66 66 66 they should once have made themselves able; all his good subjects would think it necessary for his 'majesty to look to himself. And he did there"fore excite all his well affected people, according "to their oaths of allegiance and supremacy, and according to their solemn vow and protestation, (whereby they were obliged to defend his person, "honour, and estate,) to contribute their best "assistance to the preparations necessary for the opposing and suppressing of the traitorous attempts of such wicked and malignant persons; who would destroy his person, honour, and estate, and engage the whole kingdom in a civil war, to satisfy their own lawless fury and ambi"tion; and so rob his good subjects of the blessed "fruit of this present parliament; which they already in some degree had, and might still reap, to the abundant satisfaction and joy of the "whole kingdom, if such wicked hands were not "ready to ruin all their possessions, and frustrate "all their hopes. And, in that case, his majesty declared, that whosoever, of what degree or "quality soever, should then, upon so urgent and "visible necessity of his, and such apparent dis"traction of the kingdom, caused and begotten by "the malice and contrivance of that malignant "party, bring in to his majesty, and to his use, ready money, or plate; or should underwrite 66 to furnish any number of horse, horsemen, and "arms, for the preservation of the public peace, " and defence of his person, and the vindication of the privilege and freedom of parliament, he "would receive it as a most acceptable service, and as a testimony of his singular affection to the "protestant religion, the laws, liberties, and peace "of the kingdom; and would no longer desire the "continuance of that affection, than he would be ready to justify and maintain the other with the "hazard of his life." And so concluded with the same overtures they had done, in their propositions for the loan of money at interest; "offering, for security thereof, an assurance of such his lands, forests, parks, "and houses, as should be sufficient for the same; "a more real security, he said, than the name of public faith, given without him, and against "him; as if his majesty were no part of the public and besides, he would always look upon "it as a service most affectionately and seasonably performed for the preservation of his majesty, and the kingdom. But, he said, he should 'be much gladder that their submission to those "his commands, and their desisting from any "such attempt of raising horse or men, might "ease all his good subjects of that charge, trouble, "and vexation.' It will be wondered at hereafter, when, by what hath been said, the number and quality of the peers is considered, who, by absenting themselves from the house, and their resort to his majesty, sufficiently declared, that they liked not those conclusions which begat those distractions; why both those peers, and likewise such members of the commons, who then, and afterwards, appeared in the king's service, and were indeed full, or very near one moiety of that house, did not rather, by their diligent and faithful attendance in the houses, according to their several trusts reposed in them, discountenance and resist those pernicious and fatal transactions, than, by withdrawing themselves from their proper stations, leave the other (whose | ruinous intentions were sufficiently discovered) possessed of the reputation, authority, and power of a parliament; by which, it was evident, the people would be easily, to a great degree, seduced. And though the observing reader may, upon the collection of the several passages here set down, be able to answer those objections to himself; I am the rather induced, in this place, to apply myself to the clearing that point, because not only many honest men, who, at a distance, have considered it, without being privy to the passages within the walls, and those breaches which totally destroyed and took away the liberty and freedom of those councils, have been really troubled or unsatisfied with that desertion, as they call it, of the service to which they were incumbent, and chosen; but that I have heard some, who were the chief, if not the sole promoters of those violations, and the most violent pursuers of the most violent designs, and have since (out of the ruptures which have proceeded from their own animosities) either been, or been thought to be, more moderately inclined, complain, "that the withdrawing of so many mem"bers from the two houses was the principal cause "of all our calamities." And they who have been the true authors of them, and still continue the same, have taken pains to make and declare the others, " deserters of their country, and betrayers "of their trusts, by their voluntary withdrawing "themselves from that council." In the doing whereof, I shall not, I cannot, make any excuse for those, (of whom somewhat is before spoken,) who, from the beginning of this parliament, and in the whole progress of it, either out of laziness, or negligence, or incogitancy, or weariness, forbore to give their attendance there, when the number of those who really intended these prodigious alterations was very inconsiderable; and daily drew many to their opinions, upon no other ground than that the number of the dissenters appeared not equally diligent, and intent upon their assertions: neither can I excuse the peers, the moderate part whereof being four for one, suffered themselves to be cozened, and persuaded, and threatened out of their rights by a handful of men, whom they might, in the beginning, easily have crushed; whereas in the house of commons the great managers were men of notable parts, much reputation, admirable dexterity; pretenders to severe justice and regularity; and then the number of the weak, and the wilful, who naturally were to be guided by them, always made up a major part; so that, from the beginning, they were always able to carry whatsoever they set their hearts visibly upon; at least, to discredit or disgrace any particular man, against whom they thought necessary to proceed, albeit of the most unblemished reputation, and upon the most frivolous suggestions; so that they could not [but] be very formidable, in that house, to all but the most abstracted men from all vulgar considerations. But, I am confident, whosoever diligently revolves the several passages in both houses, from the time of the publishing the first remonstrance, upon his majesty's return from Scotland, to the time of which we last spake, must be of opinion, that the resorting of so many members then to his majesty, (from whom all the lords, and some of the commons, received commands to that purpose,) or to such places, where they thought they might be of greatest use to his majesty, in preservation of and irreverent expressions and words were somethe peace of the kingdom, was not only an act of times used against the king, there would be abduty, but of such prudence and discretion, as sober staining from unlawful and dangerous actions; and honest men were to be guided by. In the and that the house of peers, at least, would never house of peers, the bishops, twenty-four in number, be brought to join or concur in any act prejudicial who had as much right to sit there, and were as to the sovereign power. But when they saw a much members of parliament, as any lord there, new way found out by the dexterity of the major were first, by direct violence and force, driven and part in the house of commons, to make the minor kept from thence, till the bill, for the total expul- part of the lords too hard for the major; and so, sion of them and their function from those seats, whilst all men were transported with jealousy of was passed; such of the peers, who were most the breach of privilege of parliament by the king, notorious for adhering to the government of the that there was, by the houses themselves, an absochurch, being, in the mean time, threatened pub-lute rooting up of all privileges: that from metalicly by the rabble; and some of their persons physical considerations, what might be done in case assaulted. The business of the militia had been of necessity, the militia of the kingdom was actutwice, upon solemn debate in a full house, rejected ally seized on; and put under a command conthere; till such force and violence was brought to trary to, and against, the king's command: that the very doors, such expostulations and threats de- there was then a resolution taken, by those who livered within the doors against those who refused could act their resolutions when they pleased, to to concur with them in that business, that no man make a general, and to oblige all the members to had reason to believe his life out of danger from live and die with that general; which will be anon those rude hands, who was taken notice of for an more particularly mentioned; (for that resolution opposer of their unreasonable desires; some of was well known before the time, that those many them having been declared enemies to their coun- members removed to York, and withdrew to other try, for having refused what was in their power places; and was executed within three or four lawfully to refuse; and others having been crimi- days after;) men thought it high time to look to nally accused by the commons, for words spoken their innocence, and (since, by the course and by them in debate in the house of peers; after order of that house, they could leave no monument which many of them were sent for, by special let- or evidence of their dissenting, as the lords might ters, to attend his majesty, (which letters were have, by their protestations upon any unlawful act, always thought to be so good, and warrantable or resolution) to declare their dislike of what was a ground to be absent, that no other was sufficient; done, by not being present at the doing: and it nor had such summons, from the beginning of par- was reasonably thought, there being no other way liaments to this present, ever been neglected,) with peaceably and securely to do it, that the kingdom, whom they had not been many weeks, but two of understanding the number of those that were them, as hath been mentioned before, upon an un- present at such new transactions, and weighing true and extravagant information, without further the quality, number, and reputation of those who examination, were declared enemies to the king-were absent, would be best induced to prefer the dom and nine others by solemn judgment, upon an impeachment brought up by the commons against them, only for being absent, and for what only concerned the privilege and jurisdiction of the peers, were disabled to sit in the house again during this session; so that, if they would have returned, they were actually excluded that council. In the house of commons, the case was worse: first, they who had, with that liberty which is essential to parliaments, and according to their understandings, dissented, or declared a dislike of what the violent party so vehemently pursued, were, as It is true, how reasonably soever it might be exhath been said before, declared enemies to their pected, it produced not that ingenuity: but they country; and their names posted up in paper, or who had been troubled with their company, and, parchment, at most eminent places, under some by the opposition they made, could not make that opprobrious character; which, though it was not expedition in the mischief they intended, were glad avowed, and had no authority from the house by they were rid of them; yet, shortly, considering any public act, yet, being complained of, found what influence indeed it might have upon underneither redress, or such countenance, that it could standing men, they found a way to cast a reproach be concluded the violation was unacceptable: so, upon those who were absent, and yet to prevent though the tumults were not directly summoned any inconvenience to themselves by their return; or assembled, it is evident, by what hath been publishing an order, "that all the members absent before set forth truly and at large, that they found" should appear at such a day, under the penalty there visible countenance and encouragement. "of paying 1ool. fine for his absence; and whoThen, what had been, upon full and solemn de- soever did not appear at that day" (which gave bates in a full house, rejected, was many times, in not time enough to any who were at a distance) a thin house, and at unusual and unparliamentary "should not presume to sit in the house, before hours, resumed, and determined contrary to the "he had paid his fine, or satisfied the house with former conclusions: yet men satisfied themselves "the cause of his absence;" so that all those who with doing what they thought their duty, and rea- were with the king, and very many more, who had sonably opposing what the major part ordered to really withdrawn themselves to refresh their minds, be done; hoping that men's understandings would or upon necessary affairs of their own, with a purbe shortly better informed; and that, though high pose to return, clearly discerned themselves ex old laws of the kingdom, before the new votes (destructive to those laws) of those few men, who called themselves the two houses of parliament; and that it would prove a good expedient to work upon the consciences and modesty of those who staid behind, to conclude it necessary, by some fair address to his majesty, to endeavour such a general good understanding, that a perfect union might be made; and the privilege, dignity, and security of parliament be established according to the true and just constitution of it. cluded from sitting any more there; it being suf- | ficiently manifest, that the cause of their absence would never be approved, if their persons were disliked, and their opinions disapproved: which appeared quickly; for the day was no sooner past, but they, without the least warrant of precedent, or colour of right, expelled very many, sometimes twenty in a day, not only of those who were with the king, but of others who had given them equal distaste; and ordered new writs to issue out to choose other members in their rooms. 66 It cannot be denied but some very honest and entire men staid still there, and opposed all their unjustifiable proceedings with great courage, and much liberty of speech; which was more frankly permitted to them than had been before, when the number of the dissenters was greater; and it 66 may be there are still some who satisfy themselves that they have performed their duty, by always having denied to give their consent to whatsoever hath been seditiously or illegally concluded. But I must appeal to the consciences of those very men, whether they have not been many times, by staying there, compelled or terrified to do, and submit to, many acts contrary to their conscience, in cases of conscience; and contrary to their judgment and knowledge, in matters of law and right; and contrary to their oaths and duties, in matters of allegiance; and whether, if they had refused so to do, they should not have been plundered, expelled, and committed to prison? And then they cannot be thought to have proceeded unreasonably, who, to preserve their innocence, and their liberty, chose to undergo all the other censures and difficulties which could befall them, and which have been since plentifully poured upon them. But to authority of law; the statute upon which it was grounded being, as he said, repealed; and discoursed very much of the ill consequences which might result from submitting to it: he answered the arguments which had been used to support it; and easily prevailed with the house not to like a proceeding, which they knew was intended to do them hurt, and to lessen their authority. But his authority and reputation prevailed much further than the house, and begot a prejudice against it in many well affected men. When the king was informed of it, he was much troubled, having looked upon Mr. Selden as well disposed to his service. And the lord Falkland, with his majesty's leave, writ a friendly letter to Mr. Selden, "to know his. reason, why, in such a conjuncture, whatever his opinion [were], he would oppose the submission "to the commission of array, which nobody could I deny to have had its original from law, and "that many learned men still believed to be very legal, that the ordinance which had no manner "of pretence to right might be the better estab"lished." He answered this letter very frankly; as a man who believed himself in the right upon the commission of array, and that the arguments he had used against it could not be answered; summing up some of those arguments in as few words as they could be comprehended [in]: but then he did as frankly inveigh against the ordinance for the militia, "which, he said, was without any shadow of law, or pretence of precedent, " and most destructive to the government of the kingdom: and he did acknowledge, that he had "been the more inclined to make that discourse "in the house against the commission, that he might with the more freedom argue against the "ordinance; which was to be considered upon The king had, at this time, called to him some a day then appointed: and he was most confijudges, and lawyers of eminency; by whose advice "dent, that he should likewise overthrow the he published a declaration concerning the militia, "ordinance: which, he confessed, could be less and asserted "the right of the crown in granting 66 supported; and he did believe, that it would be commissions of array, for the better ordering" much better, if both were rejected, than if either and governing thereof;" and, at the same time," of them should stand, and remain uncontrolled." issued out those commissions to all counties, "ex'pressly forbidding any obedience to be given to the ordinance for the militia by both houses, under the penalty of high treason." This only improved the paper combat in declarations; either party insisting, "that the law was on their side;" and the people giving obedience to either, according to their conveniences: and many did believe, that if the king had resorted to the old known way of lord lieutenants, and deputy lieutenants, his service would have been better carried on; the commission of array being a thing they had not before heard of, though founded upon an ancient act of parliament in the reign of Hen. IV. and so was received with jealousy, and easily discredited by the glosses and suggestions of the return. 66 66 houses. Besides that some men of very good affections to the crown, and averse enough to the extravagant pretences and proceedings of the parliament, did not conceal their prejudice to the commission of array, as not warranted by law; which did very much work upon other men, and made the obedience less cheerful that was given to that service. Mr. Selden had, in the debate upon that subject in the house of commons, declared himself very positively, and with much sharpness, against the commission of array, as a thing expressly without any 66 66 But his confidence deceived him; and he quickly found, that they who suffered themselves to be entirely governed by his reason, when those conclusions resulted from it, which contributed to their own designs, would not be at all guided by it, or submit to it, when it persuaded that which contradicted and would disappoint those designs: and so, upon the day appointed for the debate of their ordinance, when he applied all his faculties to the convincing them of the illegality and monstrousness of it, by arguments at least as clear and demonstrable as his former had been, they made no impression upon them; but were easily answered by those who with most passion insisted upon their own sense. He had satisfied them very well, when he concurred with them in judgment; but his reasons were weak, when they crossed their resolutions. So most men are deceived in being too reasonable; and when they conclude that men will submit to what is right, who have no other consideration of right or justice, but as it advances their interest, or complies with their humour and passion. And so easy it hath always been to do harm, and to mislead men, and so hard to do good, and reduce them to reason. These paper-skirmishes left neither side better inclined to the other; but, by sharpening each 66 66 66 66 66 66 66 other, drew the matter nearer to an issue. The was bound by his oath (and all his subjects king had written a letter to the mayor and alder- were bound by theirs of allegiance and supremen of London, and to the masters and wardens macy, and their own protestation lately taken, of each several company; by which," he assured "to assist his majesty) to oppose that ordinance, "them of his desire of the peace of the kingdom; “which was put already in execution against him, "and therefore required them, as they tendered" not only by training and arming his subjects, "their charter of the city, and their own particular "but by forcibly removing the magazine, from "welfares, not to bring in horses, money, or plate," the places trusted by the counties, to their own upon the propositions of the houses; whereby, "houses, and guarding it there with armed men. "under pretence of raising a guard for the parlia-"Whither it would be next removed, and how ment, forces would be levied, and, in truth, em- "used by such persons, he knew not. ployed against his majesty:" of which the houses taking notice, published a declaration to the city, "That they could not be secured by his majesty's protestations, that his desires and purposes were "for the public peace; since it appeared, by divers" "expressions and proceedings of his majesty, that " he intended to use force against those who sub"mitted to the ordinance of the militia; and that "he had likewise some intention of making an attempt upon Hull. In both which cases they" "did declare, that whatsoever violence should be 66 "used, either against those who exercise the militia, or against Hull, they could not but be"lieve it as done against the parliament. They "told them, that the dangerous and mischievous "intentions of some about his majesty were such, "that whatsoever was most precious to men of "conscience and honour, as religion, liberty, and public safety, were like to be overwhelmed and "lost in the general confusion and calamity of the kingdom; which would not only question, but "overthrow the charter of the city of London; ex 66 66 66 66 66 "That the keeping his majesty out of Hull by "sir John Hotham, was an act of high treason against his majesty; and the taking away his magazine and munition from him, was an act of violence upon his majesty, by what hands or by "whose direction soever it was done: and, in both "cases, by the help of God, and the law, his ma" jesty said, he would have justice, or lose his life in the requiring it; the which he did not value at that rate, as to preserve it with the infamy of suffering himself to be robbed, and spoiled of "that dignity he was born to. And if it were possible for his good subjects to believe, that "such a defence of himself, with the utmost power "and strength he could raise, was making a war " against his parliament, he did not doubt, how"ever it should please God to dispose of him in "that contention, but the justice of his cause would, "at the last, prevail against those few malignant spirits, who, for their own ends, and ambitious designs, had so misled and corrupted the understandings of his people. And since neither his own declaration, nor the testimony of so many of his lords, then with his majesty, could procure "credit with those men, but that they proceeded "to levy horse, and to raise money and arms "against his majesty, he said, he was not to be blamed, if after so many gracious expostulations "with them, upon undeniable principles of law and reason, (which they answered only by voting that "which his majesty said, to be neither law, nor reason; and so proceeded actually to levy war upon his majesty, to justify that which could not "be otherwise defended,) at last he made such provision, that as he had been driven from London, and kept from Hull, he might not be surprised at York; but in a condition to resist, and bring to justice those men, who would persuade "his people that their religion was in danger, "because his majesty would not consent it should "be in their power to alter it by their votes; or "their liberty in danger, because he would allow 66 66 66 pose the citizens, their wives and children, to "violence and villainy; and leave the wealth of" "that famous city as a prey to those desperate "and necessitous persons: and therefore they for"bade all the officers to publish that paper, as they "would answer their contempt to the parliament; by the power and authority of which, they assured them, they should be protected, and se"cured in their persons, liberties, and estates, for "whatsoever they should do by their advice or persuasion." To this the king replied, "That he wondered, "since they had usurped the supreme power to themselves, that they had not taken upon them the supreme style too; and directed their very new declaration to their trusty and well-beloved, "their subjects of the city of London: for it was "too great and palpable a scorn, to persuade them "to take up arms against his person, under colour " of being loving subjects to his office; and to destroy his person, that they might preserve the no judge of that liberty, but the known law of king: that he was beholding to them, that they "the land: yet, he said, whatever provision he "had explained to all his good subjects the mean- "should be compelled to make for his security, ing of their charge against his majesty, that by "he would be ready to lay down, as soon as they "his intention of making war against his parlia- "should revoke the orders by which they had made ment, no more was pretended to be meant, but levies, and submitted those persons, who had de"his resolution not to submit to the high injustice tained his towns, carried away his arms, and put "and indignity of the ordinance for the militia, "the militia in execution, contrary to his procla"and the business of Hull. He said, he had "mation, to that trial of their innocence, which 66 never concealed his intentions in either of those "the law had directed, and to which they were particulars, (he wished they would deal as clearly "born if that were not submitted to, he should, "with him,) but had always, and did now declare, "with a good conscience, proceed against those "that that pretended ordinance was against the "law of the land; against the liberty and property of the subject; destructive to sovereignty; "and therefore not consistent with the very con"stitution and essence of the kingdom, and to "the right and privilege of parliament: that he and required his city of London to obey his for mer commands, and not to be misled by the ora"tions of those men, who were made desperate by "their fortunes, or their fortunes by them; who "told them their religion, liberty, and property, was to be preserved no other way, but by their disloyalty to his majesty: that they were now at the brink of the river, and might draw their swords, (which was an expression used at a great convention of the city,) when nothing pursued them but their own evil consciences. "He wished them to consider, whether their "estates came to them, and were settled upon "them, by orders of both houses, or by that law "which his majesty defended: what security they "could have to enjoy their own, when they had helped to rob his majesty; and what an happy "conclusion that war was like to have, which was "raised to oppress their sovereign: that the wealth "and glory of their city was not like to be destroyed any other way, but by rebelling against "his majesty; and that way inevitably it must; "nor their wives and children to be exposed to "violence and villainy, but by those who make "their appetite and will the measure and guide "to all their actions. He advised them not to fancy to themselves melancholy apprehensions, "which were capable of no satisfaction; but seriously to consider what security they could have, "that they had not under his majesty, or [had] "been offered by him: and whether the doctrine "those men taught, and would have them defend, "did not destroy the foundations upon which "their security was built?" This great conflux, of men of all conditions, and qualities, and humours, could not continue long together at York, without some impatience and commotion; and most men wondered, that there appeared no provisions to be made towards a war, which they saw would be inevitable: and when the levies of soldiers under the earl of Essex were hastened with so much vigour, that the king should have no other preparation towards an army, than a single troop of guards made up of gentlemen volunteers; who, all men foresaw, would quit the troop when there should be an army: and many do yet believe, that the king too long deferred his recourse to arms; and that, if he had raised forces upon his first repulse at Hull, his service would have been very much advanced ; and that the parliament would not have been able to have drawn an army together. And so they reproach the councils which were then about the king, as they were censured by many at that time: but neither they then, nor these now do understand the true reason thereof. The king had not, at that time, one barrel of powder, nor one musket, nor any other provision necessary for an army; and, which was worse, was not sure of any port, to which they might be securely assigned; nor had he money for the support of his own table for the term of one month. He expected, with impatience, the arrival of all those by the care and activity of the queen; who was then in Holland, and by the sale of her own, as well as of the crown jewels, and by the friendship of Henry prince of Orange, did all she could to provide all that was necessary; and the king had newly directed her to send all to Newcastle, which was but then secured to him by the diligence of that earl; [the earl of that name.] In the mean time, both the king himself, and they who best knew the state of his affairs, seemed to be without any thoughts of making war; and to hope, that the parliament would at last incline to some accommodation; for which both his majesty and those persons were exposed to a thousand reproaches. The queen had many difficulties to contend with; for though the prince of Orange had a very signal affection for the king's service, and did all he could to dispose the states to concern themselves in his majesty's quarrel; yet his authority and interest was much diminished with the vigour of his body and mind: and the states of Holland were so far from being inclined to the king, that they did him all the mischief they could. They had before assisted the rebellion in Scotland, with giving them credit for arms and ammunition, before they had money to buy any; and they did afterwards, several ways, discover their affections to the parliament; which had so many spies there, that the queen could do nothing they had not present notice of; so that it was no easy matter for the queen to provide arms and ammunition, but the parliament had present notice of it, and of the ways which were thought upon to transport them to the king: and then their fleet, under the command of the earl of Warwick, lay ready to obstruct and intercept that communication; nor was any remedy in view to remove this mischief; insomuch as it was no easy thing for the king to send to, or to receive letters from, the queen. There was a small ship of 28 or 30 guns, that was part of the fleet that wafted her majesty into Holland from Dover, which was called the Providence, under the command of captain Straughan, when the fleet was commanded by sir John Pennington, and before the earl of Warwick was superinduced into that charge against the king's will. That ship, the captain whereof was known to be faithful to his majesty, was by the queen detained, and kept in Holland from the time of her majesty's arrival, under several pretences, of which the captain made use, when he afterwards received orders from the earl of Warwick, " to repair to the fleet "in the Downs;" until, after many promises and excuses, it was at last discerned that he had other business and commands; and so was watched by the other ships as an enemy. This vessel the queen resolved to send to the king, principally to inform his majesty of the straits she was in; of the provisions she had made; and to return with such particular advice and directions from his majesty, that she might take further resolutions. And because the vessel was light, and drew not much water, and so could run into any creek, or open road, or harbour, and from thence easily send an express to the king; there was put into it about two hundred barrels of powder, and two or three thousand arms, with seven or eight field-pieces; which, they knew, would be very welcome to the king, and serve for a beginning and countenance to draw forces together. The captain was no sooner put to sea, but notice was sent to the commander of the fleet in the Downs; who immediately sent three or four ships to the north, which easily got the Providence in view, before it could reach that coast; and chased it with all their sails, till they saw it enter into the river of Humber; when, looking upon it as their own, they made less haste to follow it, being content to drive it before them into their own port of Hull; there being, as they |