣sty for their Chastisement; but on the contrary

they were incourag'd in these their attempts by some here at home, to the embroilment and ruin of at last both these Kingdoms; yea, and of themselves and their Party too, I speak of the Presbyterian Faction, who afterwards, we know by whom, were fairly laid aside, and some of their Chiefs committed to Prisons and other hardships, by those who had been undertakers with them in their unfortunate and mischievous designs. This Defensive War, for so it was on his Majesties part, was not at all approved of by these sorts of men, but they endeavour'd what they could to debauch the common Souldiers, and caused them to Mutiny against their Comman∣ders, which they did in several places, as in De∣vonshire, Warwickshire, and in other Counties, as appears by an Order of Council, dated June 28. 1640.

At White-hall, June 28. 1640. Present The King's Most Excellent Majesty.

• Lord Archbishop of Canterbury,
• ...Lord Keeper,
• ...Lord Treasurer,
• ...Lord Privy-Seal,
• Lord Duke of Lenox,
• Lord Marquess Hamilton,
• ...Earl Marshall,
• ...Lord Admiral,
• ...Lord Chamberlain,
• Earl of Dorset,
• Earl of Salisbury,
• Earl of Bridgewater,
• Earl of Holland,
• Earl of Berks,
• Earl of Lanericke,
• Earl of Cork,
• Lord Goring,
• Lord Cottington,
• Lord Newburgh,
• ...Mr. Treasurer,
• Mr. Secretary Windebanke,
• Sir Thomas Rowe,
• Lord Chief Justice of the Common-Pleas.

THis day (his Majesty being present in Council) the Board was informed, that the Souldiers under the Regiment of Colonel Lunsford, were fallen into such a Mutiny against their Officers, and disorders likewise in the Coun∣ty of Warwick, in their passage through the said County, as that a great part of them are run away, and the rest persisting in so much disobe∣dience, as that they are ready all to disband; and that there is such a general remissness and backwarkness in the Deputy Lieutenants and others, to whom it appertains, to countenance and assist the Officers and Commanders in punish∣ing and reducing them to conformity and obedi∣ence; and especially in the raising and follow∣ing of Hue-and-Cries for the apprehending of those that run away, as that they seem rather to foment, than to endeavour the suppressing and reformation thereof: upon consideration and debate whereof had, and for that Information hath been given to the Board from other Coun∣ties of the like Mutinies and disorders, and of the like remissness and backwardness, (though not altogether in so high a degree) in those that should assist the Commanders and Officers for punishing and suppressing the same; whereby a great number of the Souldiers are disbanded and run away, to the great disservice of his Majesty and the publick, and the high contempt and scandal of all Authority and Government: It was therefore resolved and ordered, That a Proclamation should be forthwith published throughout the Kingdom, requiring the Deputy Lieutenants and Justices of Peace in the several Counties, and all others to whom it appertains, that they use all possible diligence and endeavor for the apprehending and punishing according to the Laws, of all those that shall be found to have run away from their Commanders and Of∣ficers; and likewise that they assist and endea∣vour all that possibly they may, in punishing and suppressing of the Mutinies of the Souldiers against their Officers, or any other insolencies and disorders by them committed: whereof his Majesties Attorney General is hereby required to take notice, and accordingly to prepare a Proclamation ready for his Majesties Signa∣ture.

The Privy Council being informed of another Mutiny as in Herefordshire, Somersetshire, and Dor∣setshire, and of some men slain, writ Letters like∣wise thereupon to the several Lord Lieutenants of the respective Counties, to assist the Officers of those Souldiers in their reduction and deserved punishments.

Moreover the Government of the City of Lon∣don it self became very disorderly, and was very troublesom to the Governours thereof, for daily Tumults were made, and privately and under∣hand encouraged by the foregoing Male-contents, which caused the Privy Council several times to raise the Militia of Middlesex and Surry to appease them, and for the keeping and maintaining of the peace of the City and adjacent Counties, as may appear by the Orders of the Council-board hereupon, and his Majesties Proclamation for the suppression of those Tumults, which we shall omit.

And for that the Souldiers, as in Marches of all Armies, consisting of new raised men, were very forward and ready of themselves to Mutiny, without being influenced hereto by any other Male-contents to this Scottish Expedition, and for that it was the opinion of men learn'd in the Laws, that Martial Law could not legally be executed in the King's Army, but when an Enemy is near to the King's Army, a Mutiny hapning amongst the Souldiers under the Lord Conway's conduct, and others, in the County of Essex, a Commission of Oyer and Terminer was directed to the Lord Chief Justice Brampstone for the Trial of the last mentioned at Chelmesford in Essex.

Neither were there lacking Mutinies and Com∣plaints ever studiously disseminated amongst the vulgar by the Presbyterian Faction, concerning Ecclesiastical Affairs, and more particularly about the late Book of Canons compiled by the Convo∣cation, and ratified by his Majesty, the great matter of these mens Exception thereto was the Oath &c. which by all means must be Popish, and a kind of Trojan; nay, having nothing less than the Pope and the Conclave of Cardinals in the Belly of it, howsoever the meaning thereof was innocent and harmless in the sence of the Compilers thereof, or of any other unbyassed

persons; yet most horrid Exclamations were every where raised against it: As the Excepti∣ons from Northamptonshire; from Dorsetshire and Kent sufficiently testifie, which we shall here sub∣join for that they, all of them, run upon the same mistake, as if the Oath obliged the taker thereof never to consent to any alteration though it was made by right Authority, whereas the known and undoubted meaning thereof was on∣ly to prevent alterations made by way of Tu∣mults and Uproars, and unlawful Authority, such as those were lately in the Church of Scot∣land, against which Popery, Presbytery, and Socinianism those Canons were chiefly le∣vel'd.

• 1. THey of Northamptonshire said, That the taking of this Oath doth seem to esta∣blish the legally of it, and prepare a way for the imposing of other new Oathes; whereas it is questionable, whether any Oath may be im∣posed, not establish'd and appointed by Parlia∣ment.
• 2. The taking of it, may seem to approve the exacting of it of all the persons of whom it is required; many of whom cannot take it (probably) in judgment, as not being ac∣quainted with the Doctrine and Discipline of the Church, nor the Controversies concerning them.
• 3. It is required, we should swear all things necessary for salvation to be contained in the Doctrine and Discipline of the Church of England.
  • 1. It is not declared, What is to be accounted the Doctrine of the Church.
  • The Book of Homilies hath been disclaimed: The Articles claimed by the Arminians and othes; and some of them corrup∣ted.
  • 2. It hath not been conceived, that any parti∣cular kind of Discipline was necessary to salvation.
    • The Presbyterians have been derided and writ against, for making the Discipline a part of the Kingdom of Christ.
    • It's acknowledged, That the Reform∣ed Churches that differ from us in Dis∣cipline, want nothing necessary to sal∣vation.
• 4. It's required to swear, Not to con∣sent to the alteration of the Government by Archbishops, Bishops, Archdeacons, &c. as it is by Law established, and by right they ought to stand: which Clause we dare not swear to, for these causes:
  • 1. Because we judge it unlawful to swear the perpetuation of any meer Ecclesistical Ordi∣nance which is subject to such corruptions as may necessitate an alteration; and such we judge this Government to be, at least in part; for Archbishops, Archdeacons and Deans are but Ecclesiastical, whatever may be said for Bishops,
  • 2. We have taken the Oath of Supremacy, by which we acknowledge the King's Majesty and his Successors Supream Head of the Church, and Governour in Causes and over Persons Ecclesiastical as well as Civil, which this Oath seems to contradict.
  • In that,
  • 1. It binds from consenting to the alterati∣on of Church Government, so that if the King or his Successors should alter it, we must dissent and Preach against them, as in the eighth Canon.
  • 2. It binds to acknowledge a further Right that Archbishops and Bishops, &c. have in the Government of Church, than that which is given them by Law, mean∣ing a Divine Right, as we are induced to believe:
    • Because,
    • 1. Many Bishops have so declared them∣selves.
    • 2. In the first Canon they have not given the King any power in Ecclesiastical Government, disclaiming only Papal, Popular, Independent, Coactive power, but not Episcopal; whereas the Controversies of this time require a more precise and open declaration.
  • 3. It seems to make more account of the the Discipline, than of the Doctrine of the Church; for in that we abjure Con∣sent to any alteration, in this we abjure endeavour to induce Popish Errors only.
  • 4. This Clause is administred with an &c. which we conceive was never tendred in any Oath before now.
  • 5. There are some things in the Discipline of the Church, which we have just ground to desire and endeavour the alteration of, should it be offered. As,
    • That the Bishop delegates his power to be officiated by a Chancellor, where∣by it comes to pass, that the sentence of Excommunication, which is in∣compatible with a meer Lay-man (as our Church teacheth against Presbyte∣rians) is devolved upon a meer Lay∣man, and the Plaister provided by the thirteenth Canon is too narrow for this sore.
      • For,
      • The Grave Minister to whom the pronouncing the Sentence belongs, is but the Chancellors Voice to speak what he decrees; and so the power of Excommunication is still in him.
• 5. The whole Oath is filled with so many am∣biguities, that we dare not take it.
• 6. The taking of it, makes us approve of the Synod, by which there are induced and tolerated divers Ceremonies contrary to the Book of Com∣mon Prayer, which we have subscribed unto, and must in this Oath (if we take it) abjure.
• 7. It is required, to be taken heartily and wil∣lingly, and yet they that refuse it, are threa∣tned with severe punishments; by which means it is to be feared, that many that are weak, may forswear themselves.

1. THose of Devonshire complain, that they are bound to take it willingly (and so they must the Oaths of Allegiance and Supremacy] which they say they cannot do with a safe Consci∣ence, and so shall be perjured, [if so, they ought to submit to the penalty, and not to raise Tumults.

2. That they must swear sincerely, without any mental reservation, yet that &c. in the Oath, referreth and implyeth somewhat more than is expressed, which they must conceive or under∣stand.

3. That they must acknowledge both the Do∣ctrine and Discipline of our Church, to contain all things necessary to salvation: which is not true of the Discipline.

4. That they are tyed never to give consent to any alteration of the said Discipline, though the King and State should enjoin them thereun∣to.

5. That it crosseth or contradicteth the Oath of Allegiance and Supremacy which they have already taken; because if the King by Parlia∣ment would disanul any part of the Ecclesiastical Discipline, or by a Synod shall alter it, they are bound never to consent.

6. That it is a flat bandy against the power of Parliaments; because the Clergy can constitute no Canons, much less create or impose Oaths, un∣less the Parliament confirm them: and therefore they think it a project to suppress all Parliaments for ever.

7. That it clips the wings of the King's Royal Prerogative and Spiritual Supremacy, bereaving him and his Successors from altering any thing in Church Government, either by Synod, Convoca∣tion or Parliament.

The men of Kent their Queries follow here∣after:

1. WHether it be lawful to take an Oath with an &c. where there may be a doubt, how much is thereby signified?

2. Whether to affirm in an Oath, that such a thing ought so by right to stand, doth not suppose it to be a Divine Right?

3. Whether it be lawful to swear the perpe∣tual maintaining any Order meerly Ecclesiasti∣cal?

4. Whether the Superiority of Archbishops above Bishops, and the substitution of Arch∣deacons, Deans, &c. be not meerly Ecclesiasti∣cal?

5. Whether when Divine Authority hath ordained only Bishops to be Church Governours, particularly in point of Excommunication, it be lawful to consent any more than passive∣ly, to any other Governours Ecclesiastical, to exercise the same Authority of Excommunica∣tion?

6. Whether since the Church of England re∣jects the Lay-Elders of other Churches, it doth not thereby condemn the giving of any power to Commissaries, Chancellors and Officials which are meerly Lay-men, to meddle in Excommuni∣cation even jointly with Ministers, much less as chief Surrogates, being but his Deputies and Ec∣clesiastical?

7. Whether the Scriptures Authorize such power being given to meer Lay-men?

8. Whether having sworn to the King's Su∣premacy in all causes Ecclesiastical, it be not a violation of that Oath, or at least a hazard of it in time to come, to swear not to give consent to such an alteration in Government, which may at least possibly be thought fit, and even be com∣manded with all Authority by the King or any Successor of his hereafter?

THese Queries are answered before, for the main of them, as are also the foregoing Exceptions in the beginning of this year, whi∣ther we shall remit the Reader, and now pro∣ceed.

The Scotch Army (as before is said) having entered England under the Command of Lesley as General, the Earl of Kalendar as Lieutenant Ge∣neral, and Alexander Hamilton as Major General at a Ford of the Tweede, call'd Cold Stream, the Noble Earl of Montross, then a Covenanter, com∣manding the Van-guard, and first taking the Ri∣ver, they did by slow Marches in a weeks space arrive at Newbourne, a small Village belonging to the Earl of Northumberland situate of the Tine, and there, as before, our Reader is given to un∣derstand, hapned the first Action betwixt the Scots and English; wherein and the manner how the latter were worsted, we have already de∣clared; and that they might not seem to be alto∣gether without Abettors and Maintainers of their quarrel here in England, and making necessity (which can never justifie any evil action) the ground of their Invasion, they emit and published certain considerations to manifest the legality of their present invading of England, and declared their intentions to their Brethren here in England in the six following Considerations.