"have been sure to have stated the matters of fact, as (at least to ordinary understandings) might "be unquestionable; neither of which was done by that declaration. 66 66 66 66 66 66 66 66 "the law, which had lain hid from the beginning " of the world to that time, and now was discovered "to take away the just, legal power of the king, " he wished there were not some other secret (to "be discovered when they pleased) for the ruin " and destruction of the liberty of the subject. For, "he said, there was no doubt if the votes of both "houses had any such authority to make a new "law, it had the same authority to repeal the "old; and then, what would become of the long "established rights of the king and subject, and particularly of Magna Charta, would be easily "discerned by the most ordinary understanding. "He said, it was true, that he had (out of ten"derness of the constitution of the kingdom, and care of the law, which he was bound to defend, " and being most assured of the unjustifiableness " of the pretended ordinance) invited, and desired "both houses of parliament to settle whatsoever "should be fit of that nature by act of parliament. "But was he therefore obliged to pass whatsoever "should be brought to him of that kind? He did say in his answer to the petition of both houses, presented to him at York the 26th of March last, "(and he had said the same in other messages be"fore,) that he always thought it necessary that "the business of the militia should be settled, and "that he never denied the thing, only denied the way; and he said the same still; and that since "the many disputes and votes, upon lords lieute"nants and their commissions, (which had not been begun by his majesty, nor his father,) had so discountenanced that authority, which for many years together was looked upon with reverence and obedience by the people, his majesty "did think it very necessary, that some wholesome "law should be provided for that business; but " he had declared in his answer to the pretended ordinance, that he expected, that that necessary power should be first invested in his majesty, "before he consented to transfer it to other men ; "neither could it ever be imagined that he would "consent that a greater power should be in the "hands of a subject, than he was thought worthy "to be trusted with himself. And if it should "not be thought fit to make a new act or de"claration in the point of the militia, he doubted "not but he should be able to grant such com"missions as should very legally enable those "he trusted, to do all offices for the peace and quiet of the kingdom, if any disturbance should happen. "His majesty had desired to know, why he was by that act absolutely excluded from any power or authority in the execution of the militia: and, "he said, he must appeal to all the world, whether "such an attempt were not a greater and juster ground for fear and jealousy in him, than any one "that was avowed for those destructive fears and "jealousies which were so publicly owned, almost, "to the ruin of the kingdom. But his majesty "had been told, that he must not be jealous of his great council of both houses of parliament. He "said, he was not, no more than they were of his majesty, their king; and hitherto they had not "avowed any jealousy of, or disaffection to, his person; but imputed all to his evil counsellors, to a malignant party, that was not of their minds; so his majesty did (and, he said, he did it from "his soul) profess no jealousy of his parliament, "but of some turbulent, seditious, and ambitious 66 natures; which, being not so clearly discerned, might have an influence even upon the actions "of both houses: and if that declaration had passed by that consent, (which he was not willing to believe,) he said, it was not impossible, but that the apprehension of such tumults, "which had driven his majesty from his city of London, for the safety of his person, might make "such an impression upon other men, not able" "to remove from the danger, to make them con"sent, or not to own a dissent, in matters not agreeable to their conscience or understanding. "He said, he had mentioned, in that his answer, "his dislike of putting their names out of the bill, "whom before they recommended to his majesty, "in their pretended ordinance, and the leaving out, by special provision, the present lord mayor "London: to all which the declaration afforded no answer; and therefore he could not suppose it was intended for an answer to that his message, "which whosoever looked upon, would find to be "in no degree answered by that declaration; but "it informed all his majesty's subjects, after the " mention with what humility the ordinance was prepared, and presented to his majesty, (a matter very evident in the petitions, and messages concerning it,) and his refusal to give his consent, “notwithstanding the several reasons offered, of "the necessity thereof for the securing of his person, and the peace and safety of his people, (whether any such reasons were given, the weight "of them, and whether they were not clearly and candidly answered by his majesty, the world "would easily judge,) that they were at last neces"sitated to make an ordinance by authority of both houses, to settle the militia, warranted thereunto by the fundamental laws of the land. But, his majesty said, if that declaration had indeed in"tended to have answered him, it would have "told his good subjects what those fundamental "laws of the land were, and where to be found; "and would, at least, have mentioned one ordinance, from the first beginning of parliaments to "this present parliament, which endeavoured to impose any thing upon the subject without the king's consent; for of such, he said, all the inquiry he could make could never produce him one instance. And if there were such a secret of even of what by his former messages his majesty "had promised; and so that declaration, he said, "proceeded, under the pretence of mentioning evil " and wicked councils, to censure and reproach his majesty in a dialect, that, he was confident, his good subjects would read, on his behalf, with "much indignation. But, his majesty said, sure "if that declaration had passed the examination of "both houses of parliament, they would never have affirmed, that the bill he had refused to pass was "the same he had sent to them, or have thought "that his message, wherein the difference and con 66 "bill, which he had refused, might possibly have produced. "For the precedents of former ages in the com"missions of array, his majesty doubted not, but "when any such had issued out, that the king's "consent was always obtained, and the commis"sions determinable at his pleasure; and then "what the extent of power was, would be nothing applicable to that case of the ordinance. trariety between the two bills was so particularly "set down, would be answered with the bare averring them to be one and the same bill: nor would they have declared, when his exceptions to the "ordinance, and the bill, were so notoriously known "to all, that care being taken to give satisfaction "in all the particulars he had excepted against in "the ordinance, he had found new exceptions to the bill; and yet that very declaration confessed, that his exception to the ordinance was, that, in the disposing and execution thereof, his majesty was excluded: and was not that an express 66 reason, in his answer, for his refusal of the bill; "which that declaration would needs confute? "But the power was no other than to suppress rebellion, insurrection, and foreign invasion; and "the persons trusted, no other than such as were nominated by the great council of the kingdom, "and assented to by his majesty: and they asked, if that were too great a power to trust those persons with? Indeed, his majesty said, whilst so great liberty was used in voting, and declaring men to be enemies to the commonwealth, (a phrase his majesty scarce understood,) and in censuring men for their service, and attendance upon his majesty's person, and in his lawful commands, great heed must be taken into what hands he committed such a power to suppress "insurrection and rebellion; and if insurrection and rebellion had found other definitions than what the law had given, his majesty must be sure, that no lawful power should justify those definitions and if there were learning found "out to make sir John Hotham's taking arms against him, and keeping his majesty's town and "fort from him, to be no treason or rebellion, he "knew not whether a new discovery might not "find it rebellion in his majesty to defend himself from such arms, and to endeavour to recover what was so taken from him; and therefore, he "said, it concerned him, till the known laws of the land were allowed to be judge between them, "to take heed into what hands he committed such 46 power. 66 66 66 "But whether that declaration had refuted his majesty's reasons for his refusal to pass the bill, or no, it resolved, and required all persons in authority thereby to put the ordinance in pre"sent execution; and all others to obey it according to the fundamental laws of the land. "But, his majesty said, he, whom God had trusted "to maintain and defend those fundamental laws, "which, he hoped, God would bless to secure him, "did declare, that there was no legal power in "either, or both houses, upon any pretence what" soever, without his majesty's consent, to com"mand any part of the militia of the kingdom; nor had the like ever been commanded by "either, or both houses, since the first foundation "of the laws of the land; and that the execution "of, or the obedience to, that pretended ordinance, was against the fundamental laws of the land, against the liberty of the subject, and the right "of parliaments, and a high crime in any that "should execute the same: and his majesty did "therefore charge and command all his loving subjects, of what degree or quality soever, upon "their allegiance, and as they tendered the peace "of the kingdom, from thenceforth not to muster, "levy, or array, or summon, or warn any of the "trained bands to rise, muster, or march, by "virtue, or under colour, of that pretended ordinance and to that declaration and command of "his majesty's, he said, he expected and required "a full submission and obedience from all his " 'loving subjects, upon their allegiance, as they "would answer the contrary at their perils, and as they tendered the upholding of the true pro"testant religion, the safety of his person, and Besides, he asked, whether it could be thought," his royal posterity, the peace, and being of the that because he was willing to trust certain per-" kingdom." sons, that he was obliged to trust them in what- Notwithstanding these sharp declarations, (infalsoever they were willing to be trusted? He said, lible symptoms of sharper actions,) which were with no private hands were fit for such a trust; nei- equal diligence dispersed by either side amongst "ther had he departed from any thing, in the least the people, save that the agents for the parliament degree, he had offered or promised before; took as much care to suppress the king's, as to pub"though he might with as much reason have with-lish their own, whereas the king's desire was that "drawn his trust from some persons, whom before "he had accepted, as they had done from others, "whom they had recommended. For the power "which he was charged to have committed to particular persons, for the space of fifteen years, by his commissions of lieutenancy, it was notoriously known, that it was not a power created by his majesty, but continued very many years, " and in the most happy times this kingdom had "enjoyed, even those of his renowned predecessors, queen Elizabeth, and his father of happy memory; "and whatever authority had been granted by "those commissions, which had been kept in the "old forms, the same was determinable at his ma"jesty's pleasure; and he knew not, that they pro"duced any of those calamities, which might give "his good subjects cause to be so weary of them, as "to run the hazard of so much mischief, as that plaint from thence, being not despatched thither, both in quantity and quality, with that expedition as was pretended) they sent out very strict warrants for the gathering all those sums of money, which had been granted by any bills of subsidy, or pollbill; in the collection of all which there had been great negligence, probably that they might have it the more at their own disposal in their need; by which they now recovered great sums into their hands. For the raising of men, (though it was not yet time for them to avow the raising an army,) besides the disposing the whole kingdom to subject themselves to their ordinance of the militia, and, by that, listing in all places companies of volunteers, who would be ready when they [were] called, they made more haste than they had done in the levies of men, both horse and foot, for the relief of Ireland, under officers chosen or approved by themselves; and proposed the raising an army apart, of six or eight thousand, under the command of the lord Wharton, (a man very fast to them,) for Munster, under the style of the adventurers' army, and to have no dependence upon, nor be subject to, the lord lieutenant of Ireland, but only to receive orders from the two houses, and from a committee to be appointed by them, which should be always with that army: but the king, easily discerning the consequence of that design, refused to grant such a commission as they desired; so that they were forced to be content, only with the advantage of new exclamations against the king, "for hindering "the supplies for Ireland,” upon the occasion of his denial of that unreasonable commission, and to proceed in their levies the ordinary way; which they did with great expedition. To confirm and encourage the factious and schismatical party of the kingdom, which thought the pace towards the reformation was not brisk and furious enough, and was with great difficulty contained in so slow a march, they had, a little before, published a declaration: "That they intended a due and necessary refor"mation of the government and liturgy of the church, and to take away nothing in the one or "the other, but what should be evil, and justly offensive, or at least unnecessary, and burdensome: and, for the better effecting thereof, speedily to have consultation with godly and "learned divines: and, because that would never "of itself attain the end sought therein, they would "therefore use their utmost endeavours to establish "learned and preaching ministers, with a good "and sufficient maintenance throughout the whole kingdom; wherein many dark corners miserably destitute of the means of salvation, "and many poor ministers wanted necessary pro"vision." 66 were This declaration, printed, and appointed to be published by the sheriffs in their several counties, in all the market-towns within the kingdom of England and dominion of Wales, was not more intended to the heartening of those who were impatient for a reformation, (who in truth had so implicit a faith in their leaders, that they expected another manner of reformation than was publicly promised,) than to the lulling those asleep, who began to be awake with the apprehension of that confusion, they apprehended from the practice and license, they saw practised against the received government, and doctrine of the church; and to be persuaded, that it was time to oppose that current. And in this project they were not disappointed: for though this warily worded declaration was evidence enough to wise men, what they intended, and logically comprehended, an alteration as great as hath been since attempted and made; yet to lazy and quiet men, who could not discern consequences, and were not willing to antedate their miseries, by suspecting worse was to come than they felt, or saw in their view, their fears were much abated, and the intentions of the parliament seemed not so bad as they had been told by some that they were: and as this very declaration of a due reformation to be made of the government of the church, and the liturgy, would, a year before, have given great umbrage and scandal to the people, when, generally, there was a due submission to the government, and a singular reverence of the liturgy of the church of England; so now, when there was a general fear and apprehension inculcated into them, of a purpose utterly to subvert the government, and utterly to abolish the liturgy, they thought the taking away nothing in the one or the other, but what should be evil, and justly offensive, or, at least, unnecessary and burdensome, was an easy composition; and so, by degrees, they suffered themselves to be still prevailed on towards ends they extremely abhorred; and what at first seemed profane and impious to them, in a little time appeared only inconvenient; and what, in the beginning, they thought matter of conscience and religion, shortly after they looked upon as somewhat rather to be wished than positively insisted on; and consequently not to be laid in the balance with the public peace, which they would imagine to be endangered by opposing the sense that then prevailed; and so, by undervaluing many particulars, (which they truly esteemed,) as rather to be consented to, than that the general should suffer, they brought, or suffered the public to be brought to all the sufferings it since underwent. And now they shewed what consultation they meant to have with godly and learned divines, and what reformation they intended, by appointing the knights and burgesses to bring in the names of such divines for the several counties, as they thought fit to constitute an assembly for the framing a new model for the government of the church, which was done accordingly; those who were true sons of the church, not so much as endeavouring the nomination of sober and learned men, abhorring such a reformation, as begun with the invasion and suppression of the church's rights in calling a synod, as well known as Magna Charta: and if any well affected member, not enough considering the scandal and the consequence of that violation, did name an orthodox and well reputed divine, to assist in that assembly, it was argument enough against him, that he was nominated by a person in whom they had no confidence; and they only had reputation enough to commend to this consultation, who were known to desire the utter demolishing of the whole fabric of the church: so that of about one hundred and twenty, of which that assembly was to consist, (though, by the recommendation of two or three members of the commons, whom they were not willing to displease, and by the authority of the lords, who added a small number to those named by the house of commons, a few very reverend and worthy men were inserted; yet of the whole num ber) they were not above twenty, who were not declared and avowed enemies to the doctrine or discipline of the church of England; many of them infamous in their lives and conversations; and most of them of very mean parts in learning, if not of scandalous ignorance; and of no other reputation, than of malice to the church of England; so that that convention hath not since produced any thing, that might not then reasonably have been expected from it. But that which gave greatest power and strength to their growing faction, was the severity they used against all those, of what quality or degree soever, who opposed their counsels and proceedings. If any lord, who had any place of honour or trust from the king, concurred not with them, they made an inquisition into the whole passages of his life; and if they could find no fault, or no folly (for any levity, or indiscretion, served for a charge) to reproach him with, it was enough," that they could not confide in him :" so they threatened the earl of Portland, who with extraordinary vivacity crossed their consultations, "that they would remove him "from his charge and government of the Isle of "Wight," (which, at last, they did de facto, by committing him to prison, without so much as assigning a cause,) and to that purpose objected all the acts of good fellowship; all the waste of powder, and all the waste of wine, in the drinking of healths; and other acts of jollity, whenever he had been at his government, from the first hour of his entering upon it: so that the least inconvenience a man in their disfavour was to expect, was to have his name and reputation used, for two or three hours, in the house of commons, with what license and virulency they pleased. None were persecuted with more rigour than the clergy; whereof whosoever publicly, or privately, censured their actions, or suspected their intentions, was either committed to prison, or compelled to a chargeable and long attendance, as inconvenient as imprisonment. And this measure of proceeding was equally, if not with more animosity, applied to those, who, in former times, had been looked upon by that party with most reverence. On the contrary, whoever concurred, voted, and sided with them, in their extravagant conclusions, let the infamy of his former life, or present practice, be what it would, his injustice and oppression never so scandalous and notorious, he was received, countenanced, and protected, with marvellous demonstrations of affection: so that, between those that loved them, and those that feared them, those that did not love the church, and those that did not love some churchmen; those whom the court had oppressed, and those who had helped the court to oppress others; those who feared their power, and those who feared their justice; their party was grown over the kingdom, but especially in the city, justly formidable. In the mean time, the king omitted no opportunity to provide against the storm he saw was coming; and, though he might not yet own the apprehension of that danger he really found himself in, he neglected not the provision of what he thought most necessary for his defence; he caused all his declarations, messages, and answers, to be industriously communicated throughout his dominions; of which he found good effects; and, by their reception, discovered that the people universally were not so irrecoverably poisoned, as he before had cause to fear he caused private intimations to be given, and insinuations to be made to the gentry, "that their presence would be acceptable to him;" and to those, who came to him, he used much gracious freedom, and expressed all possible demonstrations, that he was glad of their attendance: so that, in a short time, the resort to York was very great; and, at least, a good face of a court there." Beyond the seas, the queen was as intent to do her part; and to provide that so good company, as she heard was daily gathered together about the king, should not be dissolved for want of weapons to defend one another: and therefore, with as much secrecy as could be used in those cases, and in those places where she had so many spies upon her, she caused, by the sale or pawning of her own, and some of the crown jewels, a good quantity of powder and arms to be in a readiness in Holland, against the time that it should be found necessary to transport it to his majesty: so that both sides, whilst they entertained each other with discourses of peace, (which always carried a sharpness with them, that whetted their appetite to war,) provided for that war, which they saw would not be prevented. Hitherto the greatest acts of hostility, saving that at Hull, were performed by votes and orders; for there was yet no visible, formal execution of the ordinance for the militia, in any one county of England: for the appearance of volunteers in some factious corporations [was] rather countenanced than positively directed and enjoined by the houses; and most places pretended an authority, granted by the king in the charters, by which those corporations were erected, or constituted: but now they thought it time to satisfy the king, and the people, that they were in earnest, (who were hardly persuaded, that they had in truth the courage to execute their own ordinance,) and resolved, "that, on "the tenth of May, they would have all the "trained bands of London mustered in the fields, "where that exercise usually was performed;" and accordingly, on that day, their own new officer, sergeant-major-general Skippon, appeared in Finsbury fields, with all the trained bands of London, consisting of above eight thousand soldiers, disposed into six regiments, and under such captains and colonels, as they had cause to confide in. At this first triumphant muster, the members of both houses appeared in gross, their being a tent purposely set up for them, and an entertainment at the charge of the city to the value of near a thousand pounds; all men presuming that this example of London, with such ceremony and solemnity, would be easily followed throughout the kingdom; and many believing they had made no small progress towards the end they aimed at, by having engaged the very body of the city in a guilt equal to their own for though they had before sufficient evidence of the inclinations of the mean and common people to them, and reasonable assurance, that those in authority would hardly be able to contain them; yet, till this day, they had no instance of the concurrence of the city in an act expressly unlawful. But now they presumed all difficulties were over; and so sent their directions to the counties adjacent, speedily to execute the same ordinance: and appointed all the magazines of the several counties of England and Wales, to such custody, as their lord lieutenants, or their deputy lieutenants, should appoint; and that not | were practised in the disease. As soon as the inonly the counties should increase those magazines telligence was arrived at London, that the king to what proportion soever they thought convenient, actually had a guard, (though the circumstances but that any private persons, that were well af- were as well known that were used in the raising fected, should supply themselves with what arms it,) both houses published these three votes, and and ammunition they pleased. By which means, dispersed them: besides the king's magazines, all which were in I. "That it appeared, that the king, seduced by their possession, they caused great quantities of" wicked counsel, intended to make war against all sorts of arms to be provided, and disposed to such places and persons, as they thought fittest to be trusted; especially in those factious corporations, which had listed most volunteers for their service. 66 66 "the parliament; who, in all their consultations " and actions, had proposed no other end unto "themselves, but the care of his kingdoms, and "the performance of all duty and loyalty to his person. 66 2. "That whensoever the king maketh war upon the parliament, it is a breach of the trust reposed in him by his people; contrary to his "oath; and tending to the dissolution of the go" 66 vernment. "That his loyal subjects, the lords and commons "in parliament, did humbly represent unto his ma"jesty, that notwithstanding his frequent profes"sions to his parliament and the kingdom, that his "desire and intention was only the preserving the "true protestant profession, the laws of the land, "the liberty of his people, and the peace of the kingdom; nevertheless, they perceived with great grief, by his speech of the twelfth of May, and "the paper printed in his majesty's name, in the "form of a proclamation, bearing date the four"teenth of May, and other evidences, that, under "colour of raising a guard to secure his person, of "which guard (considering the fidelity and care of "his parliament) there could be no use, his majesty did command troops, both of horse and foot, to assemble at York; the very beginnings whereof were apprehended by the inhabitants of "that county to be an affrightment and disturbance of his liege people, as appeared by their petition presented to him; the continuing and increasing of which forces was to his parliament, "and must needs be, a just cause of great jealousy, "and danger to his whole kingdom. The king now saw the storm coming apace upon him; that (notwithstanding his proclamations published against the ordinance of the militia, in which he set down the laws and statutes, which were infringed thereby, and by which the execution of that ordinance would be no less than high treason) 3. "That whosoever should serve him, or assist the votes and declaration of both houses, "that"him in such wars, are traitors by the funda"those proclamations were illegal, and that those "mental laws of the kingdom; and have been so "acts of parliament could not control the acts and "adjudged by two acts of parliament, 2 Rich. II. "orders of both houses, (which the subjects were, " and I Hen. IV. and ought to suffer as traitors." by the fundamental laws of the kingdom, to These lusty votes they sent to the king to York, obey,)" prevailed so far, that obedience was together with a short petition, in which they told given to them; that he was so far from being like him, to have Hull restored to him, that the garrison there daily increased, and forced the country to submit to such commands they pleased to lay on them; and that sir John Hotham was more likely to be able to take York, than his majesty to recover Hull; he thought it, therefore, high time, by their example, to put himself into a posture of defence; the danger being much more imminent to his majesty, than to those who had begot that ordinance. Hereupon, at a public meeting of the country, his majesty declared, "that he was resolved, in regard of the public distempers, and "the neighbourhood of Hull, to have a guard for "his person; but of such persons, and with such "circumstances, as should administer no occasion "of jealousy to the most suspicious; and wished "the gentlemen of quality, who attended, to con"sider, and advise of the way :" who shortly after" (notwithstanding the opposition given by the committee, which still resided there; and the factious party of the county, which was inflamed, and governed by them) expressed a great alacrity to comply with his majesty's desire, in whatsoever should be proposed to them; and a sense, "that they thought a sufficient guard was very necessary "for the security of his majesty's person." Hereupon, the king appointed such gentlemen as were willing to list themselves into a troop of horse, and made the prince of Wales their captain; and made choice of one regiment of the trained bands, consisting of about six hundred, whom he caused, every Saturday, to be paid at his own charge; when he had little more in his coffers than would defray the weekly expense of his table: and this troop, with this regiment, was the guard of his person; it being first declared by his majesty, "that no person should be suffered, either in the troop, or the regiment, who did not, before his "admission into the service, take the oaths of allegiance and supremacy;" that so he might be free from the scandal of entertaining papists for his security. 66 66 But this caution would not serve; the fears and jealousies were capable of no other remedies, than such as were prescribed by those physicians, who 66 66 "Therefore they did humbly beseech his majesty " to disband all such forces, as, by his command, were assembled, and relying for his security (as "his predecessors had done) upon the laws, and "affections of his people, he would be pleased to "desist from any further designs of that nature, contenting himself with his usual and ordinary guards; otherwise, they should hold themselves "bound in duty towards God, and the trust re"posed in them by the people, and the funda"mental laws and constitutions of the kingdom, to employ their care and utmost power to secure the parliament, and to preserve the peace and quiet "of the kingdom." |