Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet.

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Title
Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet.
Author
Whitlocke, Bulstrode, 1605-1675 or 6.
Publication
London :: Printed for Nathaniel Ponder ...,
1682.
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Subject terms
Great Britain -- History -- Puritan Revolution, 1642-1660.
Great Britain -- History -- Charles I, 1625-1649.
Great Britain -- History -- Charles II, 1660-1685.
Link to this Item
http://name.umdl.umich.edu/A65910.0001.001
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"Memorials of the English affairs, or, An historical account of what passed from the beginning of the reign of King Charles the First, to King Charles the Second his happy restauration containing the publick transactions, civil and military : together with the private consultations and secrets of the cabinet." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A65910.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

Anno 1640.

[Car. 16] April 13, 1640. The Parliament met, when the Earl of Strafford was led into the Lords House, by * 1.1 two Noblemen, to take his place according to his Degree.

He gave an account to the House what he had done in Ireland; having there obtained a Grant of the Parliament of Four Subsidies, for the maintenance of ten thousand Foot, and fifteen hundred Horse. And it was urged by some, as a good President for the Parliament of England.

The Lord Cottington reported in the Lords House, That by the King's Command, he and Secre∣tary Windebank, and the Attorney General, had ex∣amined Lord Louden in the Tower, touching the Letter of the Covenanters to the French King; That Louden acknowledged the hand-writing to be his, and that it was framed before the Pacification at Berwick, to be in readiness, but was never sent to that King: And that it was supprest upon the Pacification.

The Lords nevertheless thought fit that Louden should be continued in the Tower, until further E∣vidence, either to convict, or to clear him.

Glanvill, who had engaged to be a better Ser∣vant to the King than formerly, was now Speaker * 1.2 of the House of Commons, and very active to pro∣mote his Majestie's desires, whereof he gave suffi∣cient testimony; and of the change of his former Opinion.

A Message was sent by the King to the Commons, which was for Supplies; representing to them, * 1.3 the intollerable Indignities and Injuries wherewith the Scots had treated him; and he declared, that if the House of Commons would assist him, suitable to the Exigency of his Occasions, he would quit his claim of Ship-money, and give them contentment in all their just Demands.

This Message did take much with the House; the Speaker, Sir John Wray, and others, cried it up: yet they first insisted upon a Security in three Points.

  • 1. For clearing the Subjects Property.
  • 2. For establishing Religion.
  • 3. For the Privilege of Parliament.

Many Conferences were between the Lords and Commons, and warm Debates in both Houses up∣on the old Question; Which should precede, the King's Supply, or the Subjects Grievances?

In the debates, Strafford was magnified, for be∣ing a chief Instrument to bring on this Parliament; at length, the Lords, after a strong division, Voted for the King, and the House of Commons for the Subjects.

But it was not long ere this difference was un∣happily decided; Secretary Vane, who by the King's appointment, was to make known the par∣ticulars of his Desires, demanded Twelve Sub∣sidies.

At which high and unreasonable Demand (as some called it) many of the House of Commons were greatly distasted, and expressed themselves to that purpose; yet were generally inclined to have given (no usual, or lean Gift) the Gift of Six Subsidies.

Sir Henry Vane escaped not without his Censures, * 1.4 That his Commission from the King was but to demand six Subsidies,; and that his mistake in requiring twelve Subsidies, was industrious, and on purpose to raise the House to animosity: Which took effect, but whe∣ther intended so, or not, is hard to judge.

The King advising with his Juncto, the averse∣ness of the House of Commons to any compliance with him, and their sharp Debates upon the old score of Grievances was rendred to him so despe∣rate, that May 5th. he ordered the Dissolution of that Parliament.

The Councel given to Dissolve this Parliament, * 1.5 was greatly and generally disliked; and the differ∣ences between the King and his People (which were of late too much encreased, and were hoped might have been cemented by this Parliament) were by the Dissolution thereof aggravated; and the Scots Troubles which many sober men expected this Parliament would have appeased, were by the breach of it, feared to grow wider; and the chief Blame and Odium of all, was by many laid upon Archbishop Laud. He was more busie in Temporal * 1.6 Affairs, and Matters of State, than his Predecessors of later times had been. Judge Whitelocke who was anciently and throughly acquainted with him, and knew his Disposition, would say, He was too full of fire, though a just and good man; and that his want of Experience in State Matters, and his too much Zeal for the Church, and heat, if he proceeded in the way he was then in, would set this Nation on fire.

By his Councel chiefly (as it was father'd upon him) the Parliament being dissolved, yet he per∣swaded the King to continue the sitting of the Con∣vocation, by a new Commission granted to them for the conclusion of such Matters as were then in treaty amongst them.

Yet by the Opinion of Finch, Maunchester, Lit∣tleton, * 1.7 Banks, Heath, and Shelton, signified to the King, the Convocation called by the King's Writ, was not to Dissolve, but by the King's Writ, notwithstand∣ing the Dissolution of the Parliament. But it was held best, and to clear all Objections, to continue them by this new Commission.

Page 33

May 9. A Paper was posted up at the Old Ex∣change, exhorting the Prentices to rise, and sack the * 1.8 Archbishop's House at Lambeth, the Munday fol∣lowing; and on that Night about Five hundred beset his Palace; but the Archbishop having had notice of the Paper, provided for his Defence, that they could make no entrance, only their Tongues ceased not to utter Revilings of all bitterness a∣gainst him.

A few days after, some of this Company were taken and tryed for Treason, upon the Statute 25 Edw. 3. for levying War against the King, be∣cause they had a Drum which beat up before them. The Judges resolved it to be Treason; and one of their Captains, a Cobler, was hanged, drawn, and quartered for it, and his Limbs set on London Bridge.

In this Case, although there was nothing but the breach of the Peace, and of a few Glass-windows, and setting at liberty some Prisoners, and none slain, or hurt, yet because so great a Number were assembled, and in a War-like manner, with a Drum, with unlawful Intents, it was adjudged Treason, and the Party suffered for it.

As the King had his private Juncto's, so the A∣gents of the Covenanters, and their Friends in Lon∣don, had their private Meetings and Councels, with those who were discontented at the present mana∣ging of Affairs at Court, and who had suffered by the late Proceedings; and from hence no small In∣couragement and promise of Assistance was given to the Covenanters.

The King caused a Guard to be set about West∣minster Abbey, that the Convocation might sit the more securely; yet were not these Seats very easie, they were in danger of the King's Displeasure, if they rose, and of the Peoples Fury, if they sate; to be beaten up by Tumults whilst they sate at the Work, and to be beaten down by the next Parlia∣ment for doing of the Work.

Episcopacy was Dissolved in Scotland, and as much envied by many in England; the Presbyters there were equall'd with Bishops; the same was the Tenent of not a few here: and divers Tracts were written against them, and in defence of Bi∣shops, and their Divine Right.

The Assembly in Scotland having formed a Co∣venant for destruction of Episcopacy; this Con∣vocation for their own support frame an Oath equi∣valent to be Imposed on all Ministers.

THat they approve the Doctrine * 1.9 and Discipline of the Church of England, as containing all Things ne∣cessary to Salvation. That they will not endeavour to bring in any Popish Do∣ctrine contrary to it. Nor give con∣sent to alter the Government of this Church by Archbishops, Bishops, Deans, and Archdeacons, &c. as it now stands E∣stablished, and by right ought to stand. Nor to subject it to the Ʋsurpations and Superstitions of Rome: That this they do plainly, and sincerely Acknowledge and Swear, and do it heartily, willing∣ly and truly.

This Synod also made a Canon for placing the Communion-Table at the East-end of the Church, sever'd with Rails, to preserve it from Profana∣tion; * 1.10 and for permitting the practice of Bowing to the East, or omission of it, as men were per∣swaded in their Consciences, of the lawfulness or unlawfulness of it.

They also granted to the King an ample Bene∣volence of the Clergy, of Four Shillings in the Pound for six years, towards his intended Expedi∣tion against the Scots, and so brake up the twenty ninth of May.

This added more Fuel to the Flames already burning, and was the Subject of great Debate, and Censures which followed.

The King was very active to carry on his Expe∣dition Northwards, he calls a Juncto of select Counsellors, whereof Sir Henry Vane was then thought sit to be trusted for one: At one of their Meetings, he took short Notes of the Debate, which coming afterwards to his Son's hands, were made use of against the Earl of Strafford, as will ap∣pear in the Story.

And now the Parliament having yielded no Sup∣plies to the King's occasions, all the Wheels of Prerogative are set on Motion, to provide Money for the King's Affairs.

Knighthood Money is set on foot; all Knights and * 1.11 Gentlemen who held Lands in Capite of the King, are summoned to send men, Horses and Arms, a∣greeable to their Tenures and Qualities.

The City of London is Invited to a Loan, but * 1.12 they stand off, and generally refuse, being dis∣contented at the present Proceedings; and par∣ticularly displeased, because their Plantation at London Derry in Ireland was taken from them, (as they held) unjustly, by Sentence of the Star-Chamber, adjudged to be forfeited, for their usurp∣ing more Liberty than their Patent warranted, and Fines were Imposed on them, and on the Underta∣kers: and though they offer'd, by way of Compo∣sition, to build for the King a stately Palace in S. James's Park, and to pull down Whitehall, and make a stately way by the Thames-side, streight from Charing-cross to Westminster-hall; yet it would not be accepted.

The main Assistance for this War came from the Officers and Gentry, and a Royal Army was * 1.13 compleated, whereof the Earl of Northumberland was made General, and the Earl of Strafford Lieu∣tenant General; but Northumberland falling sick, the King himself took upon him to be Generalissi∣mo, as, being in Person in the Expedition, he ought to be.

July the 20th. The King had another Son born, * 1.14 Henry Duke of Glocester.

The King's Army was marched before; and about August 20. the King himself went out of Lon∣don, towards the North, and two days after by Proclamation, He declares the Scots Rebels: That * 1.15 he had sought by Clemency to appease their rebellious courses; who upon pretences of Religion, have sought to shake off his Regal Government; and now take up Arms and Invade England. He declares all those who have already entred, or shall enter in warlike-manner in England, their Adherents and Assistants to be Re∣bels and Traytors: Yet if they shall acknowledge their former Crimes, and crave pardon, he tenders it to them.

A Prayer was likewise published to be said in all Churches for the King, in his Expedition against the Rebels of Scotland.

But nothing could alter the opinion and humour of divers of the Officers and private Souldiers of his Army, who in their March to their Rendez∣vous,

Page 34

spared not to declare their Judgments a∣gainst this War; and that they would not fight to maintain the pride and power of the Bishops: And this their Resolution seemed not to be feigned, by the ill success afterwards.

The Lord Conway Commander in chief then up∣on * 1.16 the place, to secure some Passes, August 27. drew out Twelve hundred Horse, and two thousand Foot, placing the Foot under a Breast-work, to gall the Scots in their pass over the River Tine, near New-Castle,

General Lesley over-night had planted nine Pie∣ces * 1.17 of Ordnance on his side of the River, and blind∣ed them with Bushes. In the Morning, he craves leave of the Lord Conway, to pass with his Petition to the King, he was admitted to pass with a consi∣derable Number, but not with his Army.

But Lesley would not divide his Forces, and Foards over three hundred Horse, whom the Eng∣lish behind the Breast-work forced to retire, and Lesley to relieve them, plays his Cannon from the Blind upon the English, drove them from their Post, and they cast down their Arms and fled.

Then their Horse advanced upon Wilmot, Com∣missary General of the King's Horse; who ac∣companied * 1.18 with prime Gentlemen, stood to the Charge of the Scots Horse and Cannon, till galled and over-powred with Number, they retired in disorder, three hundred of them being slain and taken Prisoners.

Conway was fain to Retreat with this Ill News to the King, whom he found at North Allerton.

Sir Jacob Ashley Governour of Newcastle for the King, quitted that Town to the Scots, and they became possest of it, and within two days after, of Durham likewise.

Strafford brought up the Rear of the Army re∣treating to York, where the King staid; and the miscarriage of Conway was examin'd, who being ac∣cused * 1.19 of Cowardise or Treachery, used his best Art and Flourishes to vindicate himself: yet some∣thing stuck upon him.

The English Garrison at Berwick Issued out, and recovered some Peices of Cannon, which Lesley had left at Dunce, as not usefull for his Train.

This gave Alarm to the Earl of Hadington, who with two thousand Horse and Foot pursued and rescued the Cannon, and the next day, he, and twenty more Knights and Gentlemen in an instant were all slain by an accident of Fire, which blew up the Magazine of Powder in a Vault, and they were killed by the Stones which flew from the Vault.

The Scots having got on this side the Breeze, in a warmer and more fruitful Country than their own; with Fires of Newcastle Coal, with Meat, Drink, and Lodging of the best. They now Peti∣tion the King, In the Name of the Lords of the last * 1.20 Parliament, and others his Majestie's Loyal Subjects of Scotland; Complaining of their Grievances in ge∣neral, for relief whereof they are constrained to come, without prejudice to the Peace of England, till they were with Arms opposed their Passage at Newborn; and now present themselves to his Majestie's goodness, for satisfaction of their full Demands, and repair of their Wrongs and Losses, with the Advice of the Par∣liament of England to be Convented.

The King answers,

That he expects their particular Demands, having already summoned the Peers of England to meet at * 1.21 York, September 24. and commands them to advance no further.

The Scots three days after sent their particular Demands.

1. That the late Acts of Parliament may be publish∣ed * 1.22 in his Majestie's Name, with the States of Parlia∣ment.

2. That Edenburgh Castle, and other Strengths of Scotland may be fortified, and used for our defence and security.

3. That our Country-men in England and Ireland may not be pressed with Oaths and Subscriptions, con∣trary to the National Oath and Covenant.

4. That the common Incendiaries may receive their Censure.

5. That our Ships and Goods, and Damage may be restored.

6. That the Wrongs, Losses, and Charges, which all the time we have sustained, may be repaired.

7. That the Declarations against us, as Traytors, may be recalled.

8. That by Advice of the Parliament of England, Garrisons may be removed from the Borders, and all Impediments of free Trade and Peace settled for our Religion, and Liberties.

9. That the meeting of the Peers the 24th. Septem. will be too long ere the Parliament be convened, the only means of settling Peace, and enabling us to obey his Majestie's Commands.

In this time some of the English Lords well af∣fected to a Parliament, and no bitter enemies to the Covenanters, had framed a Petition, which * 1.23 they sent by some of their number to the King to York, and it was to this effect:

They set forth their Zeal to the King and Kingdom, moving them to be seech his Majestie's leave, to offer to his Princely Wisdom, the Apprehension they and others of his Loyal Subjects have of the Distempers and Dan∣gers to the Church and State, and to his Person, and the means to prevent them.

The Evils they mention are first;

That his Sacred Person is exposed to danger in this Expedition, and by the War his Revenue wasted, his Subjects burdened with Coat and Conduct-money, Bil∣letting of Souldiers, and other Military Charges, and divers Rapines and Disorders, by the Souldiers, and the Kingdom full of fears and Discontents.

2. The Innovations in matters of Religion, the Oath and Canons lately Imposed.

3. The great Increase of Popery, and imploying Po∣pish Recusants, and others ill affected to Religion in places of Power and Trust.

4. The Mischiefs which may fall, if the Intentions which have been credibly reported of bringing in Irish and foreign Forces, should take effect.

5. The urging of Ship-money, and prosecuting She∣riffs for not Levying of it.

6. The heavy Charge upon Merchandize, and the Monopolies.

Page 35

7. The great Grief of the Subjects by long Intermis∣sion of Parliaments, and the late and former Disso∣lutions of them.

For Remedy, they humbly beseech his Majesty to summon a Parliament, whereby the Causes of these Grievances may be taken away, and the Au∣thors and Counsellors of them punished. That the present War may be composed without Blood, to the honour and safety of the King, the comfort of his People, and the uniting of both Realms.

Concluded, August 28. 1640.

Subscribed,

  • Bedford,
  • Essex,
  • Mulgrave,
  • Say and Seal,
  • Ed. Howard,
  • E. of Bristoll.
  • Hartford,
  • Warwick,
  • Bullingbrook,
  • Mandevill,
  • Brook,
  • Paget.

The King's Answer to this Petition was,

That before the receipt of it, he well foresaw * 2.1 the danger that threatens Himself and Crown, and therefore resolved to summon all the Peers to his Presence the twenty fourth of September, and with them to consult what in this Case is fit∣test to be done for his Honour, and Safety of the Kingdom, when the Petitioners with the rest might offer any thing conducing to these ends.

This was followed with a Petition of the Citi∣zens * 2.2 of London, Setting forth their Grievances, and the Remedy by calling a Parliament. Much to the same effect with the Petition of the Lords.

The Scots at Newcastle seize four great English Ships, laden with Corn, lay a Tax of Three hun∣dred and fifty pounds a day on the Bishoprick of Durham, and Three hundred pounds a day on Northumberland, on pain of Plundering; and com∣mitted many Injuries and Insolencies on the English where they quartered.

The great Council met at York 24. Septem. ac∣cording to summons; and the King spake to them, * 2.3 that he had called them for their advice, and assistance in this time of exigency, according to the custome of his predecessors. That he, of himself, had resolved to call a Parliament, to meet 3d. Novemb. next; and in the mean time required their advice, in those things which could not stay untill the meeting of the Parlia∣ment.

The War, being begun with the Scots, put ma∣ny men to think of a posture of defence for them∣selves, and to a provision of arms.

The discourses of the Scottish War, were very * 2.4 various, those who favour'd the Popish and Pre∣latical ways, did sufficiently inveigh against the Covenanters; but generally the rest of the people favoured and approved their proceedings, and there was a strange spirit of division in the opini∣ons, and wishes of most men in these affairs, too many not onely favouring, but joyning with, and assisting the proceedings of the Scots Cove∣nanters.

After several meetings, and debates in the great * 2.5 Council at York, a Messenger was sent from the King, and Lords to the Scots Army, to give no∣tice to them that on Tuesday next, sixteen of the English Lords should meet with as many Scotch Lords at York, to treat of the differences. But the Scots refuse York to Treat in, as not secure for their Commissioners, so long as the Lieutenant of Ireland commanded there in chief, who had proclaimed them Traitors in Ireland, before the King had done it in England, threatning to destroy their memory; a∣gainst whom they had high matters of complaint.

This was the first publick appearance of the * 2.6 Scots enmity against Strafford; which some affirm was set on from hence; and it was strange that it should not be more regarded.

Another place of Treaty was named at Rippon, * 2.7 where the Commissioners on both sides met. The English proposed a Cessation of Arms, but the Scots, as they would obey the King's commands not to advance; so they could not return, till they had effected their business.

They presented their Demands, how their Ar∣my * 2.8 should be maintained, till the Treaty ended, and peace secured.

2. For safe Convoys for their Commissioners.

3. Safe Convoys for all Letters to, and from the Parliament.

4. For free trade of both Kingdomes, and New∣castle trade not to be hindred.

At length the Commissioners on both parts agree.

To a Cessation of Arms.

To a Contribution of 850. l. per diem for the Scots Army in Northumberland, Westmorland, Durham and Newcastle.

The River Tees to be the bound of both Armies.

Private Insolencies to be no breach of the Treaty, with divers other conditions, and their chief de∣mands were referred to a general Treaty to be pro∣ceeded in at London.

Many wondred, and some inveighed against this * 2.9 Treaty, wishing the King would have put it rather to the Issue of a Battel; than to have given such Terms to his Subjects in Rebellion, and of this Judgment was Strafford, and the Episcopal party. But the other party cryed up this treaty, as Just, Honou∣rable and Pious; to prevent effusion of Bloud, and to settle peace, and the King saw plainly that both, divers officers of his Army, and even the pri∣vate Soldiers generally (which was a most remar∣kable Inclination) had no mind to fight against the Scots; which cheifly caused the King to con∣clude this Treaty.

The Resolution of calling a Parliament, set ma∣ny on work to canvase for places. The Court laboured to bring in their friends; but those who were most favour'd at Court, had least respect in the Country and it was not a little strange to see what a spirit of opposition to the Court procee∣dings, was in the hearts, and actions of most of the people, so that very few of that Party had the favour to be chosen members of this Parlia∣ment.

The Earl of Montross of great alliance in Scot∣land * 2.10 came into England, to serve the King, but by Hamilton's cunning, as was supposed, the King, at his first coming to him, neglected him; which caused his resort to, and joyning with the Cove∣nanters: being weary of them, he now writes to the King to York, professing his Loyalty, and Ser∣vice to His Majesty.

This Letter, by Hamilton's means, as was re∣ported, was stoln out of the King's pocket, co∣pyed, and sent to the Convenanters, they made use of it, as shall be mentioned hereafter.

The third day of November, the Parliament was * 2.11 to meet, some perswaded the Archbishop to get it adjourned for two or three days; because that the third of November was an ominous day; the Par∣liament called on that day 20 H. 8. beginning with the fall of Cardinal Woolsey, and ending in the

Page 36

dissolution of Abbeys, but the Archbishop took little heed of such things.

The time of the Parliaments meeting drawing near, it was considered at York, whether the Earl of Strafford should repair to the house, or continue in the north with the Army.

The King was earnest for his going up to the * 2.12 Parliament, as one, of whose service he should have great occasion, and placed much confidence in his faithfulness and abilities.

The Earl humbly desired His Majesty to excuse his going to the Parliament, alledging that he should not be able to do His Majesty any service there; but should rather be a means to hinder his affairs; in regard he foresaw that the great envy, and ill will of the Parliament, and of the Scots, would be bent against him.

Whereas, If he kept out of sight, he would not be so much in their mind, as he should be, by shewing him∣self in Parliament; and if they should fall upon him, he being at a distance, what soever they should conclude against him, he might the better avoid, and retire from any danger, having the liberty of being out of their hands, and to go over to Ireland, or to some other place, where he might be most serviceable to His Majesty, but if he should put himself into their power, by coming up to the Parliament, it was evident that the house of Com∣mons, and the Scots with all their Party, especially be∣ing provoked by his coming amongst them, would presently fall upon him, and prosecute his destruc∣tion.

The King, notwithstanding these reasons, con∣tinued very earnest for Strafford's coming up to the Parliament; for which, he laid his commands up∣on him: and told him, that as he was King of Eng∣land, he was able to secure him from any danger, and that the Parliament should not touch one hair of his head.

The Earl thank'd His Majesty, but replyed, that if there should fall out a difference between His Maje∣sty, and his Parliament, concerning him; that it would be a great disturbance to His Majestie's af∣fairs; and that he had rather suffer himself, than that the King's affairs should in any measure suffer, by rea∣son of his particular.

The King remained unalterable in his resoluti∣on, concerning Strafford's coming up to the Par∣liament, saying that he could not want his advice, in the great transactions, which were like to be in this Parliament, and in obedience to his Commands, the Earl came up to London.

The King, in His speech to both Houses, had told them that he was resolved to put himself freely * 2.13 upon the love, and affections of His English Subjects. He told them, the wants of his own Army, The Cala∣mities of the Northern Countries, where both Armies lay, and freely leaves it to them, where to begin, pro∣miseth Redress of Greivances; and desires that all suspition of one another may be layd aside.

Some exception being taken that in his Speech he called the Scots, Rebels, He after explains, and Justifies, in his speech to the Lords.

The first week was spent in naming general Committees, and establishing them, and receiving a great many Petitions, both from particular per∣sons, * 2.14 and some from multitudes, and brought by troups of horsemen from several Counties, craving redress of Grievances, and of Exorbitances, both in Church and State.

Many were inlarged out of Prison to make their complaints, Prynne, Burton, Bastwick and others.

Many smart speeches were made in the House of Commons, touching grievances, which Mr. Pym * 2.15 divided into three heads.

  • 1. Against Privilege of Parliament.
  • 2. Prejudice of Religion.
  • 3. Liberty of the Subject.

Under the first head were reckoned,

  • 1. Restraining the Members of Parliament from speaking.
  • 2. Forbidding the Speaker to put a question.
  • 3. Imprisoning divers Members for matters done in Parliament.
  • 4. By Proceedings against them therefore, in Infe∣riour Courts.
  • 5. Injoyning their good behaviour, and continuance in prison even unto death.
  • 6. Abrupt dissolutions of Parliament.

Under the second head of Religion were men∣tioned.

  • 1. The suspension of Laws against them of the popish Religion, Laws, and Oaths will not restrain them; the Pope dispenceth with all.
  • 2. Their places of trust, and honour in the Common wealth.
  • 3. Their free Resort to London, and to the Court, to communicate their Councils and designs.
  • 4. As they have a College in Rome for the Pope's authority in England, so they have a Nuntio here to execute it.

Under Innovations of Religion, were brought in,

  • 1. Maintenance of Popish Tenets, in Books, Sermons and Disputes.
  • 2. Practice of Popish Ceremonies countenanced and enjoyed, as Altars, Images, Crucifixes, Bowings.
  • 3. Discouragement of Protestants, by rigid Prose∣cution of the scrupulous, for things indifferent, no vice made so great as Inconformity.
  • 4. Incroachment of Ecclesiastical Jurisdiction.
    • 1. In fining, and imprisoning without Law.
    • 2. Challenging their Jurisdiction to be appropriate to their order, Jure Divino.
    • 3. Contriving, and publishing new Orders of Visita∣tion in force, as of Canons, the boldness of Bishops, and all their subordinate Officers and Officiales.

Under the third head, the Grievances.

  • 1. By Tunnage and Poundage unduly taken.
  • 2. Composition for Knighthood.
  • 3. The unparalell'd greivance of Shipmoney.
  • 4. Enlargment of the Forests beyond the due bounds.
  • 5. Selling of Nusances, by compounding for them.
  • 6. The Commission for building.
  • 7. The Commission for Depopulations.
  • 8. Ʋnlawful military charges, by warrant of the King, Letters of the Council, and Orders of the Lieu∣tenants of the Counties, and their Deputies.
  • 9. Extrajudicial Declarations of Judges, without hearing Council, or Arguments.
  • 10. Monopolies, countenanced by the Council Table, and Justices of the Peace required to assist them.
  • 11. The Star Chamber Court.
  • 12. The King's Edicts, and Proclamations lately used, for maintaining Monopolies.
  • 13. The ambitions, and corrupt Clergy preaching divine authority, and absolute power in Kings, to doe what they will.
  • 14. The Intermission of Parliaments.

The Lord Digby mentioned the late Benevolence, * 2.16 and the New canon Oath, which he called a Cove∣nant against the King for Bishops, and the Scots Cove∣nant is against the King and Bishops.

Many other Speeches were made, by several Members, all of them to the same Effect, touching grievances.

The King made the Lord Cottington Constable of the Tower of London, and placed there a Garri∣son of 400 men, to keep the City from Tumults.

Page 37

But the House of Commons and others without, much unsatisfied thereat, the King took off the Gar∣rison, and Commission of Constable, and left the command of it to a Lieutenant, as before.

Upon the extraordinary confluence of Popish Recusants to London, the King sent a Message to * 2.17 the Parliament, that by Proclamation they should be removed to their places of abode, and disarmed.

The House of Commons ordered that all Projec∣tors, and unlawful Monopolists, be disabled to sit in the House, and many members thereupon withdrew themselves, and new Elections were made in their Rooms.

Complaint was made to the Lords House of breach of their Privilege, by search of the Poc∣kets, Cabinets and Studies of the Earl of War∣wick, * 2.18 and the Lord Brooke, upon the dissolving of the last Parliament. Sir William Beecher, one of the Clerks of the Council, who did it upon com∣mand of the Secretaries of State, was commit∣ted to the Fleet.

The House of Commons sent up a Message to the Lords, by Mr. Pym, The impeachment of the Earl of * 2.19 Strafford of high treason, upon which the Earl was committed to the black Rod, and Sir George Rat∣cliffe, his confederate, was sent for out of Ireland, by a Serjeant at Armes.

The two Armies lay a heavy burden on the Counties where they quartered, to ease which the Parliament borrowed 100000 l. of the City of London.

Upon suit of the Lords to the King, the Bishop of Lincoln was released out of the Tower.

The Earl of Strafford moved, that he might be bayled, by divers Lords, who offered to be Sureties for him, which was denied; but a Council, and a Sollicitor were assigned to him.

In the house, there fell out a Debate touching the writs of Habeas corpus, upon which Selden, and the rest of his fellow prisoners demanded to be * 2.20 bayled, and the Judges of the King's Bench did not bayle them, as by Law they ought; but required of them Sureties for their good behavi∣ours.

This was so far aggravated by some, that they moved the Prisoners might have Reparation out of the Estates of those Judges, who then sate in the King's Bench, when they were remanded to prison, which Judges they named to be, Hyde, Jones, and White∣locke, as for Judge Crooke, who was one of that Court, they excused him, as differing in opinion from the rest.

Whitelocke a Member of the House, and Son to the Judge, knew this to be mistaken, as to the fact, and spake in the behalf of his father to this effect, That it was not unknown to divers worthy Members of the House, that Judge Whitelocke had been a faith∣full, able and stout assertor of the rights and liberties of the free-born; Subjects of this Kingdome, for which he had been many ways a sufferer. And particularly by a streight and close imprisonment, for what he said and did, as a Member of this honourable House, in a former Parliament. And he appeals to those noble Gentlemen, who cannot but remember those passages, and some, who were then sufferers with him. And for his opinion, and carriage in the case of Habeas corpus, 'tis affirmed to have been the same with that of Judge Crooke, and he appeals for this, to the honou∣rable Gentlemen, who were concerned in it; and others, who were present then in Court.

Hampden and divers others seconded this moti∣on; who affirmed very much of the matter of fact, and expressed themselves with great respect, and * 2.21 honour to the memory of the deceased Judge, who was thereupon reckoned by the house, in the same Degree with Judge Crooke, as to their cen∣sure, and proceedings.

One Mr. Heyward, an active Justice of Peace in Westminster, had drawn up a Catalogue of the Re∣cusants there, for the Committee of Religion, which occasioned one James a Papist to stab Hey∣ward in Westminster-hall; but not to death, and James was privately punished.

Prynne and Burton were conducted into London * 2.22 from their several Prisons, by many hundreds of horse and foot in great Pompe, and defiance of Ju∣stice, and they petitioned the House of Commons for dammages against their Prosecutors.

Sir Francis Windebanke, Secretary of State, and * 2.23 a great intimate of Archbishop Laud, having been questioned for repreiving Jesuits, and Preists, and suspected of worse matters, to prevent any further tryall, he escaped into France, where he remained to his death (as is reported) a profes∣sed Papist.

The House of Commons Voted,

1. That the charge of Shipmoney was against the * 2.24 Law, the Subjects Right and Property, and contrary to former Resolutions in Parliament, and to the Peti∣tion of Right.

2. That the extrajudicial opinion of the Judges was against the Law, &c. ut prius.

3. That the Shipwrits were against the Law.

4. That the Judgement in Mr. Hampden's Case, about Shipmoney, was against Law, &c.

The House of Lords passed the same Votes, and the next day a Committee was appointed, to draw up a Charge of Treason against such as had been abettors therein, the Lord Keeper Finch, and the rest of the Judges.

The House of Commons, having ingaged to * 2.25 present to the Lords particular Articles of their Charge of high Treason against the Earl of Straf∣ford, they now were moved to appoint a select Committee to prepare and draw up those Articles, and to manage the evidence against the Earl at his Tryall, and that this Committee should be under an Ingagement of Secrecy, in regard of the Nature, and greatness of the business.

Of this Committee, were named, Pym, Hamp∣den, Hollis, Lord Digby, Stroud, and Sir Walter Earle, Selden, St. John, Maynard, Palmer, Glynne, and Whitelocke.

Whitelocke was chosen Chairman of the Commit∣tee, the Papers were all delivered to his custody and trust, and an ingagement of secrecy was made solemnly, in the nature of a Voluntary Oath, by every one of the Committee, and they did sit al∣most every day to prepare the Articles of the charge against the Earl of Strafford.

11. Decem. Alderman Pennington, with some hundreds following him, presented the Citizens * 2.26 Petition, subscribed by 15000. against the disci∣pline, and Ceremonies of the Church.

The House of Commons 15. Decem. Resolved.

That the Clergy in a Synod or Convocation, hath no * 2.27 power to make Laws, Canons or Constitutions, to bind either Laity or Clergy, without the Parliament. And that the Canons, made by the late Convocation, are a∣gainst the fundamental Laws of this Realm, the King's Prerogative, Propriety of the Subject, the Rights of Parliament, and do tend to faction, and sedition.

They also voted, that a Bill should be brought in, to fine those of the Clergy who sate in the late Con∣vocation, and were Actors in making those Ca∣nons.

Page 38

The like proceedings were to be had against the Judges, for their opinions, and Judgment in the Case of Shipmoney.

Mr. Hollis is sent up to the Lords, with an Im∣peachment of high Treason, against Archbishop Laud, and the Scots joyned him with the Earl of * 2.28 Strafford, as Incendiaries in the National diffe∣rences.

Upon reading of both charges, the Archbishop was committed to the black Rod.

The Scots Commissioners conclude their accu∣sation against him, That if the Pope had been in his place, he could not have been more zealous against the reformed Churches, to reduce them to the Heresies, Doctrines, Supersitions, Idolatries of Rome, &c.

They likewise exhibited a charge against the Earl of Strafford's confident, Sir George Ratcliffe, and having secured the great Statesman Strafford, and the great Churchman Laud; the Commons prepare to impeach the chief Officer of Law, the * 2.29 Lord Keeper Finch, of high Treason.

He having notice thereof, desired leave of the House to be admitted to speak for himself before them, which was granted, and a Chair set for him, near to the Bar, he came into the House, carrying the Purse himself, and when the Speaker told him that his Lordship might sit, he made a low obeysance, and laying down the Seal, and his hat in the Chair, himself leaning on the backside of it, made a very elegant, and ingenious speech, in his own vindication, & Captare Benevolentiam, and delivered with an excellent grace, and gesture as well as words.

His beginning was thus.

Mr. Speaker,

I give you thanks for granting me admittance * 2.30 to your presence, I come not to preserve my self, and fortunes, but to preserve your good opinion of me; for I profess, I had rather beg my bread from door to door, with date obolum Bellisario, with your favour, than be never so high, and honoured, with your displea∣sure.

His Conclusion was, If I may not live to serve you, I desire, I may dye in your good opinion and fa∣vour.

Many were exceedingly taken with his Elo∣quence, and carriage, and it was a sad sight, to see a Person of his Greatness, parts, and favour, to ap∣pear in such a Posture, before such an Assembly, to plead for his life and fortunes.

Upon these following particulars, he was the same day voted a Traytor.

  • 1. For Refusing to read the Remonstrance against the Lord Treasurer Weston, 4 Car. when the Parlia∣ment * 2.31 desired it.
  • 2. For Solliciting, perswading, and threatning the Judges to deliver their opinions for the levying of Ship-money.
  • 3. For several illegal Actions in Forest matters.
  • 4. For ill Offices done, in making the King to dis∣solve the last Parliament, and causing his declaration thereupon to be put forth.

The next day, he was accused before the Lords, but he got up earlier, gave them the slip, and esca∣ped into Holland.

The House of Commons upon debate of the In∣conveniences, by the intermission of Parliaments, they appointed a Committee to bring in a Bill for a Triennial Parliament.

This Committee met often, and was much fre∣quented by all the Grandees of the House, then in most repute, after diverse, and great debates, and consultations, they agreed upon the frame of a Bill, as the same is extant. The King taking no∣tice thereof, and of the many Petitions from seve∣ral Counties, subscribed with multitudes of hands, * 2.32 and presented by great numbers of people, and all the Petitions mentioning the late exorbitances, and concluding for frequent Parliaments, and against the Hierarchy of the Bishops.

The King being informed thereof, and mistrust∣ing * 2.33 the Inclination of the Parliament, speaks to both Houses, Of their slow Proceedings, and the In∣conveniences thereby, in maintaining two Armies in the Kingdom at excessive charges, and of the weakness of his Navy and Forts.

He takes notice of the strange Petitions from Coun∣ties, against the established Government of the Church: tells them, He makes a difference between Reforma∣tion, and Alteration of Government; that he is for the first, but not for the latter.

He will not say but that the Bishops may have over∣stretched their power, and incroached upon the Tem∣poral: If they will reform the Abuse, he is with them; he will consent to take away some temporal authority, if they have any inconvenient to the State, and not ne∣cessary to the support of Episcopacy.

But he cannot consent to the taking away their Voice in Parliament, which they have so anciently enjoyed, even before the Conquest, and since; and which he con∣ceives, he is bound to maintain, as one of the fundamen∣tal Institutions of this Kingdom.

He wishes them to eschew another Rock, upon the Bill for frequent Parliaments, which he likes well, but to give power to Sheriffs, Constables, and he knows not whom, to doe his Office, that he cannot yield unto.

The King had reprieved one Goodman a Priest, who was condemned at the Old Baily: the Com∣mons desire the Lords concurrence; and both Houses Remonstrate to the King the danger there∣of in these times, and the increase of Popery, and boldness of Papists, in resorting to Mass in London; the King leaveth him to the Parliament.

The Treaty with the Scots Commissioners pro∣ceeded at London, and their Demands were in effect * 2.34 all yeilded unto. Upon their Seventh Demand, from the Justice and kindness of the Kingdom of Reparation for their Losses and Charges, a long Debate was in the House of Commons, about framing the Words of the Question, and the stating of it.

The Question stated, was to give them Three hun∣dred thousand pounds as a brotherly assistance towards their charges and losses.

The House commanded Mr. Speaker to write to the City of London, to advance Sixty thousand pounds upon Security out of the next Subsidies, which was done accordingly, and several other Sums were advanced by them upon Security of the House for supply of the King's Army, and provi∣ding for the Northern Counties.

The Dutch Ambassadour here made an Over∣ture of a Marriage between William the young Prince of Orange, and the King's eldest Daughter, the Princess Mary: to which the King was well in∣clined; but as his Condition then stood, he thought fit to acquaint the Parliament with it, which he did in a Speech to the House of Lords, and That he thought the Alliance with the Prince, and the Ʋnited Provinces would be of much Advantage to this King∣dom; and shewed his Reasons for it.

The Proposition was generally affected and im∣braced by all the People, and without fears or jea∣lousies upon our Liberties or Religion, and was soon concluded.

The House of Commons sent up a Message to the Lords, to acquaint them that the Commons were informed of a great Design of the Papists, an Army

Page 39

of Fifteen thousand in Lancashire, and Eight thou∣sand in Ireland, well Armed and in Pay, raised by the Earls of Strafford, and of Worcester; this gave occasion for many other Petitions: but nothing was made out of the Rumour thereof.

February 13, 1640. Sir Robert Berkley one of the Judges of the King's Bench, who gave his Opinion for Ship-money, was Impeached by the Commons of High Treason in the Lords House, and by their Command, Maxwell the Usher of the Black Rod came to the King's Bench when the Judges were sitting, took Judge Berkley from off the Bench, and carried him away to Prison, which struck a great * 2.35 terrour in the rest of his Brethren then sitting in Westminster-hall, and in all his Profession.

This Judge was a very learned man in our Laws, and a good Orator and Judge, moderate in his ways; except his desires of the Court-favour: He redeemed himself afterwards by supplying the Par∣liaments Occasions with Ten thousand pounds, and ended his days in a private Retirement. Yet not without considerable gains by his Chamber∣practice, and left a plentiful Fortune to his Fa∣mily.

The Committee for the Bill of the triennial Par∣liament, * 2.36 had taken a great deal of pains in the fra∣ming of it, and it being past both Houses, the King was not without some Difficulty (as it was report∣ed) perswaded to give the Royal Assent to it, which he did in his Speech to both Houses, setting sorth His Confidence thereby in them, and in their fu∣ture * 2.37 Proceedings, and the favour he now did to his Subjects.

The King then also passed the Bill of Subsidies, and both Houses, by the Lord Keeper Littleton, returned their humble thanks to his Majesty, and by their Order were Bonefires, and Bell-ringing, signs of Joy throughout the City.

Mr. Pym was sent from the House of Com∣mmons to the Lords, with the charge of High Trea∣son, against the Archbishop Laud, who was there∣upon committed to the Tower.

Articles of Particulars against Episcopal Go∣vernment were presented to the House of Com∣mons annexed to some Petitions; and being read in the House, were referred to a Committee.

The Lord▪ Digby spake smartly against them, and for Episcopacy, but not many others were very eager for them.

The Commons the tenth of March Voted.

That no Bishop shall have any Vote in Parliament, * 2.38 nor any Judicial power in the Star-chamber, nor bear any Authority in Temporal Matters; and that no Clergy-man shall be in Commission of the Peace.

The King of Spain was brought low by the De∣fection of Catalonia, Portugal, and part of the In∣dies, * 2.39 the loss of Arras, and his ill Successes in Italy, besides the approach of the Swedish War to the back of the Danube, but this year was very for∣tunate to the French.

The Spaniards ill Success was attributed to the ill management of Affairs by the Conde de Olivarez his Favourite, hated by the People as is usual. And the good Successes of the French were attribu∣ted to the prudence of their Cardinal Richlieu.

He Invites the Duke of Lorrain to Paris, where he was highly caressed, but apprehending their De∣signs, he comes to the discontented Princes of France, who had raised an Army at Sedan: And from thence, from the Count of Soissons, the Duke of Guise, and the rest, a Manifesto is published of their taking Arms for the Peace of Europe, and ex∣pulsion of him who fomented the publick Wars.

They make Alliance with the Emperour and Cardinal Infanta, and joyning Forces with General Lamboy, they come to Battel, where the Count de Soissons was slain, and their Forces overthrown, and Richlieu gets more advantage thereby against the House of Austria.

The close Committee for managing the business against the Earl of Strafford, sate very constantly, * 2.40 and took great pains in framing the Articles a∣gainst him, and preparing of Witnesses for proof of them; for some of which Witnesses there were Messengers sent into Ireland, to bring them hi∣ther.

All the Papers, Proofs, and Examinations, in this business, were committed to Whitelocke's care and charge, being Chairman to the Committee.

The Committee had often resort to the House of Commons, for their direction upon any Point of Difficulty, and they were appointed by the House to be the Managers of the Evidence against the Earl; and accordingly they divided the work among themselves.

January 30. Mr. Pym presented to the Lords the particular Articles of the Charge against the Earl of Strafford, being 28.

The Earl was immediately sent for to the Lords House, where he heard the Articles read, and they being two hundred sheets of paper, and some of the Treasons being of fourteen years standing, he de∣sired three Months time to make his Answer, which must also of necessity be very long, and being unto matters of so high concernment, especially to his own life and fortunes.

This time was opposed by the House of Com∣mons, and at length the Lords ordered his Answer to be brought in by the 24th of February next, which was done, though to the great labour of his Lord∣ship, and of Sir Richard Lane, and others of his Councel: and on that day it was read, in the Audience of the King, and in the House of Com∣mons the next day after.

Some Disputes arose between the two Houses, * 2.41 touching the Tryal.

1. Whether Councel should be allowed for the Earl? which the Commons opposed, as not allowable in case of high Treason, which the Lords said, was true as to pleading of Matter of Fact, but not in Mat∣ters of Law, which was at length yielded to.

2. Concerning the place of Tryal, the Lords desired it might be in their House: which the Commons op∣posed, because they intended to manage their Accusa∣tion by Members of their own House, in the presence of the whole House, for which the Lords House would be too little: whereupon Westminster-hall was agreed upon.

3. The Commons intended to come in the Body of their whole House, which the Lords not assenting to, they at last yielded to come, as a Committee of the whole House.

But there was a Proposal (the Subject of much * 2.42 Discourse) to prevent all this trouble, and to re∣store the Earl of Strafford to his former Favour and Honour: If the King would prefer some of the Grandees to Offices at Court, whereby Strafford's enemies should become his friends, and the King's desires be promoted.

It was that should be made Lord Treasurer, the Lord Say Master of the Wards, Mr. Pym Chancellor of the Exchequer, Mr. Hollis Secretary of State, Mr. Hampden Tutor to the Prince, others to have other places.

In order whereunto, the Bishop of London re∣signed up his Treasurers Staff, the Lord Cottington his place of Master of the Wards, and the rest were easily to be voided. But whether upon the King's alteration of his mind, or by what other means it came to pass, is uncertain: These things

Page 40

were not effected; and the great Men baffled there∣by, became the more incensed, and violent against the Earl, joyning with the Scots Commissionres, who were implacable against him.

The time and place of the Earls Tryal was ap∣pointed, * 2.43 Westminster-hall prepared for it; and ne∣ver was there, or any where else seen, a more so∣lemn and majestick Tribunal.

In the middle of the Theatre, below, on Forms covered with red cloth, sate the Lords in their Parliament Robes, their faces upwards, at the head of them, with his face towards them, sate in a Chair the Earl of Arundel, for that occasion made Lord High Steward of England; and at that Tryal, the Speaker of the Peers, the Earl of Lindsey, was made Lord high Constable of England for that time, and had the ordering of the place.

Scaffolds were erected on either side of the Hall, and at the lower end, on those Scaffolds, sate the Members of the House of Commons, un∣covered, as a Committee of the whole House, and many hundreds more of Gentlemen who could get places with them.

Beyond the Peers, towards the upper end, was placed a Chair and Cloth of State for the King, raised on a Foot-pace, on either side whereof was a close Gallery for the King, Queen, and Prince to be private.

At the lower end of the State, on a Scaffold, did usually sit Ladies of Quality; on the right hand at the lower end, even with the Lords, was a place with partitions, for the Committee of Parliament, and a Door backwards out of it to a place, for a withdrawing Room for them to retire to, and con∣sult, as there was offered occasion.

On the other side of the place for the Committee, and adjoyning to it was a place made for the Earl of Strafford, with a Seat and Room for the Lieute∣nant of the Tower to be next to him; and places for the Earl's Secretaries, and for his Councel to be near him.

The Bishops were excluded by the Canons of the Church, to be assistant in cases of blood or death; and therefore they absented themselves from this Tryal.

Monday 22. March, 1640. was the first day of the Earl's appearing on this Theatre, the King, Queen, and Prince, and divers foreign Lords, and many Ladies with them attending there; the Lords in their Robes, on their Seats, and the Scaffolds full of the Members of the House of Commons, and many others mixed with them.

The Earl was brought to the Bar by the Lieute∣nant of the Tower, his habit black, wearing his George in a Gold Chain, his Countenance manly black, his Person proper, but a little stooping with his Distemper, or habit of his body, his beha∣viour exceeding graceful, and his speech full of weight, reason, and pleasingness.

The Lord high Steward declared to him, That he was called thither to answer to the Impeachment of high Treason, preferred against him by the Commons of England and Ireland: Then his Accusation was read, and next his Answer to it, in which most part of that day being spent, the Court arose.

The next day Mr. Pym made an Introduction, very rhetorical and smart, to the Articles; and the first seven of them were managed as to the evi∣dence, by Mr Glynne, and the proof was, to his sub∣verting the fundamental Laws of England and Ire∣land.

Then a sealed Paper was produced, which be∣ing opened and read, appeared to be sent from the Parliament of Ireland, declaring, that the Commons there had Voted the Earl guilty of high Treason.

At this the Earl being much transported, said, There was a Conspiracy against him, to take away his life.

The Committee of the House of Commons took hold of those words, and required Justice from the Lords against the Earl, who standing Impeached of high Treason, accused the Parliaments of two King∣doms of a Conspiracy against him.

Hereupon the Earl falling upon his knees, hum∣bly craved pardon for the Inconsiderateness of the ex∣pression, protesting seriously, that he did not thereby intend either Parliament, but some particular persons; and so that Matter was past over.

Then the Committee offered to the Lords three new Articles to be annexed to the Charge, and de∣sired that the Earl might presently give his Answer to them: To which the Earl replyed, That the Process being closed, he hoped he should not be ordered to an∣swer any adventitious and unexpected Charge, without more convenient time assigned. But the Lords finding the Articles to be of no great Importance, he was urged to a present Answer, which he then made to them.

March the 24th, the Committee proceeded upon the Articles of the Charge, and after Glynne had ended his part, Maynard proceeded upon the fol∣lowing Articles, and after him Mr. Palmer mana∣ged the ensuing Articles, as to the aggravation of them, and inforcing the Evidence upon them, and his part extended to the seven last Articles, upon the which Whitelocke was appointed to manage the Evidence.

Notes

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