them of those particulars,) were as carefully suppressed and concealed.

The sheriffs of London were directed to appoint a guard to attend the committee, whilst it should continue at Guildhall; and then to guard the houses when they should again sit at Westminster. The accused persons, who lodged all this time in the city, were brought to the committee with much state, and sat with them to devise some way vindicate themselves.

to

further than they had a mind to go; they directed their confidents, that at the election of the common councilmen by the concurrence and number of the meaner people, all such who were moderate men, and lovers of the present government, should be rejected; and in their places men of the most active and pragmatical heads, of how mean fortunes soever, should be elected: and by this means all that body consisted of upstart, factious, indigent companions, who were ready to receive all advertisements and directions from those who steered at Then a declaration was agreed upon by the comWestminster, and as forward to encroach upon mons only, in which was set forth," that the their superiors, the mayor and aldermen, as the "chambers, studies, and trunks of Mr. Hollis, sir other was upon the house of peers. And so this "Arthur Haslerig, Mr. Pym, Mr. Hambden, and firebrand of privilege inflamed the city at that" Mr. Strode, had been by colour of his majesty's time. "warrant sealed up; which was not only against That they might gratify the city in procuring a "the privilege of parliament, but the common better answer than they had received from the king liberty of every subject; that the said members to their petition, and that they might more expose "had been the same day demanded by a sergeant his majesty to their affronts, the house resumed "at arms to be delivered to him, that he might the business of the Tower again, with the old re- "arrest them of high treason; that the next day flections upon the remove of the former good lieu- "his majesty came to the house in his own person, tenant, and the putting in a rude person, and of a "attended by a multitude of armed men, in a wardesperate fortune, that he might use such pri- “like manner, with halberds, swords, and pistols, soners, as there was an intent to send thither, in" who came up to the very door of the house, and such a manner as he should be directed; and that the person, who was since put in, had put the city into great apprehensions, by the observation that was made, that he took great store of provisions into the Tower, as if he made provision for a greater garrison, which raised great jealousies; and there was a petition brought, and delivered to the houses in the names of several merchants who used to trade to the mint; and they desired that there might be such a person made lieutenant of the Tower, "as they could confide in," (an expres- hand, for the apprehension of their persons, sion that grew from that time to be much used,) "which by law he could not do." And thereupon without which no man would venture bullion into they declared, "that if any person should arrest the mint, and by consequence no merchant would "Mr. Hollis, &c. or any other member of parliabring it into the kingdom. Whereas in truth there" ment, by pretence of any warrant issuing out was no gentleman of the kingdom of a better reputation amongst all sorts of men, and there had been more bullion brought into the mint in the short time of his being lieutenant, than had been in many months before and amongst those persons, which so solemnly delivered that petition, and had all subscribed it, there were very few who had ever sent any silver into the mint. However, the house entertained the complaint as very reasonable, and sent for a conference with the lords, with whom they prevailed to join with them in a desire to the king, "that he would remove sir" "John Byron from being lieutenant of the Tower;" which the king for some time refused to do, till they pressed it in another manner, which shall be mentioned anon.

"placed themselves there, and in other places "and passages near to the house, to the great "terror and disturbance of the members then sitting; that his majesty, sitting in the speaker's "chair, demanded the persons of those members "to be delivered to him; which was a high breach "of the rights and privileges of parliament, and "inconsistent with the liberties and freedom there"of; that afterwards his majesty did issue forth "several warrants to divers officers under his own

“from the king, he was guilty of the breach of the " privilege of parliament, and a public enemy of "the commonwealth; and that the arresting any "member of parliament, by any warrant what

66

66

soever, without consent of that house, whereof "he is a member, is a breach of the privilege of parliament: and the person that shall so arrest "him is declared a public enemy of the common"wealth."

They published, "that it did fully appear by "several examinations, that many soldiers, papists and others, to the number of about five hundred, came with his majesty to the house of commons, "armed; and that some of them, holding up their "pistols cocked near the door of the house, which "they kept open, said, I am a good marksman; The committee, that still continued to sit in "I can hit right, I warrant you: and said, they London, intended no other business, but their own "would have the door open; and if any opposiprivileges; sent for, and examined, as hath been "tion was made, they made no question but they said, all men who had attended his majesty, or had "should maintain their party; and that some said, been casually present in the hall, or at the door of "A pox take the house of commons; let them be the commons' house, when the king was there : hanged. And when the king returned from the and all such examinations, as testified any extrava- house, they expressed great discontent, asking, gant discourse uttered by any loose fellow, who "when comes the word: that some of them being had accidentally put himself into the company, "demanded what they thought the company inthough it appeared he had no relation to the king's" tended to have done, answered, that questionless service, were carefully entered, and published; but such as declared the king's strict command against any violence or disorder, and his positive charge, that no man should presume to follow him into the house of commons, (as full proof was made to

"in the posture they were set, if the word had "been given, they should have fallen upon the "house of commons, and have cut all their throats:

upon which they said they were of opinion, that "the soldiers and papists coming in that manner

66

66

And they did thereupon declare, "That the same was a traitorous design against the king "and parliament. And whereas the persons ac"cused had, with the approbation of the house, "absented themselves from the service of the "house, for avoiding the great and many incon"veniences, which otherwise might have happen"ed; since which time, a printed paper in the "form of a proclamation had issued out for the apprehending and imprisoning them, suggesting, "that through the conscience of their guilt they "were absent and fled;" they did further declare, "that the said printed paper was false, scandalous, and illegal; and that notwithstanding that printed paper, or any warrant issued out, or any "other matter against them, they might and ought [to] attend the service of the house, and the "committees then on foot; and that it was lawful "for all persons whatsoever to lodge, harbour, or converse with them; and whosoever should be questioned for the same should be under the "protection and privilege of parliament."

66

66

66

thought true and real; and all their fears and jealousies looked upon as the effects of their great wisdom and foresight. All that had been whispered of Ireland was now talked aloud and printed; as all other seditious pamphlets and libels were. The shops of the city generally shut up, as if an enemy were at their gates ready to enter, and to plunder them; and the people in all places at a gaze, as if they looked only for directions, and were then disposed to any undertaking.

On the other side, they who had, with the greatest courage and alacrity, opposed all their seditious practices, between grief and anger were confounded with the consideration of what had been done, and what was like to follow. They were far from thinking that the accused members had received much wrong; yet they thought it an unseasonable time to call them to account for it. That if any thing had been to be done of that kind, there should have been a better choice of the persons, there being many of the house, of more mischievous inclinations, and designs against the king's person and the government, and were more exposed to the public prejudice, than the lord Mandeville Kimbolton was; who was a civil and well natured man, and had rather kept ill company, than drank deep of that infection and poison, that had wrought upon many others. Then sir Arthur Haslerig and Mr. Strode were persons of too low an account and esteem; and though their virulence and malice was as conspicuous and transcendent as any men's, yet their reputation and interest to do any mischief, otherwise than in concurring in it, was so small, that they gained credit and authority by being joined with the rest, who had indeed a great influence. However, if there was a resolution to proceed against those men, it would have been much better to have caused them to have been all severally arrested, and sent to the

And they declared, That the publishing the "articles of high treason against the persons "accused, was a high breach of the privilege of "parliament, a great scandal to his majesty and "his government, a seditious act, manifestly tending to the subversion of the peace of the king"dom, and an injury and dishonour to the mem"bers; that the privileges of parliament, and "liberties of the subject, so violated and broken, "could not be fully and sufficiently vindicated, "unless the king would be graciously pleased to "discover the names of those persons, who ad"vised him to do the particular acts before men❝tioned, that they might receive condign punish-Tower, or to other prisons, which might have been "ment."

This strange declaration, so contrary to the known rules and judgments of law, and to the known practice and proceedings of parliament, was no sooner framed and agreed upon in the committee, than it was printed, and published throughout the city and kingdom, before it was confirmed by, or reported to the house; which is against the law, and an express statute in that case provided, that no act done at any committee should be divulged before the same be reported to the house.

The truth is, it cannot be expressed how great a change there appeared to be in the countenance and minds of all sorts of people, in town and country, upon these late proceedings of the king. They, who had before even lost their spirits, having lost their credit and reputation, except amongst the meanest people, who could never have been made use of by them, when the greater should forsake them; and so despairing of ever being able to compass their designs of malice, or ambition, (some of them were resuming their old resolutions of leaving the kingdom,) now again recovered greater courage than ever, and quickly found that their credit and reputation was as great as ever it had been; the court being reduced to a lower condition, and to more disesteem and neglect, than ever it had undergone. All that they had formerly said of plots and conspiracies against the parliament, which had before been laughed at, was now

At

very easily done before suspected, than to send in
that manner to the houses with that formality,
which would be liable to so many exceptions.
least, they ought so far to have imparted it to
members in both houses, who might have been
trusted, that in the instant of the accusation, when
both houses were in that consternation, (as in a
great consternation they were,) somewhat might
have been pressed confidently towards the king's
satisfaction; which would have produced some
opposition and contradiction, which would have
prevented that universal concurrence and dejection
of spirit, which seized upon and possessed both
houses.

But, above all, the anger and indignation was very great and general, that to all the other oversights and presumptions [was added] the exposing the dignity, and majesty, and safety of the king, in his coming in person, in that manner, to the house of commons; and in going the next day, as he did, to the guildhall, and to the lord mayor's, which drew such reproaches upon him to his face. All which was justly imputed to the lord Digby, who had before fewer true friends than he deserved, and had now almost the whole nation his enemies, being the most universally odious of any man in it.

When the house of commons had passed such votes from the committee at Merchant-Tailors' hall, as they thought necessary, and once more adjourned thither, the committee asked the advice

of the house, whether the accused members might | a great clamour against bishops and popish lords, be present with them, (who had in truth directed and of the privileges of parliainent; some of them, and governed all their proceedings from the time as they passed by Whitehall, asking, with much they sat there :) which was not only approved, but contempt, "what was become of the king and his those members required to attend the house the "cavaliers? and whither he was gone?" next day it was to sit, and so to continue the service of the house, which was then adjourned for three or four days, that the city might appear in such a posture, as should be thought convenient. The noise was so great of the preparations made in the city to bring the accused members in triumph to the parliament, and that the whole militia would accompany them, whilst the seamen and mariners made an appearance in barges, and other vessels, upon the Thames to Westminster, [that] the king thought it convenient to remove again from Whitehall; and so on the tenth of January, which was the eve to the great festival, his majesty, the queen, and the royal children, went from Whitehall to Hampton-court, attended by some few of their own household servants, and thirty or forty of those officers, who had attended at White-vices, which the officers of that army were exerhall for security against the tumults.

Before his going, he sent to the earls of Essex and Holland to attend him in his journey; who were both by their places, the one being his chamberlain of his household, the other the prime gentleman of his bedchamber, obliged to that duty. The earl of Essex resolved to go; and to that purpose was making himself ready, when the earl of Holland came to him, and privately dissuaded him; assuring him, that if they two went, they should be both murdered at Hampton-court: whereupon they left the king to his small retinue and in a most disconsolate, perplexed condition, in more need of comfort and counsel, than they had ever known him; and, instead of attending their master in that exigent, they went together into the city, where the committee sat, where they were not the less welcome for being known to have been invited to have waited upon their majesties. They who wished the king best, were not sorry that he then withdrew from Whitehall; for the insolence, with which all that people were transported, and the animosity, which was infused into the hearts of the people in general against the court, and even against the person of the king, cannot be expressed.

66

66

Whilst the committee sat in London, the common council likewise met, [as hath been said,] to the end they might be ready to comply in any particulars should be desired from the city; and so the committee having resolved, "that the ac"tions of the citizens of London, or of any other person whatsoever for the defence of the parliament, or the privileges thereof, or the preserva"tion of the members thereof, were according to "their duty, and to their late protestation, and the "laws of this kingdom:" and if any person should arrest or trouble any of them for so doing, he was declared "to be a public enemy of the common"wealth:" and in the next place having resolved, "that that vote should be made known to the common council of the city of London," the accused members about two of the clock in the afternoon on the eleventh of January, being the next day after the king went to Hampton-court, came from their lodgings in the city to Westminster, guarded by the sheriffs, and trained-bands of London and Westminster, and attended by a conflux of many thousands of people besides, making

From London-bridge to Westminster, the Thames was guarded with above one hundred lighters and long-boats, laden with nablettes and murderers, and dressed up with waist-clothes and streamers, as ready for fight. And that the trained-bands of London might be under the command of a person fit to lead them, they granted a commission to captain Skippon, who was captain of the artillerygarden, to be major-general of the militia of the city of London; an office never before heard of, nor imagined that they had authority to constitute such an officer. The man had served very long in Holland, and from a common soldier had raised himself to the degree of a captain, and to the reputation of a good officer: he was a man of order and sobriety, and untainted with any of those

He

cised in; and had newly given over that service
upon some exceptions he had to it; and, coming
to London, was by some friends preferred to that
command in the artillery-garden, which was to
teach the citizens the posture of their arms.
was altogether illiterate, and having been bred
always in Holland, he brought disaffection enough
with him from thence against the church of Eng-
land, and so was much caressed and trusted by
that party.

66

66

This man marched that day in the head of their army to the parliament-house; where the accused members were no sooner entered, than they magnified" the great kindness and affection they had "found in the city, and their zeal to the parlia"ment; and if their expressions of it, upon this "extraordinary occasion, had been somewhat un"usual, that the house was engaged in honour to protect and defend them from receiving any damage." Whereupon the sheriff's of London were called into the house of commons, and thanked by the speaker for their extraordinary care, and love expressed to the parliament; and told," that they should have an ordinance of par"liament for their indemnity, declaring that all "their actions of respect and kindness, which they "had shewed to the lords and commons in Lon"don, and their attending them to and at West"minster, was legal and justifiable." The masters and officers of ships were likewise called in, and most heartily thanked for their kindness; and sergeant-major-general Skippon appointed every day to attend at Westminster, with such a guard as he thought sufficient for the guard of the two houses. There was one circumstance not to be forgotten in the march of the city that day, when the show by water was little inferior to the other by land, that the pikemen had fastened to the tops of their pikes, and the rest in their hats, or their bosoms, printed papers of the protestation which had been taken, and enjoined by the house of commons the year before for the defence of the privilege of parliament; and many of them had the printed votes of the king's breaking their privileges in his coming to the house, and demanding their members.

As soon as the citizens and mariners were discharged, some Buckinghamshire men, who were said to be at [the] door, with a petition, and had

66

66

66

66

66

66

66

66

66

indeed waited upon the triumph with a train of"
four thousand men, were called in; who delivered
their petition in the name of the inhabitants of the
county of Buckingham, and said it was brought to
the town by about six thousand men. They
"commended the unwearied pains of the house of
"commons, for redress of the pressures they had
"lain under; but complained that the success was
not answerable, their endeavours being frustrated
or retarded by a malignant faction of popish
lords, bishops, and others; and now of late, to
"take all that little hope, was left, from them, of"
a future reformation, the very being of the parlia-
"ment was shaken, the privileges thereof broken
" in a desperate and unexampled manner, and the
"members thereof unassured of their lives, in
"whose safety, the safety of them and their pos-
terity was involved. They held it therefore their
"duty, according to their late protestation, to
"defend and maintain the persons and privileges
thereof, to the utmost power of their lives and
"estates; to which purpose, they said, they were
"then come to make the humble tender of their
service, and would remain in expectation of
"their commands and order; to the execution
"whereof they would with all alacrity address"
"themselves, ready to live by them, or to die at
"their feet, against whomsoever should in any
"sort illegally attempt upon them.

66

66

66

They besought them therefore to assist the "ardent prayers of the petitioners, that the popish "lords and bishops might be forthwith outed the "house of peers; that all privileges of parliament might be confirmed to them, and that all evil counsellors, the Achans of the commonwealth, might be given up to the hands of justice; with"out all which, they said, they had not the least hope of Israel's peace, or to reap those glorious advantages, which the fourteen months seed-time "of their unparalleled endeavours had given to "their unsatisfied expectations."

When they had received thanks for their wonderful affection, and were told, that, "by the great "care of the city of London, the parliament was sufficiently guarded and assured; and therefore "that they might depart to their houses till further "occasion appeared, of which they should be sure "to be informed;" one of them said, " they had "another petition, which they meant to prefer to "the king; but desired their advice, whether that "house would vouchsafe to commend it, or whe"ther they themselves should deliver it." For that, they received new thanks; and were wished, "that six or eight of them should present it to his majesty in the name of the rest;" for the house saw their wisdom and moderation such, that they presumed they of themselves were very able to manage that business.

When they had thus caressed the commons, they went to the house of lords with another petition, complaining " of the malignant faction, which ren"dered the endeavours of the house of commons "successless," and said, "that in respect of that "late attempt upon the honourable house of commons, they were come to offer their service, as "resolved in their just defence to live and die. "And therefore they did humbly pray, that that "most honourable house would cooperate with the "house of commons, in speedily perfecting the most necessary work of reformation, bringing to condign and unexemplary punishment both

66

wicked counsellors, and other plotters and delinquents; and that the whole kingdom might be put into such a present posture of defence, that they might be safe both from all practices of the malignant party at home, and the endeavours of any ill-affected states abroad." The lords were as civil to them as the commons had been, and gave them great thanks. And from thence they went to find out the king with another petition; in which they complained, "that Mr. Hambden, "whom they had chosen knight of their shire, and in whom they had ever good cause to confide, was, to their great amazement, accused; amongst "others accused of high treason. They said, that having taken into their serious consideration the manner of their impeachment, they could not but "conceive that it did oppugn the rights of parlia"ment, to the maintenance whereof their protesta"tion did bind them; and they did believe, that "the malice, which his and the others' zeal to his majesty's service, and the state, had contracted in "the enemies of his majesty, the church, and the commonwealth, had occasioned that foul accusa“tion, rather than any deserts of theirs; and that through their sides the judgment and care of the petitioners and others were wounded, by whose "choice they were presented to the house; and "therefore they did humbly desire his majesty, "that Mr. Hambden, and the rest, who lay under "the burden of that accusation, might enjoy the "just privileges of parliament. So from this day we may reasonably date the levying of war in England; whatsoever hath been since done being but the superstructures upon those foundations, which were then laid.

The members being in this manner placed again upon their thrones, and the king retired with his poor family to Hampton-court, they reviewed their votes, which had passed in the committee in the city, which they had caused every night to be printed without staying for the confirmation of the house; and where they had any defect, as they thought, or in the interpretation of others, they supplied them with more strength and authority. So they provided and declared, "that no member "of parliament should be arrested upon any pretence whatsoever." And because it had been insisted on, that they would not make any declaration so much against the known law, which allowed no privilege in the case of treason, felony, or breach of the peace, they now added, that " even in the

66

66

68

66

case of treason no member ought or could be "arrested, or proceeded against, without first in" forming the house, of which he was a member, "of the charge and evidence against him, and receiving their leave and direction for the proceeding against him." And that men might hereafter be more wary how they were made instrumental in bringing any reproach upon them, they appointed a committee to prepare a charge against Herbert, the king's attorney-general, for presuming to accuse the members of high-treason; which was made ready accordingly, and prosecuted with wonderful vigour, as will be remembered hereafter.

They resolved that the king should not enjoy much ease and quiet in his retreat; and therefore every day sent some committee or other to him with petitions and expostulations: a committee of lords and commons attended him with a grievous complaint of the breach of privilege they had sustained

X

66

"order to the governor of Portsmouth, that nobody should be admitted into that town and "fort, or suffered to pass from thence, or any thing to be disposed of there, but by order from "the king signified by both houses of parlia"ment."

66

by his coming to the house; and desired "that he
"would inform them who had given him that per-
"nicious counsel, that such evil counsel might be
brought to justice, and receive condign punish-
"ment." And when they found that the lord
Digby, whom they generally believed to be the
author and contriver of all that transaction, though
they could have no evidence of it, had withdrawn
himself from the court, and they well enough knew
had transported himself beyond the seas, they
brought witnesses to the bar, who affirmed, "that"
"there were, on such a day, several officers, whereof
"the unbeloved Lunsford was one, assembled to-
gether at Kingston upon Thames near Hampton-"
court; and that the lord Digby came thither to
"them in a coach with six horses from Hampton-
"court, and conferred a long time with them, and
"then returned again thither." They were well
satisfied with the evidence, and forthwith accused
him to the house of peers of high treason, for the
levying of war against the king and parliament;
and a proclamation was shortly issued out for his
apprehension, when all the town knew that he was
safely arrived in Zealand; but they thought it fit to
shew him how unsavoury a jest the sending out such
proclamations was to be esteemed. They resumed
the consideration of the lieutenant of the Tower;
and upon new information that much provision
was sent in thither every day, they sent for sir
John Byron, who appeared at their bar, and gave
so full answers to all the questions they asked of
him, that they could not but dismiss him. How-
ever they sent again to the king to remove him,"
and put a fitter man into the place, and recom-
mended sir John Coniers to him, as a man in
whom they could confide; and because they did
not speedily receive such an answer as they liked,
they appointed their major-general Skippon to
place such guards about the Tower, as might
prevent the carrying in more provision of victual
thither, than would serve for one day's consump-
tion; notwithstanding which, his majesty would"
not consent to their desire.

66

دو

After this, a message was resolved upon to be sent to the governor of the prince, "that he should "not suffer the prince to be transported out of the kingdom, as he would answer the breach of trust reposed in him concerning religion, and the "honour, safety, and peace of the three king"doms;" and declaring, "that any person, who should persuade or attend upon him in such transportation, should be under the same cen66 sure. With these high acts of public concernment they joined the vindication of themselves from the late trespass from the king: and to that end caused the attorney-general to be publicly examined upon interrogatories, "whether he did contrive, frame, or advise the articles of im"peachment against the members that were ac"cused? whether he knew the truth of them upon his own knowledge, or by information? "whether he would undertake to make them good, "when he should be thereunto called? from whom "he received them, and by whose direction or "advice he did exhibit them? whether he had any testimony or proof of them before the exhibiting?" And having received his answer, "that he had neither framed, nor advised them, nor knew any thing of the truth of them, nor could undertake to justify them; but that he "had received them from the king, and was by "him commanded to exhibit them;" they presently declared," that he had broken the privilege of “ parliament in preferring those articles, and that "the same was illegal, and he criminous for so doing; and that a charge should be sent to the "lords, in the name of the house of commons, against the attorney-general, to have satisfaction for the great scandal and injury to the members "thereof, unless he did within five days bring in "his proof, and make good the articles against "them."

66

66

66

All men were now in union in both houses: the lords had not yet recovered the courage to dissent in any one proposition made to them from the So that they had now raised to themselves an commons; and in that house no man durst presume unquestionable stock of security, when they had to debate the matter of privilege, how far it ex- declared, that they might neither be apprehended tended, and in what cases it was of no moment, by a warrant under the king's own hand, nor lest he might be thought to be privy to, and a "indeed by himself, nor accused by his attorneycounsellor of, that heinous breach, which had given" general, except themselves were willing" and them all this credit. In this consent and concurrence, all the votes, which had passed at the committee in London, and which had been by them communicated to the common council, and so divulged throughout the city and kingdom, were confirmed; and those who objected against any expressions, which were not warrantable, reprehended for laying a tax upon the discretion of the

committee.

they, who had concluded it most exactly just, that the house of peers must imprison their own members, as fast as they accused them of high treason, and, by that rule, had, within less than a week before, freed themselves of twelve bishops, who always opposed their desires, (and in a case, where every man's conscience absolved them of the guilt, of which they were charged,) thought it now unanswerable reason to evince the injustice of the And in one day both houses agreed in and exe- king's proceedings; "because if a man should be cuted three acts of sovereignty, even of as high a "committed and imprisoned as soon as the king nature as any they have since ventured upon; the "accused him of high treason, the parliament first," in commanding the sheriffs of London, by I might be dissolved; since he might successively "and with the advice of their new sergeant-major-" accuse the whole body," which logic, if they "general Skippon, to place a guard upon, that is had not pleased to vote the contrary, would "to besiege the Tower of London, to hinder the have run as well in their own case, and upon going in of any provisions, or going out of any their own license of accusing, and more danarms or ammunition;" the second, in appoint- gerously in respect of the house of peers, ing sir John Hotham to go to Hull," which will which might possibly indeed have been therebe mentioned anon; the third, "in sending an by dissolved, when by new elections that mischief