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CORNELL UNIVERSITY LIBRARY 
 
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Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
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 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924086371667 
 
'' I NV E N I RE." 
 
 nf ling €\i\\n 5. 
 
 RELATED BY ONE OF HIS JUDGES. 
 
 BEING EXTRACTS FROM THE MEMOIRS OF 
 
 EDMUND ^UDLOW, THE REGICIDE, 
 
 WITH 
 
 @ Coffection of &x\(x^moX (papetrer 
 
 RELATING TO THE TRIAL OF THE KING. 
 
 You, Books, are l/i> goliien vessels of the Temple; bm-ning lai}its to be ever 
 held in the hand" 
 
 Richard Aungervyi.e. 
 
 PRIVATELY PRINTED FOR THE AUNGERVYLE SOCIETY, 
 EDINBURGH. 
 
 1882, 
 
1\ ^u 
 
 0^ 
 
 V 
 
 k 
 
 Impression limited to ijo, of which this is N0../.M.- 
 
3ntto^uciion. 
 
 |HE Imprisonment, Trial, and Death of Charles 1, 
 have, for nearly two centuries and a half, had an 
 irresistible attraction for readers of all ranks and 
 of all ages. The narratives that have been pub- 
 lished are innumerable, but nearly all have been mere 
 reproductions of the writings of Royalist Historians, such as 
 Clarendon. It will no doubt be a novelty to many to see 
 events as they appeared to one of the Regicides, and especially 
 to one who outlived the fever passion of the Revolution, and 
 who wrote his recollections of those stirring times many years 
 afterwards in the calm security of his Swiss home. 
 
 Edmund Ludlow, the author of the memoirs from which 
 
 the following pages are extracted, was born at Maiden 
 
 Bradley, in Wilts, in 1620, and was educated at Trinity 
 
 College, Oxford, He became an officer of the Parliamentary 
 
 Army, and fought bravely at Edgehill and Newbury. In 
 
 1645 he succeeded his father as member for Wiltshire, and 
 
 warmly espoused the popular cause. His connection with the 
 
 Trial of the King is clearly stated in the following pages. He 
 
 distinguished himself in Ireland as general of the horse under 
 
 Ireton, but having opposed the nomination of Cromwell as 
 
 Protector, he found it prudent to retire from public affairs. 
 
 On the death of Oliver Cromwell, he rejoined the army and 
 
 183 
 
JtttroUttCtton. 
 
 was mainly instrumental in recalling the Long Parliament ; 
 but, foreseeing the Restoration, he left England and took 
 refuge in Switzerland. After the Revolution of 1688 he ven- 
 tured back to London, but the House of Commons having 
 presented an address for his arrest, he retired again to Vevey 
 on the lake of Geneva, where he died in 1693, at the age of 72. 
 He was probably one of the most honest of the leaders of the 
 Republican party, and his Memoirs bear the impress of truth 
 at every page. 
 
 I need only add that the edition of Ludlow's Memoirs I 
 have made use of is the third, printed in Edinburgh by Sands 
 in 1751. 
 
 The almost unknown pleading that the Republicans 
 intended to deliver at the Bar on the Trial of the King, had 
 such a step been deemed necessary, and which forms one of 
 the original papers appended to this Reprint, is a most curious 
 and interesting document to all students of English History. 
 It may be advisable to add that all the documents in the 
 appendix are absolutely unabridged. 
 
 J. T. H. 
 
 ^^.^;ft:^^- 
 
 184 
 
^§e '^mptiBOYimtnt (xr(b ©eai^ 
 
 OF 
 
 RELATED BY ONE OF HIS JUDGES. 
 
 HARLES I. left Oxford April 27th, 1646, and, accompanied 
 by " one Hudson, and Mr Ashburnham, passing as a 
 servant to the latter," took refuge with the Scots army. 
 The house of Commons sent an order to their com- 
 missioners in this army, to demand the person of the King ; 
 judging it unreasonable, that the Scots army being in their pay, 
 should assume the authority to dispose of the King otherwise than 
 by their order ; resolving turther, that the King should be conducted 
 to the castle of Warwick, and that those who came out of Oxford 
 with him, should be brought to London. The next day they com- 
 manded their army to advance, in order to hinder the conjunction of 
 the King's forces with the Scots. The King, soon after his arrival at 
 the Scots quarters, gave orders for the delivery of Newark into their 
 hands ; which having received, they surrendered to the English, and 
 marched with the King to Newcastle : whereof the house of Commons 
 being informed, and that the Earl of Leven, General of the Scots 
 army, had, by proclamation, forbidden his forces to have any com- 
 munication with the King's party, they desisted from their resolution 
 of advancing their army, and of conducting the King to Warwick; 
 ordering the Scots to keep him for the parliament of England. Mr 
 Ashburnham was permitted by the Scots to make his escape : but 
 
 185 
 
^tittsffb^le Soct>t2 l^tpvim^. 
 
 Mr Hudson was brought to London ; and, upon examination at the 
 bar of the house of Commons, confessed some things about the King's 
 journey from Oxford. Commissioners being appointed by the 
 parliament to be sent down to the Scots army in this conjuncture, 
 they made choice of two Lords, of whom the Earl of Pembroke was 
 one, and four of the Commons. In which number Col. Brown the 
 woodmonger being nominated to that employment, he turned about 
 to me, who sat behind him in the house, assuring me that he would 
 be ever true to us. And truly I then believed him, having met him 
 at the beginning of the war in Smithfield buying horses for the 
 service of the parliament ; where he spoke very affectionately con- 
 cerning their undertaking, and served them afterwards very successfully, 
 especially at Abingdon, as I mentioned before. But this wretched 
 man soon discovered the corruption of his nature, and malignity that 
 lay concealed in his heart : for no sooner had the King found out 
 his ambitious temper, and cast some slight favours upon him, giving 
 him a pair of silk stockings with his own hand, but his low and abject 
 original and education became so prevalent in him, as to transform 
 him into an agent and spy for the King ; proving, as will be hereafter 
 related, one of the bloodiest butchers of the parliament's friends. 
 
 The Scots, having the King in their power, pressed him to write to 
 the Earl of Ormond his Lieutenant in Ireland, and to the governors 
 and commanders of places that remained in arms for him, to lay 
 down their arms, and to deliver the said places to such as the 
 parliament of England should appoint to receive them ; acquainting 
 him, that otherwise they could not protect him. Submitting to this 
 necessity, he sent orders to that effect ; which some obeyed, and 
 others refused to comply with, looking upon him to be under force. 
 Amongst those who yielded obedience to the King's orders, was 
 Montrose, who disbanded the forces he had left, and went beyond 
 sea. The city of Oxford, having been blocked up for some time, 
 began to capitulate, lest their farther obstinacy should prove pre- 
 judicial to them, particularly in the matter of compositions for their 
 estates, the most considerable of the King's party being there. Com- 
 missioners were appointed on both sides to treat ; and came to an 
 agreement on the 2 2d of June 1646, upon such terms as the 
 parliament were unwilling to confirm. But whilst they were in 
 
 186 
 
Sinjit-tiSonmmt anH SBrath of iitng CiiarltjS S. 
 
 debate concerning the articles, they understood that Prince Rupert, 
 and others of the King's party, were marched out of the town in 
 pursuance of them ; and that the garrison would be entirely evacuated 
 before they could signify their pleasure to the army. Wherefore, 
 though they did not approve the conditions, yet they thought not fit 
 to do any thing in order to break them. The principal reason given 
 by the army of their proceeding so hastily to a conclusion of the 
 treaty, was, lest the King should make terms with the Scots, and 
 bring their army to the relief of Oxford. Farringdon-house, Walling- 
 ford castle, and Woodstock, were surrendered to the parliament ; 
 Worcester and Litchfield soon after, as also Pendennis and Ragland 
 castle. 
 
 The Scots, by their commissioners, pressed the parliament to send 
 propositions of peace to the King : wherein they were seconded by 
 an insolent address from the Mayor and common council of the city 
 of London ; in which, after some acknowledgements of the care and 
 courage of the parliament in the reformation of the church, and 
 preservation of the laws, they desired of them, that such assemblies 
 as were privately held to introduce new sects might be suppressed, 
 lest they should breed disturbances in church and state ; that they 
 would hasten the establishment of peace in the three kingdoms ; that 
 they would consider the great services of the Scots, and dismiss those 
 who were distinguished by the name of Independe7its from all employ- 
 ments civil and military, esteeming them to be firebrands that might 
 endanger the public peace ; with other particulars of the same nature. 
 The answer of the parliament to the said address was not much to 
 the satisfaction of the petitioners, being a positive declaration that 
 they resolved to preserve their authority entire to themselves. 
 
 The city of London had made it their request in the petition be- 
 fore mentioned, that some commissioners from them might accom- 
 pany those from the parliament to the King ; but their own party in 
 the house, fearing perhaps to be outbid by them, or, it may be, not 
 having quite lost all sense of honour, rejected that motion with 
 contempt ; alledging, that they had their representatives in parlia- 
 ment, and were concluded by what they acted,, as well as other men. 
 Upon which Mr Martin said. That though he could not but agree 
 
 187 
 
auttflerbjilt Jboct>t2 i^tprtnts. 
 
 with what had been affirmed touching their being involved in what 
 their representatives did, and their not sending commissioners as 
 desired ; yet, as to the substance of what they proposed, he could 
 not so much blame them as others had done ; they therein shewing 
 themselves in the end of the war no less prudent, than they had 
 expressed themselves honest in the beginning. For as, when the 
 parliament invited them to stand by them in the war against the 
 King, in defence of their religion, lives, liberties, and estates, they 
 did it heartily ; and therein shewed themselves good Christians, and 
 true Englishmen : so now, the war being ended, and the parliament 
 upon making terms with the King, and thinking fit to sue to him, 
 now their prisoner, for peace, whom they had all incensed by their 
 resistance ; the citizens, having considerable estates to lose, shewed 
 themselves prudent men, in endeavouring to procure their pardons 
 as well as others. And though, said he, you will not permit them to 
 send as they desire, they have expressed their good will ; which, 
 without doubt, will be well accepted. The commissioners of parlia- 
 ment, joining with those who were before with the King, endeavoured 
 to persuade him to agree to the propositions of the parliament ; but 
 he disliking several things in them, and most of all the abolition of 
 Episcopacy, to which interest he continued obstinately stedfast, 
 refused his consent ; upon private encouragement from some of the 
 Scots and English to expect more easy terms, or to be received with- 
 out any at all. The parliament,, willing to bring this matter to 
 a conclusion, sent the same propositions a second time to the King, 
 and desired the Scots to use their utmost endeavours to procure his 
 consent to them. The Scots commissioners, especially the Lord 
 Loudon, pressed the King very earnestly to comply with them; 
 telling him, that though the propositions were higher in some parti- 
 culars than they could have wished, notwithstanding their endeavours 
 to bring them as low as they could, according to their promises ; yet 
 if he continued to reject them, he must not expect to be received in 
 Scotland, whither they must return ; and, upon his refusal of the 
 conditions offered, deliver him up to the parliament of England. 
 But whatsoever they or the English could say, making no impression 
 upon the King, the parUament's commissioners returned with a nega- 
 tive from him. 
 i88 
 
iiwjprtisonmtttt anU Sieatii of itms Chatltsi $. 
 
 The interposition of the Scots in this affair proving ineffectual, the 
 war being at an end, and such considerable forces altogether unne- 
 cessary, the parliament appointed commissioners to confer with those 
 of Scotland concerning such things as remained to be performed by 
 the treasury between them ; that the fraternal union might continue 
 and the Scots depart towards their own country. In order to which, 
 the accounts of their army were adjusted, and a great sum of money 
 agreed to be paid to them at the present, and other sums upon cer- 
 tain days, to their full satisfaction. Maj.-Gen. Skippon, with a 
 considerable body of men, carried down the money in specie for the 
 payment of the Scots army ; which being received by them, they 
 delivered the King into the hands of the parliament's commissioners 
 that attended him there, and began their march for Scotland, having 
 delivered Newcastle to the English, and drawn their men out of 
 Berwick and Carlisle ; which two places were agreed not to be 
 garrisoned without the consent of both kingdoms. 
 
 Whilst the King was at Newcastle, the President de Bellievre came 
 over into England in the quality of an Ambassador from the French 
 King, with orders to endeavour a reconciliation between the King 
 and the parliament. He had a favourable audience from the two 
 houses, and their permission to apply himself to the King. But being 
 on his way towards him, upon farther debate, they judged it not fit 
 to subject that affair to the cognisance of any foreign prince, resolving 
 to determine it themselves without the interposition of any ; having 
 experienced, that most of the neighbouring states, especially the 
 monarchical, were at the bottom their enemies, and their ambassadors 
 and residents so many spies upon them ; as appeared more particu- 
 larly by letters taken in the King's cabinet after the battle of Naseby ; 
 which discovered, that the Emperor's resident in London held a 
 private correspondence with the King; and there was ground to 
 believe, that the Ambassador of Portugal did the like, from letters 
 therein found from that King. These applications to the King, 
 together with the permission granted by the parliament to the Turkey 
 Company, to address themselves to him for the commissionating of 
 one whom they had nominated to be their agent with the Grand 
 Signior, under pretence that he would not otherwise be received; 
 to which may be added, the frequent overtures of psace made 
 
 189 
 
10 ^unstvb^lt Soctets l^^jirtnts. 
 
 by the parliament to the King, though he had not a sword left 
 wherewith to oppose them ; and the great expectations of the people 
 of his return to the parliament, being informed, that the heads of the 
 Presbyterian party had proniised the Scots, upon the delivery of the 
 King, that as soon as they had disbanded the army, they would bring 
 him to London in honour and safety : these things, I say, made the 
 people ready to conclude, that though his designs had been wonder- 
 fully defeated, his armies beaten out of the field, and himself deliver- 
 ed into the hands of the parliament, against whom he had made a long 
 and bloody war ; yet certainly he must be in the right : and that 
 though he was guilty of the blood of many thousands, yet was still 
 unaccountable, in a condition to give pardon, and not in need of 
 receiving any : which made them flock from all pares to see him as he 
 was brought from Newcastle to Holmby, falling down before hira, 
 bringing their sick to be touched by him, and courting him as only 
 able td restore to them their peace and settlement. 
 
 The party in the house that were betraying the cause of their 
 country, became encouragers of such petitioners as came to theui 
 from the city of London, and other places, to that effect ; very many 
 of whom had been always for the King's interest ; but their estates 
 lying in the parliament's quarters, they secured them by their presence 
 in the house, and at the same time promoted his designs by their 
 votes. There was another sort of men, who were contented to 
 sacrifice all civil liberties to the ambition of the Presbyterian clergy, 
 and to vest them with a power as great or greater than that which 
 had been declared intolerable in the Bishops before. To this end, 
 they encouraged the reduced officers of the Earl of Essex, such as 
 Massey, Waller, Poyntz, and others, to press the Parliament for their 
 arrears in a peremptory and seditious manner, that, being furnished 
 with money, they might be enabled to stand by these their 
 jiatrons in whotsoever design they had to carry on. And the better 
 to facilitate the disbanding of the army, which they so much desired, 
 they resolved to draw off a considerable part of them for the service 
 of Ireland ; and to render the work more acceptable, voted Maj.- 
 Gen. Skippon to command them ; joining the Earl of Warwick and 
 Sir William Waller in commission with Sir Thomas Fairfax, to draw 
 out such forces as were willing to go, to continue such as should be 
 
 190 
 
Impriisomncttt aitti Bratii of ftins CHatlrss fi, 1 1 
 
 thought necessary for the security of this nation, and to disband the 
 rest. The army being well informed of the design, began to consult 
 how to prevent it. And though many of the officers were prevailed 
 with to engage, by advancements to higher commands, yet the major 
 part absolutely refused. The commissioners of the parliament hav- 
 ing done what they could in prosecution of their instructions, ordered 
 those who had engaged in the Irish service, to draw off from the 
 army, which then lay at Saffron Walden, and about Newmarket, and 
 to be quartered in the way to Ireland : which done, they returned to 
 London, with an account of their proceedings. 
 
 The parliament being informed of what passed, were highly dis- 
 pleased with the carriage of the army. But the prudence and modera- 
 tion of Maj.-Gen. Skippon, in his report of that matter to the house, 
 much abated the heat of their resentment. Yet some menacing 
 expressions faUing from some of them, Lt.-Gen. Cromwel took the 
 occasion to whisper me in the ear, saying, " These men will never 
 " leave till the army pull them out by the ears." Which expression 
 I should have resented, if the state of our affairs would have per- 
 mitted. In this conjuncture, five regiments of horse chose their 
 agitators ; who agreed upon a petition to the parliament, to desire of 
 them to proceed to settle the affairs of the kingdom, to provide for 
 the arrears of the army, and to declare that they would not disband 
 any of them till these things were done; deputing William Allen, 
 afterwards known by the addition of Adjutant-General, Edward 
 Sexby, afterwards Col. Sexby, and one Philips, to present it ; which 
 they did accordingly at the bar of the house of Commons. After 
 the reading of the petition, some of the members moved, that the 
 messengers might be committed to the Tower, and the petition 
 declared seditious. But the house, after a long debate, satisfied 
 themselves to declare, That it did net belong to the soldiery to 
 meddle with civil affairs, nor to prepare or present any petition to 
 the parliament without the advice and consent of their General ; to 
 whom they ordered a letter to be sent, to desire for the future his 
 care therein : with which acquainting the three agents, and requiring 
 their conformity thereunto, they dismissed them. But this not 
 satisfying, another petition was carried on throughout the army, much 
 to the same effect ; only they observed the order of the parliament, 
 
 191 
 
12 munQtvb^lt Socifta ^tpvintff* 
 
 in directing it to their General, desiring him to present it. The 
 house having notice of this combination against them from Col 
 Edward Harley, one of their members, who had a regiment in the 
 army, expressed themselves highly dissatisfied therewith ; and some 
 of them moved, that the petitioners might be declared traitors ; 
 alledging, that they were servants, who ought to obey, not capitulate. 
 Others were not wanting, who resolved the securing of Lt-Gen. 
 Cromwel, suspecting that he had under-hand given countenance 
 to this design. But he being advertised of it, went that afternoon 
 towards the army ; so that they missed of him, and were not willing 
 to shew their teeth, since they could do no more. The debate con- 
 tinued till late in the night : and the sense of the house was, that 
 they should be required to forbear the prosecution of the said petition. 
 But when the house, wearied with the long sitting, was grown thin, 
 Mr. Denzil Hollis, taking that opportunity, drew up a resolution upon 
 his knee, declaring the petition to be seditious, and those traitors 
 who should endeavour to promote it after such a day ; and promising 
 pardon to all that were concerned therein, if they should desist by 
 the time limited. Some of us, fearing the consequence of these 
 divisions, expressed our dissatisfaction to it, and went out ; which 
 gave them occasion to pass two or three very sharp votes against the 
 proceedings of the army. The agitators of the array sensible of their 
 condition, and knowing that they must fall under the mercy of the 
 parliament, unless they could secure themselves from their power by 
 prosecuting what they had begun ; and fearing that those who had 
 shewed themselves so forward to close with the King, out of principle, 
 upon any terms, would now, for their own preservation, receive him 
 without any, or rather put themselves under his protection, that they 
 might the better subdue the army, and reduce them to obedience by 
 force ; sent a party of horse, under the command of Cornet Joyce, 
 on the 4th of June 1647, with an order in writing, to take the King 
 out the hands of the commissioners of parliament. The Cornet, 
 having placed guards about Holmby-house, sent to acquaint the 
 King with the occasion of his coming ; and was admitted into his bed- 
 chamber; where, upon promise that the King should be used civilly, 
 and have his servants and other conveniences continued to him, he 
 obtained his consent to go with him. But whilst Cornet Joyce was 
 192 
 
Smprt'siottment aitU IBeatii of Ittttg Ciiarlrjs I. 13 
 
 giving orders concerning the King's removal, the parliament's com- 
 missioners tcok that occasion to discourse with the King, and per- 
 suaded him to alter his resolution. Which Joyce perceiving at his 
 return, put the King in mind of his promise ; acquainting him, that 
 he was obliged to execute his orders. Whereupon the King told 
 him, that since he had passed his word, he would go with him ; and 
 to that end descended the stairs to take horse. The commissioners 
 of the parliament being with him. Col. Brown and Mr. Crew, who 
 were two of them, publicly declared that the King was forced out 
 of their hands ; and so returned, with an account of what had been 
 done, to the parliament. 
 
 The King's officers who waited on him, were continued ; and the 
 chief officers of the army began publicly to own the design, pretend- 
 ing thereby to keep the private soldiers (for they would no longer 
 be called common soldiers) from running into greater extravagancies 
 and disorders. Col. Francis Russel and others, attending on the 
 King, became soon converted by the splendor of his Majesty; and Sir 
 Robert Pye, a Colonel in the army, supplied the place of an Equerry, 
 riding bare before him when he rode abroad : so that the King 
 began to promise to himself, that his condition was altered for the 
 better, and to look upon the Independent interest as more consisting 
 with Episcopacy than the Presbyterian ; for that it could subsist 
 under any form, which the other could not do ; and therefore largely 
 promised liberty to the Independent party; being fully persuaded 
 how naturally his power would revive upon his restitution to the 
 throne, and how easy it would be for him to break through all such 
 promises and engagements, upon pretence that he was under a force. 
 The principal officers of the army made it so much their business to 
 get the good opinion of the King, that Whalley being sent from them 
 with orders to use all means but constraint to cause him to return to 
 Holmby, and the King refusing, Whalley was contented to bring him 
 to the army. Yet, in the mean time, a charge of high treason was 
 drawn up by the army against eleven members of the house of Com- 
 mons, who were, Mr Denzil Hollis, Sir Philip Stapylton, Sir John 
 Clotworthy, Serjeant Glynn, Mr Anthony Nichols, Mr Walter Long, 
 Sir William Lewis, |Col. Edward Harley, Commissary Copley, Col. 
 Massey, and Sir John Maynard, for betraying the cause of the parlia- 
 
 193 
 
14 atttigerbslp Jboct>ts Utpvintsi, 
 
 ment, endeavouring to break and destroy the army, with other par- 
 ticulars. This charge they accompanied with a declaration, shewing 
 the reasons of what they had done ; afifirming, that they were obliged 
 by their duty to do so, as they tendered the preservation of the public 
 cause, and securing the good people of England from being a prey to 
 their enemies. The great end of this charge of treason being rather 
 to keep these members from using their power with the parliament 
 in opposition to the proceedings of the army, than from any design 
 to proceed capitally against them, they resolved rather to withdraw 
 themselves voluntarily, than to put the parliament or army to any 
 farther trouble, or their persons to any more hazard. By these means 
 the army, in which there were too many who had no other design 
 but the advancement of themselves, having made the parliament, the 
 Scots, and the city of London, their enemies, thought it convenient 
 to enlarge their concessions to the King ; giving his chaplains leave 
 to come to him, and to officiate in their way, which had been denied 
 before. Whilst this design was on foot, I went down to their quarters 
 at Maidenhead, to visit the officers ; where Commissary-General 
 Ireton, suspecting that these things might occasion jealousies of them 
 in me and others of their friends in parliament, desired me to be 
 assured of their stedfast adherence to the public interest, and that 
 they intended only to dispense with such things as were not material, 
 in order to quiet the restless spirits of the cavaliers, till they could 
 put themselves into a condition of serving the people effectually. I 
 could not approve of their practices ; but many of the chief of them 
 proceeding in the way they had begun, gave out, " that the intentions 
 " of the officers and soldiers in the army, were to establish his Majesty 
 " in his just rights." The news of this being brought to the Queen 
 and Prince of Wales, who were in France, they dispatched Sir 
 Edward Ford, brother-in-law to Commissary-General Ireton, into 
 England, to sound the designs of the army, and to promote an 
 agreement between the King and them. Soon after which Mr. 
 John Denham was sent over on the like errand. Sir John Berkeley 
 also, upon his return to the Queen from Holland, where he had been 
 ordered to condole the death of the Prince of Orange, came into 
 England by the same order, and to the same purpose. It was in his 
 instructions, to endeavour to procure a pass for Mr. John Ashburn- 
 
 ham, to come over and assist him in his negotiation : which with 
 194 
 
Jmprtisonment antr Btath of WiinQ ffiftarlriS 5. i s 
 
 many other particulars relating to this business, I have seen in a 
 manuscript written by Sir John Berkeley himself, and left in the 
 hands of a merchant at Geneva. Being at Dieppe, in order to imbark 
 for England, he met with Mr. William Legge, who was of the bed- 
 chamber to the King; and they two came over together into England. 
 They landed at Hastings ; and, being on their way towards London, 
 were met by Sir Allen Appesley, who had been Lieutenant-Governor 
 to Sir John Berkeley at Exeter ; by whom he understood, that he 
 was sent to him from Cromwel, and some other officers of the army, 
 with letters and a cypher ; and also particular instructions, to desire 
 Sir John Berkeley to remember his own discourse at a conference 
 with Col. Lambert, and other officers, upon the surrender of Exeter : 
 wherein he had taken notice of the bitter invectives of those of the 
 array against the King's person ; and, presuming that such discourses 
 were encouraged in order to prepare mens minds to receive an altera- 
 tion of the government, had said, that it was not only a most wicked, 
 but difficult undertaking, if not impossible, for a few men, not of the 
 greatest quality, to introduce a popular government, against the King, 
 the Presbyterians, the Nobility, Gentry, and the genius of the nation, 
 accustomed for so many ages to a monarchical government : advising, 
 that, since the Presbyterians, who had begun the war upon divers 
 specious pretences, were discovered to have sought their own advan- 
 tages, by which means they had lost almost all their power and credit ; 
 the Independent party, who had no particular obligations to the 
 crown, as many of the Presbyterians had, would make good what the 
 Presbytery had only pretended to, and restore the King and people 
 to their just and ancient rights ; to which they were obliged both by 
 prudence and interest, there being no means under heaven more 
 likely to establish themselves, and to obtain as much trust and power 
 as subjects are capable of: whereas, if they aimed at more, it would 
 be accompanied with a general hatred, and their own destruction. 
 He had orders also to let him know, that though to this discourse of 
 his they then gave only the hearing ; yet they had since found by ex- 
 perience, that all, or the most part of it, was reasonable ; and that 
 they were resolved to act accordingly, as might be perceived by what 
 had already passed ; desiring, that he would present them humbly to 
 the Queen and Prince, and be a suitor to them in their names ; not 
 
 195 
 
1 6 ^unQtrb^lt Jboctetg Mtpvint^, 
 
 to condemn them absolutely, but to suspend their opinions of them, 
 and their intentions, till their future behaviour had made full proof 
 of their innocence, whereof they had already given some testimonies 
 to the world : and that, when he had done this office, he would re- 
 turn to England, and be an eye-witness of their proceedings. Thus 
 did the army-party endeavour to fortify their interest against the 
 Presbyterians ; who, though they were very much weakened by 
 the absence of the eleven members, yet, not to be alto- 
 gether wanting to themselves, passed a vote, that the King 
 should be brought to Richmond ; whither he was inclined 
 to go, having conceived a distrust of the army, grounded chiefly 
 upon the refusal of the officers to receive any honours or advant- 
 ages from him ; and would not be dissuaded from this resolution, 
 till the army had obliged the parliament to recal their vote. After 
 which he insisted upon going to Windsor, much against the sense of 
 the army ; and could not be prevailed with to pass by the army in 
 his way thither. This caused them to suspect, that he hearkened 
 to some secret propositions from the Presbyterians, and designed 
 to make an absolute breach between the parliament and the army ; 
 which Commissary-General Ireton discerning, said these words to 
 him : " Sir, You have an intention to be arbitrator between the parlia- 
 " ment and us, and we mean to be so between you and the parlia- 
 " ment." But the King, finding himself courted on all hands, became 
 so-confident of his own interest, as to think himself able to turn the 
 scale to what side soever he pleased. In this temper Sir John Berke- 
 ley found him, when he delivered the Queen's letters to him ; which he 
 did, after leave obtained from Cromwel, and a confirmation received 
 from his own mouth of what had been communicated before to him 
 by Sir Allen Appesley ; with this addition, that he thought no man 
 could enjoy his life and estate quietly, unless the King had his rights; 
 which he said they had already declared to the world in general 
 terms, and would more particularly very speedily ; wherein they would 
 comprise the several interests of the Royahsts, Presbyterians, and 
 Independents, as far as they were consistent with one another. Sir 
 John Berkeley endeavoured to persuade the King, that it was neces- 
 sary for him, who was now in the power of the army to dissemble with 
 
 them ; and proposed, that Mr. Peters might preach before him • that 
 196 ' 
 
imjjftsottmrnt antr ^t&th of itmg Charlfsi i. 17 
 
 he would converse freely with others of the army, and gain the good 
 opinion of the agitators, whose interest he perceived to be very great 
 amongst them. But this advice made no impression upon the King. 
 He gave him also a relation of what had formerly passed between him- 
 self and Cromwel, whom he met near Causum, when the head quarters 
 were at Reading ; where Cromwel told him, that he had lately seen 
 the tenderest sight that ever his eyes beheld, which was, the interview 
 between the King and his children ; that he wept plentifully at the 
 remembrance thereof, saying, that never man was so abused as he in 
 his sinister opinion of the King, who, he thought, was the most 
 upright and conscientious of his kingdom ; that they of the Inde- 
 pendent party had infinite obligations to him, for not consenting 
 to the propositions sent to him at Newcastle, which would have 
 totally ruined them, and which his Majesty's interest seemed 
 to invite him to ; concluding with this wish, " That God would 
 " be pleased to look upon him according to the sincerity of his 
 " heart towards the King." With this relation the King was no 
 more moved than with the rest, firmly believing such expressions to 
 proceed from a necessity that Cromwel and the army had of him ; 
 without whom, he said, they could do nothing. And indeed the 
 King was not without reason of that opinion : for some of the prin- 
 cipal agitators, with whom Sir John Berkeley conversed at Reading, 
 expressing to him their jealousy that Cromwel was not sincere for the 
 King, desired of him, that, if he found him false, to acquaint them 
 with it ; promising that they would endeavour to set him right, either 
 with or against his will. Maj. Huntington, a creature of Cromwel, 
 and therefore entrusted by him to command the guard about the 
 King, either believing him to be in earnest in his pretensions to serve 
 the King, or else finding the King's affairs in a rising condition, 
 became one of his confidents ; and, by order of the King, brought 
 two general officers to Sir John Berkeley, recommending them to him 
 as persons upon whom he might rely. These two had frequent con- 
 ferences with Sir John Berkeley; and assured him, that a conjunction 
 with the King was universally desired by the officers and agitators ; 
 and that Cromwel and Ireton were great dissemblers, if they were not 
 real in it : but that the army was so bent upon it at present, that 
 they durst not shew themselves otherwise ; protesting, that, however 
 
 197 
 
^unserfaalf aortttfi Mrprtnts. 
 
 things might happen to change, and whatsoever others might do, they 
 would for ever continue faithful to the King. They acquainted him 
 also, that proposals were drawn up by Ireton ; wherein Episcopacy 
 was not required to be abolished, nor any of the King's party wholly 
 ruined, nor the militia to be taken away from the crown ; advising, 
 that the King would with all expedition agree to them, there being 
 no assurance of the army, which they had- observed already to have 
 changed more than once. To this end they brought him to Com- 
 missary-General Ireton ; with whom he continued all night debating 
 upon the proposals before mentioned, altering two of the articles, as 
 he saith himself in the manuscript, in the most material points : but, 
 upon his endeavouring to alter a third, touching the exclusion of 
 seven persons, not mentioned in the papers, from pardon, and the 
 admission of the King's party to sit in the next parliament, Ireton 
 told him, that there must be a distinction made between the 
 conquerors and those that had been beaten ; and that he himself 
 should be afraid of a parliament where the King's party had the 
 major vote : in conclusion, conjuring Sir John Berkeley, as he ten- 
 dered the King's welfare, to endeavour to procure his consent to the 
 proposals, that they might with more confidence be offered to the 
 parliament, and all differences accommodated. Cromwel appeared, 
 in all his conferences with Sir John Berkeley, most zealous for a 
 speedy agreement with the King, insomuch that he sometimes com- 
 plained of his son Ireton's slowness in perfecting the proposals, and 
 his unwillingness to come up to his Majesty's sense : at other times 
 he would wish, that Sir John Berkeley would act more frankly, and 
 not tie himself up by narrow principles ; always affirming, that 
 he doubted the army would not persist in their good intentions 
 towards the King. 
 
 During these transactions, the army marched from about Reading 
 to Bedford, and the King with his usual guard to Woburn, a house 
 belonging to the Earl of Bedford ; where the proposals of the army 
 were brought to him to peruse, before they were offered to him in pub- 
 lic. He was much displeased with them in general, saying. That, if 
 they had any intention to come to an accommodation, they would not 
 impose such conditions on him. To which Sir John Berkeley, who 
 brought them to him, answered, That he should rather suspect they 
 
 198 
 
Ihttpnsionment anu 3ieatU of Ht'tts ffiftarlPis If. 19 
 
 designed to abuse him, if they had demanded less ; there being 
 no appearance, that men, who had through so many dangers and 
 difficulties acquired such advantages, would content themselves with 
 less than was contained in the said proposals ; and that a crown so 
 near lost was never recovered so easily as this would be, if things 
 were adjusted upon these terms. But the King, being of another 
 opinion, replied, That they could not subsist without him ; and that 
 therefore he did not doubt to find them shortly willing to condescend 
 farther; making his chief objections against the three following points. 
 I. The exclusion of seven persons from pardon. 2. The incapacitat- 
 ing any of his party from being elected members of the next ensuing 
 parliament. 3. That there was nothing mentioned concerning church 
 government. To the first it was answered, That when the King and 
 the army were agreed, it would not be impossible to make them remit 
 in that point ; but if that could not be obtained, yet, when the King 
 was restored to his power, he might easily supply seven persons 
 living beyond the seas in such manner as to make their banishment 
 supportable. To the second. That the next parliament would be 
 necessitated to lay great burdens upon the people ; and that it would 
 be a happiness to the King's party to have no hand therein. To the 
 third. That the law was security enough for the church ; and that it 
 was a great point gained, to reduce men who had fought against it, to 
 be wholly silent in the matter. But the King, breaking away from 
 them, said, " Well, I shall see them glad ere long to accept of more 
 " equal terms." 
 
 About this time Mr. Ashburnham arrived, to the King's great con- 
 tentment ; and his instructions referring to Sir John Berkeley's, which 
 they were to prosecute jointly. Sir John gave him what light he could 
 into the state of affairs. But he soon departed from the methods 
 proposed by Sir John Berkeley ; and, entirely complying with the 
 King's humour, declared openly, that, having always used the best 
 company, he could not converse with such senseless fellows as the 
 agitators ; that if the officers could be gained, there was no doubt 
 but they would be able to command their own army; and that he 
 was resolved to apply himself wholly to them. Upon this there grew 
 a great familiarity between him and Whalley, who commanded the 
 guard that waited on the King ; and not long after a close cor- 
 
 199 
 
20 ^ttngerbfilt Soctrts ISenrints. 
 
 respondence with Cromwel and Ireton, messages daily passing from 
 the King to the head quarters. With these encouragements, and 
 others from the Presbyterian party, the Lord Lauderdale and divers 
 of the city of London assuring the King that they would oppose the 
 army to the death, he seemed so much elevated, that, when the pro- 
 posals were sent to him, and his concurrence humbly desired, he, to 
 the great astonishment, not only of Ireton and the army, but even of 
 his own party, entertained them with very sharp and bitter language ; 
 saying, That no man should suffer for his sake ; and that he repented 
 him of nothing so much, as that he passed the bill against the Earl 
 of Strafford : which though it must be confessed to have been an 
 unworthy act in him, all things considered ; yet it was no less im- 
 prudent, in that manner, and at that time, to mention it : and that 
 we would have the church established according to law by the pro- 
 posals. To which those of the army replied. That it was not their 
 work to do it ; and that they thought it sufficient for them to wave 
 the point, and they hoped for the King too, he having already con- 
 sented to the abolition of the Episcopal government in Scotland. 
 The King said, That he hoped God had forgiven him that sin ; re- 
 peating frequently these or the like words, " You cannot be without 
 "me; you will fall to ruin, if I do not sustain you." This manner 
 of carriage from the King being observed with the utmost amaze- 
 ment by many officers of the army who were present, and at least 
 in appearance were promoters of the agreement ; Sir John Berkeley 
 taking notice of it, looked with much wonder upon the King, and 
 stepping to him, said in his ear, "6i>, You speak as if you had some 
 " secret strength and power which I do not know of; and since you 
 " have concealed it from me, I wish you had done it from these men 
 " also." Whereupon the King began to recollect himself, and to soften 
 his former discours'e. But it was too late ; for Col. Rainsborough, 
 who of all the army seemed the least to desire an agreement, having 
 observed these passages, went out from the conference and hastened 
 to the army, informing them what entertainment their commissioners 
 and proposals had found with the King. Sir John Berkeley, being 
 desirous to allay this heat, demanded of Ireton, and the rest of the 
 officers, what they would do if the King should consent. By whom 
 it was answered. That they would offer them to the parliament for 
 their approbation. The King, having thus bid defiance to the army, 
 
 200 
 
Sm))nsionment anH I9rath of ittng Charlps fi. 21 
 
 thought it necessary to bend all his force against them, and especially 
 to strengthen their enemies in the parliament. To this end a petition 
 was contrived, to press them to a speedy agreement with the King ; 
 and presented in a most tumultuous manner, by great numbers of 
 apprentices and rabble, backed and encouraged by many dismissed 
 and disaffected officers who joined with them. Whilst the two houses 
 were in debate what answer to give to this insolent multitude, some 
 of them getting to the windows of the house of Lords, threw stones 
 in upon them, and threatened them with worse usage, unless they 
 gave them an answer to their liking ; others knocked at the door 
 of the house of Commons, requiring to be admitted. But some of 
 us with our swords forced them to retire for the present ; and the 
 house resolved to rise without giving any answer, judging it below 
 them to do any thing by compulsion. Whereupon the Speaker went 
 out of the house ; but, being in the lobby, was forced back into the 
 chair by the violence of the insolent rabble ; whereof above a thou- 
 sand attended without doors, and about forty or fifty were got into 
 the house. So that it was thought convenient to give way to their 
 rage. And the Speaker demanding what question they desired to 
 be put, they answered. That the King should be desired to 
 come to London forthwith. Which question being put, they 
 were asked again what further they would have ; they said. That he 
 should be invited to come with honour, freedom, and safety. 
 To both which I gave a loud negative ; and some of the members 
 as loud an affirmative ; rather out of a prudential compliance, 
 than any affection to the design on foot. By these votes, and 
 the coming down of divers well-affected citizens to appease them, the 
 tumult was somewhat allayed ; and the members of parliament with 
 their Speaker passed through the multitude safely. The next morn- 
 ing I advised with Sir Arthur Haslerig, and others, what was fittest to 
 be done in this conjuncture ; and it was concluded, that we could 
 not sit in parliament, without apparent hazard of our lives, till we had 
 a guard for our defence ; it being manifestly the design of the other 
 party, either to drive us away, or to destroy us. Therefore we 
 resolved to betake ourselves to the army for protection. Sir Arthur 
 Haslerig undertaking to persuade the Speaker to go thither ; to which 
 he consented with some difficulty : and having caused looo 1. to be 
 thrown into his coach, went down to the army ; which lay then at 
 
 201 
 
22 ^\mQtvi>^lt Siocitt^ IXtpvints, 
 
 Windsor, Maidenhead, Colebrook, and the adjacent places. Having 
 acquainted as many of our friends as I could with our resolution to 
 repair to the army, I went down. And the next day, being the same 
 to which the parliament had adjourned themselves, the army rendez- 
 voused upon Hounslow-heath ; where those members of parhament, 
 as well Lords as Commons, who could not with safety stay at West- 
 minster, appeared in the head of them ; at which the army ex- 
 pressed great joy, declaring themselves resolved to live and die with 
 them. At night, the Earl of Northumberland, the Lord Say, 
 the Lord Wharton, and other Lords; the Speaker and members of 
 the house of Commons aforesaid, with Sir Thomas Fairfax, 
 and many principal officers of the array, met at Sion-house, to 
 consult what was most advisable to do in that juncture ; which 
 whilst they were doing, an account was brought of the pro- 
 ceedings of those at Westminster that day, by the Serjeant of the 
 house, who came with his mace, to the no little satisfaction of the 
 Speaker. He acquainted them, that the remaining members, being 
 met in the house of Commons, had for some time attended the com- 
 ing of their Speaker ; but being informed, that he was gone to the 
 army, they had made choice of one Mr Pelham, a lawyer, and mem- 
 ber of the house, to be their Speaker : after which they had appointed 
 a committee of Lords and Commons to join with the directors of the 
 militia of London, in order to raise forces for the defence of the par- 
 liament ; the success of which attempt they desired to see, before 
 they would declare against the army. To this end, Massey, Poyntz, 
 Brown, and Sir William Waller, encouraged by the common council, 
 and others, who, by various artifices, had been corrupted, used all 
 possible diligence to list men, and prepare a force to oppose the 
 army. But their proceedings therein were much obstructed by divers 
 honest citizens, who importunately solicited them to treat with the 
 army ; and also by the news of the general rendezvous upon Houn- 
 slow-heath. 
 
 Though the Lords had been removed from the command of the 
 army, yet it was manifest, that their influence there still continued ; 
 partly from a desire of some great officers to oblige them, and partly 
 from the ambition of others to be of their number ; who, to shew 
 their earnest desires to serve the King, being morally assured the par- 
 
imnrtssoumtttt aitu Bratft of Hmg Ciiarltsi I. 23 
 
 liament and city were likely to be shortly in the power of the army, 
 who might be induced to take other counsels in relation to the King 
 upon such success, especially considering his late carriage towards 
 them ; they sent an express to Sir John Berkeley and Mr Ashburn- 
 ham, advising, that since the King would not yield to their proposals, 
 that he would send a kind letter to the army, before it were known 
 that London would submit. Whereupon a letter was prepared im- 
 mediately : but the King would not sign it, till after three or four 
 debates ; which lost one whole day's time. At' last, Mr Ashburnham 
 and Sir John Berkeley going with it, met with messengers from the 
 officers to hasten it : bat before they could come to Sion-house, the 
 commissioners from London were arrived, and the letter out of season. 
 For coming after it was known with what difficulty it had been ob- 
 tained, and that matters were like to be adjusted between the parlia- 
 ment and arm)', it lost both its grace and efficacy. Notwithstanding all 
 which, the officers, being resolved to do what they could, proposed, 
 whilst the army was in the very act of giving thanks for their success, 
 that they should not be too much elevated therewith, but kept still 
 to their former engagement to the King, and once more solemnly 
 vote the proposals ; which was done accordingly. 
 
 The face of affairs in the city was at this time very various, accord- 
 ing to the different advices they received. For upon the report of 
 the advance of the army, and the taking of some of their scouts, they 
 cried out. Treat, Treat. And, at another time, being informed that 
 men listed in great number, the word was. Live and die, Live and die. 
 But when Southwark had let in part of the army, and joined with 
 them, they returned to the former cry of Treat, Treat. To which the 
 Lord Mayor, Aldermen, and common council consenting, were ready 
 to admit the army as friends, being not able to oppose them as 
 enemies; and afterwards to attend those members who had retired 
 to the army, being in all about loo, to the parliament. Having re- 
 sumed our places in the house, as many of the eleven members as 
 had returned to act, immediately withdrew ; and Poyntz, with other 
 reduced officers, who had endeavoured to form a body against the 
 army, fled. But we had other difficulties to encounter. For though 
 that vote, by which the petition of the army was declared seditious, 
 and those guilty of treason who should prosecute the same after such 
 
 203 
 
24 ^unserfagle Sboctetg l^fjirintss. 
 
 a day, was rased out of the journal ; yet, by reason that the bulk of 
 the opposite party was left still in the house, the militia of London 
 could not be changed without much difficulty ; and some other votes 
 of great consequence could not be altered at all. However, the 
 parliament appointed a committee to inquire into the late force that 
 was put upon them ; who having made their report. Sir John May- 
 nard was impeached ; and Recorder Glynn, with Mr Clement 
 Walker, and others, imprisoned. 
 
 A day or two after the restitution of the parliament, the army 
 marched through the city without offering the least violence, pro- 
 mising to shew themselves faithful to the public interest. But their 
 actions furnished occasion to suspect them ; particularly, their dis- 
 countenancing the adjutators, who had endured the heat of the day; 
 the free access of all cavaliers to the King at Hampton-court, and the 
 public speeches made for the King by the great officers of the array 
 in a council of war held at Putney ; some of that party taking the 
 same liberty in the house of Commons ; where one of them publicly 
 said. That he thought God had hitherto blasted our counsels, because 
 we had dealt so severely with the cavaliers. These things caused 
 many in the army, who thought themselves abused and cheated, to 
 complain to the council of adjutators, against the intimacy of Sir 
 John Berkeley and Mr Ashburnham with the chief officers of the army; 
 affirming, that the doors of Cromwel and Ireton were open to them, 
 when they were shut to those of the army. Cromwel was much 
 offended with these discourses, and acquainted the King's party with 
 them ; telhng Mr Ashburnham and Sir John Berkeley, that if he were 
 an honest man, he had said enough of the sincerity of his intentions ; 
 and if he were not, that nothing was enough ; and therefore conjured 
 them, as they tendered the King's service, not to come so frequently 
 to his quarters, but to send privately to him ; the suspicion of him being 
 grown so great, that he was afraid to lie in them himself This had no 
 effect upon Mr. Ashburnham ; who said, that he must shew them the 
 necessity of complying with the King, from their own disorders. About 
 three weeks after the army entered London, the Scots prevailed with 
 the parliament to address themselves again to the King ; which was 
 performed in the old propositions of Newcastle, some particulars re- 
 lating to the Scots only excepted. The King advising with some 
 
 204 
 
Sm)irtjSonmrttt anU Btatfi of f^mg CUarlesi 5. 25 
 
 about him concerning this matter, it was concluded to be unsafe for 
 him to close with the enemies of the army whilst he was in it. 
 Whereupon the King refused the articles, and desired a personal 
 treaty. The officers of the array having seen his answer before it was 
 sent, seemed much satisfied with it ; and promised to use their utmost 
 endeavours to procure a personal treaty ; Cromwel, Ireton, and many 
 of their party in the house, pressing the King's desires with great 
 earnestness ; wherein, contrary to their expectations, they found a 
 vigorous opposition from such as had already conceived a jealousy of 
 their private agreement with the King, and were now confirmed in 
 that opinion ; and the suspicions of them grew to be so strong, that 
 they were accounted betrayers of the cause, and lost almost all their 
 friends in the parliament. The army, that lay then about Putney, 
 was no less dissatisfied with their conduct ; of which they were daily 
 informed by those that came to them from London : so that the 
 adjutators began to change their discourse, and to complain openly 
 in council, both of the King, and the malignants about him ; saying, 
 that since the King had rejected their proposals, they were not en- 
 gaged any further to him, and that they were now to consult their 
 own safety and the public good ; that having the power devolved 
 upon them by the decision of the sword, to which both parties had 
 appealed, and being convinced that monarchy was inconsistent with 
 the prosperity of the nation, they resolved to use their endeavours to 
 reduce the government of England to the form of a commonwealth. 
 These proceedings struck so great a terror into Cromwel and Ireton, 
 that they thought it necessary to draw the army to a general rendez- 
 vous ; pretending to engage them to adhere to their former proposals 
 to the King ; but indeed to bring the army into subjection to them 
 and their party, that so they might make their bargain by them ; de- 
 signing, if they could carry this point at the rendezvous, to dismiss 
 the council of adjutators ; to divide the army ; and to send those to 
 the most remote places who were most opposite to them, retaining 
 near them such only as were fit for their purpose. This design being 
 discovered by the adjutators, amongst whom Colonel Rainsborough 
 had the principal interest, they used all possible industry to prevent 
 the general muster, which was appointed to be at Ware ; supposing 
 the separation thereupon intended to be contrary to the agreement 
 
 205 
 
26 ^nxiQtvbylt Soct>tg M^^inntiS. 
 
 made upon taking the King out of the hands of the parliament, and 
 destructive to the ends which they thought it their duty to promote, 
 
 In the mean time, Cromwel having acquainted the King with his 
 danger, protesting to him, that it was not in his power to undertake 
 for his security in the place where he was, assuring him of his real 
 service, and desiring the Lord to deal with him and his according to 
 the sincerity of his heart towards the King, prepared himself to act 
 his part at the general rendezvous. The King, being doubtful what 
 to do in this conjuncture, was advised by some to go privately to 
 London, and appear in the house of Lords. To which it was 
 answered, That the army being masters of the city and parliament, 
 would undoubtedly seize the King there ; and if there should be any 
 blood shed in his defence, he would be accused of beginning a new 
 war. Others counselled him to secure his person by quitting the 
 kingdom. Against which the King objected, That the rendezvous 
 being appointed for the next week, he was not willing to quit the 
 army till that was passed ; because if the superior officers prevailed, 
 they would be able to make good their engagement ; if not, they 
 must apply themselves to him for their own security. The Scots 
 commissioners also, who had been long tampering with him, took 
 hold of this opportunity to persuade him to come to their terms, by 
 augmenting his fears as much as they could. It was also proposed, 
 that he should conceal himself in England ; but that was thought 
 unsafe, if not impossible. Some there were who proposed his going 
 to Jersey, which was then kept for him ; but the King being told by 
 the Earl of Lanark, that the ships provided by Sir John Berkeley for 
 that purpose had been discovered and seized, though Sir John affirms 
 in his papers that none were provided, that design was laid aside. 
 At last the King resolved to go to the Isle of Wight ; being, as is 
 most probable, recommended thither by Cromwel, who, as well as 
 the King, had a good opinion of Col. Hammond the Governor there. 
 To this end, the King sent Mr. William Legge to Sir John Berkeley 
 and Mr Ashburnham, requiring them to assist him in his escape; 
 and horses were laid at Sutton in Hampshire to that purpose. On 
 the day following, Sir John Berkeley and Mr Ashburnham waiting 
 with horses, the King with Mr. Legge came out towards evening ; 
 and being mounted, they designed to ride through the forest, having 
 
 206 
 
Imprtsiottmcttt aitli Hacath of latng Chatksi $. 27 
 
 the King for their guide ; but they lost the way ; so that the night 
 proving dark and stormy, and the ways very bad, they could not 
 reach Sutton before break of day, though they hoped to have been 
 there three hours- before. At Sutton they were informed, that a 
 committee of the county was there sitting by order of the parHament; 
 which when the King heard, he passed by that place, and continued 
 his way towards Southampton, attended only by Mr. Legge, and went 
 to a house of the Earl ot Southampton at Titchfield ; having sent Sir 
 John Berkeley and Mr. Ashburnham to Col. Hammond, Governor of 
 the Isle of Wight, with a copy of the letter left upon the table in his 
 chamber at Hampton-court, and two other letters which he had 
 lately received, one of them without a name, expressing great fears 
 and apprehensions of the ill intentions of the commonwealth-party 
 against the King ; the other from Cromwel, much to the same pur- 
 pose ; with this addition, that, in prosecution thereof, a new guard 
 was designed the next day to be placed about the King, consisting of 
 men of that party. He also sent by them a letter to Col. Hammond ; 
 wherein, after he had expressed his distrust of the levelling part of 
 the army, as he termed it, and the necessity lying upon him to pro 
 vide for his own safety, he assured him, that he did not intend to 
 desert the interest of the army ; ordering his two messengers to 
 acquaint him, that of all the army the King had chosen to put him- 
 self upon him, whom he knew to be a person of a good extraction ; 
 and though engaged against him in the war, yet without any ani- 
 mosity to his person, to which he was informed he had no aversion : 
 that he did not think it fit to surprise him ; and therefore had sent 
 the two persons before mentioned, to advertise him of his intentions, 
 and to desire his promise to protect the King and his servants to the 
 best of his power ; and if it should happen that he was not able to do 
 it, then to oblige himself to leave them in as good a condition as he 
 found them. Being ready to depart with these instructions, Sir John 
 Berkeley said to the King, that, having no knowledge of the Governor, 
 hr could not tell whether he might not detain them in the island ; 
 and therefore advised, if they returned not the next day, that he 
 would think no more of them, but secure his own escape. Towards 
 evening they arrived at Lymington, but could not pass by reason of 
 a violent storm. The next morning they got over to the island ; and 
 
 207 
 
28 ^unsnbslt Soctetg U^pvints. 
 
 went directly to Carisbrook castle, the residence of the Governor ; 
 where they were told, that he was gone towards Newport. Upon this 
 notice, they rode after ; and having overtaken and acquainted him 
 with their message, he grew pale, and fell into such a trembling, that 
 it was thought he would have fallen from his horse. In this con- 
 sternation he continued about- an hour ; breaking out sometimes into 
 passionate and distracted expressions, saying, " O Gentlemen, you 
 " have undone me, in bringing the King into the island, if at least 
 " you have brought him ; and if you have not, I pray let him not 
 " come : for what between my duty to the King, and gratitude to him 
 " upon this fresh obligation of confidence, and the discharge of my 
 "trust to the army, I shall be confounded." Upon this they took 
 occasion to tell him, that the King intended a favour to him and his 
 posterity, in giving him this opportunity to lay a great obligation upon 
 him, and such as was very consistent with his relation to the army, who 
 had solemnly engaged themselves to the King; but if he thought other- 
 wise, the King would be far from imposing his person upon him. But, 
 said the Governor, if the King should come to any mischance, what 
 would the army and the King say to him that had refused to receive 
 him? To which they answered. That he had not refused him who was 
 not come to him. Then, beginning to speak more calmly, he desired 
 to know where the King was, and wished that he had absolutely 
 thrown himself upon him ; which made the two Gentlemen suspect 
 that the Governor was not for their turn. But Mr Ashburnham, 
 fearing what would become of the King if he should be discovered 
 before he had gained this point, took the Governor aside ; and, after 
 some conference, prevailed with him to declare. That he did believe 
 the King relied on him as a person of honour and honesty : and 
 therefore he did engage himself to perform whatsoever could be 
 expected from a person so qualified. Mr Ashburnham replied, I 
 will ask no more. Then said the Governor, Let us all go to the 
 King, and acquaint him with it. When they came to Cowes castle, 
 where a boat lay to carry them over. Col. Hammond took Capt. 
 Basket the Governor of that castle with him, and gave order for a 
 file or two of musketeers to follow them in another boat. When they 
 came to the Earl of Southampton's house, Mr. Ashburnham, leaving 
 Sir John Berkeley below with Col. Hammond and Capt. Basket, 
 208 
 
Imjirtssottment aittj Btatti of Hing (STharl^is i. 29 
 
 went up to the King; and having given an account of what had passed 
 between the Governor and them, and that he was come with them to 
 make good what he had promised ; the King striking his hand upon 
 his breast, said, " What ! have you brought Hammond with you ? O 
 " you have undone me ; for I am by this means made fast from 
 " stirring." Mr Ashburnham then told him, that if he mistrusted 
 Hammond, he would undertake to secure him. To which the King 
 replied, " I understand you well enough. But if I should follow 
 " that counsel, it would be said and believed, that he ventured his 
 " life for me, and that I had unworthily taken it from him ;'' telling 
 him further, " That it was now too late to think upon anything, 
 " but going through the way he had forced upon him ; wondering 
 "how he could make so great an oversight.'' At which expression 
 Mr Ashburnham, having no more to say, wept bitterly. In the 
 mean time. Col. Hammond and Capt. Basket beginning to be im- 
 patient of their long attendance below in the court. Sir John Berke- 
 ley sent a Gentleman of the Earl of Southampton's to desire that 
 the King and Mr Ashburnham would remember that they were be- 
 low. About half an hour after, the King sent for them up; and 
 before Col. Hammond and Capt. Basket had kissed the King's 
 hands, he took Sir John Berkeley aside, and said to him, " Sir John, 
 " I hope you are not so passionate as Jack Ashburnham. Do you 
 " think you have followed my directions ? " He answered, " No 
 " indeed. But it is not my fault, as Mr Ashburnham can tell you, 
 " if he please." The King, perceiving that it was now too late to 
 take other measures, received Col. Hammond cheerfully ; who, 
 having repeated to him what he had promised before, conducted 
 them over to Cowes. The next morning the King went with the 
 Governor to Carisbrook ; and on the way thither was met by divers 
 Gentlemen of the island ; by whom he understood, that the whole 
 island was unanimously for him, except the Governors of the castles, 
 and Col. Hammond's Captains ; that Hammond might be easily 
 gained, if not more easily forced, the castle being day and night full 
 of the King's party ; and that the King might chuse his own time 
 of quitting the island, having liberty to ride abroad daily. So that 
 not only the King and those that were with him, but also his own 
 
 party, approved of the choice he had made, The King and Mr Ash- 
 
 209 
 
30 ^ttttserbglt Sorteta n,tpvint&. 
 
 burnham applied themselves to the Governor with so good success, 
 that he and those with him seemed to desire nothing more of the 
 King than to send a civil message to both houses, signifying his pro- 
 pensity to peace ; which was done accordingly. 
 
 No sooner was the King's escape taken notice of by the guards, 
 but Col. Whalley hastened to the parliament with the letter which 
 the King had left upon his table, shewing the reasons of his with- 
 drawing, and his resolution not to desert the interest of the army. 
 And though it was visible that the King made his escape by the 
 advice of Cromwel, and therefore in all appearance with the consent 
 of Whalley; yet he pretended for his excuse to the parliament, that Mr. 
 Ashburnham had broken his engagement to him at his first coming 
 to Woburn ; whereby he had undertaken, that the King should not 
 leave the army without his knowledge and consent. Upon this 
 advice, the parliament declared it treason for any person to conceal 
 the King. But the manner of his escape being soon after discovered, 
 and that he had put himself into the hands of the Governor of the 
 Isle of Wight, they sent a messenger to the island for Mr. Ashburn- 
 ham, Sir John Berkeley, and Mr. Legge ; but the Governor refused 
 to deliver them. 
 
 The time for the general rendezvous of the army being now come, 
 the commonwealth-party amongst them declared to stand to their 
 engagement, not to be dispersed till the things they had demanded 
 were effected, and the government of the nation established. To 
 make good which resolution, several regiments appeared in the field 
 with distinguishing marks in their hats. But Lt-Gen. Cromwel, not 
 contenting himself with his part in an equal government, puffed up 
 by his successes to an expectation of greater things, and having driven 
 a bargain with the grandees in the house, either to comply with the 
 King, or to settle things in a factious way without him, procured a 
 party to stand by him in the seizing some of those who appeared 
 at the rendezvous in opposition to his designs. To this end, being 
 accompanied with divers officers whom he had preferred, and by that 
 means made his creatures, he rode up to one of the regiments which 
 had the distinguishing marks, requiring them to take them out : 
 which they not doing, he caused several of them to be seized ; and 
 
 210 
 
Jmjjvtsomwfnt anu Heath of ttins eiiatles 5. 
 
 31 
 
 then their hearts failing, they yielded obedience to his commands. 
 He ordered one of them to be shot dead upon the place ; delivering 
 the rest of those whom he had seized, being eleven in number, 
 into the hands of the Marshal ; and having dispersed the army to 
 their quarters, went to give an account of his proceedings to the 
 parliament. And though when an agreement with the King was 
 carried on by other hands, he could countenance the army in 
 opposition to the parliament ; yet, now the bargain for the people's 
 liberty being driven on by himself, he opposed those who laboured to 
 obstruct it, pretending his so doing to be only in order to keep the 
 army in subjection to the parliament ; who, being very desirous to 
 have this spirit suppressed in the army by any means, not only 
 approved what he had done, but gave him the thanks of the house 
 for the same. Whereunto, though single, I gave as loud a No as I 
 could, being fully convinced that he had acted in this manner for no 
 other end but to advance his own passion and power into the room 
 of right and reason; and took the first opportunity to tell him, that 
 the army having taken the power into their hands, as in effect they 
 had done, every drop of blood shed in that extraordinary way would 
 be required of them, unless the rectitude of their intentions and 
 actions did justify them, of which they had need to be very careful. 
 
 The chief officers of the army having subdued those of their body 
 who upon just suspicion had opposed the treaty with the King, 
 thought themselves obliged by their former engagement to press for 
 a personal treaty with him ; which they procured to be offered, in case 
 he would grant four preliminary bills. The first of which contained 
 the revocation of all proclamations against the parliament : the second, 
 to make void all such titles of honour as had been granted by the King 
 since he had left the parliament ; and that for the future none should 
 be conferred on any person without the consent of parliament ; the 
 third was a bill to except some persons from pardon: and the fourth, for 
 investing the militia in the two houses. All which those who thought it 
 reasonable and necessary to proceed judicially with him, were afraid 
 he would grant ; it being visible, that had he been restored to the 
 throne upon any terms, he might easily have gratified his friends, and 
 revenged himself upon all his enemies. Col. Hammond and Mr. 
 
 211 
 
32 ilttttgerbale ^octets Utpvints 
 
 Ashburnham had frequent conferences with the King ; who had made 
 SQch promises to the Colonel, that he declared himself extremely 
 desirous that the army might resume their power, and clear themselves 
 of the coadjutors, whose authority he said he had never approved. 
 To this end, he sent one Mr. Traughton, his chaplain, to the army, 
 to persuade them to make use of their success against the adjutators; 
 and two or three days after earnestly moved the King to send some 
 of those about him to the army, with letters of compliment to the 
 General, and others of greater confidence to Cromwel and Ireton, 
 promising to write to them himself, which he did ; conjuring them by 
 their engagements, their honour and conscience, to come to a speedy 
 agreement with the King, and not to expose themselves to the fan- 
 tastic giddiness of the adjutators. Sir John Berkeley was made 
 choice of for this employment ; who, taking Mr. Henry Berkeley his 
 cousin-german with him, departed from the island with a pass from 
 the Governor of Cowes ; and, being on his way, met Mr Traughton 
 on his return, between Bagshot and Windsor ; who acquainted him, 
 that he had no good news to carry back to the King, the army having 
 taken new resolutions touching his person. Being gone a little far- 
 ther, he was met by Cornet Joyce, who told him, that he was aston- 
 ished at his design of going to the army ; acquainting him, that it had 
 been debated amongst the adjutators. Whether, in justification of 
 themselves, the King should be brought to a trial ? of which opinion 
 he declared himself to be ; not out of any ill-will, as he said, to the 
 King's person, but that the guilt of the war might be charged upon 
 those that had caused it, About an hour after his arrival at Wind- 
 sor, Sir John Berkeley went to the General's quarters, where he found 
 the officers of the army assembled : and, being admitted, delivered 
 his letters to the General ; who, having received them, ordered him 
 to withdraw. After he had attended about half an hour, he was 
 called in again, and told by the General, with some severity on his 
 face, that they were the parliament's army, and therefore could say 
 nothing to the King's motion about peace ; but must refer those 
 matters, and the King's letters, to their consideration. Then Sir 
 John looked upon Cromwel, Ireton, and the rest of his acquaintance; 
 who saluted him very coldly, shewing him Hammond's letter to them, 
 and smiling with disdain upon it. Being thus disapppointed, he 
 
 313 
 
Smprtjsionmtnt nnU litatti of Htng Charlrsi S. 33 
 
 went to his lodging ; and staid there from four till six of the clock, 
 without any company, to his great dissatisfaction. At last, he sent 
 out his servant, with orders to find out, if possible, some of his 
 acquaintance ; who met with one that was a general officer, by whom 
 he was ordered to tell his master, that he would meet him at mid- 
 night, in a close behind the Garter-inn. At the time and place 
 appointed they met ; where the officer acquainted him in general, 
 that he had no good news to communicate to him ; and then 
 descending to particulars, said, " You know that I and my friends 
 " engaged ourselves to you : that we were zealous for an agreement-; 
 " and if the rest were not so, we were abused : that, since the tumults 
 " in the army, we did mistrust Cromwel and Ireton, whereof I 
 " informed you. I come now to tell you, that we mistrust neither; 
 " and that we are resolved, nothwithstanding our engagement, to 
 " destroy the King and his posterity. To which end Ireton has 
 " made two propositions this afternoon : one, That you should be 
 " sent prisoner to London ; the other. That none should speak with 
 " you upon pain of death ; and I do now hazard my life by doing it. 
 " The way designed to ruin the King is, to send 800 of the most 
 " disaffected in the army to secure his person, and then to bring him 
 " to a trial ; and I dare think no farther. Tliis will be done in ten 
 " days ; and therefore, if the King can escape, let him do it, as he 
 " loves his life." Sir John then asking the reason of this change, see- 
 ing the King had done all things in compliance with the army, and 
 that the officers were become superior since the last rendezvous ; he 
 replied. That he could not certainly tell ; but conceived the ground 
 of it to be, that though one of the mutineers, as he called him, was 
 shot to death, eleven more made prisoners, and the rest in appear- 
 ance overawed ; yet they were so far from being so indeed, that two 
 thirds of the army had been since with Cromwel and Ireton, to tell 
 them, That though they were certain to perish in the enterprize, they 
 would leave nothing unattempted to bring the whole army to their 
 sense ; and that, if all failed, they would make a division in the army, 
 and join with any who would assist them in the destruction of those 
 that should oppose them : that Cromwel and Ireton argued thus : If 
 the army divide, the greatest part will join with the Presbyters, and 
 will, in all likelihood, prevail, to our ruin, by forcing us to make our 
 applications to the King, wherein we shall rather beg than offer any 
 
 213 
 
34 '^uno^vbjolt Ssotitts ^tpvints. 
 
 assistance ; which if the King shall give, and afterwards have the good 
 ftjrtune to prevail, if he shall then pardon us, it will be all we can pre 
 tend, and more than we can certainly promise to ourselves ; thereupon 
 concluding, that, if they could not bring the army to their sense, that 
 it was best to comply with thera, schism being utterly destructive to 
 both. In pursuance of this resolution, Cromwel bent all his thoughts 
 to make his peace with the party that was most opposite to the King ; 
 acknowledging, as he knew well how to do on such occasions, tliat 
 the glory of this world had so dazzled his eyes, that he could not dis- 
 cern clearly the great works that the Lord was doing. He sent also 
 comfortable messages to the prisoners that he had seized at the general 
 rendezvous, with assurances that nothing should be done to their 
 prejudice. And by these and the like arts he perfected his reconci- 
 liation. For my own part, I am inclined to believe, that his 
 son Ireton never intended to close with the King, but only to lay his 
 party asleep, whilst they were contesting with the Presbyterian inter- 
 est in parliament. And now having secured themselves of the city, 
 and persuaded the King to deny the propositions of the parliament, 
 subdued the army, and freed themselves from the importunity of the 
 King and his party, they became willing to quit their hands of him, 
 since their transactions with him had procured them so much oppo- 
 sition ; and to leave the breach with him upon the parliament ; where 
 they found the Presbyterian party averse to an agreement with him 
 upon any proposals of the army, and the commonwealth party resolved 
 not to treat with him upon any at all. 
 
 Sir John Berkeley being returned to his lodging, dispatched his 
 cousin Henry Berkeley to the Isle of Wight with two letters ; one to 
 the Governor, containing a general relation, and doubtful judgment 
 of things in the army ; another in cypher, with a particular account 
 of the foresaid conference, and a most passionate supplication to the 
 King to meditate nothing but his immediate escape. The next 
 morning he sent Col. Cooke to Cromwel, to let him know, that he 
 had letters and instructions to him from the King ; who returned, in 
 answer, by the messenger, that he durst not see him, it being very 
 dangerous to them both; bidding him be assured, that he would 
 serve the King as long as he could do it without his own ruin ; but 
 desired that it might not be expected, that he should perish for 
 
 214 
 
fimjirtsionment anlj Utatii of Hiitfi ffiimrlrsi «. 35 
 
 his sake. Having received this answer, Sir John took horse for Lon- 
 don, resolving not to acquaint any with the incHnations of the array, 
 or with the King's intended escape, which he presumed would be in 
 a few days, the Queen having sent a ship to that purpose, and pressed 
 it earnestly in her letters. The next day after his arrival at London, 
 he received a message from the Scots Lords Lanark and Lauderdale, 
 desiring a meeting with him, presuming he had a commission from 
 the King to treat : but he acquainting them, that the King had said 
 at his parting from him, that he would make good whatsoever he 
 should undertake to any person in his name ; the Lord Lanark 
 replied, he would ask no other commission from him. At their 
 second meeting they came near to an agreement, and resolved to 
 conclude on the Monday following. But the next day Sir John 
 Berkeley receiving a letter from Mr Ashburnham, requiring him in 
 the King's name to lay aside all other business, and to return imme- 
 diately to the King, was constrained to go out of town that night, and 
 to leave the treaty unfinished, to the great dissatisfaction of both par- 
 ties. At his return to the island he found the King determined not 
 to attempt his escape till he had concluded with the Scots ; who, he 
 said, being very desirous to have him out of the hands of the army, 
 would on that account come to an accommodation upon reasonable 
 conditions: whereas, if he should leave the army before any agree- 
 ment with the Scots, they would never treat with him but upon their 
 own terms. To this end, the King ordered Sir John Berkeley, Mr. 
 Ashburnham, Dr. Hammond, and Mr. Legge, to review the papeis 
 relating to the treaty with the Scots, which had been managed in 
 London chiefly by Dr. Gough, a Popish priest ; who, in the Queen's 
 name, had conjured the King to make his speedy escape, and in his 
 own beseeched him not to insist too nicely upon terms in the present 
 exigency of his affairs. But Mr. Ashburnham hesitated much upon 
 many expressions in the articles relating to the covenant, and Church 
 of England, of which he was a zealous professor, making many replies 
 and alterations ; and at last insisted, that the King would send for 
 the Scots commissioners to come to him. Accordingly Sir William 
 Fleming was sent to that purpose. And the next day after an express 
 came from the said Commissioners to the King, desiring the two 
 papers might be drawn, the one to contain the least he would be con- 
 tented with, and the other the utmost that he would grant to the 
 
 215 
 
36 ^ungrrbsle Jbort^tg l^tjpnntis. 
 
 Scots ; which last they desired he would sign, promising to do the 
 like to the first, and to deliver it to Dr. Gough upon the reception of 
 his paper so signed. But this matter was delayed so long, that they 
 concluded the Scots commissioners would be on their way before 
 another express could be gone out of the island. At the same time 
 that the Scots were coming to the King, commissioners were also 
 sent to him by the parliament, with offers of a personal treaty, on 
 condition that the King, in testimony of his future sincerity, would 
 grant the four preliminary bills formerly mentioned. Whilst these 
 two sorts of commissioners were one day attending the King, as he 
 walked about the castle, they observed him throw a bone before two 
 spaniels that followed him, and to take great delight in seeing them 
 contesting for it ; which some of them thought to be intended by him 
 to represent that bone of contention he had cast between the two 
 parties. It was proposed by some of his party, that the King should 
 give a dilatory answer to the Scots, that he might have the better 
 opportunity to escape ; and at the same time it was moved, that he 
 should offer the four following bills to the parliament, upon presump- 
 tion that they could not well refuse them, nor durst grant them. The 
 first was for the payment of the army, and for their disbanding as soon 
 as paid : the second, to put a period to the present parliament : the 
 third, to restore the King and Queen to the possession of their 
 revenues : the fourth, to settle a church-government without any 
 coercive power ; and, till such a government were agreed on, the 
 present to continue without any coercive authority. This they 
 advised upon apprehensions, if the King should give a positive denial, 
 that the commissioners might have orders to injoin the Governor to 
 keep a stricter guard over his person, and thereby his designed 
 escape be prevented. To this advice the King replied. That he had 
 found out a remedy against their fears ; which was, to deliver 
 his answer to the commissioners sealed up. The next day after the 
 English commissioners had delivered their message, and desired the 
 King's answer within three or four days, the commissioners of Scot- 
 land, Loudon, Lanark, Lauderdale, and others, delivered a protesta- 
 tion to the King, subscribed by them, against the parliament's message, 
 affirming it to be contrary to the covenant, being sent without their 
 participation or consent ; and from this time began seriously to treat 
 with the King, concluding at last upon such terms as they could ob- 
 
 2l6 
 
Jmjit-tsiOttmtnt antr BratU of i^tng; CiiarltiS 5. 37 
 
 tain, rather than such as they desired from him. When the time to 
 receive the King's answer was come, he sent for the Enghsh commis- 
 sioners : and, before he delivered his answer, demanded of the Earl 
 of Denbigh, who was the principal commissioner, whether they had 
 power to alter any of the substantial or circumstantial parts of the 
 message ; and they replying, That they had not ; he delivered his 
 answer sealed up into the hands of the Earl of Denbigh. Having 
 received the King's answer, the commissioners withdrew for a little 
 time ; and, being returned, the Earl of Denbigh seemed to be 
 offended, that the King had delivered his message sealed ; alledging, 
 that they were required by their instructions to bring his answer, 
 which, whether his letter were or no, they could not know, unless 
 they might see it ; saying, that he had been his ambassador, and in 
 that employment would never have delivered any letter without a pre- 
 ceding sight of it. The King told him. That he had employed 
 twenty ambassadors, and that none of them had ever dared to open 
 his letters : but having demanded, whether what the Earl of Denbigh 
 had said were the sense of them all, and finding it so to be, 
 " Well then, (said the King), I will shew it you, on condition you will 
 " promise not to acquaint any one with the substance of it, before you 
 " have delivered it to the parliament ; " which they consenting to, he 
 desired the company might withdraw. The commissioners proposed, 
 that the Governor, Col. Hammond, might be permitted to stay; 
 which the King being unwilling to allow, yet not thinking it conveni- 
 ent to refuse, gave way to ; and by this means the Governor, as well 
 as the commissioners, came to understand, that the King had waved 
 the interests both of the parliament and army, to close with the Scots ; 
 the substance of his letter being an absolute refusal of his consent to 
 the four bills presented to him. The impression which the discovery 
 of these things made upon the Governor was so great, that, before he 
 departed from Carisbrook, to accompany the parliament's commis- 
 sioners to Newport, he gave orders for a strict guard to be kept in his 
 absence ; and, at his return, commanded the gates to be locked up, 
 and the guards to be doubled, sitting up himself with them all night ; 
 whereby the King's intended escape was obstructed. The next 
 morning he ordered the King's servants to remove, not excepting Dr. 
 Hammond his own kinsman; who, taking leave of the King, 
 acquainted him, that they had left the Captain of the frigat, and two 
 
 217 
 
38 ^ttttflfrbfilf Jbocittg l^^rttttiS. 
 
 trusty Gentlemen of the island, to assist him in his escape, assuring 
 him they would have all things in readiness on the other side of the 
 water to receive him. At their departure the King commanded them 
 to draw up a declaration, and send it to him the next morning to 
 sign ; which they did, and it was afterwards published in the King's 
 name. When they came to Newport, one Capt. Burleigh caused a 
 drum to beat, to draw people together in order to rescue the King : 
 but there were few, besides women and children, that followed him, 
 having but one musket amongst them all ; so that the King's servants 
 thought not fit to join with or encourage them ; but went over to the 
 other side, where they continued about three weeks expecting the 
 King's arrival ; leaving Capt. Burleigh, who, with divers of his fol- 
 lowers, was committed to jail. Upon the return of the King's nega- 
 tive to the four previous bills before mentioned, the parliament voted, 
 " That no further addresses should be made to the King by themselves, 
 " or any other person, without the leave of both houses ; and that if 
 " any presumed so to do, they should incur the guilt of high treason.'' 
 They also published a declaration, prepared by Col. Nathanael Fienes, 
 shewing the reasons of their said resolutions ; wherein, amongst other 
 miscarriages of the King's reign, was represented his breaking of 
 parliaments, the betraying of Rochelle, his refusal to suffer any 
 inquiry to be made into the death of his father, his levying war 
 against the people of England, and his rejecting all reasonable offers 
 of accommodation, after six several applications to him on their part. 
 Col. Rainsborough was appointed Admiral of the fleet ; and Mr. 
 Holland, myself, and another member of the house of Commons, sent 
 down to the head quarters at Windsor, with orders to discharge from 
 custody Capt. Reynolds, and some others called in derision levellers, 
 who had been imprisoned by the army for attempting to bring about 
 that which they themselves were now doing ; and to exhort the offi- 
 cers to contribute the best of their endeavours towards a speedy 
 settlement. 
 
 The Scots, in pursuance of their treaty with the King, made what 
 preparations they could to raise an army ; wherein the Presbyterians 
 and cavaliers joined, though with different designs. The same spirit 
 began to appear also in England ; many of our ships revolting to the 
 King, at the instigation of one Capt. Batten, who had been Vice- 
 
 218 
 
Smjprissonm^nt anii SItath of itttts €itarl(s( S. 39 
 
 Admiral to the parliament, and others, encouraged by the city and 
 the Presbyterian party. The seamen on board the ship commanded 
 by Col. Rainsborough, refused to receive him ; having before-hand 
 secured one of my brothers, with others, whom they suspected to be 
 faithful to their commander. The Earl of Warwick, as most accept- 
 able to them, was appointed to go down to reduce them to obedience ; 
 by which means part of the fleet was preserved to the parliament, 
 who immediately issued out orders for the fitting out of more ships 
 to reinforce them. With the revolted ships Prince Charles blocked 
 up the mouth of the river ; and, about the same time, his brother the 
 Duke of York, who, upon the surrender of Oxford, had been brought 
 by order of the parliament to St. James's, and provision made for 
 him there, escaped from thence to serve the King's designs. The 
 castles of Deal and Sandwich declared also for the King ; and Col. 
 Rich was sent with a party of the army to reduce them. In the 
 mean time, Lt-Gen. Cromwel, not forgetting himself, procured a 
 meeting of divers leading men amongst the Presbyterians and Inde- 
 pendents, both members of parliament and ministers, at a dinner in 
 Westminster, under pretence of endeavouring a reconciliation be- 
 ween the two parties. But he found it a work too difficult for him 
 to compose the differences between these two ecclesiastical interests ; 
 one of which would endure no superior, the other no equal : so that 
 this meeting produced no effect. Another conference he contrived 
 to be held in King-street, between those called grandees of the house 
 and army, and the commonwealth's men ; in which the grandees, of 
 whom Lt-Gen. Cromwel was the head, kept themselves in the clouds, 
 and would not declare their judgments either for a monarchical, 
 aristocratical, or democratical government ; maintaining, that any of 
 them might be good in themselves, or for us, according as Providence 
 should direct us. The commonwealth's men declared, that monarchy 
 was neither good in itself, nor for us. That it was not desirable in 
 itself, they urged from the 8th chapter and 8th verse of the ist book 
 of Samuel; where the rejecting of the judges, and the choice of a 
 King, was charged upon the Israelites by God himself as a rejection 
 of him ; and from another passage in the same book, where Samuel 
 declares it to be a great wickedness ; with divers more texts of scrip- 
 ture to the same effect. And that it was no way conducing to the 
 interest of this nation, was endeavoured to be proved by the infinite 
 
 219 
 
40 auttserbslp aocttta m^iirintis. 
 
 mischiefs and oppressions we had suffered under it, and by it : that 
 indeed our ancestors had consented to be governed by a single person, 
 but with this proviso, That he should govern according to the direc- 
 tion of the law ; which he always bound himself by oath to perform : 
 that the King had broken this oath, and thereby dissolved our 
 allegiance ; protection and obedience being reciprocal : that having 
 appealed to the sword for the decision of the things in dispute, and 
 thereby caused the effusion of a deluge of the people's blood, it 
 seemed to be a duty incumbent upon the representatives of the 
 people, to call him to an account for the same ; more especially since 
 the controversy was determined by the same means which he had 
 chosen ; and then to proceed to the establishment of an equal com- 
 monwealth, founded upon the consent of the people, and providing 
 for the rights and liberties of all men, that we might have the hearts 
 and hands of the nation to support it, as being most just, and in all 
 respects most conducing to the happiness and prosperity thereof 
 Notwithstanding what was said, Lt-Gen. Cromvvel, not for want of 
 conviction, but in hopes to make a better bargain with another party, 
 professed himself unresolved ; and, having learned what he could of 
 the principles and inclinations of those present at the conference, 
 took up a cushion, and flung it at my head, and then ran down the 
 stairs ; but I overtook him with another, which made him hasten 
 down faster than he desired. The next day, passing by me in the 
 house, he told me he was convinced of the desirableness of what was 
 proposed, but not of the feasibleness of it ; thereby, as I suppose, 
 designing to encourage me to hope, that he was inclined to join with 
 us, though unwilling to publish his opinion, lest the grandees should 
 be informed of it, to whom I presume he professed himself to be of 
 another judgment. 
 
 Much time being spent since the parliament had voted no more 
 addresses to be made to the King, nor any messages received from 
 him, and yet nothing done towards bringing the King to a trial, or 
 the setding of affairs without him ; many of the people, who had 
 waited patiently hitherto, finding themselves as far from a settlement 
 as ever, concluded, that they should never have it, nor any ease from 
 their burdens and taxes, without an accommodation with the King ; 
 and therefore entered into a combination through England, Scotland, 
 
fimprtsomtttitt anlr Beatii of Hins ©liarlfst i. 41 
 
 and Ireland, to restore him to his authority. To this end petitions 
 were promoted throughout all countries; the King, by his agents, 
 fomenting and encouraging this spirit by all means possible ; as 
 appeared by his intercepted letters. So that Lt-Gen. Cromwel, who 
 had made it his usual practice to gratify enemies even with the oppres- 
 sion of those who were by principle his friends, began again to court 
 the commonwealth-party, inviting some of them to confer with him at 
 his chamber : with which acquainting me the next time he came to 
 the house of Commons, I took the freedom to tell him, that he knew 
 how to cajole, and give them good words, when he had occasion to 
 make use of them ; whereat breaking out into a rage, he said, they 
 were a proud sort of people, and only considerable in their own con- 
 ceits. I told him, it was no new thing to hear truth calumniated ; 
 and that, though the commonwealth-men were fallen under his dis- 
 pleasure, I would take the liberty to say, that they had always been, 
 and ever would be, considerable, where there was not a total defection 
 trom honesty, generosity, and all true virtue ; which I hoped was not 
 yet our case. 
 
 The Earl of Warwick, with the fleet equipped for him by the 
 parliament, fell down the river towards the ships commanded by 
 Prince Charles ; who presuming either that he would not fight him, 
 or perhaps come over to him, lay some time in expectation ; but 
 finding, by the manner of his approach, that he was deceived in that 
 particular, he thought it convenient to make all the sail he could for 
 the coast of Holland. Our fleet followed him as far as the Texel ; 
 but, according to the defensive principle of the Nobility, our Admiral, 
 thinking he had sufficiently discharged his duty, by clearing the 
 Downs, and driving the other fleet from our coast, declined to fight^ 
 though he had an opportunity to engage. Deal and Sandwich castles 
 were reduced by Col. Rich ; and many of our revolted ships, not 
 finding things according to their expectation, being constrained to 
 serve under Prince Rupert, instead of the Lord Willoiighby, who 
 they desired might command them, returned to the obedience of 
 the parliament. 
 
 The Scots making all possible preparations to raise an army for the 
 restitution of the King, Sir Thomas Glenham and Sir Marmaduke 
 
42 ^ttngtrbgle Jboctets Utpvints^ 
 
 Langdale went to Scotland to join with them in that enterprize, and 
 to draw what Enghsh they could to promote the design. The first 
 of these seized upon Carlisle by order of the Scots, though contrary 
 to their articles. Whereupon the parhament, thinking it necessary to 
 provide for the security of Berwick, placed a good garrison therein ; 
 and, resolving to reinforce the militia of each county, sent down some 
 of their members to give life to the preparation's. Amongst others I 
 was appointed to go down to the county for which I served ; where 
 we agreed to raise two regiments of foot, and one of horse. In the 
 mean time, the enemy was not idle ; and, taking advantage of the 
 discontents of Capt. Poyer, Governor of Pembroke, they prevailed 
 with him to revolt, and declare for the King. Other disaffected parts of 
 the nation, not yet ready for open opposition, acted with more caution, 
 preparing and encouraging petitions to the parliament for a personal 
 treaty with the King ; of which the principal were Surrey, Essex, and 
 Kent. In Essex they met at Chelmsford in a tumultuous manner, 
 and seized Sir William Masham, and other members of parliament ; 
 who, being ready to use all gentle methods to prevent farther incon- 
 veniences, sent down Mr. Charles Rich, second son to the Earl of 
 Warwick, and Sir Harbottle Grimston, two of their members, to 
 endeavour to quiet that tumultuous spirit ; with instructions and power 
 to promise indemnity to all that should desist from the prosecution of 
 what they desired in this violent way. Which conmiission they man- 
 aged so well, that, upon the promise to present the requests of the 
 petitioners, which were drawn up in writing, to the parliament, and to 
 return them an answer, the people of the country dispersed themselves 
 to their own houses. But the sedition of the Surrey men was not 
 terminated so easily, of whom many hundreds came to the doors of 
 the parliament : and not being satisfied with the answer the parlia- 
 ment thought fit to give to their petition, after they had been heated 
 with drink, and animated by the cavalier-party, they resolved to force 
 from them another answer; and, with intolerable insolence, pressed 
 upon their guard, beating the sentinels to the main guard, which was 
 drawn up at the upper end of Westminster-hall, where they wounded 
 the officer who commanded them ; and, being intreated to desist, 
 became more violent : so that the soldiers were necessitated, in their 
 own defence, and discharge of their duty, to fire upon them ; whereby 
 
 323 
 
Imjjf tgottmettt anH Seath of ittttfl ©liarltsi 5. 43 
 
 two or three of the country-men were killed. Neither did this quiet 
 them, till some horse and foot arrived to strengthen the guard, and 
 dispersed them. Lt-Col. Cobbet, who commanded the guard, being 
 called into the house to give an account of what had passed, went to 
 the bar bleeding from the wounds which he had received, and related 
 the passages before mentioned. But some friends of the petitioners 
 within doors informing the house, that the matter of fact was other- 
 wise than had been represented by the Lieutenant-Colonel, the 
 parliament appointed a committee to examine the truth of it. 
 
 Those of the secluded members who were in England being 
 returned to the house, divers hard words passed between them and 
 others of the parliament. And one day Commissary-General Ireton 
 speaking something concerning them, Mr. Hollis, thinking it to be 
 injurious to them, passing by him in the house, whispered him in the 
 ear, telling him it was false, and he would justify it to be so if he 
 would follow him ; and thereupon immediately went out of the house, 
 with the other following him. Some members who had observed 
 their passionate carriage to each other, and seen them hastily leaving 
 the house, acquainted the parliament with their apprehensions ; 
 whereupon they sent their Serjeant at Arms to command their 
 attendance ; which he letting them understand as they were taking 
 boat to go to the other side of the water, they returned ; and the 
 house taking notice of what they were informed concerning them, 
 injoined them to forbear all words or actions of enmity towards each 
 other, and to carry themselves for the future as fellow-members of the 
 same body ; which they promised to do. 
 
 Lt-Gen. Cromwel, perceiving the clouds to gather on every side, 
 complained to me, as we were walking in the Palace-yard, of the 
 unhappiness of his condition, having made the greatest part of the 
 nation his enemies, by adhering to a just cause. But that which he 
 pretended to be his greatest trouble, was, that many who were engaged 
 in the same cause with him, had entertained a jealousy and suspicion 
 of him ; which he assured me was a great discouragement to him ; 
 asking my advice what method was best for him to take. I could 
 not but acknowledge that he had many enemies for the sake of the 
 cause in which he stood engaged ; and also, that many who were 
 
 223 
 
44 aunserfajtle Soctftfi Uleijrtntss. 
 
 friends to that cause, had conceived suspicions of him. But I 
 observed to him, that he could never oblige the former, without 
 betraying that cause wherein he was engaged ; which if he should do 
 upon the account of an empty title, riches, or any other advantages ; 
 how those contracts would be kept with him, was uncertain ; but 
 most certain it was, that his name would be abominated by all good 
 men, and his memory be abhorred by posterity. On the other side, if 
 he persisted in the prosecution of our just intentions, it was the most 
 probable way to subdue his enemies, to rectify the mistakes of those 
 that had conceived a jealousy of him, and to convince his friends of 
 his integrity : that if he should fall in the attempt, yet his loss would 
 be lamented by all good men, and his name be transmitted to future 
 ages with honour. He seemed to take well what I said ; and it 
 might have been no disservice to him, if he had acted accordingly. 
 But his design was rather to persuade me, for the present, of the 
 rectitude of his intentions, than to receive counsel from me concern- 
 ing his conduct. 
 
 About this time we obtained some advantages in Ireland ; where 
 Col. Michael Jones, who had been ordered by the parliament to 
 command at Dublin when the Earl of Ormond delivered it up, with 
 the forces he had, fought the rebels, though double his number, at 
 Dungon-hill, killed some thousands of them, and totally routed the 
 rest. Of which when the parliament had received information, they 
 ordered 500 1. by year of the forfeited lands in Ireland to be settled 
 upon Col. Jones, as a reward for his good service. In England the 
 defection began to increase ; Capt. Henry Lilburn, who commanded 
 for the parliament in Tinmouth castle, which lies at the mouth of the 
 harbour, and is a key to Newcastle, declared for the King. But 
 notice thereof being brought to Sir Arthur Haslerig at Newcastle, of 
 which town he was Governor ; he, with great expedition, drew down 
 a party before the place, and, attacking it unexpectedly, took it by 
 assault, before the men had been thoroughly confirmed in their 
 revolt by the Governor ; whom he put to the sword, and placed 
 another garrison therein. 
 
 Many of those who had been for the parliament in South-Wales 
 now joining with the King's party, they grew to be a considerable 
 224 
 
Jmpitsonment antj Utath of Hing erftatirs 5. 45 
 
 body ; whereby Maj.-Gen. Laughern, who, upon some suspicion, had 
 been under confinement, was encouraged to get away, and join 
 himself to them ; Maj.-Gen. John Stradling, Sir Henry Stradling, 
 Col. Thomas Stradling, and several other Gentlemen of those parts, 
 falling in with them. Col. Horton, with about 2500 horse, foot, and 
 dragoons, was sent into Wales to engage them ; Lt-Gen. Cromwel 
 following with as many more forces as could be spared from the 
 army ; who, being within three or four days march of Col. Horton, 
 received advice, that the enemy, to the number of about 7000, had 
 engaged the Colonel at St. Faggons in Glamorganshire ; that, upon 
 the first attack, our forces gave ground ; but well considering the 
 danger they were in, the country being full of enemies, and encouraged 
 by their affection to the cause wherein they were engaged, they 
 charged the enemy's van, consisting of the best of their men, with so 
 great bravery and resolution, that they forced them to give way ; 
 which those that were in the rear, who were for the most part new- 
 raised men, perceiving, began to shift for themselves. Upon this 
 ours followed their charge with so much vigour and success, that the 
 whole body of the enemy was soon routed and dispersed. Many of 
 them were killed in the pursuit, and many taken prisoners ; amongst 
 the latter was Maj.-Gen. Stradling, and divers other officers. The 
 news of this success was very welcome to all those that wished well to 
 the public, and proved a great discouragement to the contrary party. 
 
 The petitioners of Surrey drew into a body, and, in conjunction 
 with the Kentish men of the King's party, appointed their rendezvous 
 upon Blackheath. But Sir Thomas Fairfax, with that part of the 
 army which he had with him, disappointed that design, by possessing 
 himself of the ground before them. However, the enemy had 
 brought together a considerable body of men ; many of whom were 
 induced to ccme in, upon assurances given that they should be com- 
 manded by Mr. Hales, a Gentleman of great estate in Kent ; though 
 afterwards the Lord Goring appeared at the head of them, as had 
 been designed from the beginning. Upon the advance of Sir Thomas 
 Fairfax's army, the enemy, who exceeded him in number by one half 
 at least, divided their body, sending one part to possess themselves 
 of Maidstone, and the adjacent places, and another party to block up 
 Dover and other forts upon the coast ; whilst Goring remained with 
 
 225 
 
46 Eungfrbgle ftoctfts *leprtntsi. 
 
 the rest about Rochester. Sir Thomas Fairfax resolving first to 
 attack those about Maidstone, fell upon them, and beat them into the 
 town, which they had fortified before : whereupon though the numbers 
 within the town being at least equal to those without, made it a work 
 of great hazard and difficulty ; yet, considering that those with the 
 Lord Goring exceeded either, and might march to the enemy's relief, 
 ours resolved to storm the place, which they did the night following ; 
 the General, by his own example, encouraging the men to fall on ; 
 who for a good while were not able to make any considerable progress, 
 till Col. Hewson, with his regiment, opened a passage into one of the 
 streets ; where the dispute growing hot, he was knocked down with a 
 musket ; but recovering himself, he pressed the enemy so hard, that 
 they were forced to retreat to their main guard ; and, falling in with 
 them at the same time, so disordered them, that they all began to 
 shift for themselves ; wherein they were favoured by the advantage 
 of the night ; yet many of them were made prisoners, and many 
 killed. Many horses, and all their artillery, fell into the hands of 
 ours. The General, as soon as he had refreshed his men, advanced 
 towards that body commanded by the Lord Goring ; which was much 
 increased in number by the addition of those who escaped from 
 Maidstone ; but not in resolution, being so discouraged with their 
 relation of what had passed there, that, immediately upon our 
 approach, they began to retreat, many of them returning away to their 
 own habitations. Notwithstanding this, a considerable body con- 
 tinuing with the Lord Goring, he sent to the city of London, desiring 
 leave to march through the city into Essex, designing to recruit his 
 men with such of that county as had lately expressed so much 
 affection to the King's interest. The city, though much inclined to 
 have the King received upon terms ; yet not willing absolutely to 
 espouse the cavalier party, especially in a flying posture ; and con- 
 sidering, that there was a great number still amongst them who 
 retained their affection to the public cause, returned a positive denial 
 to Goring : so that he was necessitated to make use of boats, or other 
 means, to transport his men over the river into the county of Essex, 
 A party of horse was sent from the army to keep a guard at Bow- 
 bridge, as well to prevent the disaffected in the city from running to 
 the enemy, as to hinder them from doing anything to the prejudice 
 of London. 
 226 
 
imprtiaionmpnt atiU Beatii of ittng CHarles I. 47 
 
 Lt-Gen. Cromwel, with that part of the army which was with him, 
 besieged the castle and town of Pembroke, whither the principal of 
 that body which fled from St. Faggons had made their retreat. In 
 the mean time the Presbyterian party prevailing in the house, by 
 reason of the absence of divers members who belonged to the army, 
 and were employed in all parts of the nation, discharged from prison 
 those who had been committed upon the account of that force which 
 was put upon the house by the late tumults, and left the parliament 
 to the mercy of their enemies with a very slender guard. The Lord 
 Lisle's commission to be Lord Lieutenant of Ireland expiring at the 
 same time, they refused to renew it : by which means the province of 
 Munster fell into the hands of the Lord Inchiquin, as President ; who 
 made use of the opportunity to displace those officers that had been 
 put in by the Lord Lisle, preferring his own creatures to their employ- 
 ments, to the great prejudice of the English interest in that country. 
 Many others, who were acquainted with his temper and principles, 
 quitted voluntarily. And though he still pretended fidelity to the 
 state of England, yet he expressed himself dissatisfied with the pro- 
 ceedings of the army-party towards him. Some overtures also he had 
 received from the -Irish touching an accommodation : but being 
 straitened by them in his quarters, and therefore advancing with his 
 army towards them, Col. Temple, and some others, yet remaining in his 
 army, being willing to improve the occasion, pressed him so hard to 
 resolve to fight, that he could not well avoid it. At the beginning of 
 the battle the success seemed to be very doubtful: but in the end ours 
 obtained the victory ; some thousands of the enemy being killed, many 
 made prisoners, and all their baggage taken. Not long after this he 
 declared against the parliament, and joined with the Irish rebels. 
 Some of the English officers concurred with him in his declaration. 
 Many left him, and came to the parliament ; who made provision for 
 them, as they had done for those that came away before. Though 
 this conjunction of Inchiquin was not concluded without the King's 
 consent ; yet it was not a proper season for him to condescend so far 
 as they desired : whereby great divisions arose amongst them. For 
 there was a party of old Irish, as they were called, headed principally 
 by Owen Roe O Neal, of whom several were in the supreme council, 
 who, out of an innate hatred to the English government, joined with 
 
 those who would be satisfied with nothing less than to have the Pope 
 
 203 
 
48 ^tingrrbslf Sortttj) lXtpvint&, 
 
 acknowledged to be their only supreme lord : so that not being able 
 to agree, their differences proved very serviceable to the English 
 interest. The like spirit of division appeared amongst our enemies in 
 Scotland : where though the number was great of those that professed 
 their constant adherence to their engagements contained in the cove- 
 nant ; yet when it came to a trial in their convention, the anti-cove- 
 nanters, who were for restoring the King without any terms, carried 
 all before them : so that, instead of the Marquis of Argyll, the Marquis 
 of Hamilton was appointed General of their army, all the inferior 
 officers being of the same mold and principle ; insomuch, that the 
 pulpits, who before had proclaimed this war, now accompanied the 
 army that was preparing to march with their curses: for though they 
 could have been contented, that the Sectarian party, as they called 
 it, should be ruined, provided they could find strength enough to 
 bring in the King themselves ; yet they feared their old enemy more 
 than their new one ; because the latter would only restrain them from 
 lording it over them and others, affording them equal liberty with 
 themselves : whereas the former was so far from that, as hardly to 
 suffer them to be hewers of wood and drawers of water; for those 
 who would have all power, both civil and ecclesiastical, put into one 
 hand, could not possibly agree with such as would have it divided 
 into many. 
 
 These affairs necessitated the parliament to raise the militia, in 
 order to oppose this malevolent spirit which threatened them from 
 the north ; and also prevailed with them to discountenance a charge 
 of high treason, framed by Maj. Huntington, an officer of the army, 
 with the advice of some members of both houses, against Lt-Gen- 
 Cromwel, for endeavouring, by betraying the King, parliament and 
 army, to advance himself; it being manifest, that the preferring this 
 accusation at that time, was principally designed to take him off from 
 his command, and thereby to weaken the army, that their enemies 
 might be the better enabled to prevail against them. 
 
 The design of the King's escape was still carried on ; but, by the 
 vigilance of the Governor of the Isle of Wight, and his officers, it was 
 discovered and prevented. The next morning after the discovery, 
 they found the iron bars of the King's chamber-window eaten through 
 
 228 
 
$mprtSonmtnt anU litatU of Utits CftarkjS $. 49 
 
 by something applied to them. Wliereupon those who were to have 
 been instrumental in his escape, not knowing otherwise how to 
 revenge themselves on those who had defeated their enterprize, 
 accused Maj. Rolfe, a Captain in that garrison, very active and vigi- 
 lant in his charge, of a design to kill the King; raising such a 
 clamour about it, that the parliament thought not fit to decline the 
 putting him upon his trial : but the accusation appearing to the grand 
 jury to be grounded upon malice, they refused to find the bill. 
 About the same time Capt. Burleigh, who had beat a drum at Newport 
 for the rescuing of the King, was brought to his trial ; and the jury 
 having found him guilty of high treason, he was executed according 
 to the sentence. 
 
 Those of the enemy commanded by the Lord Goring who, had 
 fled into Essex, grew to a considerable number: but being new-raised 
 men, and not well acquainted one with another, upon the advance of 
 our army retreated to Colchester, with a body so much exceeding 
 ours, which pursued and besieged them in that place, that Commis- 
 sary-General Ireton compared the town, and those therein, to a great 
 bee-hive, and our army to a small swarm of bees sticking on one side 
 of it. But the number of ours was soon increased by the forces 
 which the well affected in the counties of Essex, Suffolk, Norfolk, 
 and Cambridge, sent to their assistance. 
 
 The Earl of Holland, who at the beginning of the parliament had 
 appeared active for them, and afterwards leaving them, had gone to 
 the King "at Oxford, when he supposed him to grow strong; then 
 again returning to the parliament upon the declining of the King's 
 affairs, publishing a declaration at his coming to London, that he 
 left the King because he saw the Irish rebels so eminently favoured 
 by him ; in this low condition of the parliament, revolted again, and 
 formed a party of looo horse; with which he marched from Loudon, 
 and declared against them, accompanied by the Duke of Bucking- 
 ham, (whose sequestration, upon the account of his minority when 
 he first engaged with the King, the parliament had freely remitted), 
 and the Lord Francis his brother; prevailing also with Dalbeir, 
 formerly Quartermaster-General to the Earl of Essex, to join with 
 
 them. Their rendezvous was appointed to be upon Bansted- downs. 
 
 229 
 
so aungtrbglf ftortetfi Mtpvints. 
 
 But the vigilance of the parliament was such, that a party of horse 
 and foot was soon sent after them, commanded by Sir Michael 
 Lewesey; who without much dispute put those courtly Gentlemen 
 to the rout. The Lord Francis, presuming perhaps that his beauty 
 would have charmed the soldiers, as it had done Mrs. Kirk, for 
 whom he had made a splendid entertainment the night before he left 
 the town, and made her a present of plate to the value of ;^iooo, 
 staid behind his company; where, unseasonably daring the troopers, 
 and refusing to take quarter, he was killed ; and after his death there 
 was found upon him some of the hair of Mrs. Kirk sewed in a piece 
 of ribbon that hung next his skin. The rest fled towards St. Neots, 
 in the county of Huntington ; where, being fallen upon again, they 
 were routed a second time: in which action the parliament's soldiers, 
 to express their detestation of Dalbeir's treachery, hewed him in 
 pieces. The Earl of Holland was taken, and sent prisoner to War- 
 wick castle : but the Duke of Buckingham escaped, and went over 
 to France. 
 
 Pomfret castle being seized by some of the King's party, was 
 besieged by the country, assisted by some of the army. Sir Hugh 
 Cholmondeley commanding at the siege. But the army, finding 
 little progress made therein, ordered Col. Rainsborough with more 
 forces thither ; appointing him to command in the room of Sir Hugh 
 Cholmondeley. Whilst he was preparing for that service, being at 
 Doncaster, ten or twelve miles from Pomfret, with a considerable 
 force in the town, a party of horse dismounting at his quarters, and 
 going up as friends to his chamber, under pretence of having busi- 
 ness with him, seized him first, and, upon his refusal to go silently 
 with them, murdered him. After his death, another commander 
 being appointed in his place to carry on the siege, those in the castle 
 were reduced to such extremities, that some of the most desperate 
 of them resolved, together with their Governor one Morris, who had 
 been page to the Earl of Strafford, to endeavour the breaking, 
 through our forces on horseback : which they attempted. And 
 though most of them were beaten back to the castle by the besiegers, 
 yet this Morris made his way through ; but was afterwards taken as 
 he passed through the country in the disguise of a beggar, and 
 
 230 
 
Itnprtsionmf nt antr IBtatii of Utttg; ecfiarlfsf 5. s i 
 
 carried to York; where he was arraigned before Justice Thorpe, 
 and being found guilty of treason, was executed for the same. 
 
 Lt-Gen. Cromwel, with that part of the army which was with him, 
 besieged the town and castle of Pembroke ; whither the chief of that 
 party that fled from St. Faggons had made their retreat, as I said 
 before : but wanting great guns, he was obliged to send for some to 
 Gloucester, which with much difficulty were brought to him. This 
 place detained the greatest part of our army about six weeks. But it 
 was remarkable, that about the time the Scots were entering into Eng- 
 land, the garrison, for want of provisions, was forced to capitulate 
 and surrender upon articles ; by which some of them were to remain 
 prisoners, and others to be banished into Ireland for three years. 
 Amongst the latter were Col. Thomas Stradling, Sir Henry Stradling, 
 Col. Button, and Maj. Butler ; of the first were, Col. Laughern, Col. 
 Foyer, and Col. Powell. 
 
 Twenty thousand Scots being upon their march into England 
 under the conduct of Duke Hamilton, with about 5000 English com- 
 manded by Sir Marmaduke Langdale ; some of us who had opposed 
 the Lieutenant-General's arbitrary proceedings when we were con- 
 vinced he acted to promote a selfish and unwarrantable design, now 
 thinking ourselves obliged to strengthen his hands in that necessary 
 work which he was appointed to undertake, writ a letter to him, to 
 encourage him, from the consideration of the justice of the cause 
 wherein he was engaged, and the wickedness of those with whom he 
 was to encounter, to proceed with chearfulness ; assuring him, that, 
 notwithstanding all our discouragements, we would readily give him 
 all the assistance we could. The house of Commons declared the 
 Scots who had invaded England to be enemies, and ordered the 
 Lieutenant-General to advance towards them, and fight them. But 
 the Lords, in this doubtful posture of affairs, declined to concur with 
 them in the same. Yet both of them, with the city of London, 
 joined in driving on a personal treaty with the King in the Isle of 
 Wight; and to that end the Lords and Commons revoked the votes 
 for non-addresses ; whereby the King seemed to be on sure ground ; 
 for that if the Scots army failed, he might still make terms with the 
 parliament, The King's party in Colchester were also much encour- 
 
 231 
 
52 ^unsprbDle Soruts Hejpri'nta!. 
 
 aged with hopes of relief from the Scots army, who were very nume- 
 rous, and well furnished with all things but a good cause. To fight 
 this formidable army, the Lieutenant-General could not make up 
 much above 7000 horse and foot ; and those so extremely harrassed 
 with hard service and long marches, that they seemed rather fit for a 
 hospital than a battle. With this handful of men he advanced 
 towards the enemy ; and about Preston in Lancashire both armies 
 met on the 17th of August 1648. The English who were in the 
 Scots army, had the honour of the van, and for a time entertained 
 ours with some opposition; but being vigorously pressed by our men 
 they were forced to retreat to a pass, which they maintained against 
 us, whilst they sent to their General for succours; which he not 
 sending, on purpose, as was said, that the English might be cut off, and 
 his party kept entire to enable him to set up for himself, and give law to 
 both nations, they began to shift for themselves : which made such an 
 impression upon the Scots, that they soon followed their example, 
 retreating in a disorderly manner. Ours followed them so close, 
 that most of their foot threw down their arms, and yielded them- 
 selves prisoners. Many of the principal officers of their foot were 
 taken, with all their artillery, ammunition, and baggage. Hamilton, 
 with 4 or 5000 horse in a body, left the field ; and was pursued by 
 Col. Thorney, a member of parliament, and Colonel of a regiment of 
 horse, a worthy and valiant man ; who following them too close and 
 unadvisedly, run himself upon one of their lances, wherewith he was 
 mortally wounded ; which he perceiving by the wasting of his spirits, to 
 express his affection to his country, and joy for the defeat of the 
 enemy, desired his men to open to the right and left, that he might 
 have the satisfaction to see them run before he died. The enemy's 
 body of horse kept themselves together for some days, roving up and 
 down the country about Leicestershire ; which county the Lord Grey 
 of Grooby had raised, and brought together about 3000 horse and 
 foot to preserve the country from plunder, and to take all possible 
 advantages against the enemy. And tho' a body of horse from the 
 army was in pursuit of the Scots ; yet the Leicestershire party came 
 up first to them at Uttoxeter in Staffordshire, where the body of 
 the enemy's horse was ; and whilst the Scots were treating with the 
 other party from the army, the Lord Grey's men observing no guards 
 kept, entered upon them before any conditions were made ; where- 
 232 
 
JmpriSonmtttt attU la^atii of ittng ®ftarltj8 1. 53 
 
 upon Hamilton surrendered himself to Col. Wayte, an officer of the 
 Leicestershire party, delivering to him his scarf, his George, and his 
 sword ; which last he desired him to keep carefully, because it had 
 belonged to his ancestors. By the two parties the Scots were all 
 made prisoners, and all their horses seized. The Duke of Hamilton 
 was carried prisoner to Windsor castle ; and all their standards of 
 horse and foot were taken, and sent up to London ; where the parlia- 
 ment ordered them to be hung up in Wesminster-hall. The house 
 of Lords who had avoided to declare the Scots enemies whilst their 
 army was entire, now after their defeat prevented the house of Com- 
 mons, and moved that a day might be appointed to give God thanks 
 for this success. The news of this victory being carried to the Isle 
 of Wight, the King said to the Governor, that it was the worst news 
 that ever came to England : to which he answered, That he thought 
 the King had no cause to be of that opinion ; since if Hamilton had 
 beaten the English, he would certainly have possessed himself of the 
 thrones of England and Scotland. The King presently replied, 
 "You are mistaken; I could have commanded him back with 
 "the motion of my hand." Which whether he could do or no, was 
 doubtful ; but whatever reasons he had for this opinion, it seemed 
 very unseasonable to own it openly in that conjuncture. Lt-Gen. 
 Cromwel marched with part of his army to Edinburgh ; where he 
 dispossessed the Hamiltonian party of their authority, and put the 
 power into the hands of the Presbyterians ; by whom he was received 
 with great demonstrations of joy. And tho' lately they looked upon 
 the Independent party as the worst of their enemies, yet now they 
 owned and embraced them as their best friends and deliverers ; and 
 having notice given them, that the English army was about to return 
 into England, they prevailed with the Lieutenant-General to leave 
 Maj.-Gen. Lambert with a body of horse, till they could raise more 
 forces to provide for their own safety. 
 
 The treaty with the King being pressed with more heat than ever, 
 and a design visibly appearing to render all our victories useless 
 thereby ; by the advice of some friends I went down to the army, 
 which lay at that time before Colchester : where attending upon the 
 General, Sir Thomas Fairfax, to acquaint him with the state of affairs 
 at London, I told him, that a design was driving on to betray the 
 
 233 
 
54 ilungerfaglr Jboctf tg IXtpnittss. 
 
 cause in which so much of the people's blood had been shed ; that 
 the King being under a restraint, would not account himself obliged 
 by anything he should promise under such circumstances ; assuring 
 him, that most of those who pushed on the treaty with the greatest 
 vehemency, intended not that he should be bound to the performance 
 of it, but designed principally to use his authority and favour in 
 order to destroy the army; who, as they had assumed the power, 
 ought to make the best use of it, and to prevent the ruin of them- 
 selves and the nation. He acknowledged what I said to be true ; 
 and declared himself resolved to use the power he had, to maintain 
 the cause of the public, upon a clear and evident call, looking upon 
 himself to be obliged to pursue the work which he was about. Per- 
 ceiving by such a general answer that he was irresolute, I went to 
 Commissary-General Ireton, who had a great influence upon him, and 
 having found him, we discoursed together upon the same subject ; 
 wherein we both agreed that it was necessary for the army to inter- 
 pose m this matter, but differed about the time; he being of opinion, 
 that it was to permit the King and the parliament to make an agree- 
 ment, and to wait till they had made a full discovery of their inten- 
 tions, whereby the people becoming sensible of their own danger, 
 would willingly join to oppose them. My opinion was, that it would 
 be much easier for the army to keep them from a conjunction, than 
 to oppose them when united ; it being highly probable, that the first 
 things they would fall upon after their union, would be such as were 
 most taking with the people, in order to oblige them to assist in the 
 disbanding of the army, under pretence of lessening their taxes : and 
 then if the army should in any manner signify a dislike of their pro- 
 ceedings, they would be esteemed by the majority of the people, to 
 be disturbers of the public peace, and accused of designing nothing 
 save their own particular advantages. 
 
 The King's party in Colchester expecting to be included in the 
 peace which was treating between him and the parliament, held out 
 to the utmost ; but being in extreme want of provisions, and destitute 
 of all hopes of relief since the defeat of the Scots, they were forced 
 to surrender, on the 28th of August 1648, upon articles; whereby 
 some of the principal of them being prisoners at discretion, the court- 
 martial assembled, and condemned Sir Charles Lucas, Sir George 
 
Smpnsioumrnt atiH Btatii of ^iriQ CHarlrjet I. s 5 
 
 Lisle, and Sir Barnard Gascoin, to die ; the last of whom being a 
 foreigner, was pardoned, and the other two were shot to death 
 according to the sentence. The Lord Goring and the Lord Capel 
 were sent prisoners to London, and committed to the Tower by an 
 order of the parliament. 
 
 The two houses finding things in this posture, hastened the depar- 
 ture of their commissioners to the Isle of Wight, with powers and 
 instructions to treat with the King ; who principally insisted on that 
 article concerning Bishops, whom he accounted to be by divine right, 
 or rather essentially necessary to the support of arbitrary power. 
 Whereupon Ministers of each side were appointed to dispute touching 
 that subject, in order to satisfy the King's conscience. But the army 
 having now wonderfully dispersed their enemies on every part, began 
 to consider how to secure themselves and the common cause against 
 the councils that were carried on in opposition to them, under pre- 
 text of making peace with the King ; and to that end drew up a 
 declaration at St Alban's, dated the i6th of November 1648, shewing. 
 That the grounds of their first engagement was, to bring delinquents 
 to justice; that the King was guilty of the blood shed in the first and 
 second war, and that therefore they could not trust him with the 
 government. This remonstrance they presented to the parhament on 
 the 20th of November 1648. The King and parliament, seeing this 
 cloud beginning to gather, endeavoured by all means possible to 
 hasten their treaty to a conclusion. The army also were not wanting 
 to fortify themselves against that shock; sending some of their own 
 number to those members of parliament whom they esteemed most 
 faithful to the common cause, to invite them down to the army, after 
 they should in a public manner have expressed their dissatisfaction 
 to the proceedings of those who had betrayed the trust reposed in 
 them by the good people of England ; and declared, that finding it 
 impossible to be any farther serviceable in parliament, they had 
 resolved to repair to the army, in order to procure their assistance in 
 settUng the government of the nation upon a just foundation. At a 
 meeting of some members of parliament with the said officers from 
 the army, it was resolved. That tliough the way proposed by them 
 might be taken in case all other means failed; yet, seeing there was 
 more than a sufficient number of members in the parliament to make 
 
 235 
 
$6 ^xmstvb^U Society: Stfjinnts. 
 
 a house, who were most affectionate to the public cause, it would be 
 more proper for the army to relieve them from those who rendered 
 them useless to the public service, thereby preserving the name and 
 place of the parliament, than for the members thereof to quit 
 their stations wherein they were appointed to serve, and to leave the 
 civil authority in the hands of those who would be ready to fall in 
 with any power that would attempt to frustrate what should be agreed 
 on by them and the army. In prosecution of this result, the army 
 drew to Colebrook ; from whence Commissary-General Ireton sent 
 me word, that now he hoped they should please me : which I must 
 acknowledge they did by the way which they were taking ; not from 
 any particular advantages that I expected from it, except an equal 
 share of security with other men ; but that the people of England 
 might be preserved in their just rights, from the oppressions of violent 
 men ; the question in dispute between the King's party and us being, 
 as I apprehended, " Whether the King should govern as a god by his 
 " will, and the nation be governed by force like beasts ? or. Whether 
 " the people should be governed by laws made by themselves, and 
 " live under a government derived from their own consent ?" being 
 fully persuaded, that an accommodation with the King was unsafe to 
 the people of England, and unjust and wicked in the nature of it. 
 The former, besides that it was obvious to all men, the King himself 
 had proved, by the duplicity of his dealing with the parliament ; 
 which manifestly appeared in his own papers taken at the battle of 
 Naseby, and elsewhere. Of the latter I was convinced by the express 
 words of God's Law : " That blood defileth the land, and the land 
 " cannot be cleansed of the blood that is shed therein, but by the 
 " blood of him that shed it." Numb. xxxv. 33. And therefore I could 
 not consent to the counsels of those who were contented to leave the 
 guilt of so much blood upon the nation, and thereby to draw down 
 the just vengeance of God upon us all ; when it was most evident, 
 that the war had been occasioned by the invasion of our rights, and 
 open breach of our laws and constitution on the King's part. 
 
 The commissioners that were appointed to manage the treaty 
 with the King, returned with the King's answer, containing neither 
 a positive grant, nor an absolute denial. As to the Bishops, he still 
 retained his principle of their divine right, and therefore declared 
 
 236 
 
fimprijsonmpttt anU ISratfi of Hing Chatltsi 5. S7 
 
 that he could not dispense with the abolition of them : but for pre- 
 sent satisfaction, hoping by giving ground, to gain a better oppor- 
 tunity to serve them, he consented, that those who had bought their 
 lands, should have a lease of them for some years : and for satisfac- 
 tion for the blood that had been shed, he was willing that six should 
 be excepted ; but withal care was taken, that they should be such as 
 were far enough from the reach of justice. By another article, the 
 militia was to remain in the parliament for ten years ; thereby imply- 
 ing, if I mistake not, that the right of granting it was in the King, 
 and consequently that we had done him wrong in contending with 
 him for it. By such ways and means did some men endeavour to 
 abuse the nation. 
 
 Some of our commissioners who had been with the King, pleaded 
 in the house for a concurrence with him, as if they had been 
 employed by him ; though others with more ingenuity acknowledged, 
 that they would not advise an agreement upon those terms, were it 
 not to prevent a greater evil that was like to ensue upon the refusal 
 of them. But Sir Henry Vane so truly stated the matter of fact 
 relating to the treaty, and so evidently discovered the design and 
 deceit of the King's answer, that he made it clear to us, that by it 
 the justice of our cause was not asserted, nor our rights secured for 
 the future; concluding, that if they should accept of these terms 
 without the concurrence of the army, it would prove but a feather in 
 their caps. Notwithstanding which, the corrupt party in the house, 
 having bargained for their own and the nation's liberty, resolved to 
 break through all hazards and inconveniences to make good their 
 contract, and, after twenty four hours debate, resolved by the plurality 
 of votes, "That the King's concessions were ground for a future 
 " settlement." At which some of us expressing our dissatisfaction, 
 desired that our protestation might be entered. But that being 
 denied, as against the orders of the house, I contented myself to 
 declare publicly, that, being convinced that they had deserted the 
 common cause and interest of the nation, I could no longer join 
 with them; the rest of those who dissented, also expressing them- 
 selves much to the same purpose. The day following, some of the 
 principal officers of the army came to London, with expectation that 
 things would be brought to this issue. And consulting with some 
 
 237 
 
58 ^ttttstrbgU Sonets l^tpvints. 
 
 members of parliament and others, it was concluded, after a full and 
 free debate. That the measures taken by the parliament were con- 
 trary to the trust reposed in them, and tending to contract the guilt 
 of the blood that had been shed, upon themselves and the nation : 
 that it was therefore the duty of the army, to endeavour to put a 
 stop to such proceedings ; having engaged in the war, not simply as 
 mercenaries, but out of judgment and conscience, being convinced 
 that the cause in which they were engaged was just, and that 
 the good of the people was involved in it. Being come to this 
 resolution, three of the members of the house, and three of the 
 officers of the army, withdrew into a private room, to consider of the 
 best means to attain the ends of our said resolution; where we agreed, 
 That the army should be drawn up the next morning, and guards 
 placed in Westminster-hall, the court of requests, and the lobby; that 
 none might be permitted to pass into the house but such as had con- 
 tinued faithful to the public interest. To this end, we went over the 
 names of all the members one by one, giving the truest characters 
 we could of their inclinations ; wherein I presume we were not 
 mistaken in many. For the parliament was fallen into such factions 
 and divisions, that any one who usually attended and observed the 
 business of the house, could, after a debate upon any question, 
 easily number the votes that would be on each side, before the ques- 
 tion was put. Commissary-General Ireton went to Sir Thomas Fair- 
 fax, and acquainted him with the necessity of this extraordinary way 
 of proceeding ; having taken care to have the army drawn up the 
 next morning by seven of the clock. Col. Pride commanded the 
 guard that attended at the parliament-doors, having a list of those 
 members who were to be excluded ; preventing them from entering 
 into the house, and securing some of the most suspected under a 
 guard provided for that end ; in which he was assisted by the Lord 
 Grey of Grooby and others, who knew the members. To justify these 
 proceedings, the army sent a message to the house, representing, 
 That whereas divers members had been expelled the house upon 
 account of the violence done to the parliament by the city of London 
 and others, in 1647 ; yet, upon the absence of many well-affected 
 members, by reason of their employments in the army and elsewhere 
 against the enemy, the said persons were readmitted without any trial 
 or satisfaction in the things whereof they were accused ; wherebv the 
 238 
 
Imprtgionmtttt antj latatft of iitng echarlps fi. 59 
 
 Scots had been drawn to invade this kingdom, and the house pre- 
 vented by the intruders aud their accomplices from declaring against 
 the invaders, who had made up the number of ninety odd votes to 
 that purpose : and whereas, by the prevalency of the same corrupt 
 councils, justice had been obstructed, and a settlement of affairs 
 hindered : and, lastly, the King's concessions declared to be a ground 
 for the settlement of peace, notwithstanding the insufficiency and 
 defects of them : they therefore most humbly desired, that all those 
 members who are innocent in these things, would by a public declara- 
 tion acquit themselves from any guilt thereof, or concurrence therein ; 
 and that those who shall not so acquit themselves, may be excluded 
 or suspended the house till they have given clear satisfaction therein ; 
 that those who have faithfully performed their trust, may proceed 
 without interruption to the execution of justice; and to make speedy 
 provision for an equal succession of representatives, wherein differ- 
 ences may be composed, and all men comfortably acquiesce : as they 
 for their parts thereby engaged and assured them they would. The 
 house, wherein there was about six score, was moved to send for 
 those members who were thus excluded by the army ; which they did, 
 as I presume, rather upon the account of decency, than from any 
 desire they had that their message should be obeyed ; and that it 
 might clearly appear, that this interruption proceeded from the army, 
 and not from any advice of the parliament ; to the end that what they 
 should act separately, might be esteemed to be only in order to pre- 
 vent such inconveniences as might otherwise fall upon the nation, if 
 the whole power should be left in the hands of an army ; and that 
 their actions appearing to be founded upon this necessity, they might 
 the better secure the respect and obedience of the people. Upon 
 such considerations, when the Serjeant returned, and acquainted 
 them, that the excluded members were detained by the army, the 
 house proceeded in the business before them. 
 
 Lt-Gen. Cromwel the night after the interruption of the house 
 arrived from Scotland, and lay at Whitehall; where, and at other 
 places, he declared that he had not been acquainted with this design; 
 yet since it was done, he was glad of it, and would endeavour to 
 maintain it. 
 
 Maj.-Gen. Harrison being sent by the army with a party of horse 
 
 239 
 
6o ilttttgrrbale Soctrta mtpn'nts. 
 
 to bring the King from the Isle of Wight, Col. Hammond, who was 
 intrusted with the custody of him by the parliament, disputed to 
 deliver him ; but finding that those about him inclined to comply, he 
 thought it not convenient to make any farther opposition. So that 
 the King was conducted from the island to Hurst Castle, and from 
 thence to Windsor, by Maj.-Gen. Harrison. Being on his way, he 
 dined at Mr. Leviston's in Bagshot park, who had provided a horse 
 for him to make his escape : but this design also was discovered, and 
 prevented. The King being at Windsor, it was debated what should 
 be done with him. The army were for bringing him to a trial, for 
 levying war against the parliament and people of England ; and the 
 common council of the city of London presented a petition to the 
 parliament, by the hands of Col. Titchburn, to that effect. But some 
 of the commonwealth's men desired, that before they consented to 
 that method, it might be resolved what government to establish, 
 fearing a design in the army to set up some one of themselves in his 
 room. Others endeavoured to persuade them, that the execution of 
 justice ought to be their first work, in respect of their duty to God 
 and the people ; that the failure therein had been already the 
 occasion of a second war, which was justly to be charged on the 
 parliament for neglecting that duty ; that those who were truly 
 commonwealth's men, ought to be of that opinion, as the most 
 probable means to obtain their desires in the establishment of an 
 equal and just government ; and that the officers of the army, who 
 were chiefly to be suspected, could not be guilty of so much 
 impudence and folly, to erect an arbitrary power in any one of them- 
 selves, after they had in so public a manner declared their detestation 
 of it in another. 
 
 In order to the accomplishment of the important work which the 
 house of Commons had now before them, they voted, "That by the 
 " fundamental laws of the land, it is treason for the King of England 
 " for the time being, to levy war against the parHament and kingdom." 
 To which the Lords not concurring, they passed it the next day with- 
 out their consent; and the day after declared, "That the people are, 
 " under God, the original of all just power ; that the house of Com- 
 " mons, being chosen by, and representing the people, are the 
 " supreme power in the nation; that whatsoever is enacted or declared 
 
 240 
 
Sm)irt.s(onmmt antj Brath of ittng Charleis $. 6i 
 
 " for law by the Commons in parliament, hath the force of a law, 
 " and the people are concluded thereby, though the consent of King 
 " or Peers be not had thereto." 
 
 This obstruction being removed, several petitions were brought to 
 the parliament, for so the house of Commons now styled themselves, 
 from the city of London, borough of Southwark, and most of the 
 counties in England, requesting that the King might be brought to 
 justice : in order to which, they passed an act, authorising the 
 persons therein named, or any thirty of them, to proceed to the 
 arraignment, condemnation or acquittal of the King ; with full power, 
 in case of condemnation, to proceed to sentence, and to cause the 
 said sentence to be put in execution. 
 
 This high court of justice met on the 8th of January 1648, in the 
 Painted chamber, to the number of about fourscore, consisting chiefly 
 of members of Parliament, ofificers of the army, and gentlemen of the 
 country ; where they chose Serjeant Aske, Serjeant Steel, and Dr. 
 Dorrislaus, to be their counsel ; Mr. John Coke of Gray's-Inn to be 
 their Solicitor, and Mr Andrew Broughton their Secretary ; and sent 
 out a precept, under their hands and seals, for proclaiming the court 
 to be held in Westminster-hall on the loth of the said month ; which 
 was performed accordingly by Serjeant Dendy, attended by a party 
 of horse, in Cheapside, before the Old Exchange, and in Westminster- 
 hall. On the loth, they chose Serjeant Bradshaw to be their Presi- 
 dent, with Mr. Lisle and Mr. Say to be his assistants. And a charge 
 of high treason being drawn up against the King, the court appointed 
 a convenient place to be prepared at the upper end of Westminster- 
 hall for his public trial, directing it to be covered with scarlet cloth, 
 and ordered twenty halberdiers to attend the President, and thirty 
 the King. 
 
 All things being thus prepared for the trial, the King was con- 
 ducted from Windsor to St. James's. From whence, on the 20th of 
 January, he was brought to the bar of the high court of justice; 
 where the President acquainted the King with the causes of his 
 being brought to that place : for that he, contrary to the trust 
 reposed in him by the people, to see the laws put in execution for 
 
 241 
 
62 itttUQerbalf Sorteta Mf^pritits;. 
 
 their good, had made use of his power to subvert those laws, and to 
 set up his will and pleasure as a law over them : that, in order to 
 effect that design, he had endeavoured the suppression of parlia- 
 ments, the best defence of the people's liberties : that he had levied 
 war against the parliament and people of England, wherein great 
 numbers of the good people had been slain ; of which blood the 
 parliament presuming him guilty, had appointed this high court of 
 justice for the trial of him for the same. Then turning to Mr. 
 Broughton, clerk of the court, he commanded him to read the 
 charge against the King; who, as the clerk was reading the charge, 
 interrupted him, saying, " I am not intrusted by the people, they are 
 " mine by inheritance ;" demanding by what authority they brought 
 him thither. The President answered. That they derived their 
 authority from an act made by the Commons of England assembled 
 in parliament. The King said. The Commons could not give an 
 oath ; that they were no court, and therefore could make no act for 
 the trial of any man, much less of him their sovereign. It was 
 replied. That the Commons assembled in parliament could acknow- 
 ledge no other sovereign but God; for that upon his and the people's 
 appeal to the sword for the decision of their respective pretensions, 
 judgment had been given for the people ; who, conceiving it to be 
 their duty not to bear the sword in vain, had appointed the court to 
 make inquisition for the blood that had been shed in that dispute. 
 Whereupon the President, being moved by Mr. Solicitor Coke, in 
 the name, and on the behalf of the good people of England, com- 
 manded the clerk of the court to proceed in the reading of the 
 charge against him. Which being done, the King was required to 
 give his answer to it, and to plead Guilty or Not guilty. The King 
 demurred to the jurisdiction of the court; affirming that no man, nor 
 body of men, had power to call him to an account, being not 
 intrusted by man, and therefore accountable only to God for his 
 actions ; entering upon a large discourse of his being in treaty with 
 the parliament's commissioners at the Isle of Wight, and his being 
 taken from thence he knew not how, when he thought he was come 
 to a conclusion with them. This discourse seeming not to the pur- 
 pose, the President told him, that as to his plea of not being account 
 able to man, seeing God, by his providence, had over-ruled it, the 
 court had resolved to do so also ; and that if he would give no other 
 242 
 
ImpniSottnicnt anU BtatJi of ittng ©iiarlps JP. 63 
 
 answer, that which he had given should be registered; and they 
 would proceed as if he had confessed the charge. In order to which, 
 the President commanded his answer to be entered ; directing 
 Serjeant Dendy, who attended the court, to withdraw the prisoner ; 
 which, as he was doing, many persons cried out in the hall, J^ustice, 
 'jl^ustice. The King being withdrawn, the court adjourned into the 
 Painted chamber, to consider what farther was fit to be done ; and 
 being desirous to prevent all objections tending to accuse them of 
 haste or surprise, they resolved to conveen him before them publicly 
 twice more : after which, if he persisted in his demurrer to the jurisdic- 
 tion of the court then to give judgment against him. And that nothing 
 might be wanting, in case he should resolve to plead, they appointed 
 witnesses to be examined to every article of the charge. At the 
 King's second appearance before the court, which was on the 22 nd 
 of January, he carried himself in the same manner as before. 
 Whereupon his refusal being again entered, and he withdrawn, the 
 court adjourned to the Painted chamber. On the 23d of January, 
 the King was brought a third time before the commissioners ; where 
 refusing to plead, as he had done before, his refusal was entered ; 
 and witnesses examined pubUcly, to prove the charge of his levying 
 war against the parliament. After which, Solicitor-General Coke 
 demanded of the court, that they would proceed to the pronouncing 
 of sentence against the prisoner at the bar. Whereupon the court 
 adjourned into the Painted chamber ; and upon serious considera- 
 tion, declared the King to be a tyrant, traitor, murderer, and a 
 public enemy to the commonwealth : that his condemnation extend 
 unto death, by severing his head from his body ; and that a sentence 
 grounded upon those votes be prepared ; which being agreed upon, 
 the King should be ordered on the next day following to receive it. 
 The sentence being ingrossed, was read on the 27th of January: and 
 thereupon the court resolved. That the same should be the sentence, 
 which should be read and published in Westminster-hall the same 
 day ; that the President should not permit the King to speak after 
 the sentence pronounced ; that he should openly declare it to be the 
 sense and judgment of the court; and that the commissioners should 
 signify their consent by standing up. In the afternoon, the King was 
 brought to the bar, and desired that he might be permitted to m.ake 
 one proposition before they proceeded to sentence ; which he 
 
 243 
 
64 ^ttitgerbgle Soctets l^f printsJ. 
 
 earnestly pressing, as that which he thought would tend to the 
 reconcilling of all parties, and to the peace of the three kingdoms, 
 they permitted him to offer it. The effect of which was, that he 
 might meet the two houses in the Painted chamber, to whom he 
 doubted not to offer that which should satisfy and secure all interests; 
 designing, as I have been since informed, to propose his own resigna- 
 tion, and the admission of his son to the throne, upon such terms as 
 should have been agreed upon. This motion being new and 
 unexpected to the court, who were not willing to deny or grant any 
 thing without serious deliberation, they withdrew to consider of it 
 into the inner court of wards : and being satisfied, upon debate, that 
 nothing but loss of time would be the consequence of it, they returned 
 into the court with a negative to his demand ; telling him. That they 
 met there as a court of justice, commissionated by the parliament, of 
 whose authority they were fully satisfied : that, by their commission, 
 they were not authorised to receive any proposals from him, but to 
 proceed to the trial of him : that, in order thereto, his charge had 
 been read to him ; to which, if he would have pleaded, the counsel 
 for the commonwealth were ready to have proved it against him : 
 that he had thrice demurred to the jurisdiction of the court ; which 
 demurrer the court had over-ruled, and registered; ordering to pro- 
 ceed against him, as if he had confessed the charge : and that if he 
 had any proposition to make, it was proper for him to address it to 
 the parliament, and not to them. Then the President enlarged upon 
 the horrid nature of those crimes of which he had been accused, and 
 was now convicted ; declaring. That the only just power of Kings was 
 derived from the consent of the people : that whereas the people had 
 intrusted him to see their laws put in execution, he had endeavoured, 
 throughout the whole courseof his reign, to subvert those good laws, and 
 to introduce an arbitrary and tyrannical government in the room of 
 them : that, to cut off all hopes of redress, he had attempted, from 
 the beginning of his reign, either wholly to destroy parhaments, or to 
 render them only subservient to his own corrupt designs: that though 
 he had consented, the public necessities so requiring, that this parlia- 
 ment should not be dissolved but by an act of themselves, he had 
 levied war against them, that he might not only dissolve them, but, 
 by the terror of his power, for ever discourage such assemblies from 
 doing their duty : that in this war many thousands of the good people 
 344 
 
Imprtsonmcttt auti BtatU of ittng Cliarlrsi i. 65 
 
 of England had lost their lives : that, in obedience to what God 
 commanded, and the nation expected, the parliament had appointed 
 this court to make inquisition for this blood, and to try him for the 
 same : that his charge had been read to him, and he required to give 
 an answer to it ; which he having thrice refused to do, he acquainted 
 him, that the court had resolved to pronounce sentence against him; 
 and thereupon commanded the clerk to read it ; which he did, being 
 to this effect : That the King, for the crimes contained in the 
 
 CHARGE, SHOULD BE CARRIED RACK TO THE PLACE FROM WHENCE HE 
 CAME, AND THENCE TO THE PLACE OF EXECUTION, WHERE HIS HEAD 
 
 SHOULD BE SEVERED FROM HIS BODY. Which Sentence being read, 
 the commisssioners testified their unanimous assent by their standing 
 up. The King would have spoken something before he was with- 
 drawn ; but being accounted dead in law immediately after sentence 
 pronounced, it was not permitted. The court withdrew also ; and 
 agreed, that the sentence should be put in execution on the Tuesday 
 following, which would be the 30th of January 1648. The King, 
 having refused such Ministers as the court appointed to attend him, 
 desired that Dr. Juxton, late Bishop of London, might be permitted 
 to come to him ; which being granted, and Adjutant-General Allen 
 sent to acquaint the Doctor with the King's condition and desires, 
 he, being altogether unprepared for such a work, broke out into these 
 expressions, " God save me, what a trick is this, that I should have 
 " no more warning, and I have nothing ready ! " but, recollecting 
 himself a little, he put on his scarf, and his other furniture, and went 
 with him to the King ; where, having read the common-prayer, and 
 one of his old sermons, he administered the sacrament to him ; not 
 forgetting to use the words of the confession set down in the liturgy, 
 inviting all those that truly repent to make their confession before the 
 congregation then gathered together ; though there was none present 
 but the King and himself 
 
 The high court of justice appointed a committee to inspect the 
 parts about Whitehall for a convenient place for the execution of the 
 King ; who having made their report, it was agreed, that a scaffold 
 should be erected to that purpose near the Banqueting-house, and 
 order given to cover it with black. The same day, being the 29th of 
 January, they signed a warrant for his execution, to which about 
 
 345 
 
66 ^tmsn-faslf ^octets mtprtnts. 
 
 threescore of the commissioners set their hands and seals ; directing 
 it to Col. Hacker, Col. Hunks, and Col. Phaier, or either of them. 
 The Duke of Gloucester and the Lady EHsabeth waited on the 
 King the same day to take their leave of him. An Extraordinary 
 Ambassador from the United Provinces had his audience in the 
 parliament. His business was, to interceed with them for the life of 
 the King, and to preserve a fair correspondence between England 
 and the States. The next day, about eight in the morning, the King, 
 attended by a guard, was brought from S. James's, through the park, 
 to Whitehall ; where, having drunk a glass or two of red wine, and 
 staid about two hours in a private room, he was conducted to the 
 scaffold out of a window of the Banqueting-house ; and having made 
 a speech, and taken off his George, he kneeled down at the block, 
 and the executioner performed his office. The body was ordered to 
 be interred at Windsor. The Duke of Lennox, the Marquis of Hert- 
 ford, the Earls of Southampton and Lindsey, with some others, 
 having leave from the parliament, attended it to the grave. 
 
 246 
 
APPENDIX I. 
 
Propositions delivered to his Majesty 
 
 BY THE 
 
 Earl of Strafford, 
 
 For SECURING of his MAJESTY'S ESTATE, 
 And BRIDLING of PARLIAMENTS, 
 
 And for increase of his revenue inucli more than it is. 
 
 Touching the first, having considered " divers means, I find none 
 so important to strengthen your Majesty's Regal authorities 
 against all oppositions or practices of troublesome spirits, as to fortify 
 your kingdom, by having a fortress in every chief town and important 
 place thereof, furnished with ordnance, munition, and faithful men, 
 as they ought to be, with all other circumstances fit to be digested in 
 a business of this nature. 
 
 Ordering withal the trained soldiers of the country to be united in 
 one dependency with the said forts, as well to secure their begin- 
 nings, as to secure them in any occasion of suspect, and keep their 
 arms for more security; whereby the countries are no less to be 
 brought into subjection than the cities themselves, and consequently 
 the whole kingdom ; your Majesty having, by this course, the power 
 thereof in your own hands. 
 
 The reasons of these suggestions. 
 
 First, That, in policy, it is a greater tye of the people by force and 
 necessity, than merely by love and affection : for by the one the 
 government resteth always secure ; but by the other, no longer than 
 the people are well contented. 
 
 Secondly, It forceth obstinate subjects to be no more presumptuous 
 than it pleaseth your Majesty to permit them. 
 
 249 
 
JO ^ttttgfrbjjlt Sorietg Mtpitnts. 
 
 Thirdly, That to have a state unfurnished, is to give the bridle 
 thereof to the subject ; when by the contrary it resteth only in the 
 prince's hand. 
 
 Fourthly, That modern fortresses take long time in winning, with 
 such charge and difficulty as no subjects in these times have means 
 probable to attempt them. 
 
 Fifthly, That it is a sure remedy against rebellious and popular 
 mutinies, or against foreign powers ; because they cannot well 
 succeed, when by this course the apparent means is taken away, to 
 force the King and state upon a doubtful fortune of a set battle, as 
 was the cause that moved the pretended invasion against the land 
 attempted by the King of Spain, 1588. 
 
 Sixthly, That your Majesty's government is now secured by the 
 people's more subjection ; and by their subjection your parliament 
 must be forced consequently to alter their style, and to be conform- 
 able to your will and pleasure : for their words and opposition 
 importeth nothing, where the power is in your Majesty's own hands, 
 to do with them what you please ; being indeed the chief purpose of 
 this discourse, and the secret intent thereof, fit to be concealed from 
 any English at all, either counsellor of state or others. 
 
 For these and other weighty reasons, it may be considered in this 
 place, to make your Majesty more powerful and strong, some orders 
 be observed, that are used in fortified countries, the government 
 thereof importeth as much as the states themselves, I mean in times 
 of doubt and suspect ; which are these. 
 
 Itnprimis, That none wear arms or weapons at all, either in city or 
 country, but such as your Majesty may think fit to privilege ; and 
 they to be inrolled. 
 
 Secondly, That as many high-ways as conveniently may be done, 
 may be made passable through those cities and towns fortified, to 
 constrain the passengers to travel through them. 
 
 Thirdly, That soldiers of fortresses be sometimes chosen of another 
 nation, if subjects to the same prince ; but howsoever not to be born 
 in the same province, or within forty miles of the fortress ; and not 
 to have friends or correspondency near it, 
 
 250 
 
imprtisottmtut anU Bratii of Utiis ©harlris J. 71 
 
 Fom-thly, That at the gates of such walled towns be appointed officers, 
 not to suffer any unknown passenger to pass without a ticket, shewing 
 from whence he came, and whither he goeth ; and that the gates of 
 each city be shut at night, and the keys be kept by the Mayor or 
 Governor. Also that the inn-keepers do deliver the names of all 
 unknown passengers that lodge in their houses ; and if they stay sus- 
 piciously at any time, to present them to the Governor; whereby 
 dangerous persons seeing these strict courses, will be more wary 
 of their actions, and thereby mischievous attempts will be pre- 
 vented. All which being referred to your Majesty's wise considera- 
 tion, it is meet for me withal to give you some satisfaction of the 
 charge and time to perform what is proposed, that you may not be 
 discouraged in the difficulty of the one, or prolongation of the other. 
 Both which doubts are resolved in one and the same reason ; in 
 respect that in England each chief town commonly hath a ruinated 
 castle, well seated for strength : whose foundation and stone remain- 
 ing, may be both quickly repaired for this use, and with little charge ; 
 and made strong enough, I hope, for this purpose in the space of one 
 year, by adding withal bulwarks and rampiers, according to the rules 
 of fortification. 
 
 The ordnance for these forts may be of iron ; and not to disfurnish 
 your Majesty's navy, or be at a greater charge than is needful to 
 maintain yearly the forts. 
 
 I make account, in ordinary pay, three thousand men will be 
 
 sufficient ; and will require forty thousand pounds charge per annum, 
 
 or thereabouts, being an expence that inferior princes undergo for 
 
 their necessary safety. All which prevention added to the invincible 
 
 sea-forces your Majesty hath already, and may have, will make you 
 
 the most powerful and obeyed prince of the world ; which I could 
 
 likewise confirm by many examples, but I omit them for brevity, and 
 
 not to confuse your Majesty with too much matter. Your gracious 
 
 Majesty may find, by the scope of this discourse, the means shewed 
 
 in general to bridle your subjects, that may either be discontented or 
 
 obstinate. So likewise am I to conclude the same intent, particularly 
 
 against the perverseness of your parliament, as well to suppress that 
 
 pernicious humour, as to avoid their oppositions against your profit ; 
 
 being the second part to be discoursed on. 
 
 251 
 
72 'M^uriQtvb^lt Jfcoct'etj) l^tprtnts. 
 
 And therefore have first thought fit, for better prevention thereof, 
 to make known to your Majesty the purpose of a general oath your 
 subjects may take, for sure avoiding of all rubs that may hinder the 
 conclusion of those businesses. 
 
 It is further meant, that no subject upon pain of high treason may 
 refuse the same oath, containing only matter of allegiance, and 
 not scruples or points of conscience, that may gain pretence to be 
 denied. 
 
 T/ie efied of the oath is this. 
 
 THat all your Majesty's subjects do acknowledge you to be 
 absolute King and Monarch within your dominions, as is 
 among the Christian princes, and your prerogative as great ; whereby 
 you may and shall* of yourself, by your Majesty's proclamation, as 
 well as any other sovereign princes doing the like, make laws, or 
 reverse any made ; with any other act so great a monarch as yourself 
 may do ; and that without further consent of parliaments, or need to 
 call them at all in such cases ; confirming, that the parliament in all 
 matters (excepting causes to be sentenced at the high court) ought 
 to be subject unto your Majesty's will, to give the negative or affir- 
 mative conclusion ; and not to be constrained by their impertinences 
 to any inconvenience, appertaining to your Majesty's Royal autho- 
 rity; and this notwithstanding any bad pretence or custom to the 
 contrary in practice ; which (indeed) were fitter to be offered a prince 
 elected without any other right, than to your Majesty, born succes- 
 sively King of England, Scotland, and Ireland, and your heirs for 
 ever; and so resumed, not only of your subjects, but also of the 
 whole world. How necessary the dangerous supremacy of parlia- 
 ment-usurpation is to be prevented, the example of Lewis' XI. King 
 of France doth manifest ; who found the like opposition as your 
 Majesty doth, and by his wisdom suppressed it ; and that to the 
 purpose here intended : which is not to put down altogether parlia- 
 ments, and their authority, being in many cases very necessary and 
 fit ; but to abridge them, so far as they seek to derogate from your 
 Majesty's Royal authority, or advancement of your greatness. 
 
 The caution in offering the aforesaid oath may require some 
 policy, for the easier passage of it at first, either by singular or par- 
 252 
 
Imnrisonmcttt attlt HcatU of itutg Ciiarlrss i. 73 
 
 ticular tractation ; and that so near at one time over the land, as one 
 government may not know what the other intendeth, so it may pass 
 the easier by having no time of combination or opposition. 
 
 There is another means also more certain than this, to bring to 
 pass this oath more easily; as also your profit, and what is pre- 
 tended ; which here I omit for brevity, requiring a long discourse 
 by itself; and have set it down in particular instructions to inform 
 your Majesty. 
 
 The second part of this discourse, is touching your Majesty's 
 profit, after your state is secured : wherein I shall observe both some 
 reasonable content to the people, as also consider the great expences 
 that princes have now-a-days, more than in times past, to maintain 
 their greatness, and safety of their subjects ; who if they have not wit 
 or will to consider their own interest, so much your Majesty's wisdom 
 must repair their defects, and force them by compulsion. But I 
 hope there shall be no such cause in points so reasonable. 
 
 To increase your Majesty's revenue, I set down divers means for 
 your gracious self to make , choice of either, all or part at your 
 pleasure, and to put in execution by such degrees and conditions as 
 your great wisdom shall think fit in a business of this nature. 
 
 Ttnprimis, The first course or means intended to increase your 
 Majesty's revenues or profit withal, is of greatest consequence : and 
 I shall call it a decima, being so termed in Italy, where in some parts 
 it is in use ; importing the tenth part of all subjects estates, to be 
 paid as a yearly rent to the prince, and as well moneyed men in 
 towns, as landed men in the countries, their value and estates 
 esteemed justly as it is to the true value, (though with reason), and 
 this paid yearly in money ; which course applied in England for your 
 Majesty's service, may serve instead of subsidies, fifteens, and such 
 like ; which in this case are fit to be released for the subjects benefit 
 and content, in recompence of the said decima; which will yield your 
 Majesty more in certainty, than they do casually, by five hundred 
 thousand pounds per annum, at the least. 
 
 Item, That when your Majesty hath gotten money into your hands 
 by some courses to be set down, it would be a profitable course to 
 
 2S3 
 
74 aungt-rbglp Sort^tji Mtjjrtitts. 
 
 increase your intrato, to buy out all estates and leases upon your own 
 lands, in such sort that they be made no losers ; whereby, having 
 your lands free, and renting them out to the true value, as it is most 
 in use, and not employed as heretofore, at an old rent and small fines, 
 you may rent it out for at least four or five times more money than 
 the old rent comes to ; so that if your Majesty's lands be already 
 but threescore thousand pounds per aniiu)?i, by this course it will be 
 augmented at least two hundred thousand pounds per annum ; and 
 to buy out the tenants estates, will come to a small matter by the 
 course, to make them no losers, considering the gains they have 
 already made upon the lands : and this is the rather to be done, and 
 the present course changed, because it hath been a custom merely to 
 cozen the King. 
 
 Item, Whereas most princes do receive the benefit of salt in their 
 own hands, as a matter of great profit, because they receive it at the 
 lowest price possible, and vent it with double gains yearly ; the same 
 course used by your Majesty were worth an hundred and fifty thou- 
 sand pounds at least. It is hkewise in other parts, that all weights 
 and measures of the land, either in private houses, shops, or public 
 markets, should be viewed to be just, and sealed once a-year, paying 
 to the prince for it ; which in England applied to your Majesty, with 
 order to pay six pence for the sealing of each said weight or measure, 
 would yield near threescore thousand pounds per annum. 
 
 Item, That all countries pay a gabella for transportation of cloth, 
 and so likewise in England ; yet in Spain there is an impost upon 
 the wools ; which is so great a benefit and wealth to the sheep- 
 masters, as they may well pay you 5 /. per cent, of the true value of 
 their shearing ; which I conceive may be worth 15,000 /. per annum. 
 
 Item, Whereas the lawyers fees and gains in England be excessive, 
 to your Majesty's subjects prejudice ; it were to your Majesty to 
 make use thereof, and to impose on all causes sentenced with the 
 party, to pay 5 /. per cent, of the true value that the cause had gained 
 him ; and for a recompence thereof, to limit all lawyers fees and 
 gettings ; whereby the subject shall save more in fees and charges 
 than he giveth in the gabella ; which, I believe, may be worth one 
 year with another fifty thousand pounds. 
 
 254 
 
fimpitsoiimfnt aim ©ratii of iatng Ciiaiifjs I. 75 
 
 Item, Whereas the inns and victualHng-houses in England are 
 more chargeable to travellers than in other countries, it were good 
 for your Majesty to limit them to certain ordinaries, and raise besides 
 a large imposition, as it is used in Tuscany and other parts ; that is, 
 prohibiting all inns and vitualling houses, but such as shall pay it ; 
 and to impose upon the chief inns and taverns to pay ten pounds 
 a-year to your Majesty, and the worst five pounds per annum ; and 
 all the ale-houses twenty shillings per annum, more or less as they are 
 in custom of all sorts. There are so many in England, that this 
 impost will yield 100,000 I. per annum to your Majesty. 
 
 Item, In Tuscany and other parts there is a gabella of all cattle or 
 flesh, or horses, sold in the market, paying three or four pound per 
 cent, for what they are sold for ; which, by conjecture, may be worth 
 in England 20,000 /. per annum ; using the like custom upon fish and 
 other victuals, bread excepted. And for this cause all flesh, and fish 
 and victuals, to be praised and sold by weight ; whereby the subject 
 saveth more in not being cozened, than the imposition importeth 
 them. 
 
 Item, In Tuscany is used a taxation of 7 /. per cent, upon all aliena- 
 tions of lands to the true value ; as also seven pounds per cent, upon 
 all dowries or marriage-monies ; the like, if it be justly used in 
 England, were worth at least 100,000 /. per annum ; with many other 
 taxations upon meal, and upon all merchandize in all towns, as well 
 port-towns, which here I omit, as not fit for England. And, in satis- 
 faction to the subjects for these taxes, your Majesty may be pleased 
 to release them of wardships ; and to enjoy their estates at 18 years 
 old, and in the mean time their profit to be preserved for their own 
 benefit. And also in forfeiture of estates by condemnation, your 
 Majesty may release the subject, as not to take the forfeiture of their 
 lands, but their goods, (high treason only excepted); and to allow 
 the counsel of lawyers in cases of life and death, as also not to be 
 condemned without two witnesses ; with such like benefits ; which 
 import much more their good, than all the taxations named can pre- 
 judice them. 
 
 Item, That some of the former taxations be used in Scotland and 
 Ireland, as may easily be brought about by the first example thereof 
 
 255 
 
76 ^ttttijerbslp SociPta ^tpvints. 
 
 used in England, may very well be made to increase your revenue 
 there, more than it is by 200,000 /. per ann. 
 
 Item, All ofificers in the land, great and small, in your Majesty's 
 grant, may be granted with condition to pay you a part yearly 
 according to the true value. This in time may be worth, as I con- 
 ceive, an hundred thousand pounds per an?ium. Adding also nota- 
 ries, attornies, and such like, to pay some proportion yearly towards 
 it, for being allowed by your Majesty to practise, and prohibiting else 
 any to practise in such places. 
 
 Ikjn, I know an assured course in your Majesty's navy, which 
 may save at least forty thousand pounds per annum; which 
 requiring a whole discourse by itself, I omit ; only do promise you 
 to do it whensover you command. 
 
 Item, To reduce your Majesty's household to board-wages, as most 
 other princes do, reserving some few tables. This will save your 
 Majesty 60,000 /. per annum ; and ease greatly the subjects besides, 
 both in carriages and provision, which is a good reason that your 
 Majesty in honour might do it. 
 
 Item, Whereas your Majesty's laws do command the strict keeping 
 of fasting-days, you may also prohibit on those days to eat eggs, 
 cheese, or white meats, but such only as are contented to pay 18 d. 
 per annum, for their liberty to eat them, and the better sort 10 s. 
 The employment of this may be for the defence of the land, in main- 
 taining the navy, garrisons, and such like ; much after the fashion of 
 a cruzado in Spain, as your Majesty knoweth. 
 
 Lastly, I have a course upon Catholics, and very safe for your 
 Majesty, being with their good liking, as it may be wrought to yield 
 you presently at least 200,000 /. per annum; by raising a certain 
 value upon their lands, and some other impositions ; which requiring 
 a long discourse by itself, I will omit it here, setting it down in my 
 instructions. It will save your Majesty at the least 10,000 /. per 
 annum, to make it pain of death, and confiscation of goods and lands, 
 for any of the officers to cozen you, which now is much to be feared 
 they do, or else they could not be so rich ; and herein to allow a 
 fourth part benefit to them that shall find out the cozenage. 
 
 256 
 
Jtmijrisionnifnt antr BratU of iatits Charles I. ^^ 
 
 Here is not meant officers of state, as the Lord Treasurer, &c., 
 being officers of the crown. The sum of all this amounteth to two 
 millions and two hundred thousand pounds per annum. Suppose it 
 be but one million and a half, as surely your Majesty may make by 
 the courses set down ; yet it is more than I promised in my letter for 
 your Majesty's service, besides some sums of money in present by 
 the courses following. 
 
 Inip7-imis, By the Prince's marriage. 
 
 Secondly, To make all the Earls in England Grandees, as in Spain, 
 and Principi, with such like privileges, and to pay 20,000 /. a piece 
 for it. 
 
 Thirdly, Also, if you make them feodaries of the towns belonging 
 
 to their Earldoms, if they will for it besides, as they 
 
 do to the King of Spain in the kingdom of Naples ; and so likewise 
 Barons to be made Earls and Peers, to pay nineteen thousand pounds 
 a piece ; I think it might yield five hundred thousand pounds, and 
 oblige them more sure to your Majesty. 
 
 Fourthly, To make choice of two hundred of the richest men in 
 England in estate that be not Noblemen, and make them titular, as 
 it is used in Naples, and paying for it ; that is, a Duke thirty thousand 
 pounds, a Marquis fifteen thousand pounds, an Earl ten thousand 
 pounds, a Baron or Viscount five thousand pounds. 
 
 It is to be understood, that ancient Nobility of Baions and Earls 
 are to preceed these as Peers, though these be made Marquisses or 
 Dukes. This may raise a million of pounds, and more to your 
 Majesty. To make Gentlemen of low quality, and franklins, or rich 
 larmers. Esquires, to preceed them, would yield your Majesty also a 
 great sum of money in present. 
 
 I know another course to yield your Majesty three hundred thou- 
 sand pounds in money, which as yet the time serveth not to deliver, 
 until your Majesty be resolved to proceed in some of the former 
 courses ; which till then I omit. 
 
 Other courses also that may make present money, I shall study for 
 your Majesty's service ; and as I shall find them out, acquaint you 
 
 withal- 
 
 257 
 
78 Ettngprbfile Jboctetfi Mcprtnts. 
 
 Lastly, To conclude all these discourses, by the application of this 
 course used for your profit, that is not only the means to make you 
 the richest King that ever England had, but also your safety 
 augmented thereby to be most secure ; besides what is shewed in 
 the first part of this discourse, I mean by the occasion (?f the taxation, 
 and raising of monies, your Majesty shall have cause and means to 
 employ, in all places of the land, so many officers and ministers to be 
 obliged to you for their own profit and interest, as nothing can be 
 attempted against your person and Royal state over the land, but 
 some of these shall in all probability have means to find it out and 
 hinder it. Besides, this course will repress many disorders and 
 abuses in the public government, which were hard to be discovered 
 by men indifferent. 
 
 To prohibit gorgeous and costly apparel to be worn but by persons 
 of good quality, shall save the Gentry of the "kingdom much more 
 money than they shall be taxed to pay your Majesty. 
 
 Thus withal I humbly take my leave, and kiss your gracious 
 hands, desiring pardon for my errors I may commit herein. 
 
 STRAFFORD. 
 
 258 
 
APPENDIX II 
 
King Charles's Case.- 
 
 OR, 
 
 An Appeal to all rational men, 
 
 CONCERNING HIS 
 
 TRIAL 
 
 IN THE 
 
 HIGH COURT of JUSTICE. 
 
 Being, for the most part, that which was intended to have 
 been delivered at the bar, if the King had pleaded to the 
 charge, and put himself upon a fair trial. 
 
 An additional opinion, concerning the death of Yiing James, 
 the loss of Rochel, and the blood of Ireland. 
 
 By JOHN COOK, of Gray s- Inn, Barrister. 
 
 Justice is an excellent virtue : 
 Reason is the life of the law. 
 Womanish pity to mourn for a tyrant. 
 Is a deceitful cruelty to a city. 
 
King CHARLES'S Case. 
 
 May it please your Lordship, 
 
 MY Lord President, and this high court, erected for the most 
 comprehensive, impartial, and glorious piece of justice, that 
 ever was acted and executed upon the theatre of England ; for the 
 trying and judging of Charles Stuart, whom God in his wrath gave 
 to be a King to this nation, and will, I trust, in great love, for his 
 notorious prevarications and blood-guiltiness, take him away from 
 us : He that hath been the original of all injustice, and the principal 
 author of more mischiefs to the free-born people of this nation, than 
 the best arithmetician can well enumerate, stands now to give an 
 account of his stewardship, and to receive the good of justice, for all 
 the evil of his injustice and cruelty. Had he ten thousand lives, 
 they could not all satisfy for the numerous, horrid, and barbarous 
 massacres of myriads and legions of innocent persons, which, by his 
 commands, commissions and procurements, (or at least all the world 
 must needs say, which he might have prevented ; and he that suffers 
 any man to be killed, when he may save his life without danger of 
 his own, is a murderer), have been cruelly slain, and inhumanely 
 murdered, in this renowned Albion. Anglia hath been made an 
 Aceldama, and her younger sister Ireland a land of ire and misery ; 
 and yet this hard-hearted man, as he went out of the court down the 
 stairs, Jan. 22, said, (as some of the guard told me, and others). That 
 he was not troubled for any of the blood that had been shed, but for 
 the blood of one man, (peradventure he meant Strafford). He was 
 no more affected with a list that was brought in to Oxford of five or 
 six thousand slain at Edgehill, than to read one of Ben Johnson's 
 tragedies. You gentlemen royalists that fought for him, if ye had 
 lost your lives for his sake, you see he would have no more pitied 
 you by his own confession, than you do a poor worm. And yet what 
 heart but would cleave, if it were a rock ; melt, if it were ice ; break, 
 if it were flint ; or dissolve, if it were a diamond, to consider that so 
 
 263 
 
84 '^nnQnh^lt Sortetg ilfjjnnt.s. 
 
 much precious Protestant blood should be shed in these three king- 
 doms ; so many gallant, valiant men, of all sorts and conditions, to 
 be sacrificed, and lose their lives, and many of them to die so desper- 
 ately in regard of their eternal conditions ; and all this merely and 
 only for the satisfying and fulfilling of one man's sinful lust and 
 wicked will ? A good shepherd is he that lays down his life, or ven- 
 tures it, to save the sheep : but for one to be so proudly wedded to 
 his own conceits, as so maliciously to oppose his private opinion 
 against the public judgment and reason of state, and to make head 
 against the parliament, who acknowledged him to be head thereof, so 
 far as to give him the honour of the Royal assent, in settling the 
 militia and safety of the people ; I say, for a Protestant prince, so 
 beloved at home, and feared abroad, that in love, and by gentle 
 means, might have had anything from the parliament ; for him to 
 occasion the shedding of so much blood, for a pretended prerogative, 
 as hereafter will appear nothing in effect but to fix and perpetuate an 
 absolute tyranny; I can say no less, but, O Lucifer ! from whence 
 art thou fallen ? and what heretics are they in politics, that would 
 have had such a man to live ? much more that think his actions to 
 have merited love and praise from heaven and earth ? But now to 
 dissect the charge : 
 
 I. "" I ^Hat the Kings of England are trusted with a limited power 
 J. to govern by law, the whole stream and current of legal 
 authorities run so Umpid and clear, that I should but weary those 
 that know it already, and trouble those that need not know the par- 
 ticular cases : for it is one of the fundamentals of law, That the King 
 is not above the law, but the law above the King. I could easily 
 deraign it from i Edward III. to the jurisdiction of courts, that the 
 King has no more power or authority than what by law is concredited 
 and committed to him. But the most famous authority is Fortescue, 
 Chancellor to Henry VI. (and therefore undoubtedly would not chp 
 his master's prerogative) ; who most judicially takes a difference be- 
 tween a government wholly regal and seignoral ; as in Turky, 
 Russia, France, Spain, &c.; and a government pohtic and mixed, 
 where the law keeps the beam even between sovereignty and subjec- 
 tion; as in England, Denmark, Sweden, and Poland. The first, 
 
 where the edict of a prince makes the law, resembles an impetuous 
 264 
 
Jmjjvtsonmtnt anH Urath of Hilts ©fiatlfS I. 85 
 
 inundation of the waters, whereby the corn and hay, and other 
 fruits of the earth, are spoiled ; as when it is midwinter at midsum- 
 mer : the latter is like a sweet, smooth stream, running by the 
 pleasant fields and meadows. That, by the law of England, the 
 King ought not to impose any thing upon the people, or take 
 anything away from them to the value of a farthing, but by common 
 consent in parliaments or national meetings ; and that the people, 
 of common right, and by several statutes, ought to have parlia- 
 ments yearly, or oftener, if need be, for the redress of public griev- 
 ances, and for the enacting of good and wholsome laws, and repealing 
 of old statutes of Omri which are prejudicial to the nation : and that 
 the King hath not by law so much power as a justice of peace to 
 commit any man to prison for any offence whatsoever, because all 
 such matters were committed to proper courts and officers of justice; 
 and if the King by his verbal command send for any person to come 
 before him, if the party refused to attend, and the messenger en- 
 deavouring to force him, they fell to blows ; if the messenger killed 
 the party sent for, this by the law is murder in him ; but if he killed 
 the messenger, this was justifiable in him, being in his own defence, 
 so as to sue forth a pardon of course ; these and many other cases 
 of like nature are so clear and well known, that I will not presume 
 to multiply particulars. 
 
 That the King took an oath at his coronation, to preserve the 
 
 peace of the nation, to do justice to all, and to keep and observe the 
 
 laws which the people have, himself confesses. And it was charged 
 
 upon the late Archbishop, that he emasculated the oath, and left out 
 
 very material words, which the feopk shall chuse^ ; which certainly he 
 
 durst not have done, without the King's special command : and it 
 
 seems to me no light presumption, that from that very day he had a 
 
 design to alter and subvert the fundamental laws, and to introduce 
 
 an arbitrary and tyrannical government. But though there had been 
 
 no oath, yet, by special office and duty of his place, every King of 
 
 England is obliged to act for the people's good : for all power, as it is 
 
 originally in the people, (he must needs be extreme ignorant, malicious, 
 
 or a self-destroyer, that shall deny it), so it is given forth for their 
 
 preservation, nothing for their destruction : for a King to rule by 
 
 ^ I. Book of ord. fol. 
 
 265 
 
86 ^unstvhsit Siocitt^ i^^rtntjs. 
 
 lust, and not by law, is a creature that was never of God's making ; 
 not of God's approbation, but his permission. And though such 
 men are said to be gods on earth, it is in no other sense than the 
 devil is called the god of this world. It seems, that one passage 
 which the King would have offered to the court, (which was not per- 
 mitted him to dispute the supreme authority in the nation, and stand- 
 ing mute, the charge being for high treason, it is a conviction in law), 
 was, that i Sam. viii. is a copy of the king's commission, by virtue 
 whereof, he, as King, might rule and govern as he hst; that he might 
 take the people's sons, and appoint them for himself, for his chariots, 
 and to be his horsemen ; and take their daughters to be his con- 
 fectionaries ; and take their fields and vineyards, and olive-yards, even 
 the best of them, and their goodliest young men, and their asses, and 
 give them to his officers, and to his servants : which indeed is a copy 
 and pattern of an absolute tyrant, and absolute slaves, where the 
 people have no more than the tyrant will afford them. The Holy 
 Spirit in that chapter does not insinuate what a good King ought to 
 do, but what a wicked King would presume to do. Besides, Saul 
 and David had extraordinary callings ; but all just power is now de- 
 rived from, and conferred by the people. Yet, in the case of Saul, 
 it is observable, that the people, out of pride to be like other nations, 
 desired a King, and such a King as the Heathens had ; which were 
 all tyrants : for they that know any thing in history, know, that the 
 first four monarchs were all tyrants at first, till they gained the 
 people's consent. Nimrod the great hunter was Ninus that built 
 Nineveh, the first tyrant and conqueror that had no title ; and so 
 were all kingdoms which are not elective, till the people's subsequent 
 consent. And though it be by descent, yet it is a continuation of a 
 conquest. Till the people consent, and voluntarily submit to a 
 government, they are but slaves, and in reason they may free them- 
 selves if they can. In France the King begins his reign from the 
 day of his coronation. The Archbishop asks the people. If he shall be 
 King. The twelve peers, or some that personate them, say. Yes. They 
 gird the sword about him ; then he swears to defend the laws. And 
 is anything more natural than to keep an oath ? And though virtu- 
 ous Kings have prevailed with the people to make their crowns 
 hereditary, yet the coronation shews the shell that the kernel hath 
 
 been in. Samuel was a good judge, and there was nothing could be 
 266 
 
Smprtisonmtnt anti Btatii of ittng ©Uarles I. 87 
 
 objected against him ; therefore God was displeased at their inordi- 
 nate desire of a King. And it seems to me, that the Lord declares 
 his dislike of all such Kings as the Heathens were ; that is, Kings 
 with an unlimited power, that are not tied to laws : for he gave them 
 a King in his wrath : therein dealing with them as the wise physician 
 with the distempered and impatient patient, who desiring to drink 
 wine, tells him the danger of inflammation ; yet wine he will have ; 
 and the physician considering a little wine will do but little hurt, 
 rather than his patient by fretting should take greater hurt, prescribes 
 a little white wine ; wherein the physician doth not approve his 
 drinking of wine, but of two evils chuseth the least. The Jews 
 would have a King for majesty and splendor, like the Heathens. 
 God permits this, he approves it not. It seems to me, that the Lord 
 renounces the very genus of such Kings as are there mentioned. 
 And the old word conning (by contraction King) does not signify 
 power or force to do what he will, but a knowing, wise, discreet man, 
 that opens the people's eyes, and does not lead them by the noses, 
 but govern them with wisdom and discretion for their own good. 
 Therefore, gentlemen royalists, be not so mad as to misconstrue, 
 either the oaths of allegiance or supremacy, or any league or cove- 
 nant, that any man should swear to give any one leave to cut his 
 throat. The true meaning is, that the King of England was supreme 
 in this land, in opposition to the Pope, or any other prince or poten- 
 tate ; as the words of the oath do import, That no foreign state, prince, 
 or potentate, &c. In case of any foreign invasion, the King was by 
 law to be generalissimo, to command the people for their own safety ; 
 and so it was expounded by the parliament in 13 Eliz. which, for 
 some reason of state, was not permitted to be printed with the 
 statutes. Besides, God told those Kings whom he had formerly 
 anointed what their duty was; not to exalt themselves overmuch 
 above their brethren, to delight themselves in the law of God. Out 
 of which I infer, that the Turks, Tartars, Muscovites, French, Spani- 
 ards, and all people that live at the beck and nod of tyrannical men, 
 may and ought to free themselves from that tyranny, if, and when 
 they can : for such tyrants that so domineer with a rod of iron, 
 do not govern by God's permissive hand of approbation or bene- 
 diction, but by the permissive hand of his providence, suffering 
 them to scourge the people, for ends best known to himself, until 
 
 267 
 
88 ^ttUflfrbgle Jboctftg Utpvintg, 
 
 he open a way for the people to work out their own infranchise- 
 ments. 
 
 But before I speak of the war, it will be necessary, for the satisfac- 
 tion of rational men, to open and prove the King's wicked design, 
 wherewith he stands charged. Now, that he had from the beginning 
 of his reign such a design and endeavour, so to tear up the founda- 
 tions of government that law should be no protection to any man's 
 person or estate, will clearly appear by what follows. 
 
 1. By his not taking the oath so fully as his predecessors did ; that 
 so, when the parliament should tender good laws to him for the 
 Royal assent, he might readily answer, that he was not by oath 
 obliged to confirm or corroborate the same. 
 
 2. By his dishonourable and perfidious dealing with the people at 
 his coronation, when he set forth a proclamation, that, in regard oi 
 the infection then spread through the kingdom, he promised to dis- 
 pense with those knights that by an old statute were to attend at the 
 coronation, who were thereby required not to attend ; but did, not- 
 withstanding, within few months after take advantage of their absence, 
 and raised a vast sum of money out of their estates at the council- 
 table ; where they pleading the said proclamation for their justifica- 
 tion, they were answered. That the law of the land was above any 
 proclamation : like that tyrant, that when he could not by law execute 
 a virgin, commanded her to be deflowered, and then put to death. 
 
 3. By his altering the patents and commissions to the judges, 
 
 which having heretofore had their places granted to them so long as 
 
 they should behave themselves well therein, he made them but 
 
 during pleasure ; that so, if the judges should not declare the law to 
 
 be as he would have it, he might with a wet finger remove them 
 
 and put in such as should not only say, but swear, if need were, that 
 
 the law was as the King would have it. For when a man shall give 
 
 five or ten thousand pounds for a judge's place during the King's 
 
 pleasure, and he shall the next day send to him to know his opinion, 
 
 of a difference in law between the King and a subject ; and it shall 
 
 be intimated unto him, that if he do not deliver his opinion for the 
 268 
 
Jmjirtsiottmfnt attii lirath of ittttg €i\nv\ts i, 89 
 
 King, he is likely to be removed out of his place the next day; which 
 if so, he knows not how to live, but must rot in prison for the money 
 which he borrowed to buy his place, as was well known to be some 
 of their cases, who underhand and closely bought great places, (to 
 elude the danger of the statute) ; whether this was not too heavy a 
 temptation for the shoulders of most men to bear, is no hard matter 
 to determine : so as, upon the matter, that very act of his made the 
 King at the least a potential tyrant. For when that shall be law 
 which a King shall declare himself, or which shall be declared by 
 those whom he chuses, this brings the people to the very next step 
 to slavery. 
 
 But that which does irrefragably prove the design, was his restless 
 desire to destroy parliaments, or to make them useless : and for that, 
 who knows not but that there were three or four national meetings 
 in parliament in the first four years of his reign, which were called 
 for supply to bring money into his coifers in point of subsidies, rather 
 than for any benefit to the people ? as may appear by the few good 
 laws that were then made. But that which is most memorable, is 
 the untimely dissolving of the parliament in 4 Car. when Sir John 
 Elliot, and others, (who managed a conference with the house of 
 Peers concerning the Duke of Buckingham, who, amongst other 
 things, was charged concerning the death of K. James), were com- 
 mitted close prisoner to the Tower, where he lost his life by cruel 
 endurance. Which I may not pass over without a special animad- 
 version : for sure there is no Turk or Heathen but will say, that if 
 he were any way guilty of his father's death, let him die for it. 
 
 I would not willingly be so injurious to the honest reader, as to 
 make him buy that again which he had formerly met with in the 
 parliament's declaration or elsewhere; in such a case a marginal 
 reference may be sufficient. Nor would I herein be so presump- 
 tuous, as to prevent any thing that happily may be intended in any 
 declaration for more general satisfaction, but humbly offer a student's 
 mite, which satisfies myself, with submission to better judgments. 
 
 How the King first came to the crown, God and his own consci- 
 ence best knew. It was well known and observed at court, that a 
 
 269 
 
90 ^ttitgerbsl^ Jbon>tg Mepvint&* 
 
 little before he was a professed enemy to the Duke of Buckingham ; 
 but instantly upon the death of K. James, took him into such special 
 protection, grace and favour, that upon the matter he divided the 
 kingdom with him. And when the Earl of Bristol had exhibited a 
 charge against the said Duke, the 13th article whereof concerned the 
 death of K. James ; he instantly dissolved that parliament, that so 
 he might protect the Duke from the justice thereof; and would never 
 suffer any legal inquiry to be made for his father's death. The Rab- 
 bins observe, that that which stuck most with Abraham about God's 
 command to sacrifice Isaac, was this : " Can I not be obedient, 
 " unless I be unnatural ? What will the Heathens say, when they 
 "hear I have killed my only son ?" What will an Indian say to this 
 case ? A King hath all power in his hands to do justice ; there is 
 one accused, upon strong presumptions at the least,, for poisoning 
 that King's father; the King protects him from justice : whether do 
 you believe that himself had any hand in his father's death ? Had 
 the Duke been accused for the death of a beggar, he ought not to 
 have protected him from a judicial trial. We know, that by law it 
 is no less than misprison of treason to conceal a treason; and to con- 
 ceal a murder, strongly implies a guilt thereof, and makes him a kind 
 of accessary to the fact. He that hath no nature to do justice to his 
 own father, could it ever be expected that he should do justice to 
 others ? Was he fit to continue a father to the people, who was with- 
 out natural affection to his own father? Will he love a kingdom, 
 that shewed no love to himself, unless it was that he durst not suffer 
 inquisition to be made for it ? But I leave it as a riddle, which at 
 the day of judgment will be expounded and unriddled; for some sins 
 will not be made manifest till that day : with this only, that had he 
 made the law of God his delight, and studied therein night and day, 
 as God commanded. his kings to do; or had he but studied Scripture 
 half so much as Ben Johnson or Shakespear, he might have learned, 
 that when Amaziah was setded in the kingdom, he suddenly did 
 justice upon those servants which had killed his father Joash': he 
 did not by any pretended prerogative excuse or protect them, but de- 
 livered them up into the hands of that justice which the horridness 
 of the fact did undoubtedly demerit. 
 
 ' 2. Kings xii. 20. & .xiv. i. 5. 
 270 
 
$mi)n'sottnient anU JStath of iting CfiatlfS $♦ 91 
 
 That parliament' 4 Car. proving so abortive, the King sets forth a 
 proclamation^, that none should presume to move him to call parlia- 
 ments ; for he knew how to raise moneys enough without the help of 
 parliaments. Therefore in twelve years he refuseth to call any. In 
 which interval and intermission, how he had oppressed the people 
 by incroachments and usurpations upon their liberties and properties, 
 and what vast sums of money he had forcibly exacted and exhausted 
 by illegal patents and monoplies of all sorts, I refer the reader to that 
 most judicious and full declaration of the state of the kingdom, pub- 
 lished in the beginning of this parliament. That judgment of ship- 
 money did upon the matter formalize the people absolute slaves, and 
 him an absolute tyrant : for if the King may take from the people in 
 case of necessity, and himself shall be judge of that necessity, then 
 cannot any man say that he is worth sixpence. For if the King say 
 that he hath need of that sixpence, then by law he must have it ; I 
 mean that great Nimrod, that would have made all England a forest, 
 and the people which the Bishop calls his sheep, to be his venison to 
 be hunted at his pleasure. 
 
 Nor does the common objection, " That the judges and evil coun- 
 " sellers, and not the King, ought to be responsible for such mal- 
 " administrations, injustice, and oppression," bear the weight of a 
 feather in the balance of right reason. For, i. Who made such wicked 
 and corrupt judges ? were they not his own creatures ? and ought not 
 every man to be accountable for the works of his own hands ? He 
 that does not hinder the doing of evil, if it lies in his power to pre- 
 vent it, is guilty of it as a commander thereof. He that suffered 
 those black stars to inflict such barbarous cruelties, and unheard-of 
 punishments, as branding, slitting of noses, &c., upon honest men, 
 to the dishonour of the Protestant religion, and disgrace of the image 
 of God shining in the face of man, he well deserved to have been so 
 served. But, 2. He had the benefit of those illegal fines and judg- 
 ments. I agree, that if a judge shall oppress I. S. for the benefit of 
 I. D. the King ought not to answer for this, but the judge, unless he 
 protect the judge against the complaint of I. £. ; and in that case he 
 makes himself guilty of it. But when an unjust judgment is given 
 against I. S. for the King's benefit, and the fine to come immediately 
 
 1 27 Mar. ^ 5 Car. 
 
 271 
 
92 ^ttttfltrbjile Jboctttfi %t9vint&. 
 
 into his coffers, he that receives the money, must needs be presumed 
 to consent to the judgment. But, 3. Mark a Machiavel policy : 
 " Call no parliaments to question the injustice and corruption of 
 " judges for the people's relief, and make your own judges, and let 
 " that be law that they declare ; whether it be reasonable or unrea- 
 " sonable, it is no matter." 
 
 But then, how came it to pass that we had any more parliaments ? 
 Had we not a gracious King to call a parliament when there was so 
 much need of it, and to pass so many gracious acts to put down the 
 Star-chamber, &c. ? Nothing less. It was not any voluntary free 
 act of grace, not the least ingredient or tincture of love or good affec- 
 tion to the people, that called the short parliament in 1640- but to 
 serve his own turn against the Scots, whom he then had designed to 
 inslave. And those seven acts of grace which the King passed, were 
 no more than his duty to do, nor half so much, but giving the 
 people a take of their own grists ; and he dissents with them about 
 the militia, which commanded all the rest. He never intended 
 thereby any more good and security to the people, than he that steal- 
 ing the goose, leaves the feathers behind him. But to answer the 
 question, thus it was : 
 
 The King being wholly given up to be led by the counsels of a 
 Jesuited party, who endeavoured to throw a bone of dissension 
 among us, that they might cast in their net into our troubled waters, 
 and catch more fish : for St. Peter's see persuaded the King to set up 
 a new form of prayer in Scotland, and laid the bait so cunningly, 
 that, whether they saw it or not, they were undone : if they saw the 
 mystery of iniquity couched in it, they would resist, and so merit 
 punishment for rebelling; if they swallowed it, it would make way 
 for worse. Well, they saw the poison, and refused to taste it : the 
 King makes war ; and many that loved honour and wealth more than 
 God, assisted him. Down he went with art army, but his treasure 
 wasted in a short time. Fight they would not, for fear of an after 
 reckoning. Some commanders propound, that they should make 
 their demands ; and the King grants all, comes back to London, and 
 burns the pacification, saying it was counterfeit. They re-assume 
 their forts ; he raises a second war against them, and was necessi- 
 272 
 
JtmjjrtsJonmfnt anli Sieatii of itins Charltsi $. 93 
 
 tated to call a parliament, ofifering to lay down ship-money for twelve 
 subsidies. They refuse. The King in high displeasure breaks off 
 the parliament, and in a declaration commands them not to think of 
 any more parliaments, for he would never call another. 
 
 There was a King of Egypt that cruelly oppressed the people. 
 They (poor slaves) complaining to one another ; he feared a rising, 
 and commanded that none should complain upon pain of cruel 
 death. Spies being abroad, they often met, but durst not speak, but 
 parted with tears in their eyes ; which declared, that they had more 
 to utter, but durst not. This struck him to greater fears. He com- 
 manded, that none should look upon one another's eyes at parting. 
 Therefore their griefs being too great to be smothered, they fetched 
 a deep sigh when they parted ; which moved them so to compassion- 
 ate one another's wrongs, that they ran in and killed the tyrant. 
 The long hatching Irish treason was now ripe ; and therefore it was 
 necessary that England and Scotland should be in combustion, lest 
 we might help the Irish Protestants. Well, the Scots get Newcastle. 
 He knew they would trust him no more, he had so often broke with 
 them ; therefore no hopes to get them out by a treaty. Many lords 
 and the city petition for a parliament. The King was at such a 
 necessity, that yield he must to that which he most abhorred. God 
 had brought him to such a strait, he that a few months before 
 assumed the power of God, commanding men not to think of parlia- 
 ments, to restrain the free thoughts of the heart of man, was con- 
 strained to call one : which they new he would break off when the 
 Scots were sent home ; therefore got a confirmation of it, that he 
 should not dissolve it without the consent of both houses, of which 
 he had no hopes, or by force, which he suddenly attempted ; and 
 the English army in the north was to have come up to confound the 
 parliament, and this rebellious and disloyal city, as the King called 
 it, and for their pains was promised thirty thousand pounds, and the 
 plunder ; as by the examinations of Colonel Goring, Legge, &c. doth 
 .more fully appear. 
 
 And here, by the way, I cannot but commend the city-malignants. 
 He calls them rebels ; they call him a gracious King : he by his pro- 
 clamation at Oxford prohibits all commerce and intercourse of trade 
 
 273 
 
94 ^nnstvit^U Somts la^n'nts. 
 
 between this populous city, (the life and interest whereof consists in 
 trade, without which many thousands cannot subsist), and other parts 
 of the kingdom ; still they do good against evil, and petitioning him 
 so often to cut their throats, are troubled at nothing so much, as that 
 they are not reduced to that former and a worse bondage than when 
 there was a Lord Warden made in the city\ and the King sent for 
 as much of their estates as he pleased. But surely the Oxfordshire 
 men are more to be commended : for when the King had com- 
 manded by his proclamation^, that what corn, hay, and other provi- 
 sion, in the county of Oxford, could not be fetched into the said city 
 for his garrison, should be consumed and destroyed by fire, for fear 
 it should fall into the hands of the parliament's friends ; a cruelty 
 not to be parallelled by an Infidel, Heathen, or Pagan King, nor to 
 be precedented amongst the most avowed and professed enemies, 
 much less from a King to his subjects ; they resolved never to trust 
 him any more. 
 
 But the great question will be. What hath been the true ground 
 and occasion of the war ? which unless I clear, and put it out of 
 question, as the charge imports, I shall fall short of what I chiefly 
 aim at, viz. " That the King set up his standard of war, for the 
 " advancement and upholding of his personal interest, power, and 
 " pretended prerogative, against the public interest of common right, 
 " peace and safety." And thus I prove it. 
 
 1. He fought for the militia by sea and land, to have it at his 
 absolute dispose, and to justify and maintain his illegal commissions 
 of array ; and this he pretended was his birthright by the law of 
 England : which if it were so, then might he by the same reason 
 command all the money in the kingdom ; for he that carries the 
 sword, will command the purse. 
 
 2. The next thing that he pretended to fight for, was his power to 
 call parliaments when he pleased, and dissolve them when he list. 
 If they will serve his turn, then they may sit by a law to inslave the 
 people ; so that the people had better chuse all the courtiers and 
 King's favourities at first, than to trouble themselves with ludibrious 
 
 1 Dailingrub. - 15 April, 20 Car. 
 
 274 
 
Jhttpn'jSonittf nt atitr Heath of itittg Civarlesi fi. 9S 
 
 elections to assemble the freeholders together, to their great labour, 
 and expence both of time and coin ; and those which are chosen 
 knights and burgesses, to make great preparations, to take long 
 journies to London themselves and their attendants, to see the King 
 and Lords in their parliament-robes ride in state to the house, and, 
 with Domitian, to catch flies : and no sooner shall there be any 
 breathings, or a spirit of justice stirring and discovered in the house 
 of Commons, but the King sends the black rod, and dissolves the 
 parliament ; and sends them back again as wise as they were before, 
 but not with so much money in their purses, to tell stories to the 
 freeholders of the bravery of the King and Lords. 
 
 3. Well, but if this be too gross, and that the people begin to 
 murmur and clamour for another parliament ; then there goes out 
 another summons, and they meet, and sit for some time, but to as 
 much purpose as before. For when the Commons have presented 
 any bill for redress of a public grievance, then the King hath several 
 games to play to make all fruitless. As, first, his own negative voice, 
 that if Lords and Commons are both agreed, then he will advise; 
 which, I know not by what strange doctrine, hath been of late con- 
 strued to be a plain denial, though under favour at the first it was no 
 more but to allow him two or three days time to consider of the 
 equity of the law ; in which time if he could not convince them of 
 the injustice of it, then ought he by his oath and by law to consent 
 to it. 
 
 4. But if by this means the King had contracted hard thoughts 
 from the people, and that not only the Commons, but many of the 
 Lords, that have the same noble blood running in their veins as 
 those English Barons, whose swords were the chief instruments that 
 purchased magna charta ; then, that the King might be sure to put 
 some others between him and the people's hatred, the next preroga- 
 tive that he pretended to have, was, to be the sole judge of chivalry, 
 to have the sole power of conferring honours, to make as many Lords 
 as he pleased, that so he may be sure to have two against one, if the 
 house of Commons (by reason of the multitude of burgesses, which 
 he likewise pretended a power to make as many borough towns and 
 corporations as he pleased) were not packed also. And this is that 
 
 ^ 275 
 
96 '^unQtvii^U Sort'ptfi 'Btpvintg, 
 
 glorious privilege of the English parliaments, so much admired for 
 just nothing. For if his pretended prerogative might stand for law, 
 as was challenged by his adherents, never was there a purer cheat put 
 upon any people, nor a more ready way to inslave them, than by 
 privilege of parliament ; being just such a mockery of the people, as 
 that mock parliament at Oxford was, where the King's consent must 
 be the figure, and the representatives stand but for a cypher. 
 
 5. But then out of parliament, the people are made to believe, 
 that the King hath committed all justice to the judges, and distri- 
 buted the execution thereof into several courts ; and that the King 
 cannot so much as imprison a man, nor impose any thing upon, nor 
 take any thing away from the people, as by law he ought not to do. 
 But now see what prerogative he challenges. 
 
 1. If the King have a mind to have any public-spirited man re- 
 moved out of the way, this man is killed, the murderer known, a 
 letter comes to the judge, and it may be it shall be found but man- 
 slaughter. , If it be found murder, the man is condemned : but the 
 King grants him a pardon ; which the judges will allow, if the word 
 murder be in it : but because it is too gross to pardon murder, there- 
 fore the King shall grant him a lease of his life for seven years, and 
 then renew it, (like a Bishop's lease), as he did to Maj. Prichard, 
 who was lately justiced ; who, being a servant to the Earl of Lindsey, 
 murdered a Gentleman in Lincolnshire, and was condemned, and had 
 a lease of his life from the King, as his own friends have credibly 
 told me. 
 
 2. For matter of liberty : The King or any courtier sends a man 
 to prison ; if the judge set him at liberty, then put him out of his 
 place ; a temptation too heavy for those that love money and honour 
 more than God to bear ; therefore any judgment that is given be- 
 tween the King and a subject, it is not worth a rush ; for what will 
 not money do ? 
 
 Next, He challenges a prerogative to inhance and debase money ; 
 which by law was allowed him, so far as to balance trade, and no 
 further; that if gold went high beyond sea, it might not be cheap 
 276 
 
JFmprtsionmcttt anU IBratft of ittng ©harlrs i. 
 
 97 
 
 here, to have it all bought up, and transported : but, under colour of 
 that, he challenges a prerogative, that the King may by proclamation 
 make leather current, or make a sixpence go for twenty shillings, or 
 a twenty shillings for sixpence : which, not to mention any thing of 
 the project of farthings or brass money, he that challenges such a 
 prerogative, is a potential tyrant ; for if he may make my twelve 
 pence in my pocket worth but two pence, what property hath any 
 man in any thing that he enjoys ? 
 
 Another prerogative pretended, was, That the King may avoid any 
 grant, and so may cozen and cheat any man, by a law, the ground 
 whereof is, That the King's grants shall be taken according to his 
 intention ; which, in a sober sense, I wish that all mens grants might 
 be so construed according to their intentions, expressed by word or 
 writing : but by this means it being hard to know what the King 
 intended, his grants have been, like the devil's oracles, taken in any 
 contrary sense for his own advantage. 
 
 J?ep. I. In the famous case of Altonwood's, there is vouched the 
 Lord Lovel's case, that the King granted lands to the Lord Lovel 
 and his heirs-male, not for service done, but for a valuable considera- 
 tion of money paid. The patentee well hoped to have enjoyed the 
 land, not only during his life, but that his heirs-male, at least of his 
 body, should have likewise enjoyed it : but the judges finding, it 
 seems, that the King was willing to keep the money, and have his 
 land again, (for what other reason, no mortal man can fathom), re- 
 solved, that it was a void grant, and that nothing passed to the 
 patentee. I might instance in many cases of like nature throughout 
 all the reports, as one once made his boast, that he never made or 
 passed any patent or charter from the crown, but he reserved one 
 starting hole or other, and knew how to avoid it, and so merely to 
 cozen and defraud the poor patentee. So that now put all these 
 prerogatives together ; i. The militia by sea and land; 2. A liberty 
 to call parliaments when he pleased, and to adjourn, prorogue or 
 dissolve them at pleasure ; 3. A negative voice, that the people can- 
 not save themselves without him, and must cut their own throats, if 
 commanded so to do ; 4. The nomination and making of all the 
 judges that, upon peril of the loss of their places, must declare the 
 
 277 
 
98 ^ungerbslf Jbon>t2 Mfprtntss. 
 
 law to be as he pleases ; 5. A power to confer honours upon whom, 
 and how he pleases ; a covetous base wretch for five or ten thousand 
 pounds to be courted, who deserves to be carted; 6. To pardon 
 murderers, whom the Lord says shall not be pardoned ; 7. To set 
 the value and price of monies as he pleases ; that if he be to pay ten 
 thousand pounds, he may make leather by his proclamation to be 
 current that day, or a five shillings to pass for twenty shillings ; and 
 if to receive so much, a twenty shillings to pass for five shillings ; 
 and, lastly, A legal theft, to avoid his own grants : I may boldly 
 throw the gantlet, and challenge all the Machiavels in the world, to 
 invent such an exquisite platform of tyrannical domination, and such 
 a perfect tyranny without maim or blemish, as this is, and that by a 
 law, which is worst of all. But the truth is, these are no legal pre- 
 rogatives, but usurpations, incroachments and invasions upon the 
 people's rights and liberties; and this easily effected without any 
 great depth of policy : for it is but being sure to call no parliaments, 
 or make them useless, and make the judges places profitable, and 
 place avarice upon the bench ; and no doubt but the law shall sound 
 as the King would have it. But let me thus far satisfy the ingenuous 
 reader, that all the judges in England cannot make one case to be 
 law that is not reason, no more than they can prove a hair to be 
 white that is black ; which if they should so declare or adjudge, it is 
 a mere nullity : for law must be reason adjudged, where reason is the 
 genus, and the judgment in some court makes the differentia. And 
 I never found, that the fair hand of the common law of England 
 ever reached out any prerogative to the King above the meanest 
 man, but in three cases, i. In matters of honour and pre-eminence 
 to his person ; and in matters of interest, that he should have mines 
 royal of gold and silver, in whose land soever they were discovered ; 
 and fishes royal, as sturgeons and whales, in whose streams or water 
 soever they were taken, which very rarely happened; or to have 
 tithes out of a parish that no body else could challenge : for says the 
 law, "The most noble persons are to have the most noble things." 
 2. To have his patents freed from deceit, that he be not over-reached 
 or cozened in his contracts, being employed about the great and 
 arduous affairs of the kingdom. 3. His rights to be freed from 
 incursion of time, not to be bound up by any statute of non-claim : 
 for indeed possession is a vain plea, when the matter of right is in 
 278 
 
Jmjjrtsionmttit antr ©rath of itms ©fiarlrs J. 
 
 99 
 
 question ; for right can never die : and some such honourable privi- 
 leges of mending his plea, or suing in what court he will, and some 
 such prerogatives of a middle indifferent nature, that could not be 
 prejudicial to the people. But that the law of England should give 
 the King any such vast, immense, precipitating power, or any such 
 god-like state, that he ought not to be accountable for wicked 
 actions, or mal-administrations and mis-government, (as he hath 
 challenged and averred in his answer to the petition of right), or any 
 such principles of tyranny; which are as inconsistent with the 
 people's liberties and safety, as the ark and Dagon, light and dark- 
 ness, in an intensive degree, is a most vain and irrational thing to 
 imagine. And yet that was the ground of the war, as himself often 
 declared ; and that would not have half contented him, if he had 
 come in by the sword. But some rational men object, How can it 
 be murder (say they) for the King to raise forces against the parlia- 
 ment ? since there is no other way of determining differences between 
 the King and his subjects but by the sword ; for the law is no com- 
 petent judge between two supreme powers : and then, if it be only a 
 contending for each other's right, where is the malice, that makes the 
 killing of a man murder ? Take the answer thus. First, How is it 
 possible to imagine two supreme powers in one nation ? no more 
 than two suns in one firmament. If the King be supreme, the par- 
 liament must be subordinate ; if they supreme, then he subordinate. 
 But then it is alledged. That the King challenged a power only co- 
 ordinate ; that the parliament could do nothing without him, nor he 
 without them. Under favour, two powers co-ordinate is as absurd 
 as the other ; for though in quiet times the Commons have waited 
 upon the King, and allowed him a negative voice in matters of less 
 concernment, where delay could not prove dangerous to the people ; 
 yet when the Commons shall vote that the kingdom is in danger, 
 unless the militia be so and so settled ; now if he will not agree to it, 
 they are bound in duty to do it themselves. And it is impossible to 
 imagine, that ever any man should have the consent of the people to 
 be their King upon other conditions ; without which no man ever 
 had right to wear the diadem ; for conquest makes a title amongst 
 wolves and bears, but not amongst men. 
 
 When the first agreement was concerning the power of parliaments, 
 
 279 
 
100 aungerbglf Jboctetfi meprtttts. 
 
 if the King should have said, Gentlemen, are you content to allow 
 me any negative voice ; that if you vote the kingdom to be in danger 
 unless such an act pass, if I refuse to assent, shall nothing be done 
 in that case ? Surely no rational man but would have answered. 
 May it please your Majesty, we shall use all dutiful means to pro- 
 cure your Royal assent ; but if )'0u still refuse, we must not sit still 
 and see ourselves ruined ; we must, and will save ourselves whether 
 you will or no. And will any man say, that the King's power is 
 diminished, because he cannot hurt the people ; or that a man is 
 less in health, that hath many physicians to attend him ? God is 
 omnipotent, that cannot sin, and all power is for the people's good ; 
 but a prince may not say that is for the people's good, which they 
 say and feel to be for their hurt. And as for the malice, the law 
 implies that : as when a thief sets upon a man to rob him, he hath 
 no spite to the man, but love to the money ; but it is an implied 
 malice, that he will kill the people unless they will be slaves. 
 
 Quest. But by what law is the King condemned ? 
 
 Rep. By the fundamental law of this kingdom, by the general law 
 of all nations, and the unanimous consent of all rational men in the 
 world, written in every man's heart with the pen of a diamond in 
 capital letters, and a character so legible, that he that runs may read, 
 viz. That when any man is intrusted with the sword for the protec- 
 tion and preservation of the people, if this man shall employ it to 
 their destruction, which was put into his hand for their safety, by the 
 law of that land he becomes an enemy to that people, and deserves 
 the most exemplary and severe punishment that can be invented. 
 And this is the first necessary fundamental law of every kingdom, 
 which, by intrinsical rules of government, must preserve itself And 
 this law needed not be expressed. That if a King become a tyrant, 
 he shall die for it ; it is so naturally implied. We do not use to 
 make laws which are for the preservation of nature, that a man 
 should eat, and drink, and buy himself cloaths, and enjoy other 
 natural comforts ; no kingdom ever made any laws for it. And 
 as we are to defend ourselves naturally, without any written law 
 from hunger and cold, so from outward violence. Therefore, if a 
 King would destroy a people, it is absurd and ridiculous to ask bv 
 280 ^ 
 
Jmjjrisionmfttt aitlr li^ath of ittttg Chatiesi I. loi 
 
 what law he is to die. And this law of nature is the law of God 
 written in the fleshly tables of mens hearts, that, like the elder sister, 
 hath a prerogative right of power before any positive law whatsoever : 
 and this law of nature is an indubitable legislative authority of itself, 
 that hath a suspensive power over all human laws. If any man 
 shall, by express covenant under hand and seal, give power to 
 another man to kill him ; this is a void contract, being destructive to 
 humanity. And by the law of England,^ any act or agreement 
 against the laws of God or nature, is a mere nullity : for as man 
 hath no hand in the making of the laws of God or nature, no more 
 hath he power to mar or alter them. If the pilot of a ship be drunk, 
 and running upon a rock ; if the passengers cannot otherwise pre- 
 vent it, they may throw him into the sea to cool him. And this 
 question hath received resolution this parliament. When the militia 
 of an army is committed to a General, it is not with any express con- 
 dition, That he shall not turn the mouths of his cannons against his 
 own soldiers ; for that is so naturally and necessarily implied, that it 
 is needless to be expressed ; insomuch as, if he did attempt or com- 
 mand such a thing, against the nature of his trust and place, it did 
 ipso facto estate the army in a right of disobedience ; unless any 
 man be so grossly ignorant to think, that obedience binds men to 
 cut their own throats, or their companions. Nor is this any secret 
 of the law which hath lain hid from the beginning, and now brought 
 out, to bring him to justice ; but that which is co-natural with every 
 man, and innate iij his judgment and reason, and is as ancient as the 
 first King, and an epidemical binding law in all nations in the world. 
 For when many families agree, for the preservation of human society, 
 to invest any King or Governor with power and authority; upon 
 the acceptance thereof, there is a mutual trust and confidence be- 
 tween them. That the King shall improve his power for their good, 
 and make it his work to procure their safeties ; and they to provide 
 for his honour ; which is done to the commonwealth in him, as the 
 sword and ensigns of honour carried before the Lord Mayor are for 
 the honour of the city. Now, as, when any one of this people shall 
 compass the death of the Governor, ruling well, this is a treason 
 punishable with death for the wrong done to the community, and 
 anathema be to such a man : so when he or they that are trusted to 
 
 1 Com. E. Leicester's case. 
 
 281 
 
102 ^rniQtvb^olt Jboct>t2 Utpvint&, 
 
 fight the people's battles, and to procure their welfare, shall prevari- 
 cate, and act to the inslaving or destroying of the people, who are 
 their liege-lords, and all governors are but the people's creatures, and 
 the work of their hands, to be accountable as their stewards, (and is 
 it not senseless for the vessel to ask the potter by what law he calls 
 it to account ?) ; this is high treason with a witness, and far more 
 transcendent than in the former case ; because the King was paid 
 for his service; and the dignity of the person does increase the 
 offence. For a great man of noble education and knowledge to 
 betray so great a trust, and abuse so much love as the parliament 
 shewed to the King, by petitioning him as good subjects, praying for 
 him as good Christians, advising him as good counsellors, and treat- 
 ing with him as the great counsel of the kingdom, with such infinite 
 care and tenderness of his honour, (a course which God's people did 
 not take with Rehoboam; they never petitioned him, but advised 
 him ; he refused their counsel, and hearkened to young counsellors, 
 and they cry. To thy tents, O Israel, and made quick and short work 
 of it) ; after all this, and much more longanimity and patience (which 
 God exercises towards man to bring him to repentance) from the 
 lord to the servant ; for him not only to set up a standard of war in 
 defiance of his dread sovereign the people, (for so they truly were in 
 nature, though names have befooUed us), but to persist so many 
 years in such cruel persecutions, who with a word of his mouth 
 might have made a peace : if ever there were so superlative a treason, 
 let the Indians judge ; and whosoever shall break and violate such a 
 trust and confidence, anathema Maranatha be unto them. 
 
 Quest. But why was there not a written law, to make it treason for 
 the King to destroy the people, as well as for a man .to compass the 
 King's death ? 
 
 Resp. Because our ancestors did never imagine, that any King of 
 England would have been so desperately mad, as to levy a war against 
 the parliament and people. As in the common instance of paricide, 
 the Romans made no law against him that should kill his father ; 
 thinking no child would be so unnatural, to be the death of him who 
 was the author of his life : but when a child came to be accused for 
 a murder, there was a more cruel punishment inflicted, than for other 
 
Sm))n!9iomnmt anu IScatti of Ittns CHarlesi $. 103 
 
 homicides : for he was thrown into the sea in a great leather barrel, 
 with a dog, a jackanapes, a cock, and a viper, significant companions 
 for him, to be deprived of all the elements, as in my Poor maris case, 
 fol. 10. Nor was there any law made against parents that should kill 
 their children ; yet if any man was so unnatural, he had an exemplary 
 punishment. 
 
 Obj. But is it not a maxim in law, That the King can do no wrong ? 
 
 Resp. For any man to say so, is blasphemy against the great God of 
 truth and love : for only God cannot err; because what he wills is right, 
 because he wills it. And it is a sad thing to consider how learned 
 men, for unworthy ends, should use such art to subdue the people, 
 by transportation of their senses, as to make them believe that the 
 law is, That the King can do no wrong. 
 
 I. For law, I do aver it with confidence, but in all humility, that 
 there is no such case to be found in law, that if the King rob, or 
 murder, or commit such horrid extravagancies, that it is no wrong. 
 Indeed the case is put in Hen. VII. by a chief judge, that " if the 
 " King kill a man, it is no felony to make him suffer death ;" that is 
 to be meant in ordinary courts of justice : but there is no doubt but 
 the parliament might try the King, or appoint others to judge him 
 for it. We find cases in law, that the King had been sued even in 
 civil actions. 
 
 In 43 Edw. III. 22. it is resolved. That all manner of actions did 
 lie against the King, as against any Lord. And 24 Edw. III. 23. 
 Wilby, a learned judge, said. That there was a writ Precipe Henrico 
 Regi Anglia. 
 
 Indeed Edw. I. did make an act of state, "That men should sue 
 "to him by petition;" but this was not agreed unto in parliament, 
 "Thelwall title roye digest of writs," 71. But after, when judges 
 places grew great, the judges and bitesheeps began to sing lullaby, and 
 speak Platentia to the King, that " My Lord the King is an angel of 
 "light." Now, angels are not responsible to men, but God; there- 
 fore not kings. And the judges, they begin to make the King a 
 
 283 
 
I04 ^unsnb^U Sortets l^fprtnts. 
 
 God, and say, That by law his style is Sacred Majesty, though he 
 swears every hour ; and Gracious Majesty, though gracious men be 
 the chief objects of his hatred ; and that the King hath an omnipo- 
 tency and omnipresence. 
 
 But I am sure there is no case in law, that if the King levy a war 
 against the parliament and people, that it is not treason. Possibly 
 that case in Hen. VII. may prove, that if the King should in his 
 passion kill a man, this shall not be felony to take away the King's 
 life : for the inconveniency maybe greater to the people, by putting a 
 King to death for one offence and miscarriage, than the execution of 
 justice upon him can advantage them. But what is this to a levying 
 of war against a parliament ? Never any judge was so devoid of 
 understanding, that he denied that to be treason. But suppose a 
 judge that held his place at the King's pleasure did so, I am sure 
 never any parliament said so. But what if there had, in dark 
 times of Popery, been an act made, That the King might murder, 
 ravish, burn, and perpetrate all mischiefs, and play reaks with impunity, 
 will any man that hath but wit enough to measure an ell of cloth, or 
 to tell twenty, say. That this is an obligation for men to stand still, 
 and suffer a monster to cut their throats, and grant commission to 
 rob at Suters-hill ? As such, and no better are all legal thefts and 
 oppressions. The Doctor says. That a statute against giving an alms 
 to a poor man is void. He is no student, I mean, was never bound 
 apprentice to Reason, that says, A King cannot commit treason against 
 the people. 
 
 Obj. But are there not negative words in the statute of 25 Edw. 
 III. That nothing else shall be construed to be treason but what is 
 there expressed ? 
 
 Resp. That statute was intended for the people's safety, that the 
 King's judges should not make traitors by the dozens to gratify the 
 King or courtiers ; but it was never meant, to give liberty to the King 
 to destroy the people. And though it be said, That the King and 
 parliament only may declare treason ; yet, no doubt, if the King will 
 neglect his duty, it may be so declared without him : for when many 
 are obliged to do any service, if some of them fail, the rest must do it. 
 284 
 
Imjjnsonmettt antr Btatli of ittng ©iiarlrss $. 105 
 
 Obj. But is there any precedent, that ever any man was put to 
 death that did not offend against some written law ? for where there 
 is no law, there is no transgression. 
 
 Rcsp. It is very true, where there is neither law of God, nor nature, 
 nor positive law, there can be no transgression ; and therefore that 
 scripture is much abused to apply it only to laws positive. For, 
 
 1. Ad ea quce freqiientius^ &c. It is out of the sphere of all 
 earthly lawgivers to comprehend and express all particular cases that 
 may possibly happen, but such as are of most frequent concurrence ; 
 particulars being different, like the several faces of men different from 
 one another ; else laws would be too tedious : and as particulars 
 occur, rational men will reduce them to general reasons of state, so 
 as everything may be adjudged for the good of the community. 
 
 2. The law of England is. Lex non scripta ; and we have a direction 
 in the epistle to the 3d Rep. That when our law books are silent, we 
 must repair to the law of nature and reason. Holinshed, and other 
 historians, tell us. That in 20 Hen. VIII. the Lord Hungerford was 
 executed for buggery, for which there was then no positive law to 
 make it felony: and before any statute against witchcraft, many 
 witches have been hanged in England, because it is death by God's 
 law. If any Italian mountebank should come over hither, and give 
 any man poison that should lie in his body above a year and a day 
 and then kill him, (as it is reported they can give a man poison that 
 shall consume the body in three years), will any make scruple or 
 question to hang up such a rascal ? At Naples, the great treasurer 
 of corn being intrusted with many thousand quarters at three shillings 
 the bushel, for the common good, finding an opportunity to sell it 
 for five shillings the bushel to foreign merchants, inriched himself 
 exceedingly thereby; and corn growing suddenly dear, the councd 
 called him to account for it ; who profered to allow three shillings 
 for it, as it was delivered into his custody, and hoped thereby to 
 escape ; but for so great a breach of trust, nothing would content the 
 people but to have him hanged : and though there was no positive 
 law for it, to make it treason ; yet it was resolved by the best poli- 
 ticians that it was treason to break so great a trust by the fundamental 
 
 285 
 
io6 ^ttttgtrfaslf Soctftg B^tritttiBi. 
 
 constitution of the kingdom ; and that for so great an offence he ought 
 to die, that durst presume to inrich himself by that which might 
 indanger the lives of so many citizens : for as society is natural, so 
 governors must of necessity, and in all reason, provide for the pre- 
 servation and sustenance of the meanest member, he that is but as the 
 little toe of the body-politic. 
 
 But I know the ingenuous reader desires to hear something con- 
 cerning Ireland, where there were no less than 152,000 men, women, 
 and children, most barbarously and fanatically murdered in the 
 first four months of the rebellion ; as appeared by substantial proofs, 
 at the king's bench, at the trial of Macquire. If the King had a 
 hand, or but a little finger in that massacre, every man will say, Let 
 him die the death. But how shall we be assured of that ? How 
 can we know the tree better than by its fruits ? For my own 
 particular, I have spent many serious thoughts about it, and I desire 
 in doubtful cases to give charity the upper hand ; but I cannot in 
 my conscience acquit him of it. Many strong presumptions, and 
 several oaths of honest men, that have seen the King's commission 
 for it, cannot but amount to a clear proof If I meet a man running 
 down stairs with a bloody sword in his hand, and find a man stabbed 
 in the chamber ; though I did not see this man run into the body by 
 that which I met, yet if I were of the jury, I durst not but find him 
 guilty of the murder. And I cannot but admire, that any man should 
 deny that for him, which he durst never deny for himself. How often 
 was that monstrous rebellion laid in his dish? and yet he durst 
 never absolutely deny it. Never was bear so unwillingly brought to 
 the stake, as he was to declare against the rebels : and when he did 
 once call them rebels, he would suffer but forty copies to be printed, 
 and those to be sent to him sealed : and he hath since above forty 
 times called them his subjects, and his good subjects ; and sent to 
 Ormond to give special thanks to some of these rebels, as Muskerry 
 and Plunket, (which I am confident, by what I see of his height of 
 spirit and undaunted resolution at his trial and since, acting the last 
 part answerable to the former part of his life, he would rather have 
 lost his life, than to have sent thanks to two such incarnate devils, if 
 he had not been as guilty as themselves) ; questionless, if the King 
 had not been guilty of that blood, he would have made a thousand 
 286 
 
Smpngonmrnt anU Utatii of Uttts ©iiatlfsi 8. 107 
 
 declarations against those blood-hounds and hell-hounds, that are not 
 to be named but with fire and brimstone, and have sent to all princes 
 in the world for assistance against such accursed devils in the shape 
 of men. But he durst not offend those fiends and fire-brands ; for 
 if he had, I verily believe they would soon have produced his com- 
 mission under his hand and seal of Scotland at Edinburgh 1641. A 
 copy whereof is in the parliament's hands, attested by oath, dispersed 
 by copies in Ireland, which caused the general rebellion. 
 
 Obj. He did not give commission to kill the English, but to take 
 their forts, castles, towns, and arms, and come over and help him. 
 
 Resp. And is it like all this could be effected without the slaughter 
 of the poor English ? Did the King ever call them rebels, but in 
 forty proclamations wrung out of him by force, by the parliament's 
 importunity ? murdering the Protestants was so acceptable to him ; 
 and with this limitation, that none should be published without his 
 further directions; as appears under Nichols's hand, now in the 
 parliament's custody. But the Scots were proclaimed rebels before 
 they had killed a man, or had an army, and a prayer against them 
 enjoined in all churches ; but no such matter against the Irish. 
 
 Well, when the rebels were worsted in Ireland, the King makes 
 war here to protect them ; which but for his fair words had been pre- 
 vented ; often calling God to witness, he would as soon raise war on 
 his own children : and men from Popish principles assist him. Well, 
 we fought in jest, and were kept between winning and losing. The 
 King must not be too strong, lest he revenge himself; nor the par- 
 liament too strong, for the Commons would rule all, till Naseby fight, 
 that then the King could keep no more days of thanksgiving so well 
 as we. Then he makes a cessation in Ireland, and many Irish came 
 over to help him : English came over with Papists, who had scarce 
 wiped their swords since they had killed their wives and children, and 
 had their estates. 
 
 But this I argue. The rebels knew that the King had proclaimed 
 them traitors, and forty copies were printed : and the first clause of 
 an oath enjoined by the general council of rebels was, " To bear true 
 
 287 
 
io8 nnnsnhjoU Jboctctg Witpvints, 
 
 " faith and allegiance to King Charles ; and by all means to main- 
 " tain his Royal prerogative against the Puritans in the parliament of 
 " England." Now, is any man so weak in his intellectuals, as to ima- 
 gine, that if the rebels had, without the King's command or consent, 
 murdered so many Protestants, and he thereupon had really pro- 
 claimed them rebels, that they would after this have taken a new oath 
 to have maintained his prerogative ? No ; those bloody devils had 
 more wit than to fight in jest. If the King had once in good earnest 
 proclaimed them rebels, they would have burnt their scabbards, and 
 would not have styled themselves i/te King and Queen's army, as they 
 did. And truly, that which the King said for himself. That he would 
 have ventured himself to have gone in person into Ireland to suppress 
 that rebellion, is but a poor argument to enforce any man's belief, 
 that he was not guilty of the massacre : for it makes me rather think, 
 that he had some hopes to have returned at the head of 20 or 30,000 
 rebels, to have destroyed this nation. For when the Earl of Leicester 
 was sent by the parliament to subdue the rebels, did not the King 
 hinder him from going ? and were not the cloaths and provisions which 
 were sent by the parliament, for the relief of the poor Protestants 
 there, seized upon by his command, and his men of war, and sold or 
 exchanged for arms and ammunition, to destroy this parliament ? 
 And does not every man know, that the rebels in Ireland gave letters 
 of mart, for taking the parliament's ships ; but freed the King's, as 
 their very good friends ? And I have often heard it credibly reported, 
 that the King should say. That nothing more troubled him, but that 
 there was not as much Protestant blood running in England and 
 Scotland as in Ireland. And when that horrid rebellion begun to 
 break forth, how did the Papists here triumph and boast, that they 
 hoped ere long to see London streets run down in blood ? And yet 
 I do not think that the King was a Papist, or that he designed to in- 
 troduce the Pope's supremacy in spiritual things into this kingdom. 
 But thus it was, a Jesuitical party at court was too prevalent in his 
 councils ; and some mungrel Protestants, that less hated the Papists 
 than the Puritans, by the Queen's mediation, joined all together to 
 destroy the Puritans ; hoping that the Papists, and the Laodicean 
 Protestants, would agree well enough together. And, lastly, if it be 
 said. That if the King and the rebels were never fallen out, what need 
 had Ormond to make a pacification or peace with them by the King's 
 
Bmjjrtsiottmtttt anU IBtath of fttng Ciiarlrs JF. 
 
 109 
 
 commission, under the great seal of Ireland? Truly there hath 
 been so much dawbing, and so little plain dealing, that I wonder 
 how there comes to be so many beggars. 
 
 Concerning the betraying of Rochel, to the enslaving of the Pro- 
 testant party in France, I confess, I heard so much of it, and was so 
 shamefully reproached for it in Geneva, and by the Protestant 
 Ministers in France, that I could believe no less than that the King 
 was guilty of it. I have heard fearful exclamations from the French 
 Protestants against the King, and the late Duke of Buckingham, for 
 the betraying of Rochel. And some of the Ministers told me ten 
 years since, That God would be revenged of the wicked King of 
 England for betraying Rochel. And I have often heard Deodati 
 say, concerning Henry IV. of France, That the Papists had his body, 
 but the Protestants had his heart and soul ; but for the King of 
 England, The Protestants had his body, but the Papists had his heart : 
 not that I think he did believe transubstantiation, (God forbid I 
 should wrong the dead) ; but I verily believe, that he loved a Papist 
 better than a Puritan. 
 
 The Duke of Roan, who was an honest, gallant man, and the 
 King's godfather, would often say. That all the blood which was shed 
 in Dauphiny, would be cast upon the King of England's score. For 
 thus it was, the King sent a letter to the Rochellers by Sir William 
 Breecher, to assure them, that he would assist them to the uttermost 
 against the French King, for the liberty of their religion, condition- 
 ally, that they would not make any peace without him ; and Montague 
 was sent into Savoy, and to the Duke of Roan, to assure them from 
 the King, that 30,000 men should be sent out of England, to assist 
 them against the French King, in three fleets ; One to land in the isle 
 of Ree, a second in the river of Bourdeaux, and a third in Normandy. 
 Whereupon the Duke of Roan, being General for the Protestants, 
 not suspecting that the French durst assault him in Dauphiny, (be- 
 cause the King of England was ready to invade him, as he had 
 promised), drew out his army upon disadvantage ; whereupon the 
 French King employed all his army in Dauphiny against the Protes- 
 tants ; who were forced to retreat, and the Duke of Roan to fly to 
 Geneva, and the Protestants to accept of peace upon very hard con- 
 
 289 
 
I lo ^ttttgprbfilf ftoct'tts Mfprttttg. 
 
 ditions, to stand barely at the King's devotion for tlieir liberties, with- 
 out any cautionary towns of assurance, as formerly they had ; being 
 such' a piece as the sheep make with the wolves when the dogs are 
 dismissed. And the Protestants have ever since cried out to this 
 very day, It is not the French King that did us wrong, for then we 
 could have borne it ; but it was the King of England, a professed 
 Protestant, that betrayed us. And when I have many times entreated 
 Deodati, and others, to have a good opinion of the King, he would 
 answer me. That we are commanded to forgive our enemies, but not 
 to forgive our friends. 
 
 There is a French book printed about two years since, called 
 Memoirs dii Monsieur de Roan, where the King's horrid perfidiousness 
 and deep dissimulation is very clearly unfolded and discovered. To 
 instance but in some particulars, the King having solemnly engaged 
 to the Rochellers, that he would hazard all the forces he had in his 
 three kingdoms, rather than they should perish, did, in order there- 
 unto, to gain credulity with them, send out eight ships to sea, com- 
 manded by Sir John Pennington, to assist the Rochellers, as was 
 pretended ; but nothing less intended : for Pennington assisted the 
 French King against the Rochellers ; which made Sir Ferdinando 
 Gorge to go away with the Great Neptune, in detestation of so damn- 
 able a plot ; and the English masters and owners of ships refusing to 
 lend their ships to destroy the Rochellers, whom with their souls 
 they desired to relieve, Pennington in a mad spite shot at them. 
 
 Subise, being agent here in England for the French Protestants, 
 acquainted the King how basely Pennington had dealt ; and that the 
 English ships had mowed down the Rochel ships like grass, not only 
 to the great danger and loss of the Rochellers, but to the eternal dis- 
 honour of this nation, scandal of our religion, and disadvantage of 
 the general affairs of all the Protestants in Christendom. The King 
 seems to be displeased, and says, What a knave is this Pennington ? 
 But whether it was not feigned, let all the world judge. But the 
 thing being so plain, said Subise to the King, Sir, why did the Eng- 
 lish ships assist the French King ? and those that would not, were 
 shot at by your Admiral. The French Protestants are no fools; how 
 can I make them believe that you intend their welfare ? The King 
 290 
 
Impn'sjonment attU IBtath of Ittng Ciiarles 5. 1 1 1 
 
 was much put to it for a ready answer; but at last thus it was packed 
 up, that the French King had a design to be revenged of Genoa for 
 some former affront ; and that the King lent him eight English ships 
 to be employed for Genoa; and that sailing towards Genoa, they 
 met with some of the Rochellers accidentally : and that the English 
 did but look on, and could not help it, not having any commission 
 to fight at that present : wherein the Rochellers might, and would 
 have declined a sea-fight, if they had not expected our assistance. 
 But still the poor Protestants were willing, rather to blame Penning- 
 ton than the King ; who, in great seeming zeal, being surety for the 
 last peace between the French King and his Protestant subjects, 
 sends Devick to the Duke of Roan, to assure him, that if Rochel 
 were not speedily set at liberty, (which the French King had be- 
 sieged, contrary to his agreement), he would employ his whole 
 strength, and in his own person see it performed : which being not 
 done, then the King sends the Duke of Buckingham to the isle of 
 Ree, and gives new hopes of better success to Subise, commanding 
 the Admiral and officers in the fleet, in Subise's hearing, to do noth- 
 ing without his advice. But when the Duke came to land at the isle 
 of Ree, many gallant Enghshmen lost their lives, and the Duke 
 brought back 300 tuns of corn from the Rochellers, which he had 
 borrowed of them, pretending a necessity for the Englishmen ; which 
 was but feigned, knowing it was a city impregnable, so long as they 
 had provision within. I confess the Rochellers were not wise to lend 
 the Duke their corn, considering how they had been dealt with. But 
 what a base thing was it, so to betray them, and to swear unto them, 
 that they should have corn enough sent from England before they 
 wanted it? and for a long time, God did miraculously send them in a 
 new kind of fish which they never had before. But when the Duke 
 came to court, he made the honest English believe, that Eochel would 
 suddenly be relieved; and that there was not the least danger of the loss 
 of it. But Secretary Cook, an honest understanding gentleman, and 
 the only friend at court to the Rochellers, labouring to improve his 
 power to send some succour to Rochel, was suddenly sent away from 
 court upon some sleeveless errand ; or, as some say, to Portsmouth, 
 under colour of providing corn for Rochel. But the Duke soon after 
 went thither, and said. His life upon it, Rochel is safe enough. And 
 the next day, Subise being at Portsmouth, he pressed the Duke of 
 
 291 
 
I f2 i^ttnsfrijBle Sonets l^epn'nts. 
 
 Buckingham most importunately to send relief to Rochel then or never; 
 the Duke told him, that he had just then heard good news of the 
 victualling of Rochel, which he was going to tell the King : which 
 Subise making doubt of, the Duke affirmed it by an oath; and having 
 the words in his mouth, he was stabbed by Felton, and instantly died. 
 The poor Rochellers seeing themselves so betrayed, exclaimed of the 
 English, and were constrained through famine to surrender the city. 
 Yet new assurances came from the King to the Duke of Roan, that 
 he should never be abandoned ; and that he should not be dismaid 
 nor astonished for the loss of Rochel. 
 
 But Subise spoke his mind freely at court, That the English had 
 betrayed Rochel ; and that the loss of that city was the apparent per- 
 dition and loss of thirty two places of strength from the French Pro- 
 testants in Languedoc, Piedmont, and Dauphiny : therefore it was 
 thought fit that he should have a fig given him to stop his mouth. 
 Well, not long after, two capuchins were sent into England to kill 
 honest Subise ; and the one of them discovered the other. Subise 
 rewarded the discoverer, and demanded justice here against the other, 
 who was a prisoner ; but, by what means you may easily imagine, 
 that assassinate rascal, instead of being whipped, or receiving some 
 more severe punishment, was released, and sent back into France 
 with money in his purse. And one of the messengers that was sent 
 from Rochel to complain of those abominable treacheries, was taken 
 here, and, as the Duke of Roan writes, was hanged for some pre- 
 tended felony or treason. And much more to this purpose may be 
 found in the Duke of Roan's memorials. But yet I know many wise, 
 sober men do acquit the King from the guilt of the loss of Rochel, 
 and lay it upon the Duke, as if it were but a loss of his reputation. 
 They say, that the Duke of Buckingham agitated his affairs, neither 
 for religion, nor the honour of his master ; but only, to satisfy his 
 passion in certain foolish vows which he made in France, entered 
 upon a war ; and that the business miscarried through ignorance, and 
 for want of understanding to manage so difficult a negotiation, he 
 being unfit to be an Admiral or a General. 
 
 I confess that for many years I was of that opinion, and thought 
 
 that the King was seduced by evil counsel ; and some thought, that 
 292 
 
Jmjjrtsonmtnt aittr ?Sfatii of ittns CHavltiS i. 113 
 
 Buckingham, and others, ruled him as a child, and durst do what 
 they list. But certainly he was too politic and subtil a man to be 
 swayed by anything but his own judgment. Since Naseby letters, I 
 ever thought him principal in all transactions of state, and the wisest 
 about him but accessories. He never acted by any implicit faith in 
 state-matters ; the proudest of them all durst never cross him in any 
 design when he had once resolved upon it. Is any man so soft- 
 brained to think, that the Duke or Pennington durst betray Rochel 
 without his command ? would not he have hanged them up at their 
 return, if they had wilfully transgressed his commands? A thousand 
 such excuses made for him, are but like Irish quagmires, that have 
 no solid ground or foundation in reason. He was well known to be a 
 great student in his younger days, that his father would say, He must 
 make him a Bishop. He had more learning and dexterity in state- 
 affairs, undoubtedly, than all the kings in Christendom. If he had 
 had grace answerable to his strong parts, he had been another Solo- 
 mon ; but his wit and knowledge proved like a sword in a mad-man's 
 hand : he was a stranger to the work of grace and the Spirit of God, 
 as the poor creature confessed to Mr Knowles after he was con- 
 demned ; and all those meanders in state, his serpentine . turnings 
 and windings, have but brought him to shame and confusion. But 
 I am fully satisfied, none of his council durst ever advise him to any 
 thing but what they knew before he resolved to have done : and that 
 they durst as well take a bear by the tooth, as do, or consent to the 
 doing of any thing, but what they knew would please him. They 
 did but hew and square the timber ; he was the master-builder that 
 gave the form to every architecture. And being so able and judi- 
 cious to discern of every man's merits, never think that the Duke or 
 Pennington, or any judge or officer, did ever any thing for his advan- 
 tage, without his command, against law or honour. 
 
 Upon all which premisses, may it please your Lordship, I do 
 humbly demand and pray the justice of this high court : and yet not 
 I, but the innocent blood that hath been shed in the three kingdoms, 
 demands justice against him. This blood is vocal, and cries loud ; 
 and yet speaks no better, but much louder than the blood of Abel. 
 For what proportion hafh the blood of that righteous man, to the 
 blood of so many thousands ? If King Ahab and Queen Jezebel, 
 
 293 
 
1 14 ^ttttfiftrbala Sortfta Meprtnts. 
 
 for the blood of one righteous Naboth, (who would not sell his in- 
 heritance for the full value,) were justly put to death ; what punish- 
 ment does he deserve that is guilty of the blood of thousands, 
 and fought for a pretended prerogative, that he might have any 
 man's estate that he liked without paying for it ? This blood hath 
 long cried, " How long, parliament ; how long, army, will ye forbear 
 " to avenge our blood ? Will ye not do justice upon the capital 
 " author of all injustice ? When will ye take the proud lion by the 
 " beard, that defies you with imperious exultations? What is the 
 " house of Commons ? what is the army ? (as Pharaoh said. Who is 
 " the Lord 2 and who is Moses?), I am not accountable to any 
 " power on earth." Those that were murdered at Brainford, knocked 
 on the head in the water, and those honest souls that were killed in 
 cold blood at Bolton and Liverpool in Lancashire, at Bartomley in 
 Cheshire, and many other places, their blood cries night and day for 
 justice against him ; their wives and children cry, " Justice upon the 
 " murderer, or else give us our fathers and husbands again ;" nay, 
 should the people be silent, the very stones and timber of the houses 
 would cry for justice against him. But, my Lord, before I pray 
 judgment, I humbly crave leave to speak to two particulars, i. Con- 
 cerning the prisoner. When I consider what he was, and how many 
 prayers have been made for him ; though I know that all the world 
 cannot restore him, nor save his life, because God will not forgive 
 his temporal punishment ; yet if God in him will be pleased to add 
 one example more to the church of his unchangeable love to his 
 elect in Christ, not knowing but that he may belong to the election 
 of grace, I am troubled in my spirit in regard of his eternal condi- 
 tion, for fear that he should depart this life, without love and recon- 
 ciliation to all those saints whom he hath scorned under the notion 
 of Presbyterians, Anabaptists, Independents, and Sectaries. It can- 
 not be denied, but that he hath spent all his days in unmeasurable 
 pride ; that, during his whole reign, he hath deported himself as a 
 God ; been depended upon, and adored as God ; that hath chal- 
 lenged and assumed an omnipotent power, an earthly omnipotence ; 
 that with the breath of his mouth hath dissolved parliaments : his 
 JVon placet hath made all the counsels of that supreme court to 
 become abortives. Non euro hath been his motto ; who, instead of 
 being honoured as good kings ought to be, and no more, hath been 
 294 
 
Iwpn'siottintttt anir Bratii of Hitts CCiiarltjS $. 115 
 
 idolized and adored, as our good God only ought to be : a man that hath 
 shot all his arrows against the upright in the land, hated Christ in 
 his members, swallowed down unrighteousness as the ox drinks 
 water, esteemed the needy as his footstool, crushed honest public- 
 spirited men, and grieved when he could not afflict the honest more 
 than he did; counted it the best art and policy to suppress the 
 righteous, and to give way to his courtiers so to gripe, grind, oppress 
 and over-reach the free people of the land, that he might do what he 
 list, (the remembrance whereof would pierce his soul, if he knew the 
 preciousness of it). But all sins to an infinite mercy are equally 
 pardonable ; therefore my prayer for this poor wretch shall be. That 
 God would so give him repentance to life, that he may believe in 
 that Christ whom'he hath imprisoned, persecuted and murdered in 
 the saints ; that he which hath lived a tyrant, and hated nothing so 
 much as holiness, may die a convert, and in love to the saints in 
 England ; that so the tears of the oppressed and the afflicted may 
 not be as so many fiery stinging serpents, causing an eternal despair- 
 ing, continual horror to this miserable man, when all tyrants shall be 
 astonished, and innocent blood will affright more than twelve legions 
 of devils. All the hurt that I wish to him, is, that he may look the 
 saints in the face with comfort, for the saints must judge the world. 
 And however it may be he or his adherents may think it a brave 
 Roman spirit, not to repent of any thing, nor express any sorrow for 
 any sin, though never so horrid ; taking more care and fear not to 
 change their countenance upon the scaffold, than what shall become 
 of them after death : yet I beseech your Lordship, that I may tell 
 him and all the malignants now living but this : " Charles Stuart, 
 " unless you depart this life in love and reconciliation to all those 
 " saints and godly men whom you have either ignorantly or malici- 
 " ously opposed, mocked and persecuted, and still scorn and jeer at 
 " as heretics and sectaries, there is no more hopes for you ever to 
 " see God in comfort, than for me to touch the heavens with my 
 " finger, or with a word to annihilate this great building ; or for the 
 " devil to be saved, which he might be, if he could love a saint as 
 " such." No, Sir, it will be too late for you to say to those saints 
 whom you have defied, " Give me some of your hoUness, that I may 
 " behold God's angry countenance." You can expect no answer, 
 but, " Go, buy. Sir, of those soul-hucksters, your Bishops, which fed 
 
 29s 
 
I [6 aungtrbslf Somta Beprmtis. 
 
 " you with chaff and poison, and now you must feed upon fire and 
 " brimstone to all eternity." 
 
 2. Concerning myself, I bear no .more malice to the man's person, 
 than I do to my dear father ; but. I hate that cursed principle of 
 tyranny that has so long lodged and harboured within him, which 
 has turned our waters of law into blood ; and therefore upon that 
 malignant principle I hope this high court (which is an habitation 
 of justice, and a royal palace of principles of freedom) will do speedy 
 justice, that this lion, which has devoured so many sheep, may not 
 only be removed out of the way, but that this iron sceptre, which hath 
 been lifted up to break this poor nation in pieces hke a potter's vessel, 
 maybe wrested out of the hands of tyrants ; tl?at my honourable 
 clients (for whom I am an unworthy advocate) the people of England, 
 may not only taste, but drink abundantly of those sweet waters of 
 that well of liberty which this renowned army hath digged with their 
 swords, which was stopped by the Philistines, the fierce Jew, and un- 
 circumcised Canaanite. The hopes whereof made me readily to 
 hearken to the call to this service, as if it had been immediately from 
 heaven ; being fully satisfied, that the prisoner was long since con- 
 demned to die by God's law, (which being more noble and ancient 
 than any law of man, if there had been a statute that he should not 
 die, yet he ought to be put to death notwithstanding) ; and that this 
 high court was but to pronounce the sentence and judgment written 
 against him. And though I might have been sufficiently discouraged, 
 in respect that my reason is far less than others of my profession ; 
 yet considering that there are but two things desirable to make a 
 dumb man eloquent ; namely, A good cause, and good judges ; the 
 first whereof procures the justice of heaven, and the second justice 
 upon earth ; and thinking that happily God might make use of one 
 mean man at the bar, amongst other learned counsel, that more of 
 his mind might appear in it, (for many times the less there is of man, 
 the more God's glory doth appear ; and hitherto very much of the 
 mind of God hath appeared in this action), I went as cheerfully about 
 it as to a wedding : and that the glory of this administration may be 
 wholly given to God, I desire to observe, to the praise of his great 
 name, the work of God upon my own spirit, in his gracious assistance 
 
 and presence with me, as a return of prayer and fruit of faith ; believ- 
 296 
 
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