be poured out upon the two counties of Cornwall | in England; and therefore deserved a just acknowand Devonshire; the people whereof had been so ledgment; besides that, some clauses in that much oppressed by the jurisdiction of that court, statute assert the subject's liberty and property, (supported and extended with great passion and beyond what was done by the petition of right; fury by the earl of Pembroke, the lord warden of which needed an additional establishment. those stannaries,) that both prohibitions, and habeas corpus's from the king's bench, had been disobeyed and neglected; not without some personal affront, and reproach to all the judges of that court: and therefore, it could not but be great ease of heart to those parts, to be freed from the exorbitancy of that oppression. "An act, whereby all the proceedings in the "business of ship-money were adjudged void, and "disannulled; and the judgments, enrolments, "and entries thereupon, vacated and cancelled:" which (how just and necessary soever) was a frank departure from a right, vindicated by a judgment in the exchequer-chamber, before all the judges These acts of parliament, finished and enacted in the time we speak of; besides the quitting the long used right of imposing upon foreign trade, in the preamble of the bill for tonnage and poundage; and besides that fatal bill for the continuance of this parliament; will be hereafter acknowledged by an incorrupted posterity, to be everlasting monuments of a princely and fatherly affection to his people; and such an obligation of repose and trust from the king in the hearts of his subjects, that no expressions of piety, duty, and confidence, from them, could have been more than a sufficient return on their parts: which how they performed, is to follow in the next place. END OF THE THIRD BOOK. THE HISTORY OF THE REBELLION, &c. WH BOOK IV. HEN the king came to York, which was about the middle of August, he found no part of either army disbanded; for, though orders had been issued to that purpose, yet the money, without which it could not be done, was not yet come to their hands; and because so great a sum could not be presently procured, as would satisfy both, an act of parliament had been passed, for the satisfaction of the principal officers of the king's army, by which they were promised payment, upon the public faith, in November following; till which time they were to respite it, and be contented that the common soldiers, and inferior officers, should be fully satisfied upon their disbanding. During the time of the king's abode at York, which was not many days, the earl of Holland, lord general, made a suit to him for the making a baron; which, at that time, might have been worth to him ten thousand pounds. Whether the king apprehended the making an unfit man, who might disserve him in the house of peers; or whether he resolved to contain himself from enlarging that number, except upon an extraordinary relation to his own service, I know not: but he thought not fit, at that time, to gratify the earl: by which he took himself to be highly disobliged, (as the courtiers of that time took whatsoever was denied to them, as to be taken from them,) and having received some information, from sir Jacob Ashley and sir John Coniers, of some idle passages in the late tampering with the army to petition, which had not been before heard of; as soon as the king was gone towards Scotland (though his majesty hath since told me, "that he thought he had left the "earl at parting in very good humour, and devotion "to his service") he wrote a letter to the earl of Essex, to be communicated in parliament," that "he found there had been strange attempts made "to pervert and corrupt the army, but, he doubted "not, he should be able to prevent any mischief:" the whole sense being so mysterious, that it was no hard matter, after it was read in both houses, to persuade men, that it related to somewhat they had yet never heard; and being dated on the sixteenth day of August, which must be the time that the king was there, or newly gone, (for he took his journey from London on the tenth,) seemed to reflect on somewhat his majesty should have attempted. Hereupon their old fears are awakened, and new ones infused into the people; every man taking the liberty of making what interpretation they pleased of that which no man understood. The papists were the most popular commonplace, and the butt against whom all the arrows were directed; and so, upon this new fright, an order was made by both houses "for disarming all "the papists in England: " upon which, and the like orders, though seldom any thing was after done, or no matter of moment, yet it served to keep up the fears and apprehensions in the people, of dangers and designs, and to disincline them from any reverence or affection to the queen, whom they began every day more implacably to hate, and con- | licitous to attend the public service; but betook sequently to disoblige. And, as upon those, and themselves to those exercises and refreshments the like light occasions, they grew to a license of which were pleasanter to them: insomuch, as language, without the least respect of persons, of within twenty days after the king's remove, there how venerable estimation soever; so they departed were not above twenty lords, nor much above a from any order or regularity in debate; or rules hundred commoners, in both houses. But this and measure in judging; the chief rulers amongst was the advantage they looked for; those persons them first designing what they thought fit to be continuing (especially in the house of commons) done, and the rest concluding any thing lawful, to whose care and managery the whole reformation that they thought, in order to the doing or com- was committed. They now entered upon the conpassing the same in which neither laws nor cus- sultation of the highest matters, both in church toms could be admitted to signify any thing against and state; and made attempts and entries upon their sense. those regalities and foundations, which have been since more evident in wider and more notorious breaches. 66 I remember, about that time, in the providing money for the disbanding the armies, upon which they were marvellously solicitous, from the time that the king went towards the north, there arose a question, "Whether Wilmot, Ashburnham, and “Pollard, should receive their pay due to them upon their several commands, lying under the charge of the plot, for bringing up, and corrupting the army;" very many passionately alleging, "that such men ought not to receive their pay, who "had forfeited their trust:" yet there wanted not many who alleged, "that they had the security of an act of parliament for their payment, and that "in justice it could not be detained from them; "that, though they lay under the displeasure of "the house, yet there was so far from a judgment, "that there was not so much as a charge against them, but that they were at liberty under bail; " and therefore they could not be said to have for"feited any thing that was their own." In this debate the house seemed equally divided, till one, who well knew what he said, told them, "that "there could not be any reasonable pretence for detaining their due, as well for the reasons that "had been given, as, that they were absolutely pardoned by the late act of oblivion, and pacifica"tion, between the two kingdoms:" the which was no sooner said, than many of those who were before inclined to the gentlemen, changed their opinions, and, without so much as calling to have the statute read, declared, "that they could have no benefit by that act of parliament, because then, the same might be as well applied to the archbishop of Canterbury." And so, without further weighing the law, or the reason, it was thought sufficient, not only to exclude them from that benefit, but to bar them from their money; lest they might be thought to be admitted to it for that reason, which might prove an advantage to another, to whom they had no inclination to be just. And no question, they had been overseen in the penning that statute; the words, in their true and genuine signification and extent, comprehending as well the archbishop of Canterbury, as those who at that time had no contempt of the security they reaped thereby. Soon after the king went into Scotland, there being some motion "to adjourn the houses till after Michaelmas," which seemed to be generally inclined to, very many of both houses being will`ing to refresh themselves in the country, after so long absence from their homes, (the summer being far spent, and the plague increasing; of which some members had died: and others were in danger, having been in infected houses,) and conceiving, that there was no more to be done till the return of the king, save only the procuring money to finish the disbanding; went into the country: and others, who stayed in the town, were less so So when they assumed the power to control and reverse the license and power granted by the king to the Spanish ambassador, for transporting four thousand Irish soldiers upon the disbanding that army into Flanders, (as was before touched,) and to the French ambassador, for three thousand of the army disbanded here, for the service of that king; in debate whereof they used all license to look into the mysteries of state, and to weigh the interest of kingdoms, of which very few of them could be competent considerers, though they had been qualified by authority. In these irregular and undutiful contests, the French ambassador, whose business was to foment the jealousies between the king and people, had insinuated himself into that liberty of transporting men for his master's service, with no other design, than to be thereby enabled to contribute towards the affronting the king, by departing from it, to ingratiate the houses; and, therefore, having very particular intercourse and correspondence with the prime managers, as soon as upon their first addresses his majesty had signified his engagement to the two kings, and that he could not in honour recede from what he had promised, he voluntarily offered to acquit the king of that supply which concerned his master, if his majesty would likewise retract what was expected by the Spaniard; which gave them opportunity so importunately to press his majesty, who had no other counsel to consult with upon any despatches, but such as durst not contradict their overtures, (secretary Vane then waiting on him,) that he departed from his former resolutions and concessions; and so to common understanding disobliged both crowns, with that disadvantage to himself, that both thereby found his want of power; and the Spaniard from thence (besides the inflammation of the correspondence with Portugal) took occasion to comply with those, who they found could do them hurt; whilst the French delighted themselves both with disappointing their enemy, and cozening their friends; to whom, in truth, they were more irreconciled than to the other. Whether in that conjuncture of the affairs of Christendom, the resolution was well taken of supplying those two kings, or either of them, with soldiers at that time, or whether either kingdom could then well spare auxiliaries to another, I will not now consider; but the counsel being once taken, it was in view that the retracting of it by their advice, who naturally were not counsellors in those mysteries, and yet were very apt to extend and usurp the jurisdiction and right of advising, upon the least precedent of admission, would open a door to let in many bold desires, to the king's disadvantage. From this liberty and success of advising what was fit to be done without the walls of the kingdom, with reference to the levies for France and Spain, they assumed the same freedom, of consulting and determining what was not fit, within the walls of the church; and finding their numbers to be so thin, that they might, by art or accident, prevail with the major part to be of their mind; and to gratify the more violent party of the reformers, (who, with great impatience, suffered themselves to be contained within any bounds or limits, by those who knew better how to conduct their business,) they entered upon debate of the Book of Common-Prayer, (which sure, at that time, was much reverenced throughout the kingdom,) and proposed, "in regard (they said) many things in it gave offence, at least umbrage, to "tender consciences, that there might be liberty to disuse it:" which proposition was so ungracious, that, though it was made in a thin house, and pressed by those who were of the greatest power and authority, it was so far from being consented to, that by the major part (the house consisting then of about six score) it was voted, "that "it should be justly and duly observed." clare what the law was, nor a jurisdiction over those who should infringe the law, was so transcendent a presumption, and breach of privilege, that there was great expectation what the lords would do in their own vindication. There was one clause in the act of pacification, "that there should be a public and solemn day of "thanksgiving, for the peace between the two "kingdoms of England and Scotland:" but no day being appointed for that act of indevotion, the lords and commons assumed the power to themselves of directing it; and, to that purpose, made an ordinance, as they called it, " that it should be "observed on the seventh of September following, throughout the kingdom of England and do"minion of Wales." Which was done accordingly; the factious ministers in all pulpits taking occasion then to magnify the parliament, and the Scots; and to infuse as much malignity into the people, against those who were not of that faction, as their wit and malice could suggest; the house of commons celebrating that day in the chapel at Lincoln's Inn; because the bishop of Lincoln, as dean of Westminster, had formed a prayer for that occasion, and enjoined it to be read on that day, in those churches [where he had jurisdiction]; which they liked not: both as it was formed, and formed by him; and so avoided [coming there]. After the solemnization of that day, and the making their declaration against the lords, about the order above mentioned, and the recommending some seditious, unconformable ministers, to be lecturers in churches about London, which the ministers were compelled to receive: when they had great apprehension, by their members leaving them, that they should not have forty remaining, (less than which number could not constitute a house of commons,) they consented to a recess; and on the ninth day of September, 1641, they adjourned themselves till the twentieth day of October following: either house irregularly (for the like had never before been practised) making a committee, to meet twice a week, and oftener, if they saw cause, during the recess, and to transact such business as they were authorized to do by their instructions. However, the next day, contrary to all rules and orders of parliament, very many being absent who had been active in that debate, they suspended that order; and resolved, "that the standing of "the communion-table in all churches should be "altered;" the rails (which in most places had been set up for the more decency) "should be "pulled down; that the chancels should be le"velled, and made even with all other parts of the church; and that no man should presume to "bow at the name of Jesus," (which was enjoined by a canon, and of long usage in the church;) and having digested these godly resolutions into an order, they carried it up to the lords for their concurrence; promising themselves, that, from the small number which remained there, they should find no dissent. But the major part of the lords being much scandalized, that the house of commons should not only unseasonably, and irregularly, interpose in a matter of which they had not the least jurisdiction; but should presume to disturb the peace of the church, and interrupt the The house of lords limited their committee settled and legal government thereof, by such (which consisted of the earls of Essex, Warwick, schismatical presumption, not only refused to join the lords Wharton, Kimbolton, and twelve more; with them, but, instead thereof, directed an order, but every three were as able to transact as the formerly made by the house of peers, (on the six- whole number) by their instructions, " only to teenth of January before,) to be printed, to this open the letters which should come from the effect: "that the divine service should be per- "committee in Scotland, and to return answers "formed, as it is appointed by the acts of parlia-"to them; with power to recall that committee, "ment of this realm; and that all such as shall "disturb that wholesome order, shall be severely "punished, according to the law;" and acquainted the commons therewith: who, nothing satisfied, pursued their former order; and, "commanding "all the commons of England to submit to their "direction, declared, that the order of the lords "was made by the consent but of eleven lords, and that nine other lords did dissent from it; "and, therefore, that no obedience should be "given thereunto." Whereas the order had been made in full parliament, seven months before; and was seasonably ordered to be published, by the major part present, upon that important occasion. And such an arraigning the house of peers, for publishing an order in maintenance of the laws established, by those who had no authority to de "when they thought fit; to send down monies to "the armies; and to assist about their disband"ing; and in removing the magazines from Ber"wick and Carlisle." But the house of commons thought this power too narrow for their committee; and therefore against order too (for the power of the committees of both houses ought to have been equal) they qualified theirs (which consisted of Mr. Pym, Mr. Saint-John, Mr. Strode, sir Gilbert Gerrard, sir Henry Mildmay, sir Henry Vane, alderman Pennington, captain Venn, and others; every six having the authority of the whole) as well with [the] powers granted to the lords, as likewise, to " go on in preparation of proceedings against such delinquents, as were voted or complained against "in the house; and to receive any offers [of dis 66 "covery] that they should make; to send to all sheriffs, and justices of peace, upon information "of any riots, or tumults; to stir them up to their "duty in repressing them; and to report to their "house any failing in obedience to their sending; "to take the accounts of any accountants to his majesty, in order to the preparations of his majesty's revenue; to consider of framing and constituting a West India company; and to con"sider the fishing, upon the coasts of England, "Scotland, and Ireland;" and many other extravagant particulars: which neither of both houses had to do with, but served to magnify the authority of that committee; and to draw resort and reverence to them from almost all sorts of men. The houses being thus adjourned, the committee of the commons appointed Mr. Pym to sit in their chair; who, forthwith, with his own hand, signed the printed declarations before mentioned, of the ninth of September; and caused them to be so read in all churches in London, and throughout the counties. Whereupon the seditious and factious persons caused the windows to be broken down in churches; broke down the rails, and removed the table, (which, in many churches, had stood in that manner ever since the reformation,) and committed many insolent and scandalous disorders. And when the minister, and the graver and more substantial sort of inhabitants, used any opposition, and resisted such their license, they were immediately required to attend the committee; and, if they could be neither persuaded nor threatened to submit, their attendance was continued from day to day, to their great charge and vexation. If any grave and learned minister refused to admit into his church a lecturer recommended by them, (and I am confident, there was not, from the beginning of this parliament, one orthodox or learned man recommended by them to any church in England,) he was presently required to attend upon the committee; and not discharged till the houses met again; and then likewise, if he escaped commitment, continued, to his intolerable loss and trouble: few men having the patience to endure that oppression, against which they knew not whither to appeal; and therefore in the end submitted to what they could not resist; and so all pulpits were supplied with their seditious and schismatical preachers. The armies were at last disbanded: and, about the end of September, the earl of Holland, in great pomp, returned to his house at Kensington; where he was visited and caressed, with great application, by all the factious party: for he had now, whether upon the disobligation remembered before, of being denied the making a baron; or upon some information, of some sharp expressions used by the queen upon his letter; and the conscience of that letter: or the apprehensions of being questioned and prosecuted upon the enormities of his office of chief justice in eyre, and other transgressions, fully declared himself of their party. And that they might be the better prepared to keep up the prejudice to the king, and the keenness against the court, till the coming together of both houses; when they had reason to believe the observation of their crooked and indirect courses, and their visible, unwarrantable breaches, upon the church, and the religion established by law, would render men less devoted to them; his lordship furnished them with many informations of what had passed in the late army, which might be wrested to the king's disadvantage; told them whatsoever the king himself had said to him, when he looked upon him as a person true to him; and when, it is very probable, he was not much delighted with the proceedings at Westminster; and of all the particulars, which sir Jacob Ashley, and sir John Coniers, had informed him, when they took him to be of entire trust with his majesty, and wholly under that consideration, (whereupon they were afterwards examined, and compelled to testify that in public, which they had before imparted to him in the greatest secrecy;) and added to all this, whatever information he had received by the lady Carlisle, of words or actions, spoken or done by the queen, which might increase their jealousy and malice to her majesty. And himself (who had been always believed a creature of the queen's, and exceedingly obliged and protected by her immediate and single grace and favour, against the earl of Portland, the earl of Strafford, and the archbishop of Canterbury, in those high times when they had otherwise destroyed him) visited her majesty but once, from the time of his return out of the north, to the time of the king's return from Scotland, which was full six weeks. And yet, there were some men still at those private meetings at Kensington, who thought the queen's favour a likelier means for their preferment, than the interest of the others; and therefore always gave advertisement to her of what passed in that company: which information, for want of due care in the managery, and by reason of the unfaithfulness of her nearest servants, commonly produced somewhat, of which the other side made greater advantage, than she could do by the knowledge of their counsels and resolutions. The short recess of the parliament, though it was not much above the space of a month, was yet a great refreshment to those who had sat near a full year, mornings and afternoons, with little or no intermission; and in that warm region, where thunder and lightning was made. Some very unwarrantable proceedings, by the committee that sat during the recess, or Mr. Pym, who sat in the chair of that committee, and issued out those orders concerning the church, gave so much offence and scandal, that the members were like to meet together with more courage, and less inclinations to novelties, than they had parted with. But there were several accidents fell out, some from very little, and some from very great causes, which, though they may not seem precisely pertinent to this present discourse, had that influence upon the nature and spirits of men, and upon the actions of that time, that, for the better understanding some particular passages, which will appear pertinent, it will be even necessary, briefly, and it shall be but very briefly, to mention some of those, how foreign soever. When the king went into Scotland; for the better preserving the correspondence between the two kingdoms, as was pretended; and to see all things performed, which were to be done in the parliament of Scotland, by the act of pacification; a small committee [as hath been before said] was appointed by the two houses, consisting of one lord and two commoners, to attend (as the phrase was) upon his majesty: but, in truth, to be a spy upon him; and to give the same assistance to the parliament there, upon any emergent oc- | for the covenant; and had, by underhand and casion, as the Scottish commissioners had done here. The person appointed by the lords, was the lord Howard of Escrick, a younger son of the house of Suffolk; who, in the time of the duke of Buckingham, married a niece of his; and having his whole dependence upon him, and being absolutely governed by him, was by him made a baron: but that dependence being at an end, his wife dead, and he without any virtue to promote himself, he withdrew himself from following the court, and, shortly after, from wishing it well; and had now delivered himself up, body and soul, to be disposed of by that party, which appeared most averse, and obnoxious, to the court and the government: and only in that confidence was designed to that employment; and to be entirely disposed and governed by the two members, who were joined with him by the house of commons, and they were, sir Philip Stapleton and Mr. Hambden. The latter hath been mentioned before, as a man of great parts of understanding, and of great dexterity in nature and manners; and he must upon all occasions still be mentioned as a person of great utility, and equal to any employment or trust, good or bad, which he was inclined to undertake. The other, sir Philip Stapleton, was a proper man, of a fair extraction; but, being a branch of a younger family, inherited but a moderate estate, about five hundred pounds the year, in Yorkshire; and, according to the custom of that country, [had] spent his time in those delights which horses and dogs administer. Being returned to serve in parliament, he concurred with his neighbours, Hotham and Cholmondley; being much younger than they, and governed by them in the prosecution of the earl of Strafford; and so was easily received into the company and familiarity of that whole party which took that work to heart; and in a short time appeared a man of vigour in body and mind; and to be rather without good breeding, than not capable of it; and so he quickly outgrew his friends and countrymen in the confidence of those who governed: and they looked upon him, as worth the getting entirely to them; and not averse from being gotten; and so joined him with Mr. Hambden in this their first employment (and the first, that ever a parliament had of that kind) to be initiated under so great a master; whose instruction he was very capable of. 66 secret insinuations, made proffer of his service to the king. But now, after his majesty's arrival in Scotland, by the introduction of Mr. William Murray of the bedchamber, he came privately to the king; and informed him of many particulars, from the beginning of the rebellion; and," that the marquis of Hamilton was no less faulty, and "false towards his majesty, than Argyle;" and offered "to make proof of all in the parliament;" but rather desired," to kill them both;" which he frankly undertook to do; but the king, abhorring that expedient, for his own security, advised, "that the proofs might be prepared for the par"liament." When suddenly, on a Sunday morning, the city of Edinburgh was in arms; and Hamilton and Argyle both gone out of the town to their own houses; where they stood upon their guards; declaring publicly, "that they had withdrawn themselves, because they knew that there was a design to assassinate them; and chose rather to "absent themselves, than by standing upon their "defence in Edinburgh (which they could well "have done) to hazard the public peace and the " security of the parliament; which thundered on "their behalf." The committee at Edinburgh despatched away an express to London, with a dark and perplexed account, in the morning that the two lords had left the city; with many doubtful expressions, "what the end of it would be;" not without some dark insinuations, as if the design might look farther than Scotland. And these letters were brought to London, the day before the houses were to come together, after the recess; all that party taking pains to persuade others, "that it "could not but be a design to assassinate more men than those lords at Edinburgh." 66 And the morning the houses were to meet, Mr. Hyde being walking in Westminster-hall, with the earl of Holland and the earl of Essex, both the earls seemed wonderfully concerned at it; and to believe, that other men were in danger of the "like assaults:" the other not thinking the apprehension worthy of them, told them merrily, "that "he knew well what opinions they both had of "those two lords, a year or two before, and he "wondered how they became so altered:" to which they answered smiling, "that the times and the "court was much altered since." And the houses were no sooner sat, but the report being made in There had been, even from the time the Scottish the house of commons, and the committee's letarmy entered into England, many factions and ter from Scotland being read, a motion was made, jealousies amongst the principal persons of that "to send to the house of peers, that the earl of nation; but none so much taken notice of, as that "Essex, who was left by the king, general on this between the two earls, of Montrose, and Argyle. "side Trent, might be desired to appoint such a The former took himself to have deserved as much 66 guard, as he thought competent for the security as any man, in contributing more, and appearing" of the parliament, constantly to attend while the sooner, in their first approach towards rebellion;" houses sat;" which was done accordingly; and as indeed he was a man of the best quality, who did so soon discover himself; and, it may be, he did it the sooner, in opposition to Argyle; who being then of the king's council, he doubted not, would be of his party. The people looked upon them both, as young men of unlimited ambition; and used to say, "that they were like Cæsar and Pompey, the one would endure no superior, and "the other would have no equal." True it is, that from the time that Argyle declared himself against the king (which was immediately after the first pacification) Montrose appeared with less vigour continued, till they thought fit to have other guards. All which was done to amuse the people, as if the parliament was in danger: when in Scotland all things were quickly pacified; and ended in creating the marquis Hamilton a duke, and Argyle a marquis. There was another accident happened a little before, of which the indisposition in Scotland was the effect, the death of the earl of Rothes, a man mentioned before, of the highest authority in the contriving and carrying on the rebellion in Scotland, and now the principal commissioner in Eng |