66 "information, and advertisement, as they implied "in their answer, without the name of any par"ticular person, was ground enough for such a "direct and positive affirmation, as was made in "that speech; which, in respect of the place and person, and being now acknowledged to be according to the sense of the house, was of that authority, that his majesty might suffer in the "affections of many of his good subjects, and fall "under a possible construction, considering many "scandalous pamphlets to such a purpose, of not being sensible enough of that rebellion, so horrid "and odious to all Christians; by which, in that distraction, such a danger might possibly ensue "to his majesty's person and estate, as he was well "assured they would endeavour to prevent. And "therefore he thought it very necessary, and expected that they should name those persons who "had passed by his license, and were then in the "head of the rebels: or if, upon their reexamina"tion, they did not find particular evidence to prove that assertion, (as he was most confident they never could,) as that affirmation, which re"flected upon his majesty, was very public, so they "would publish such a declaration, whereby that "mistake might be discovered; he being the more "tender in that particular which had reference to Ireland, as being most assured, that he had been, " and was, from his soul, resolved to discharge his duty, for the relief of his poor protestant subjects, and the utter rooting out that rebellion; so that service had not suffered for the want of any thing proposed to him, and within his power "to grant. 66 65 66 He said, " in this matter he had diligently exa"mined his own memory, and the notes of his "secretaries;" and then named all the Irish persons to whom he had given any licenses to go into that kingdom, since the beginning of the rebellion; and said, "he was well assured, none of them were with the rebels; and though some of them might be papists, yet he had no reason to discover any suspicion of them, in respect of their "alliance with persons of great honour and power "in that kingdom, of whose fidelity to him he "had good assurance; and the lords justices "themselves having declared, that they were so far from owning a jealousy of all papists "there, that they had put arms into the hands of "divers noblemen of that religion, within the pale, "which the parliament had well approved of. "And therefore, unless the first affirmation of "the house of commons could be made good by some particulars, he expected a vindication by "such a declaration as he had proposed; which, "he said, was, in duty and justice, due to him." But this, and any thing else could be said, was so far from procuring any reparation, or his majesty from receiving any, that when they perceived the king still pressed for that justice, and apprehended that many would believe it due to him, and that the prejudice they had raised to him for Ireland would be removed thereby, they confidently published another declaration of several persons' names, to whom they said the king had granted passes, and were then commanders in the rebels' army, of whose names his majesty had never before heard, to whom no passes had been granted, neither did he believe that there were such men in nature; and so left the people to believe as they found themselves inclined upon the king's denial, or their so particular and positive affirmation. These proceedings of the parliament made a deep impression upon all noble and generous persons, who found that their pride and ambition was so great, that they resolved to remove all persons out of their way, who were like to stand in their way, by opposing any thing they desired, or by filling any place, or office, which they designed should be executed by some other person, in whom they could confide. The earl of Newcastle, who was governor to the prince, knew very well in what prejudice he stood with the earls of Essex and Holland, (two very powerful persons,) upon the account of the challenge formerly mentioned to be sent by him to the latter of the two, who would be glad of any opportunity to expose him to an affront; and that they would find opportunities enough upon the account of his known affections to the king's service, from which it was not possible to remove or startle him. He knew they liked not that he should have the government of the prince, as one, who would infuse such principles into him, as would not be agreeable to their designs, and would dispose him to no kindness to their persons, and that they would not rest, till they saw another man in that province; in order to which, they would pick all quarrels they could, and load him with all reproaches, which might blast him with the people, with whom he had a very good reputation. Upon those considerations, and some other imaginations upon the prospect of affairs, he very wisely resolved to retire from the court, where he had expended much of his own fortune, and only made himself obnoxious to the malice and envy of other pretenders; and desired the king to approve of this his reasonable inclination, and to put the prince under the tuition of some person of honour of unquestionable fidelity to him, and above the reach of popular disapprobation; and at the same time mentioned the marquis of Hertford, who was indeed superior to any temptations. The king could not dislike the earl's judgment upon his own interest and concernment; and did foresee likewise that he might probably have occasion to use his service under another qualification; and therefore was well contented to dismiss him from the prince. The marquis of Hertford was a man of great honour, great interest in fortune and estate, and of an universal esteem over the kingdom; and though he had received many and continued disobligations from the court, from the time of this king's coming to the crown, as well as during the reign of king James, in both which seasons, more than ordinary care had been taken to discountenance and lessen his interest; yet he had carried himself with notable steadiness, from the beginning of the parliament, in the support and defence of the king's power and dignity, notwithstanding all his allies, and those with whom he had the greatest familiarity and friendship, were of the opposite party; and never concurred with them against the earl of Strafford, whom he was known not to love nor in any other extravagancy. And then, he was not to be shaken in his affec tion to the government of the church; though i was enough known that he was in no degree biasse by any great inclination to the person of an churchman. And with all this, that party carrie themselves towards him with profound respec not presuming to venture their own credit in endeavouring to lessen his. to persuade him to join with them in this, because, that being done, he should be able to deny them nothing. However those of greatest trust about the king, and who were very faithful to his service, though in this particular exceedingly deceived in their judgments, and not sufficiently acquainted with the constitution of the kingdom, persuaded him “that "the passing this bill was the only way to preserve "the church, there being so united a combination "in this particular, that he would not be able to "withstand it. Whereas, by the passing this bill, so many persons in both houses would be fully satisfied, that they would join in no further alter"ation: but, on the other hand, if they were "crossed in this, they would violently endeavour an extirpation of bishops, and a demolishing of "the whole fabric of the church. It is very true, in many respects he wanted some of those qualities, which might have been wished to be in a person to be trusted in the education of a great and a hopeful prince, and in the forming of his mind and manners in so tender an age. He was of an age not fit for much activity and fatigue, and loved, and was even wedded so much to his ease, that he loved his book above all exercises; and had even contracted such a laziness of mind, that he had no delight in an open and liberal conversation; and cared not to discourse, and argue on those points, which he under-" stood very well, only for the trouble of contending; and could never impose upon himself the pain that was necessary to be undergone in such a perpetual attendance: but then those lesser duties might be otherwise provided for, and he could well support They alleged that he was, upon the matter, the dignity of a governor, and exact that diligence deprived of their votes already, they being not from others, which he could not exercise himself; "suffered to come to the house, and the major part and his honour was so unblemished, that none "in prison under an accusation of high treason, of durst murmur against the designation; and there- "which there was not like to be any reformation, fore his majesty thought him very worthy of the "till these present distempers were composed; and high trust, against which there was no other ex- "then that by his power, and the memory of the ception, but that he was not ambitious of it, nor "indirect means that had been used against them, in truth willing to receive and undergo the charge, "it would be easier to bring them in again, than to so contrary to his natural constitution. But [in] keep them in now. They told him, there were his pure zeal and affection for the crown, and the "two matters of great importance pressed upon conscience, that in this conjuncture his submission "him for his royal assent, but they were not of might advance the king's service, and that the equal consequence and concernment to his soverefusing it might prove disadvantageous to his reign power; the first, that bill for the bishops' majesty, he very cheerfully undertook the province, votes; the other, the whole militia of the kingto the general satisfaction and public joy of the "dom, the granting of which would absolutely whole kingdom; and to the no little honour and "divest him of all regal power; that he would not credit of the court, that so important and beloved "be able to deny both; but by the granting the a person would attach himself to it under such a former, in which he parted with no matter of relation, when so many, who had scarce ever eaten moment, he would, it may be, not be pressed in any bread but the king's, detached themselves "the second; or if he were, that as he could not from their dependence, that they might without "have a more popular quarrel to take up arms, him, and against him, preserve and improve those " than to defend himself, and preserve that power fortunes, which they had procured and gotten" in his hands, which the law had vested in him, under him, and by his bounty. 66 The bill for the taking away the votes of bishops out of the house of peers, which was called a bill for taking away all temporal jurisdiction from those in holy orders, was no sooner passed the house of peers, than the king was earnestly desired "to give his royal assent to it." The king returned, "that it was a matter of great concernment; and "therefore he would take time to advise, and "would return an answer in convenient time." But this delay pleased not their appetite; they could not attempt their perfect reformation in church and state, till those votes were utterly abolished; therefore they sent the same day again to the king, who was yet at Windsor, and gave him reasons to persuade him " immediately to "consent to it; one of which was the grievances "the subjects suffered by their exercising of temporal jurisdiction, and their making a party in "the lords' house: a second, the great content of all sorts by the happy conjunction of both "houses in their absence: and a third, that the passing of that bill would be a comfortable pledge of his majesty's gracious assent to the "future remedies of those evils, which were to be presented to him, this once being passed." Reasons sufficient to have converted him, if he had the least inclination or propensity to have concurred with them. For it was, upon the matter, 66 66 66 66 66 66 "and without which he could not be a king; so "he could not have a more unpopular argument "for that contention, than the preservation of the bishops in the house of peers, which few men thought essential, and most men believed prejudicial, to the peace and happiness of the kingdom." 66 These arguments, though used by men whom he most trusted, and whom he knew to have opposed that bill in its passage, and to be cordially friends to the church of England in discipline and doctrine, prevailed not so much with his majesty, as the persuasions of the queen; who was not only persuaded to think those reasons valid, and that indeed the church could be only that way preserved, (and there are that believe that infusion to have been made in her by her own priests, by instructions from France, and for reasons in state of that kingdom,) but that her own safety very much depended upon the king's consent to that bill; and that, if he should refuse it, her journey into Holland would be crossed by the parliament, and possibly her person in danger either by the tumults, which might easily be brought to Windsor from Westminster, or by the insurrection of the countries in her passage from thence to Dover, where she intended to take shipping. Whereas by her intercession with the king to do it, she would lay a most seasonable and popular obligation upon the whole nation, and leave a pleasant, odour of her grace and favour to the people behind her, which would prove much to her advantage in her absence; and she should have the thanks for that act, as acquired by her goodness, which other wise would be extorted from the king, when she was gone. These insinuations and discourses so far satisfied the queen, and she the king, that, contrary to his most positive resolution, the king consented, and sent a commission for the enacting both that bill, and the other for pressing; which was done accordingly, to the great triumph of the boutefeus, the king sending the same day that he passed those bills, which was the fourteenth of February, a message to both houses; "That he was assured his having passed those two bills, being of so great "importance, so suddenly, would serve to assure "his parliament, that he desired nothing more "than the satisfaction of his kingdom." For Ireland, he said, "as he had concurred in all proposi❝tions made for that service by his parliament, so "he was resolved to leave nothing undone for "their relief, which should fall within his possible power, nor would refuse to venture his own person in that war, if the parliament should think it convenient, for the reduction of that miserable kingdom." The passing that bill for taking away the bishops' votes, exceedingly weakened the king's party; not only as it perpetually swept away so considerable a number out of the house of peers, which were constantly devoted to him; but as it made impression on others, whose minds were in suspense, and shaken, as when foundations are dissolved. Besides, they that were best acquainted with the king's nature, opinions, and resolutions, had reason to believe, that no exigence could have wrought upon him to have consented to so antimonarchical an act; and therefore never after retained any confidence, that he would deny what was importunately asked; and so, either absolutely withdrew themselves from those consultations, thereby avoiding the envy, and the danger of opposing them, or quietly suffered themselves to be carried by the stream, and consent to any thing that was boldly and lustily attempted. And then it was so far from dividing the other party, that I do not remember one man, who furiously insisted on, or indeed heartily wished, the passing of that bill, that ever deserted them, till the kingdom was in a flame: but, on the contrary, very many, who cordially and constantly opposed that act, as friends rather to monarchy than religion, after that bill, never considered or resisted any attempt, or further alteration, in the church, looking upon the bishops as useless to sovereignty, and so not of importance enough to defend by the sword. And I have heard the same men, who urged before, "that their places "in that house had no relation to the discipline "of the church, and their spiritual jurisdiction, "and therefore ought to be sacrificed to the pre"servation of the other, upon which the peace " and unity of religion so much depended," since argue, "that since their power in that house, "which was a good outwork to defend the king's " from invasion, was taken away, any other form "of government would be equally advantageous to "his majesty; and therefore, that he ought not to "insist on it, with the least inconvenience to his "condition." وو That which was above, or equal to all this, [was,] that, by his majesty's enacting those two bills, he had, upon the matter, approved the circumstances of their passage, which had been by direct violence, and force of arms; in which case, he ought not to have confirmed the most politic, or the most pious constitutions: Male posita est lex, quæ tumultuarie posita est, was one of those positions of Aristotle, which hath never been since contradicted; and was an advantage, that, being well managed, and stoutly insisted upon, would, in spite of all their machinations, which were not yet firmly and solidly formed, have brought them to a temper of being treated with. But I have some cause to believe, that even this argument, which was unanswerable for the rejecting that bill, was applied for the confirming it; and an opinion that the violence and force, used in procuring it, rendered it absolutely invalid and void, made the confirmation of it less considered, as not being of strength to make that act good, which was in itself null. And I doubt this logic had an influence upon other acts of no less moment than these: but it was an erroneous and unskilful suggestion; for an act of parliament, what circumstances soever concurred in the contriving and framing it, will be always of too great reputation to be avoided, or to be declared void, by the sole authority of any private persons, [or] the single power of the king himself. And though the wisdom, sobriety, and power, of a future parliament, if God shall ever bless the kingdom with another regularly constituted, may find cause to declare this or that act of parliament void; yet there will be the same temper requisite to such a declaration, as would serve to repeal it. And it may be then, many men, who abhorred the thing when it was done, for the manner of doing it, will be of the civilian's opinion, fieri non debuit, factum valet ; and never consent to the altering of that, which they would never have consented to the establishing: neither will that single precedent of the judges in the case of king Henry the Seventh, when they declared the act of attainder to be void by the accession of the crown,) though if he had in truth been the person, upon whom the crown had lineally and rightfully descended, it was good law,) find, or make, the judges of another age parallel to them, till the king hath as strong a sword in his hand, and the people as much at his devotion and disposal; and then the making, and declaring law, will be of equal facility, though, it may be, not of equal justice. How much soever the king's friends were, for the reasons aforesaid, dejected upon the passing those two acts, it is certain, they who thought they got whatever he lost, were mightily exalted, and thought themselves now superior to any opposition: and what returns of duty and acknowledgment they made to the king for that grace and favour, is to be remembered in the next place. The same day those two acts were by his majesty's commission confirmed, and as soon as a very short message of thanks for that favour, as much importing the safety of both kingdoms, of England and Ireland, was consented to, an ordinance for the settling the militia was consented to by both houses, and, together with a list of the names of such persons as for the present they meant to confide in, was immediately sent to the king for his approbation; the which, being the most avowed foundation of all the miseries that have followed, will be here necessary to be inserted in the very terms and form it was agreed upon, and presented; and was as followeth. An ordinance of both houses of parliament for the ordering of the militia of the kingdom of England, and dominion of Wales. 66 "Whereas there hath been of late a most dangerous and desperate design upon the house of commons, which we have just cause to believe to "be the effect of the bloody counsels of the papists, "and other ill affected persons, who have already "raised a rebellion in the kingdom of Ireland, and, by reason of many discoveries, we cannot but "fear they will proceed, not only to stir up the like "rebellion and insurrections in this kingdom of England, but also to back them with forces from "abroad; for the safety therefore of his majesty's person, the parliament, and kingdom, in this time "of imminent danger, it is ordained by the king, "the lords, and commons, now in parliament as"sembled, That shall have power to as"semble, and call together, all and singular his majesty's subjects within the county of 66 tion in the passing those bills, was the opening a letter they intercepted, which was directed to her majesty herself. The lord Digby, after their majesties going to Windsor, when he found in what umbrage he stood with the powerful and prevailing party, and that they were able to improve his going through a town in a coach and six horses to a warlike appearance, and so to expose him to the fury of the people, at least to the power of the counties, to be suppressed, as they had done by their order, or proclamation of the twelfth of January, before remembered, and appointed to be read in all market towns throughout England; concluded for his own security, and to free the king's councils from the imputation of his evil influence, to remove himself into some parts beyond the seas: and so, with the king's leave, and by his license, was transported into Holland, from whence he writ some letters to his friends at London, to give them an account where he was, and for supplying himself with those accommodations as he stood in need of. Amongst these letters there was one to his brother [brother-in-law] sir Lewis Dives, which, by the treachery of that person, to whose care it was intrusted for conveyance, was brought to the house of commons and it being averred, "that it came 66 as well within liberties, as without, that are meet "from the lord Digby," whom they looked upon "and fit for the wars, and them to train, exercise, as a fugitive, they made no scruple of opening it; "and put in readiness, and them, after their abili- and finding another in it directed to the queen, "ties, and faculties, well and sufficiently, from time after a very little pause they did the like; for "to time, to cause to be arrayed and weaponed, which they made no other excuse, (when upon a "and to take the muster of them in places most message from the king they sent her the transcript, " fit for that purpose. And shall have for the original they still kept) than, "that having power within the said county to nominate and "opened the other letters, and finding in them appoint such persons of quality, as to him shall" sundry expressions full of asperity, and malignity seem meet, to be his deputy lieutenants to be" to the parliament, they thought it very probable, approved of by both houses of parliament: and "that any one, or more of the said deputies, so assigned and approved of, shall in the absence, or by the command of the said have power and authority to do and execute within "the county of all such powers and au"thorities, before in this present ordinance con"tained; and shall have power to make colonels," "and captains, and other officers, and to remove "out of their places, and to make others from "time to time, as he shall think fit for that purpose. And his deputies, colonels, and captains, and other officers, shall have further power and authority to lead, conduct, and employ, the persons aforesaid, arrayed and weaponed, as well within the county of "within any other part of this realm of England, or dominion of Wales, for the suppression of all "rebellions, insurrections, and invasions, that may happen, according as they, from time to time, "shall receive directions by his majesty's authority, signified unto them by the lords and commons, assembled in parliament. And it is further "ordained, that such persons as shall not obey in any of the premises, shall answer their neglect "and contempt to the lords and commons, in a parliamentary way, and not otherwise, nor else"where and that every the powers, granted as "aforesaid, shall continue, until it shall be other"wise ordered, or declared by both houses of par"liament, and no longer. This to go also "to the dominion of Wales." 66 66 66 66 66 66 66 66 66 66 as A second act of the same day, and the only way they took to return their thanks and acknowledgment to the queen for her intercession, and media In that letter to the queen were these words: "If the king betake himself to a safe place, where " he may avow and protect his servants, from rage (I mean) and violence, for from justice I will "never implore it; I shall then live in impatience, "and in misery, till I wait upon you. But if, after "all he hath done of late, he shall betake himself "to the easiest and compliantest ways of accommodation, I am confident, that then I shall serve "him more by my absence, than by all my industry." ." And in that to sir Lewis Dives were these words: "God knows, I have not a thought to "make me blush towards my country, much less "criminal; but where traitors have so great a sway, "the honestest thoughts may prove most treason"able." Which gave those, that thought themselves concerned, so great offence, that, within two days after, they accused him of high treason; and finding no words in the letters would amount to that offence, they accused him of levying war against the king; which could have relation to no act of his, but what was before mentioned at Kingston upon Thames, when, to the terror of the king's subjects, he was seen there in a coach with six horses. Though this extravagancy of theirs seems to be directed against a particular person, I 66 "which they had in so great a measure effected in "Ireland; from whence, as they were informed, they intended to invade this kingdom, with the "assistance of the papists here. They said, nothing could prevent those evils, nor enable them "to suppress the rebellion in Ireland, and secure themselves, but the instant granting of that "their petition; which, they hoped, his majesty "would not deny to those, who must, in the A third act of that day was the carrying up an discharge of their duty to his majesty and the impeachment to the lords against the king's attor- commonwealth, represent unto him, what they ney general, "for maliciously advising and con- "found so absolutely necessary for the preservatriving the articles upon which the lord Kimbol- ❝tion of both; which the laws of God and man "ton, Mr. Hollis, Mr. Pym, Mr. Hambden, Mr. "enjoined them to see put in execution, as "Strode, and sir Arthur Haslerig, had been ac- "several counties by their daily petitions de"cused by his majesty of high treason;" it being "sired them to do, and in some places began not thought security and reparation enough, that " already to do it of themselves." Notwiththe king had waved any further proceeding against standing all that importunity, the king made them, except they left such a monument of their no other answer than formerly he had done, power, that, upon what occasion or provocation" that he would give a full answer at his return soever, no man should presume to obey the king "from Dover." in the like command: so that the same fourteenth of February, that was celebrated for the king's condescension to that act for the putting the bishops out of the house of peers, is famous likewise for those three unparalleled acts of contempt upon the sovereign power; the demand of the sole power over all the militia of the kingdom; the opening letters directed to the sacred person of the queen; and the impeaching the attorney general, for performing the duty of his place, by his master's command. All which were very ill instances of that application and compliance his majesty had reason to expect, and some men had promised him he should receive. 66 66 In the mean time, the house of commons, to whom every day petitions are directed by the several counties of England, professing all allegiance to them, govern absolutely, the lords concurring, or rather submitting, to whatsoever is proposed; insomuch as when they had bailed the twelve bishops, who were in the Tower for the treason of their protestation, which they did the next day after the bill was passed for taking away their votes, the house of commons in great indignation expostulated with them, and caused them immediately again to be recommitted to the Tower. So they gave their private intimations to their correspondents in the counties, that they should make small entries upon the militia; which was done in many places, the people choosing their officers, and listing themselves, and so training and exercising under the names of volunteers; whereby they had opportunity to unite themselves, to know their confederates, observe those who were of other opinions, and to provide arms and ammunition against they should have occasion. The Tower of London was at their devotion, and Hull was their own; the mayor of that place having been lately sent for and reprehended, for having said, "that they ought "not to have soldiers billeted upon them by the petition of right, and for refusing to submit that town, which was his charge, to the government "of Mr. Hotham;" and after a tedious and chargeable attendance, without being brought to a public hearing, he was persuaded to submit; and so was discharged. Though the king was resolved in no degree to consent to the proposition for the militia, yet he thought not the time seasonable for his positive denial, the queen retaining still her fears of being stopped in her journey. Therefore, for the present, he returned answer, "that his dearest consort the queen, and his dear daughter the princess Mary, being then upon their departure for Holland, he "could not have so good time to consider of a par"ticular answer for a matter of so great weight, as that was; therefore he would respite the same "till his return:" the king intending to accompany the queen to Dover, and, as soon as she was embarked, to return. They received this answer with their usual impatience, and the next day sent messengers to him, with that which they called an humble petition; in which they told him, " that they had, with a great deal of grief, received his answer to their just and necessary petition concerning the militia of the kingdom; which, by a gracious message formerly sent unto them, he "had been pleased to promise should be put into "such hands, as his parliament should approve of, "the extent of their power, and the time of their" issued in such manner, and to such uses, as the "continuance, being likewise declared; the which being now done, and the persons nominated, his "majesty nevertheless reserved his resolution to a longer and a very uncertain time; which, they "said, was as unsatisfactory and destructive as an "absolute denial. Therefore they once again besought him to take their desire into his royal thoughts, and to give them such an answer, as "might raise in them a confidence, that they "should not be exposed to the practices of those "who thirst after the ruin of this kingdom, and "the kindling of that combustion in England, 66 Then they fell to raising of monies under pretence of the relief of Ireland, and, for that purpose, prepared one act" for the payment of four hundred "thousand pounds to such persons as were nomi"nated by themselves, and to be disbursed and "two houses should direct," which the king confirmed accordingly; whereby they had a stock of credit to raise monies, whensoever they found themselves put to it: and this could not be prevented; for the king having committed the carrying on the war of Ireland to them, and they being engaged both for the payment of the arrears to the officers of the northern army disbanded the summer before, and of the three hundred thousand pounds to the Scots, his majesty was necessitated to pass the act with such general clauses, that it might be in their power to divert the money to other uses |