" and require him. That he saw in what commotion "the people were; that his own life, and that of "the queen's, and the royal issue, might probably "be sacrificed to that fury; and it would be very strange, if his conscience should prefer the life of one single private person, how innocent soever, before all those other lives, and the preservation of the kingdom."

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This was the argumentation of that unhappy casuist, who truly, it may be, did believe himself; for towards the end of the war, and when the king's power declined, he, being then an archbishop, did take a commission from the rebels to take a castle of the king's; in which there was a garrison, and which he did take by a long siege; because he might thereby, and by being himself governor there, the better enjoy the profits of his own estate, which lay thereabouts.

seconded the lord Say, when he made an in-
vective, with all the malice and bitterness imagin-
able, against the archbishop, then in prison; and
when he had concluded, that bishop said, " that
"he had long known that noble lord, and had
always believed him to be as well affected to
"the church as himself;" and so he continued"
to make all his address to that lord, and those"
of the same party. Being now in full liberty,
and in some credit and reputation, he applied
himself to the king; and made all possible pro-
fessions of duty to his majesty, and zeal to the
church; protesting "to have a perfect detestation
"of those persons, who appeared to have no
"affection or duty towards his majesty, and all
"evil intentions against the religion established;
"and that the civilities he had expressed towards
"them was only out of gratitude for the good-
"will they had shewed to him; and especially
"that he might the better promote his majesty's
"service." And it being his turn shortly after,
as dean of Westminster, to preach before the
king, he took occasion to speak of the factious in
religion; and mentioning the presbyterians, he
said, "it was a government only fit for tailors
"and shoemakers, and the like, and not for
"noblemen and gentlemen:" which gave great
scandal and offence to his great patrons; to whom
he easily reconciled himself, by making them as
merry with some sharp sayings of the court, and
by performing more substantial offices for them.

When, upon the trial of the earl of Strafford, it was resolved to decline the judgment of the house [of peers], and to proceed by bill of attainder; and thereupon it was very unreasonably moved, "that "the bishops might have no vote in the passing "that act of parliament; because they pretended it was to have their hand in blood, which was "against an old canon;" this bishop, without communicating with any of his brethren, very frankly declared his opinion, "that they ought not to be present;" and offered, not only in his own name, but for the rest of the bishops, "to withdraw always when that business was entered upon:" and so betrayed a fundamental right of the whole order; to the great prejudice of the king, and to the taking away the life of that person, who could not otherwise have suffered.

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And shortly after, when the king declared, that he neither would, nor could in conscience, give his royal assent to that act of attainder; when the tumults came about the court with noise and clamour for justice; the lord Say desired the king to confer with his bishops for the satisfaction of his conscience; and desired him to speak with that bishop in the point. After much discourse together, and the king insisting upon many particulars, which might induce others to consent, but were known to himself to be false; and therefore he could never in conscience give his own consent to them; the bishop, amongst other arguments, told him, "that he must "consider, that as he had a private capacity, and a public, so he had a public conscience, as well as a private; that though his private conscience, as a man, would not permit him to do an act contrary to his own understanding, judgment, and "conscience; yet his public conscience, as a king, "which obliged him to do all things for the good of "his people, and to preserve his kingdom in peace "for himself and his prosperity [posterity], would "not only permit him to do that, but even oblige,

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Notwithstanding all these great services he had performed for them, he grew every day more imperious; and after the king thought it necessary to make him archbishop of York, which, as the time then was, could not qualify him to do more harm, and might possibly dispose and oblige him to do more good; he carried himself so insolently, in the house and out of the house, to all persons, that he became much more odious universally, than ever the other archbishop had been; having sure more enemies than he, and no friends, of which the other had abundance. And the great hatred of this man's person and behaviour, was the greatest invitation to the house of commons so irregularly to receive that bill to remove the bishops; and was their only encouragement to hope, that the lords, who had rejected the former, would now pass, and consent to this second bill.

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This was one of the bishops, who was most rudely treated by the rabble; who gathered themselves together about the house of peers, crying out, No bishops, no bishops: and whose person was assaulted, and robes torn from his back; upon which, in very just displeasure, he returned to his house, the deanery at Westminster; and sent for all the bishops who were then in the town, (it being within very few days of Christmas,) of which there were twelve or thirteen; and, in much passion, and with his natural indignation, he proposed, as absolutely necessary, "that they might unanimously and presently prepare a protestation, to send to the house, against the force that was used upon them; "and against all the acts, which were, or should be "done during the time that they should by force "be kept from doing their duties in the house." And immediately, having pen and ink ready, himself prepared a protestation; which, being read to them, they all approved; depending upon his great experience in the rules of the house, where he had sat so many years, and in some parliaments in the place of speaker, whilst he was keeper of the great seal; and so presuming that he could commit no error in matter of form: and without further communication and advice, which both the importance of the subject, and the distemper of the time, did require; and that it might have been considered as well what was fit, as what was right; without further delay, than what was necessary for the fair writing, and engrossing the instrument they had prepared; they all set their hands to it. And then the archbishop went to Whitehall to the king, and presented the protestation to him; it being directed to his majesty, with an humble desire, that he would

send it to the house of peers, since they could not present it themselves; and that he would command that it should be entered in the journal of the house. And his majesty casting his eye perfunctorily upon it, and believing it had been drawn by mature advice, no sooner received it, than he did deliver it to the lord keeper, who unfortunately happened to be likewise present, with his command that he should deliver it to the house as soon as it met; which was to be within two hours after. Which petition contained these words:

"To the king's most excellent majesty; and the lords "and peers now assembled in parliament.

"The humble petition and protestation of all the
bishops and prelates, now called by his ma-
"jesty's writs to attend the parliament, and
present about London and Westminster, for
"that service.
"That, whereas the petitioners are called up by
"several and respective writs, and under great
"penalties, to attend in parliament; and have a
"clear and indubitable right to vote in bills, and
"other matters whatsoever debatable in parliament,
"by the ancient customs, laws, and statutes of this
"realm; and ought to be protected by your ma-
jesty, quietly to attend, and prosecute that great
"service:

They humbly remonstrate, and protest before "God, your majesty, and the noble lords and peers now assembled in parliament; that as they "have an indubitable right to sit and vote in the "house of lords, so are they (if they may be pro"tected from force and violence) most ready and "willing to perform their duties accordingly; and that they do abominate all actions or opinions "tending to popery, and the maintenance thereof; as also all propension and inclination to any "malignant party, or any other side or party whatsoever, to the which their own reasons and "consciences shall not move them to adhere.

"But, whereas they have been at several times 'violently menaced, affronted, and assaulted by "multitudes of people, in their coming to perform "their services in that honourable house; and "lately chased away, and put in danger of their "lives, and can find no redress, or protection, upon "sundry complaints made to both houses in these "particulars:

"They likewise humbly protest before your ma"jesty, and the noble house of peers, that, saving "to themselves all their rights and interests of "sitting and voting in that house at other times, "they dare not sit, or vote in the house of peers, "until your majesty shall further secure them "from all affronts, indignities, and dangers in the "premises.

They will ever pray,
(Signed)

&c."

Jo. Eborac. Jo. Asaphen. Ma. Ely.
Tho. Dunesme. Guil. Ba.&Wells. Godfr. Glouc.
Rob. Cov. Lich. Geo. Hereford. Jo. Peterburgh.
Jo. Norwich. Rob. Oxon.
Mor. Llandaffe.

It was great pity, that, though the archbishop's passion transported him, as it usually did; and his authority imposed upon the rest, who had no affection to his person, or reverence for his wisdom; his majesty did not take a little time to consider of it, before he put it out of his power to alter it, by putting it out of his hands. For it might easily have been discerned by those who were well acquainted with the humour, as well as the temper, of both houses, that some advantage and ill use would have been made of some expressions contained in it; and that it could produce no good effect. But the same motive and apprehension, that had precipitated the bishops to so hasty a resolution, (which was, that the house of peers would have made that use of the bishops being kept from the house, that they would in that time have passed the bill itself for taking away their votes,) had its effect likewise with the king; who had the same imagination, and therefore would lose no time in the transmission of it to the house; whereas the lords would never have made use of that very season, whilst the tumults still continued, for the passing an act of that importance; and the scandal, if not invalidity of it, would have been an unanswerable ground for the king to have refused his royal assent to it.

As soon as the protestation, which, no doubt, in the time before the house was to meet, had been communicated to those who were prepared to speak upon it, was delivered by the lord keeper, with his majesty's command, and read; the governing lords manifested a great satisfaction in it; some of them saying, "that there was digitus Dei to bring that "to pass, which they could not otherwise have

compassed;" and without ever declaring any judgment or opinion of their own upon it, which they ought to have done, the matter only having relation to themselves, and concerning their own members; they sent to desire a conference presently with the house of commons, upon a busi"Lastly, 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, he 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 "lutions, and determinations, as in themselves null, sent up to the lords; and, without further exand 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

archbishop, in applying that remedy at a time, when they saw all forms and rules of judgment impetuously declined; and the power of their adversaries so great, that the laws themselves submitted to their oppression; that they should, in such a storm, when the best pilot was at his prayers, and the card and compass lost, without the advice of one mariner, put themselves in such a cockboat, and to be severed from the good ship, gave that scandal and offence to all those who passionately desired to preserve their function, that they had no compassion, or regard of their persons, or what became of them; insomuch as in the whole debate in the house of commons, there was only one gentleman, who spake on their behalf, and said, "he did not believe they were guilty "of high treason, but that they were stark mad; "and therefore desired they might be sent to "Bedlam."

When the passion, rage, and fury of this time shall be forgotten, and posterity shall find, amongst the records of the supreme court of judicature, so many orders and resolutions in vindication of the liberty of the subject, against the imprisoning of any man, though by the king himself, without assigning such a crime as the law hath determined to be worthy of imprisonment; and in the same year, by this high court, shall find twelve bishops, members of this court, committed to prison for high treason, for the presenting this protestation; men will surely wonder at the spirit of that reformation: and even that clause of declaring all acts null, which had been, or should be, done in their absence, in defence of which no man then durst open his mouth, will be thought both good law and good logic; not that the presence of the bishops in that time was so essential, that no act should pass without them; which had given them a voice, upon the matter, as negative as the king's; and themselves, in their instrument, disclaimed the least pretence to such a qualification; but because a violence offered to the freedom of any one member, is a violation to all the rest: as if a council consist of threescore, and the door to that council be kept by armed men, and all such, whose opinions are not liked, kept out by force; no doubt the freedom of those within is infringed, and all their acts as void and null, as if they were locked in, and kept without meat till they altered their judg-tifiable, (for all which the house of peers might

ments.

And therefore you shall find in the journals of the most sober parliaments, that, upon any eminent breach of their privileges, as always upon the commitment of any member for any thing said or done in the house, sometimes upon less occasions, that house, which apprehended the trespass, would sit mute, without debating, or handling any business, and then adjourn; and this hath been practised many days together, till they had redress or reparation. And their reason was, because their body was lame; and what was befallen one member, threatened the rest; and the consequence of one act might extend itself to many other, which were not in view; and this made their privileges of so tender and nice a temper, that they were not to be touched, or in the least degree trenched upon; and therefore that in so apparent an act of violence, when it is not more clear that they were committed to prison, than that they durst not then sit in the house, and when it was lawful [in the house of peers] for every dissenter in the most trivial debate, to enter his protestation against that sense he liked not, though he were single in his opinion; that it should not be lawful for those, who could not enter it themselves, to present this protestation to the king, to whom they were accountable under a penalty for their absence; and unlawful to that degree, that it should render them culpable of high treason; and so forfeit their honours, their lives, their fortunes, expose their names to perpetual infamy, and their wives and children to penury, and want of bread; will be looked upon as a determination of that injustice, impiety, and horror, as could not be believed without those deep marks and prints of confusion, that followed and attended that resolution.

This high and extravagant way of proceeding brought no prejudice to the king; and though it made their tribunal more terrible to men who laboured under any guilt, yet it exceedingly lessened the reverence and veneration that generally was entertained for parliaments: and this last accusation and commitment of so many bishops at once, was looked upon by all sober men with indignation. For whatever indiscretion might be in the thing itself, though some expressions in the matter might be unskilful and unwarrantable, and the form of presenting and transmitting it irregular and unjus

punish their own members, according to their discretion,) yet every man knew there could be no treason in it; and therefore the end of their commitment, and the use all men saw would be made of it, made it the more odious; and the members who were absent from both houses, which were three parts of four, and many of those who had been present, abhorred the proceedings, [and] attended the houses more diligently; so that the angry party, who were no more treated with, to abate their fury, would have been compelled to have given over all their designs for the alteration of the government both in church and state; if the volatile and unquiet spirit of the lord Digby had not prevailed with the king, contrary to his resolution, to have given them some advantage; and to depart from his purpose of doing nothing [without very mature deliberation].

Though sir William Balfour, who is mentioned before, (a Scotchman who had been many years lieutenant of the Tower of London, which had raised great murmur and repining in the whole English nation, which, as it had an unreasonable aversion to all that people, thought it a great reproach that so eminent a command should be conferred upon a stranger, which the whole city of London took most to heart,) had, from the beginning of this parliament, according to the natural custom of his country, forgot all his obligations to the king; and had made himself very gracious to those people, whose glory it was to be thought enemies to the court; and, whilst the earl of Strafford was his prisoner, did many offices not becoming the trust he had from the king, and ministered much of the jealousy, which they had of his majesty; upon which there had been a long resolution 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

jesty's command, and to side with them in their "traitorous design.

4. "That they have traitorously invaded, and encouraged a foreign power to invade his ma'jesty's kingdom of England.

5. "That they have traitorously endeavoured to "subvert the very rights and beings of parliament. 6. That,,for the completing of their traitorous "designs, they have endeavoured, as far as in them "lay, by force and terror to compel the parliament to join with them in their traitorous designs, and, to that end, have actually raised and countenanced tumults against the king and parliament. 7. "That they have traitorously conspired to levy, "and actually have levied, war against the king."

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The house of peers was somewhat appalled at this alarum; but took time to consider of it, till the next day, that they might see how their masters the commons would behave themselves; the lord Kimbolton being present in the house, and making great professions of his innocence; and no lord being so hardy to press for his commitment on the behalf of the king.

seasonable conjuncture, which was taken to execute
it in; paying him such a considerable sum of money
as well pleased him; and this whole transaction
was so secretly carried, that there was neither
notice or suspicion of it, till it was heard, that sir
Thomas Lunsford was sworn lieutenant of the
Tower; a man, [who,] though of an ancient family
in Sussex, was of a very small and decayed fortune,
and of no good education; having been few years
before compelled to fly the kingdom, to avoid the
hand of justice for some riotous misdemeanour; by"
reason whereof he spent some time in the service
of the king of France, where he got the reputation"
of a man of courage, and a good officer of foot;
and in the beginning of the troubles here had some
command in the king's army; but so much inferior
to many others, and was so little known, except
upon the disadvantage of an ill character, that, in
the most dutiful time, the promotion would have
appeared very ungrateful. He was utterly a
stranger to the king, and therefore it was quickly
understood to proceed from the single election of
the lord Digby, to whom he was likewise very little
known; who had in truth designed that office to
his brother sir Lewis Dives, against whom there
could have been no exception, but his relation: but
he being not at that time in town, and the other
having some secret reason (which was not a good
one) to fill that place in the instant with a man who
might be trusted; he suddenly resolved upon this
gentleman, as one who would be faithful to him for
the obligation, and execute any thing he should
desire or direct; which was a reason, he might
easily have foreseen, would provoke more powerful
opposition; which error, as is said before, was
repaired by the sudden change, and putting in sir
John Byron; though it gave little satisfaction, and
the less, by reason of another more inconvenient
action, which changed the whole face of affairs, and
caused this to be the more reflected upon.

At the same time, a sergeant at arms demanded to be heard at the house of commons from the king; and being sent for to the bar, demanded the persons of the five members to be delivered to him in his majesty's name, his majesty having accused them of high treason. But the commons were not much surprised with the accident; for besides that they quickly knew what had passed with the lords, some servants of the king's, by especial warrant, had visited the lodgings of some of the accused members, and sealed up their studies and trunks; upon information whereof, before the sergeant came to the house, or public notice was taken of the accusation, an order was made by the commons; "That if any person whatsoever should come to "the lodgings of any member of that house, and "there offer to seal the doors, trunks, or papers of "such members, or to seize upon their persons; "that then such members should require the aid of "the next constable, to keep such persons in safe

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custody, till the house should give further order: "that if any person whatsoever should offer to "arrest or detain any member of that house, with"out first acquainting that house therewith, and receiving further order from thence; that it "should be lawful for such member to stand upon his guard, and make resistance, and [for] any

In the afternoon of a day when the two houses sat, Herbert, the king's attorney, informed the house of peers, that he had somewhat to say to them from the king; and thereupon, having a paper in his hand, he said, that the king commanded him to accuse the lord Kimbolton, a member of that house, and five gentlemen, who were all members of the house of commons, of high treason; and that his majesty had himself delivered him in writing several articles, upon which he accused them; and thereupon he read in a paper these ensuing articles," by which the lord Kimbolton, Denzil Hollis, sir" person to assist him, according to the protestaArthur Haslerig, Mr. Pym, Mr. Hambden, and Mr. Strode, stood accused of high treason, for conspiring against the king and the parliament. Articles of high treason, and other misdemeanours, against the lord Kimbolton, Mr. Pym, John Hambden, Denzil Hollis, sir Arthur Haslerig, and William Strode, members of the house of commons. 1. "That they have traitorously endeavoured to "subvert the fundamental laws and government of "this kingdom; and deprive the king of his regal power; and to place on his subjects an arbitrary "and tyrannical power.

2. "That they have endeavoured, by many foul "aspersions upon his majesty, and his government, 'to alienate the affections of his people, and to "make his majesty odious to them.

3. "That they have endeavoured to draw his "majesty's late army to disobedience to his ma

"tion taken to defend the privileges of parliament." And so, when the sergeant had delivered his message, he was no more called in; but a message sent to the king, "that the members should be forthcoming as soon as a legal charge should be preferred against them;" and so the house adjourned till the next day, every one of the accused persons taking a copy of that order, which was made for their security.

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The next day in the afternoon, the king, attended only by his own guard, and some few gentlemen, who put themselves into their company in the way, came to the house of commons; and commanding all his attendants to wait at the door, and to give offence to no man; himself, with his nephew, the prince elector, went into the house, to the great amazement of all: and the speaker leaving the chair, the king went into it; and told the house, "he was sorry for that occasion of coming to them;

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Whereas he was the only person who gave the counsel, named the persons, and particularly named the lord Kimbolton, (against whom less could be said, than against many others, and who was more generally beloved,) and undertook to prove that he bade the rabble, when they were about the parliament-house, that they should go to Whitehall. And when he found the ill success of the im

"that yesterday he had sent his sergeant at arms "to apprehend some, that, by his command, were "accused of high treason; whereunto he expected "obedience, but instead thereof he had received a message. He declared to them, that no king of England had been ever, or should be, more care"ful to maintain their privileges, than he would be; "but that in cases of treason no man had privilege; " 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 was resolved to have them, wheresoever he should "find them and looking then about, and asking "the speaker whether they were in the house, and "he making no answer, he said, he perceived the "birds were all flown, but expected they should be "sent to him, as soon as they returned thither; " and assured them in the word of a king, that he never intended any force, but would proceed against them in a fair and legal way;" and so returned to Whitehall.

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The accused persons, upon information and intelligence what his majesty intended to do, how secretly soever it was carried at court, having withdrawn from the house about half an hour before the king came thither; the house, in great disorder, as soon as the king was gone, adjourned till the next day in the afternoon; the lords being in so great apprehension upon notice of the king's being at the house of commons, that the earl of Essex expressed a tender sense he had of the inconveniences which were like to ensue those divisions; and moved, "that the house of peers, as a "work very proper for them, would interpose be"tween the king and his people; and mediate to "his majesty on the behalf of the persons ac"cused;" for which he was reprehended by his friends, and afterwards laughed at himself, when he found how much a stronger defence they had, than the best mediation could prove on their behalf.

were with the proceeding, he advised the king the next morning to go to the guildhall, and to inform the mayor and aldermen of the grounds of his proceeding; which will be mentioned anon. And that people might not believe, that there was any dejection of mind, or sorrow, for what was done; the same night, the same council caused a proclamation to be prepared for stopping the ports; that the accused persons might not escape out of the kingdom; and to forbid all persons to receive and harbour them when it was well known, that they were all together in a house in the city, without any fear of their security. And all this was done without the least communication with any body, but the lord Digby, who advised it; and, it is very true, was so willing to take the utmost hazard upon himself, that he did offer the king, when he knew in what house they were together, with a select company of gentlemen, who would accompany him, whereof sir Thomas Lunsford was one, to seize upon them, and bring them away alive, or leave them dead in the place: but the king liked not such enterprises.

That night the persons accused removed themselves into their strong hold, the city: not that they durst not venture themselves at their old lodgings, for no man would have presumed to trouble them, but that the city might see, that they relied upon that place for a sanctuary of their privileges against violence and oppression; and so might put on an early concernment for them. And they were not disappointed; for, in spite of all the lord mayor could do to compose their distempers, (who, like a very wise and stout magistrate, bestirred himself,) the city was that whole night in arms; some people, designed to that purpose, running from one gate to another, and crying out, that the cavaliers were coming to "fire the city;" and some saying, "that the king "himself was in the head of them.'

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How secretly soever this affair was carried, it was evident that the king's [resolution of] coming to the house was discovered, by the members withdrawing themselves, and by a composedness, which appeared in the countenances of many, who used to be disturbed at less surprising occurrences; and though the purpose of accusing the members was only consulted between the king and the lord Digby; yet it was generally believed, that the 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 a 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 very 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