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[BOOK IV. seconded the lord Say, when he made an in-1 “ and require him. That he saw in what commotion vective, with all the malice and bitterness imagin “ the people were; that his own life, and that of able, against the archbishop, then in prison ; and “ the queen’s, and the royal issue, might probably when he had concluded, that bishop said, “ that “ be sacrificed to that fury; and it would be very “ he had long known that noble lord, and had “ strange, if his conscience should prefer the life of
always believed him to be as well affected to one single private person, how innocent soever, “ the church as himself;” and so he continued “ before all those other lives, and the preservation to make all his address to that lord, and those “ of the kingdom.” of the same party. Being now in full liberty, This was the argumentation of that unhappy and in some credit and reputation, he applied casuist, who truly, it may be, did believe himself; himself to the king; and made all possible pro- for towards the end of the war, and when the king's fessions of duty to his majesty, and zeal to the power declined, he, being then an archbishop, did church; protesting “to have a perfect detestation take a commission from the rebels to take a castle “ of those persons, who appeared to have no of the king's; in which there was a garrison, and “ affection or duty towards his majesty, and all which he did take by a long siege ; because he "Sevil intentions against the religion established; might thereby, and by being himself governor there, “ and that the civilities he had expressed towards the better enjoy the profits of his own estate, which “ them was only out of gratitude for the good lay thereabouts. “ will they had shewed to him; and especially Notwithstanding all these great services he had “ that he might the better promote his majesty's performed for them, he grew every day more impe“service.” And it being his turn shortly after, rious ; and after the king thought it necessary to as dean of Westminster, to preach before the make him archbishop of York, which, as the time king, he took occasion to speak of the factious in then was, could not qualify him to do more harm, religion; and mentioning the presbyterians, he and might possibly dispose and oblige him to do said, “it was a government only fit for tailors more good; he carried himself so insolently, in the “ and shoemakers, and the like, and not for house and out of the house, to all persons, that he “ noblemen and gentlemen :" which gave great became much more odious universally, than ever scandal and offence to his great patrons; to whom the other archbishop had been; having sure more he easily reconciled himself, by making them as enemies than he, and no friends, of which the other merry with some sharp sayings of the court, and had abundance. And the great hatred of this man's by performing more substantial offices for them. person and behaviour, was the greatest invitation
When, upon the trial of the earl of Strafford, it to the house of commons so irregularly to receive was resolved to decline the judgment of the house that bill to remove the bishops ; and was their only [of peers], and to proceed by bill of attainder; and encouragement to hope, that the lords, who had thereupon it was very unreasonably moved, “ that rejected the former, would now pass, and consent
the bishops might have no vote in the passing to this second bill. “ that act of parliament; because they pretended it This was one of the bishops, who was most rudely “ was to have their hand in blood, which was treated by the rabble; who gathered themselves "against an old canon;" this bishop, without com- together about the house of peers, crying out, No municating with any of his brethren, very frankly bishops, no bishops: and whose person was assaulted, declared his opinion, “ that they ought not to be and robes torn from his back; upon which, in very
present ;” and offered, not only'in his own name, just displeasure, he returned to his house, the deanbut for the rest of the bishops, “ to withdraw ery at Westminster; and sent for all the bishops
always when that business was entered upon :” who were then in the town, (it being within very and so betrayed a fundamental right of the whole few days of Christmas,) of which there were twelve order; to the great prejudice of the king, and to or thirteen ; and, in much passion, and with his the taking away the life of that person, who could natural indignation, he proposed, as absolutely not otherwise have suffered.
necessary, that they might unanimously and And shortly after, when the king declared, that “ presently prepare a protestation, to send to the he neither would, nor could in conscience, give bis “ house, against the force that was used upon them; royal assent to that act of attainder ; when the “ and against all the acts, which were, or should be tumults came about the court with noise and cla “ done during the time that they should by force mour for justice; the lord Say desired the king to “ be kept from doing their duties in the house.” confer with his bishops for the satisfaction of his And immediately, having pen and ink ready, himconscience; and desired him to speak with that self prepared a protestation ; which, being read to bishop in the point. After much discourse together, them, they all approved; depending upon his great and the king insisting upon many particulars, which experience in the rules of the house, where he had might induce others to consent, but were known to sat so many years, and in some parliaments in the himself to be false; and therefore he could never in place of speaker, whilst he was keeper of the great conscience give his own consent to them; the bishop, seal; and so presuming that he could commit no amongst other arguments, told him, “ that he must error in matter of form: and without further com“ consider, that as he had a private capacity, and a munication and advice, which both the importance
public, so he had a public conscience, as well as of the subject, and the distemper of the time, did a private; that though his private conscience, as require ; and that it might have been considered as a man, would not permit him to do an act con well what was fit, as what was right; without fur
trary to his own understanding, judgment, and ther delay, than what was necessary for the fair “conscience; yet his public conscience, as a king, writing, and engrossing the instrument they had “which obliged him to do all things for the good of prepared; they all set their hands to it. And then “his people, and to preserve his kingdom in peace the archbishop went to Whitehall to the king, and
for himself and his prosperity [posterity], would presented the protestation to him; it being directed not only permit him to do that, but even oblige, / to his majesty, with an humble desire, that he would
They will ever pray, &c.”
(Signed) “ To the king's most excellent majesty; and the lords Jo. Eborac. Jo. Asaphen. “and peers now assembled in parliament. Tho. Dunesme. Guil. Ba.&Wells. Godfr. Glouc.
Rob. Cov. Lich. Geo. Hereford. Jo. Peterburgh. “ The humble petition and protestation of all the Jo. Norwich. Rob. Oxon. Mor. Llandaffe.
bishops and prelates, now called by his majesty's writs to attend the parliament, and It was great pity, that, though the archbishop's “ present about London and Westminster, for passion transported him, as it usually did; and ħis “ that service.
authority imposed upon the rest, who had no That, whereas the petitioners are called up by affection to his person, or reverence for his wisdom; “several and respective writs, and under great his majesty did not take a little time to consider of
penalties, to attend in parliament; and have a it, before he put it out of his power to alter it, by “ clear and indubitable right to vote in bills, and putting it out of his hands. For it might easily “ other matters whatsoever debatable in parliament, have been discerned by those who were well ac
by the ancient customs, laws, and statutes of this quainted with the humour, as well as the temper, realm ; and ought to be protected by your ma- of both houses, that some advantage and ill use jesty, quietly to attend, and prosecute that great would have been made of some expressions con“ service:
tained in it; and that it could produce no good They humbly remonstrate, and protest before effect. But the same motive and apprehension, God, your majesty, and the noble lords and that had precipitated the bishops to so hasty a
peers now assembled in parliament; that as they resolution, (which was, that the house of peers “ have an indubitable right to sit and vote in the would have made that use of the bishops being “ house of lords, so are they (if they may be pro- kept from the house, that they would in that time “ tected from force and violence) most ready and have passed the bill itself for taking away their
willing to perform their duties accordingly; and votes,) had its effect likewise with the king; who “ that they do abominate all actions or opinions had the same imagination, and therefore would lose
tending to popery, and the maintenance thereof; no time in the transmission of it to the house; as also all propension and inclination to any whereas the lords would never have made use of
malignant party, or any other side or party that very season, whilst the tumults still continued, “ whatsoever, to the which their own reasons and for the passing an act of that importance; and the “ consciences shall not move them to adhere. scandal, if not invalidity of it, would have been an
“ But, whereas they have been at several times unanswerable ground for the king to have refused
violently menaced, affronted, and assaulted by his royal assent to it.
lately chased away, and put in danger of their communicated to those who were prepared to speak
manifested a great satisfaction in it; some of them They likewise humbly protest before your ma- saying, “ that there was digitus Dei to bring that “ jesty, and the noble house of peers, that, saving “ to pass, which they could not otherwise have “ to themselves all their rights and interests of compassed ;” and without ever declaring any
sitting and voting in that house at other times, judgment or opinion of their own upon it, which
they dare not sit, or vote in the house of peers, they ought to have done, the matter only having “ until your majesty shall further secure them relation to themselves, and concerning their own “ from all affronts, indignities, and dangers in the members ; they sent to desire a conference prepremises.
sently with the house of commons, upon a busiLastly, whereas their fears are not built upon ness of importance : and, at the conference, only “ fantasies and conceits, but upon such grounds read and delivered the protestation of the bishops “ and objects as may well terrify men of good reso to them ; which, the lord keeper told them, lie had “lutions, and much constancy; they do in all received from the king's own hand, with a com
duty and humility protest, before your majesty, mand to present it to the house [of peers]. The “ and the peers of that most honourable house of house of commons took very little time to con
parliament, against all laws, orders, votes, reso- sider of the matter, but, within half an hour, they “ Tutions, and determinations, as in themselves null, sent up to the lords; and, without further ex“and of none effect, which in their absence, since amination, accused them all, who had subscribed “the seven and twentieth of this instant month of the protestation, of high treason ; and, by this
December, 1641, have already passed; as like- means, they were all, the whole twelve of them, “ wise against all such, as shall hereafter pass in committed to prison; and remained in the Tower “ that most honourable house, during the time of | till the bill for the putting them out of the house
The twelve bishops accused of treason and sent to the Tower. [BOOK IV. was passed, which was not till many months | archbishop, in applying that remedy at a time, after.
when they saw all forms and rules of judgment When the passion, rage, and fury of this time impetuously declined; and the power of their advershall be forgotten, and posterity shall find, amongst saries so great, that the laws themselves submitted the records of the supreme court of judicature, so to their oppression ; that they should, in such a many orders and resolutions in vindication of the storm, when the best pilot was at his prayers, and liberty of the subject, against the imprisoning of the card and compass lost, without the advice of any man, though by the king himself, without as one mariner, put themselves in such a cockboat, signing such a crime as the law hath determined to and to be severed from the good ship, gave that be worthy of imprisonment; and in the same year, scandal and offence to all those who passionately by this high court, shall find twelve bishops, mem desired to preserve their function, that they bers of this court, committed to prison for high had no compassion, or regard of their persons, treason, for the presenting this protestation; men
or what became of them; insomuch as in the will surely wonder at the spirit of that reformation: whole debate in the house of commons, there was and even that clause of declaring all acts null, only one gentleman, who spake on their behalf, which had been, or should be, done in their ab- and said, “ he did not believe they were guilty sence, in defence of which no man then durst open “ of high treason, but that they were stark mad; his mouth, will be thought both good law and “ and therefore desired they might be sent to good logic; not that the presence of the bishops
“ Bedlam.” in that time was so essential, that no act should This high and extravagant way of proceeding pass without them; which had given them a voice, brought no prejudice to the king; and though it upon the matter, as negative as the king's; and made their tribunal more terrible to men who lathemselves, in their instrument, disclaimed the boured under any guilt, yet it exceedingly lessened least pretence to such a qualification ; but because the reverence and veneration that generally was a violence offered to the freedom of any one mem entertained for parliaments: and this last accusaber, is a violation to all the rest : as if a council con- tion and commitment of so many bishops at once, sist of threescore, and the door to that council be was looked upon by all sober men with indignation. kept by armed men, and all such, whose opinions For whatever indiscretion might be in the thing are not liked, kept out by force; no doubt the itself, though some expressions in the matter might freedom of those within is infringed, and all their be unskilful and unwarrantable, and the form of acts as void and null, as if they were locked in, presenting and transmitting it irregular and unjusand kept without meat till they altered their judg- tifiable, (for all which the house of peers might ments.
punish their own members, according to their disAnd therefore you shall find in the journals of cretion,) yet every man knew there could be no the most sober parliaments, that, upon any eminent treason in it; and therefore the end of their combreach of their privileges, as always upon the com- mitment, and the use all men saw would be made mitment of any member for any thing said or done of it, made it the more odious; and the members in the house, sometimes upon less occasions, that who were absent from both houses, which were house, which apprehended the trespass, would sit three parts of four, and many of those who had mute, without debating, or handling any business, been present, abhorred the proceedings, [and] atand then adjourn; and this hath been practised tended the houses more diligently; so that the many days together, till they had redress or re- angry party, who were no more treated with, to paration. And their reason was, because their abate their fury, would have been compelled to body was lame; and what was befallen one mem- have given over all their designs for the alteration ber, threatened the rest; and the consequence of of the government both in church and state; if one act might extend itself to many other, which the volatile and unquiet spirit of the lord Digby were not in view; and this made their privileges of had not prevailed with the king, contrary to his reso tender and nice a temper, that they were not to solution, to have given them some advantage; and be touched, or in the least degree trenched upon; to depart from his purpose of doing nothing (withand therefore that in so apparent an act of violence, out very mature deliberation]. when it is not more clear that they were committed Though sir William Balfour, who is mentioned to prison, than that they durst not then sit in the before, (a Scotchman who had been many years house, and when it was lawful [in the house of lieutenant of the Tower of London, which had peers) for every dissenter in the most trivial de- raised great murmur and repining in the whole bate, to enter his protestation against that sense he English nation, which, as it had an unreasonable liked not, though he were single in his opinion ; , aversion to all that people, thought it a great that it should not be lawful for those, who could reproach that so eminent a command should be not enter it themselves, to present this protestation conferred upon a stranger, which the whole city of to the king, to whom they were accountable under London took most to heart,) had, from the begina penalty for their absence; and unlawful to that ning of this parliament, according to the natural degree, that it should render them culpable of high custom of his country, forgot all his obligations to treason; and so forfeit their honours, their lives, the king; and had made himself very gracious to their fortunes, expose their names to perpetual in- those people, whose glory it was to be thought famy, and their wives and children to penury, enemies to the court; and, whilst the earl of Strafand want of ad; will be looked upon as a de- ford was his prisoner, did many offices not becomtermination of that injustice, impiety, and horror, ing the trust he had from the king, and ministered as could not be believed without those deep marks much of the jealousy, which they had of his maand prints of confusion, that followed and attended | jesty; upon which there had been a long resoluthat resolution.
tion to remove him from that charge; but to do it And yet the indiscretion of those bishops, swayed with his own consent, that there might be no maby the pride and insolence of that antiprelatical nifestation of displeasure; yet it was a very un
1641.] Six members of the house of commons accused of high treason. 143
“the lodgings of any member of that house, and In the afternoon of a day when the two houses
o there offer to seal the doors, trunks, or papers of sat, Herbert, the king's attorney, informed the “ such members, or to seize upon their persons; house of peers, that he had somewhat to say to them “ that then such members should require the aid of from the king; and thereupon, having a paper in “ the next constable, to keep such persons in safe his liand, he said, that the king commanded him to custody, till the house should give further order : accuse the lord Kimbolton, a member of that house, “ that if any person whatsoever should offer to and five gentlemen, who were all members of the “arrest or detain any member of that house, withhouse of commons, of high treason; and that his “out first acquainting that house therewith, and majesty had himself delivered him in writing receiving further order from thence; that it several articles, upon which he accused them; and “ should be lawful for such member to stand upon thereupon he read in a paper these ensuing articles, “ his guard, and make resistance, and (for] any by which the lord Kimbolton, Denzil Hollis, sir person to assist him, according to the protestaArthur Haslerig, Mr. Pym, Mr. Hambden, and « tion taken to defend the privileges of parliament.” Mr. Strode, stood accused of high treason, for con And so, when the sergeant had delivered his messpiring against the king and the parliament. sage, he was no more called in; but a message
sent to the king, “ that the members should be Articles of high treason, and other misdemeanours, against the lord Kimbolton, Mr. Pym, John
forthcoming as soon as a legal charge should be Hambden, Denzil Hollis, sir Arthur Haslerig, and
preferred against them ;” and so the house adWilliam Strode, members of the house of commons. journed till the next day, every one of the accused
persons taking a copy of that order, which was That they have traitorously endeavoured to made for their security. “ subvert the fundamental laws and government of The next day in the afternoon, the king, attended “ this kingdom; and deprive the king of his regal only by his own guard, and some few gentlemen,
power; and to place on his subjects an arbitrary who put themselves into their company in the way, “ and tyrannical power.
came to the house of commons; and commanding That they have endeavoured, by many foul all his attendants to wait at the door, and to give aspersions upon his majesty, and his government, offence to no man; himself, with his nephew, the
to alienate the affections of his people, and to prince elector, went into the house, to the great “ make his majesty odious to them.
amazement of all : and the speaker leaving the 3. That they have endeavoured to draw his chair, the king went into it; and told the house, majesty's late army to disobedience to his ma "he was sorry for that occasion of coming to them;
The accused remove into the city. The king goes to Guildhall. (BOOK IV. “ that yesterday he had sent his sergeant at arms
Whereas he was the only person who gave the “ to apprehend some, that, by his command, were counsel, named the persons, and particularly named “ accused of high treason; whereunto he expected the lord Kimbolton, (against whom less could be “ obedience, but instead thereof he had received a said, than against many others, and who was more
message. He declared to them, that no king of generally beloved,) and undertook to prove that he
England had been ever, or should be more care- bade the rabble, when they were about the parlia“ful to maintain their privileges, than he would be; ment-house, that they should go to Whitehall. “ but that in cases of treason no man had privilege; And when he found the ill success of the im“ and therefore he came to see if any of those per- peachment in both houses, and how unsatisfied all
sons, whom he had accused, were there; for he were with the proceeding, he advised the king the was resolved to have them, wheresoever he should next morning to go to the guildhall, and to inform “ find them : and looking then about, and asking the mayor and aldermen of the grounds of his “ the speaker whether they were in the house, and proceeding; which will be mentioned anon. And “ he making no answer, he said, he perceived the that people might not believe, that there was any “ birds were all flown, but expected they should be dejection of mind, or sorrow, for what was done; “ sent to him, as soon as they returned thither; the same night, the same council caused a procla“and assured them in the word of a king, that he mation to be prepared for stopping the ports; that
never intended any force, but would proceed the accused persons might not escape out of the “ against them in a fair and legal way;" and so kingdom; and to forbid all persons to receive and returned to Whitehall.
harbour them : when it was well known, that they The accused persons, upon information and in- were all together in a house in the city, without telligence what his majesty intended to do, how any fear of their security. And all this was done secretly soever it was carried at court, having without the least communication with any body, withdrawn from the house about half an hour but the lord Digby, who advised it; and, it is very before the king came thither; the house, in great true, was so willing to take the utmost hazard upon disorder, as soon as the king was gone, adjourned himself
, that he did offer the king, when he knew till the next day in the afternoon; the lords being in what house they were together, with a select in so great apprehension upon notice of the king's company of gentlemen, who would accompany being at the house of commons, that the earl of him, whereof sir Thomas Lunsford was one, to Essex expressed a tender sense he had of the in- seize upon them, and bring them away alive, or conveniences which were like to ensue those divi- leave them dead in the place: but the king liked sions; and moved, that the house of peers, as a not such enterprises. “work very proper for them, would interpose be That night the persons accused removed them“tween the king and his people; and mediate to selves into their strong hold, the city: not that “ his majesty on the behalf of the persons ac- they durst not venture themselves at their old “cused;" for which he was reprehended by his lodgings, for no man would have presumed to friends, and afterwards laughed at himself, when trouble them, but that the city might see, that he found how much a stronger defence they had, they relied upon that place for a sanctuary of their than the best mediation could prove on their be- privileges against violence and oppression; and so half.
might put on an early concernment for them. How secretly soever this affair was carried, it And they were not disappointed; for, in spite of was evident that the king's [resolution of] coming all the lord mayor could do to compose their disto the house was discovered, by the members with tempers, (who, like a very wise and stout magisdrawing themselves, and by a composedness, which trate, bestirred himself,) the city was that whole appeared in the countenances of many, who used night in arms; some people, designed to that to be disturbed at less surprising occurrences ; purpose, running from one gate to another, and and though the purpose of accusing the members crying out, “ that the cavaliers were coming to was only consulted between the king and the lord fire the city;" and some saying, “ that the king Digby; yet it was generally believed, that the “himself was in the head of them.” king's purpose of going to the house was commu- The next morning, the king, being informed of nicated to William Murray of the bed-chamber, much that had passed that night, according to the with whom the lord Digby had great friendship; advice he had received, sent to the lord mayor to and that it was betrayed by him. And that lord, call a common council immediately; and about who had promised the king to move the house for ten of the clock, himself, attended only by three the commitment of the lord Kimbolton, as soon as or four lords, went to the guildhall; and in the the attorney general should have accused him, room, where the people were assembled, told them, (which if he had done would probably have raised "he was very sorry to hear of the apprehensions
very hot dispute in the house, where many would they had entertained of danger; that he was have joined with him,) never spake the least word; come to them, to shew how much he relied but, on the contrary, seemed the most surprised | “ upon their affections for his security and guard, and perplexed with the attorney's impeachment; “ having brought no other with him; that he had and sitting at that time next to the lord Kim “ accused certain men of high treason, against bolton, with whom he pretended to live with much “ whom he would proceed in a legal way; and friendship, he whispered him in the ear with some " therefore he presumed they would not shelter commotion, (as he had a rare talent in dissimula “ them in the city.” And using many
other tion,)“ that the king was very mischievously ad- gracious expressions of his value of them, and “vised; and that it should go very hard, but he telling one of the sheriffs, (who was of the two “would know whence that counsel proceeded; in thought less inclined to his service,)..“ that he “ order to which, and to prevent further mischief, “ would dine with him,” he departed without that “ he would go immediately to his majesty;" and applause and cheerfulness, which he might have so went out of the house.
expected from the extraordinary grace he vouch