have waited upon his majesty thither, that he had dressed himself in his travelling habit, he was diverted from it by the earl of Holland, who ought to have accompanied him in the service, and by his averment, "that if he went, he should be assassinated;" which was never thought of. Notwithstanding all this, the persons trusted by his majesty, and remaining at London, had no sooner notice of it, (which his majesty sent to them, that he might be advised the best way of doing it,) but they did all they could to dissuade the pursuing it. They did not think it a good conjuncture to make those two desperate; and they knew that they were not of the temper, and inclinations of those, who had too much credit with them, nor did desire to drive things to the utmost extremities, which could never better their conditions; and that they did both rather desire to find any expedients, by which they might make a safe and an honourable retreat, than to advance in the way they were engaged. But the argument they chiefly insisted on to the king, was, that, being deprived of their offices, they would be able to do more mischief, and ready to embark "themselves with the most desperate persons, "in the most desperate attempts," which fell out accordingly. And there is great reason to believe, that if that resolution the king had taken had not been too obstinately pursued at that time, many of the mischiefs, which afterwards fell out, would have been prevented; and, without doubt, if the staff had remained still in the hands of the earl of Essex, by which he was charged with the defence and security of the king's person, he would never have been prevailed with to have taken upon him the command of that army, which was afterwards raised against the king, and with which so many battles were fought. And there can be as little doubt in any man, who knew well the nature and temper of that time, that it had been utterly impossible, for the two houses of parliament to have raised an army then, if the earl of Essex had not consented to be general of that

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How weak soever the reasons were, the passion was strong; and the lord Falkland could not refuse to convey his letter to the king, which contained his answer in his own words, with all the imaginable professions of duty and zeal for his service. How ill soever his majesty was satisfied, he saw the business would not be done that way; and therefore he writ immediately a letter, all in his own hand, to the lord Falkland; in which with some gracious expressions of excuse for putting that work upon him, he commanded him" to require the surrender of the ensigns of "their offices from those two earls." The lord Falkland was a little troubled in receiving the command: they were persons from whom he had always received great civilities, and with whom he had much credit;' and this harsh office might have been more naturally, and as effectually, performed by a gentleman usher, as the same staff had been demanded before from the earl of Pembroke, within less than a year. However, he would make no excuse, being a very punctual and exact person in the performance of his duty; and so went to both of them, and met them coming to the house, and imparted his message to them: they desired him very civilly," that he would give them leave to "confer a little together, and they would, within "half an hour, send for him into the house of "commons:" whither he went, and they, within less time, sent to him to meet them in sir Thomas Cotton's garden, (a place adjacent, where the members of both houses used frequently to walk,) and there, with very few words, they delivered the staff and the key into his hands, who immediately carried them to his lodging; and they went up to the house of peers: and immediately both houses took notice of it, and with passion, and bitter expressions against the evil counsellors, who had given his majesty that counsel, they concurred in a vote, "that whosoever "presumed to accept of either of those offices, "should be reputed an enemy to his country;" and then they proceeded with more impetuosity in the business of the militia, and all other matters which most trenched upon the king's authority.

But the king was inexorable in the point; he was obliged by promise to the queen at parting, which he would not break; and her majesty had Whilst they were so eager in pursuit of the contracted so great an indignation against the earl militia, and pretended the necessity so imminent, of Holland, whose ingratitude indeed towards her that they could not defer the disposition thereof was very odious, that she had said, "she would till it might be formally and regularly settled by "never live in the court, if he kept his place." bill, they had their eye upon another militia, the And so the king sent an order to Littleton, then royal navy; without recovering of which to their lord keeper of the great seal," that he should reown power, (though they were satisfied by the "quire the staff and key from the one and the pulse of the people, that they would join with "other, and receive them into his custody." The them, and be generally obedient to their comkeeper trembled at the office, and had not courage mands,) they had no mind to venture upon the to undertake it. He went presently to the lord execution of their land ordinance. And thereFalkland, [and] desired him to assist him in mak- fore, in the beginning of the spring, when the ing his excuse to the king. He made many pro- fleet for that year was provided, after they [had] fessions of his duty to the king, " who, he hoped, excepted against such persons to be captains of "would not command him in an affair so unsuita- ships, as they thought not devoted to them, (as "ble to the office he held under him; that no is before mentioned,) they sent a formal message "keeper had ever been employed in such a service; to the lords, "that the earl of Northumberland, "that if he should execute the order he had re- "lord admiral, might be moved to constitute the "ceived, it would in the first place be voted a "earl of Warwick his admiral of the fleet for that "breach of privilege in him, being a peer; and the "year's service, being a person of such honour "house would commit him to prison, by which the "and experience, as they might safely confide "king would receive the greatest affront, though "in him; and that the earl of Warwick might "he should be ruined; whereas the thing itself" be desired to undertake that service." The "might be done by a more proper officer, without lords thought fit that the king's approbation any inconvenience." might be first desired, before it was recommended

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to the earl of Northumberland: but the commons "be recommended to him. Therefore, he said, thought that superfluous, since it was absolutely" his resolution upon that point was, that he would in the earl's disposal to dispose of the officers "not alter him, whom he had already appointed of the fleet; and therefore refused to send to the "to command that year's fleet; whose every ways king, but of themselves sent to both the one earl sufficiency was so universally known, the which and the other; and the earl of Warwick, being "he was confident his admiral, if there should well pleased with the trust, very frankly, without "be occasion, would make most evident; against waiting the king's consent, declared," that he "whose testimony he supposed his parliament was ready to undertake the employment." But "would not except. And though there were yet this being so publicly agitated, the king could none appointed, or the said sir John, through not but take notice of it; and finding that the some accident, not able to perform the service; business should not be proposed to him, thought yet, he said, the men of that profession were so it necessary to signify his pleasure in it, that so "well known to him, besides many other reasons, at least the lord admiral might not pretend in- "that (his admiral excepted, because of his place) nocence, if ought should be done to his disserrecommendations of that kind would not be vice; and therefore he appointed Mr. Secretary acceptable to him.” Nicholas to write to the earl of Northumberland, "that his majesty expected that sir John Penning"ton should command that fleet, as he had "done two or three years before." This letter being communicated to both houses, and the lord admiral being thereby upon the disadvantage of a single contest with the king, the house of commons, rather out of kindness and respect to the earl, than of duty to the king, condescended to join with the lords in a message to the king; which they sent not by members of their own, but directed the lord keeper "to inclose it in a "letter to the secretary attending the king, and to "send the same to York ;" which he did accordingly. The message was:

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"That the lords and commons, in this present "parliament assembled, having found it necessary "to provide, and set to sea, a strong and powerful navy for the defence of this kingdom against foreign force, and for the security of his ma"jesty's other dominions, the charge whereof was "to be borne by the commonwealth and taking "notice of the indisposition of the lord admiral, "which disabled him, at that time, for commanding the fleet in his own person, did thereupon "recommend unto his lordship the earl of War"wick, a person of such quality and abilities, "in whom they might best confide, to supply "his lordship's room for this employment: and understanding that his majesty hath since sig"nified his pleasure concerning that command for "John Pennington, they said, they did hold it "their duty to represent to his majesty the great danger and mischief the commonwealth was "like to sustain by such interruption; and there"fore did humbly beseech his majesty, that the "noble person, recommended by both houses "of parliament for this service, might no longer "be detained from it, out of any particular respect other person whatsoever."

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to any

The same day that this message came to his majesty, he despatched an answer to the lord keeper; in which he told him, "that he won"dered both at the form and matter of that in"closed paper he had sent to him, in the name of "both houses of parliament; it being neither by "the way of petition, declaration, or letter; and for "the matter, he believed, it was the first time, "that the houses of parliament had taken upon "them the nomination, or recommendation of the "chief sea-commander; but it added to the won"der, that sir John Pennington being already appointed by him for that service, upon the "recommendation of his admiral, and no fault so much as alleged against him, another should

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This answer was no other than they expected, though they seemed troubled at it, and pretended that they had many things of misdemeanour to object against sir John Pennington, at least such matters as would render him incapable of that trust; the greatest of which was, that he had conveyed the lord Digby over sea; though they well knew (as is before mentioned) that he had the king's warrant and command for that purpose; and therefore moved the lords that he might be sent for to be examined upon many particulars: and in the mean time, whilst they caused him to attend their leisure to be examined, they proceeded in hastening the earl of Warwick to make himself ready for the service, who made no scruple of undertaking it; and the earl of Northumberland receiving the order, and desire of both houses,

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to grant his commission to him to be admiral of "that fleet," thought himself sufficiently excused towards the king, and did it accordingly; the two houses in the mean time, without any further thought of procuring the king's consent, preparing reasons to satisfy his majesty for the necessity or conveniency of their proceeding.

Many men, especially they who at a distance observed and discerned the difficulties the king was like to encounter, wondered that upon so apparent a breach of trust, and act of undutifulness, his majesty did not at that time revoke the lord admiral's commission, which was but during pleasure; and so put that sure guard of the kingdom, his navy, under such a command as he might depend upon. But the truth is, it was not then counsellable; for (besides that it was easier to resolve, "that it was "fit to remove the earl of Northumberland," than to find a man competent for the place) that way it might have been possible to have prevented the going out of any fleet to sea, which would have confirmed the frantic jealousies of bringing in foreign forces, [but] not have reduced it to his own obedience.

They had, by degrees, so ordered the collection of tonnage and poundage, by passing bills for six weeks and two months at a time, and putting those, who should receive or pay those duties, otherwise than they were granted by those bills, into a præmunire; and so terrified the old customers, that the king had no other means of setting out his fleet, than by the monies arising by the customs, which they absolutely disposed of; and at this time had contracted with the victualler, made the ships ready, and hired many merchants' ships to join in that fleet for the guard of the seas. And whilst this matter of the admiral was in suspense, they suffered the former bill of tonnage and poundage

to expire, and did not, till the very night before, pass a new bill; which could not have the royal assent till many days after, the king being then at York. Yet the house of commons, to salve all danger of the præmunire, on the twenty-fourth of March, being the very day that the former bill expired, sent an order to all the collectors of the customs, many of which could not receive it in ten days after;

after cause to repent. For, by this means, the vice-admiralty, which was designed to captain Cartwright, the comptroller of the navy, who hath since sufficiently testified how advantageously to his majesty he would have managed that charge, upon his refusal (which was occasioned by intimation from his majesty, as shall be hereafter mentioned) was conferred upon Batten, an obscure fellow; and, though a good seaman, unknown to the navy, till he was, two or three years before, for money, made surveyor, who executed it ever since with great animosity against the king's service, of which more hereafter.

Being, by this means, secure at sea, they pro

thought it not yet seasonable to execute their ordinance for the militia with any form and pomp, they directed, underhand, their agents and emissaries, "that the people, of themselves, should choose captains and officers, and train under the name " of volunteers;" which began to be practised in many places of the kingdom, but only in those corporations, and by those inferior people, who were notorious for faction and schism in religion. The king's declarations, which were now carefully published, gave them some trouble, and made great impression in sober men, who were moved with the reason, and in rich men, who were startled at the commands in them. But that clause in the king's answer to their declaration, presented to him at Newmarket, in which he told them, " that if "they had not been informed of the seditious "words used in, and the circumstances of the

"That the new bill being passed by both houses "for the continuance of those payments until the "third day of May, (which could not yet receive "the royal assent, in regard of the remoteness of "his majesty's person from the parliament,) which "monies to be collected by that bill were to be em-ceeded with more vigour at land; and, though they ployed for the necessary guarding of the seas, and "defence of the commonwealth: it was therefore "ordered by the commons in parliament, that the "several officers belonging to the custom-house, "both in the port in London, and the out-ports, "should not permit any merchant or other to lade "or unlade any goods, or merchandises, before "such persons do first make due entries thereof in "the custom-house. And it was declared also by "the said commons, that such officers, upon the respective entry made by any merchant as aforesaid, should intimate to such merchant, that it was the advice of the commons, for the better ease of the said merchants, and in regard the respective duties would relate, and become due "as from that day; that the said merchants upon entry of their goods, as usually they did, when "a law was in force to that purpose, would deposit "so much money as the several customs would "amount unto, in the hands of such officers, to be "by them accounted to his majesty, as the respect"ive customs due by the said bill, when the said "bill should have the royal assent; or otherwise, "his majesty refusing the passing thereof, the said "monies to be restored, upon demand, unto the "several merchants respectively."

By which order, which was a more absolute dispensation for a pramunire, than ever any nonobstante granted by the crown, the customs were as frankly and fully paid, as if an act of parliament had been passed to that purpose; and as soon as the commission could be sent, and returned from York, the act was passed. But no doubt they had a further design in suffering the bill totally to expire, before they prepared a new [one], than at that time was apprehended; and intended, under such a popular necessity, which seemed to be occasioned by the king's absence, to bring their own orders in such reputation, that in another necessity which they should declare, they might by the precedent of this, which was the only indemnity all those merchants who paid, and the officers who received, customs, had for the preservation of their estates, be currently and absolutely obeyed and submitted to.

tumults, and would appoint some way for the "examination of them, that he would require some "of his learned council to attend with such evi"dence as might satisfy them," troubled them much more. For if there were still so much courage left in the king's council, that they durst appear to inforın against any of those proceedings, which they favoured, they should find men grow more afraid of the law than of them; which would destroy all their designs. Therefore they resolved to proceed with all expedition, and severity, against the attorney general for his trespass and presumption upon their privileges, in the accusation of the five members, and the lord Kimbolton: of the circumstances of which proceeding, and judgment thereupon, being as extraordinary, and as distant from the rules of justice, at least of practice, as any thing that then happened, it will not be amiss to set down two or three particulars.

Shortly after they had impeached him, (which is mentioned before,) and the king had found it necessary to give over any prosecution against them, his majesty being desirous, now he had freed them, that they should free his attorney, writ a letter from Royston, when he was in his way to York, to the lord keeper; in which he told him, " that the "articles, which had been preferred against the members, [were,] by himself, delivered to his attorney general, engrossed in paper; and that he had then commanded him to accuse those persons, upon those articles of high treason, "and other misdemeanours; and, in his name, to "desire a committee of lords might be appointed "to take the examinations of such witnesses as "should be produced, as formerly had been done "in cases of like nature, according to the justice "of the house. And his majesty did further "declare, that his said attorney did not advise or

By this it appears the king could not at that time," with conveniency or safety to his affairs, displace the earl of Northumberland; and he believed, if" his occasions should hereafter require it, that the time would be much more seasonable, when the fleet was at sea; and the thing itself more practicable: which was a true conclusion. However, he expressed so much dislike against the earl of Warwick's commanding that fleet, that he was not willing that any officers whom he valued should take employment under him; which he had shortly