The History of the Rebellion and Civil Wars in England

it to the house from the gallery, with the two verses in Ovid, the application whereof was his greatest motive;

commons; and disquieted them much more, than the other had exalted them. How currently soever it had passed in the lower house; when it was brought to the upper, the lords gave it not so gracious a reception as was expected: many of the Cuncta prius tentanda, sed immedicabile vulnus Ense recidendum est, ne pars sincera trahatur. greatest men of that house grew weary of the empire which the others had exercised over them; He took notice "of the great moderation and and some, who had gone with them, upon their ob- "candour of the house, in applying so gentle a servation that they had worse designs than they remedy, by the late bill, to retrench the exowned, fell from them, and took the opportunity "orbitances of the clergy: hoping that the prunto discover themselves, upon the debate of this bill;" ing and taking off a few unnecessary branches against which they inveighed with great sharpness; "from the trunk, the tree might prosper the and blamed the house of commons, "for presum- "better; that this mortification might have mending to meddle with an affair, that so immediately "ed their constitution, and that they would the "concerned them: that if they might send up a more carefully have intended their health: but "bill this day, at once to take out one whole bench "that this soft remedy had proved so ineffectual, "from the house, as this would do the bishops, "that they were grown more obstinate and incorthey might to-morrow send another, to take" rigible; so that it was now necessary to put the away the barons, or some other degree of the axe to the root of the tree;" and thereupon denobility:" with many more arguments, as the sired, "that the bill might be read." nature of the thing would easily administer; with As soon as the title of it was read, (which was such warmth and vigour as they had not before almost as long as the bill itself,) Mr. Hyde moved expressed insomuch as, though the other party, with great warmth, "that the bill might not be which had not hitherto been withstood, set up their "read: that it was against the custom and rule of rest upon the carrying it; supplying their other parliament, that any private person should take arguments with that, "How much the house of upon him (without having first obtained the commons, which best knew the temper and ex- "leave and direction of the house) to bring in a pectation of the nation, would resent their not new act, so much as to abrogate and abolish any concurring with them in a remedy they judged "old single law; and therefore, that it was a wonso necessary; and what the consequence might "derful presumption in that gentleman, without be, of such a breach between the two houses, " any communication of his purpose, or so much they trembled to think; since the kingdom had as a motion that he might do it, to bring in a no hope of being preserved but by their union," bill, that overthrew and repealed so many acts "and the effects of their wisdom, in removing all " of parliament, and changed and confounded the things, and all persons, out of the way, which "whole frame of the government of the kingwere like to obstruct such a thorough reforma- "dom" and therefore desired, "that it might tion, as the kingdom needs and expects;" all "be rejected." The gentleman who brought it in which prevailed so little, that the house could not made many excuses "of his ignorance in the cusbe prevailed with, so much as to commit the bill," toms of parliament, having never before served (a countenance they frequently give to bills they" in any ;" and acknowledged, "that he had never never intend to pass,) but at the second reading "read more than the title of the bill; and was it, they utterly cast it out.

This unexpected and unimagined act cast such a damp upon the spirits of the governing party in both houses, that they knew not what to do: the mischiefs which were in view, by this discovery of the temper of the house of peers, had no bottom; they were not now sure, that they should be able to carry any thing; for the major part, which threw out this bill, might cross them in any thing they went about: besides the influence it would have in the house of commons, and every where else; for they very well knew, how many of their followers therefore followed them, because they believed they would carry all before them.

However, that their spirits might not be thought to fail, they made haste to proceed in all the angry and choleric things before them: to the trial of the earl of Strafford; impeaching several bishops for innovations, and the like; the house of commons being very diligent to kindle those fires which might warm the peers: and that the bishops might see how little they had gotten, by obstructing the other bill, they prepared a very short bill, "for the utter eradication of bishops, deans, and chapters; with all chancellors, officials, and all "officers, and other persons belonging to either " of them :" which they prevailed with sir Edward Deering, a man very opposite to all their designs, (but a man of levity and vanity; easily flattered, by being commended,) who presented

prevailed with by his neighbour who sat next to "him (who was sir Arthur Haslerig) to deliver "it;" which he saw would have been done by somebody else. Though the rejecting it was earnestly urged by very many; and ought, by the rules of parliament, to have been done; yet, all the other people as violently pressed the reading it; and none so importunately as Saint-John, who was now the king's solicitor (who in truth had drawn it :) he said, "nobody could judge of a bill 'by the title, which might be false; and this bill, "for aught any man knew to the contrary, at least, "for aught he and many others knew, might con"tain the establishing the bishops, and granting "other immunities to the church; instead of pur

suing the matter of the title :" and others, as uningeniously declaring, "that our orders are "in our own power, and to be altered, or dis

pensed with, as we see cause:" many out of curiosity desiring to hear it read; and more to shew the lords that they would not abate their mettle; upon their declaring their pleasure, the bill was at last read; and no question being to be put, upon the first reading, it was laid by, and not called upon in a long time after; many men being really persuaded, that there was no intention to pursue it; and that it was only brought in, to manifest a neglect towards the lords.

When the house grew entangled in multiplicity of business and despatches now, the northern

gentlemen, at least they who were most active, and had most credit, (as Hotham, and Cholmely, and Stapleton,) were marvellously solicitous to despatch the commitment of [the bill "for taking away] the court of York;" and having after great debate, and hearing what all parties interested could offer, gotten the committee to vote, "That it was an illegal commission, and very prejudicial to the liberty and the property of his majesty's subjects of those four northern counties, "where that jurisdiction was exercised;" they called upon Mr. Hyde (the chairman) to make the report: and the house having concurred in, and confirmed, the same vote; they appointed him "to prepare himself to deliver the opinion of the "house (they having confirmed the vote of the "committee) at a conference with the house of peers, and to desire their concurrence in it; "and that they would thereupon be suitors to the king, that there might be no more commissions "of that kind granted:" for they had a great apprehension, that either upon the earl of Strafford's resignation, or his death, (which they resolved should be very shortly,) they should have a new president put over them.

and concluded with " desiring the lords to concur "in the same sense, the house of commons had expressed themselves to be of, with reference to "the commission and instructions."

The speech, and argument, had a wonderful approbation in both houses; where he got great credit by it: and the earl of Bath, who was to report it, and had no excellent or graceful pronunciation, came himself to Mr. Hyde, and "desired a copy of it, that he might not do him wrong in "the house, by the report;" and having received it, it was read in the house, and by order entered, and the paper itself affixed to their Journal; where it still remains; and the house of peers fully concurred with the commons in their vote: so that there was not, in many years after, any attempt, or so much as mention of another commission.

And the northern men were so well pleased, that they resolved to move the house, "to give Mr. Hyde public thanks for the service he had done the "house;" but the principal leaders diverted them from it, by saying, that he had too much credit already, and needed not such an addition, as he "behaved himself." However, those northern men themselves continued marvellously kind; and on his behalf, on all occasions, opposed any combination of the most powerful of them against him; of which somewhat will be said hereafter.

In the afternoon of the same day (when the conference had been in the painted chamber upon the court of York) Mr. Hyde going to a place called Piccadilly, (which was a fair house for entertainment and gaming, and handsome gravel walks with shade, and where were an upper and lower bowlinggreen, whither very many of the nobility, and gentry of the best quality, resorted, both for exercise and conversation,) as soon as ever he came into the ground, the earl of Bedford came to him; and after some short compliments upon what had passed in the morning, he told him," He was glad he was 66 come thither, for there was a friend of his in the "lower ground, who needed his counsel." He then lamented "the misery the kingdom was like "to fall into, by their own violence, and want of temper, in the prosecution of their own happi

ness. He said, "This business concerning the "earl of Strafford was a rock, upon which we "should all split, and that the passion of the par"liament would destroy the kingdom: that the

Mr. Hyde, at the conference in the painted chamber, (being appointed by the house to manage it,) told the lords, "that the four northern counties were suitors to their lordships, that they might "not be distinguished from the rest of his majesty's subjects, in the administration of his justice, and receiving the fruits thereof; that they only were "left to the arbitrary power of a president and "council, which every day procured new authority " and power to oppress them :" he told them, that till the thirty-first] year of king Harry the Eighth, the administration of justice was the same " in the north, as in the west, or other parts of the "realm; that about that time there was some in"surrection in that country, which produced great "disorders and bloodshed, which spread itself to "the very borders of Scotland: whereupon that king issued out a commission to the archbishop "of York, and the principal gentlemen of those "counties, and some learned lawyers, to examine "the grounds of all those disorders, and to proceed "against the malefactors with all severity, according "to the laws of the land." He read that first commission to them; which appeared to be no other, than a bare commission of oyer and terminer. king was ready to do all they could desire, if "It was found that this commission did much good, "the life of the earl of Strafford might be spared: " and therefore it was kept on foot for some time “that he was satisfied, that he had proceeded with longer than such commissions use to be; and it "more passion in many things, than he ought to was often renewed after, but still in the same "have done, by which he had rendered himself "form, or very little alteration, till queen Eliza- "useless to his service for the future; and there"beth's time; and then there was some alteration "fore he was well contented, that he might be "in the commission itself; besides that, it had "made incapable of any employment for the time "reference to instructions, which contained matters "to come; and that he should be banished, or "of state upon some emergent occasions: there 'imprisoned for his life, as they should choose: were more and greater alterations, both in the "that if they would take his death upon them, by "commission and instructions, in the time of king "their own judicatory, he would not interpose any "James, when the lord Scroop was president; and "act of his own conscience: but since they had "that, when the lord Strafford was first made pre- "declined that way, and meant to proceed by an sident, they were more enlarged; and yet he had "act of parliament, to which he himself must be procured new additions to be made twice after." a party, that it could not consist with his conThe instructions of the several times were read; science, ever to give his royal assent to that act and the alterations observed; and some precedents "because, having been present at the whole trial,' very pertinently and smartly urged; in which it (as he had been, in a box provided on purpose, appeared, that great men had been very severely incognito, though conspicuous enough,) "and heard sentenced, in no less penalty than of a premunire," all the testimony they had given against him, and for procuring and executing such commissions: "he had heard nothing proved, by which he could

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"that argument, and therefore desired him to "continue the discourse no longer then; assuring him, he would be ready to confer with him upon "it at any other time."

"believe that he was a traitor, either in fact or in "intention: and therefore his majesty did most "earnestly desire, that the two houses would not 'bring him a bill to pass, which in conscience he "could not, and therefore would not consent.' And shortly after, Mr. Hyde took another opporThe earl said; "Though he yet was satisfied so tunity to speak freely with him again concerning it, "well in his own conscience, that he believed he but found him upon his guard; and though he "should have no scruple in giving his own vote heard all the other would say, with great patience, "for the passing it," (for it yet depended in the yet he did not at all enlarge in his answers, but lords' house,)" he knew not how the king could seemed fixed in his resolution; and when he was "be pressed to do an act so contrary to his own pressed, "how unjustifiable a thing it was, for any "conscience; and that, for his part, he took all man to do any thing which his conscience in"the pains he could to persuade his friends to de- " formed him was sinful; that he knew him so "cline their violent prosecution, and to be con- "well, that if he were not satisfied in his own con"tented with the remedy proposed by the king; "science, of the guilt of the earl of Strafford, the "which he thought might be rendered so secure, king could never be able to oblige him to give "that there need remain no fears of that man's "his vote for that bill; and therefore he wondered, "ever appearing again in business: and that how "how he could urge the king to do an act which "difficult a work soever he found it to be, he "he declared to be so much against his conscience, "should not despair of it, if he could persuade the" that he neither could, nor would, ever give his "earl of Essex to comply; but that he found him royal assent to that bill; to which he answered so obstinate, that he could not in the least degree more at large, and with some commotion, (as if he "prevail with him; that he had left his brother, were in truth possessed with that opinion himself,) "the earl of Hertford, (who was that day made a "That the king was obliged in conscience to conmarquis,) in the lower ground, walking with him," form himself, and his own understanding, to the "who he knew would do all he could; and he de- "advice and conscience of his parliament:" which "sired Mr. Hyde to walk down into that place, was a doctrine newly resolved by their divines, and " and take his turn, to persuade him to what was of great use to them for the pursuing their future "reasonable;" which he was very willing to do. counsels.

He found the marquis and the earl walking there together, and no other persons there; and as soon as they saw him, they both came to him; and the marquis, after a short salutation, departed, and left the other two together; which he did purposely. The earl began merrily, in telling him, "That he "had that morning performed a service, which he "knew he did not intend to do; that by what he 'had said against the court of York, he had revived their indignation against the earl of Strafford; so "that he now hoped, they should proceed in their "bill against him with vigour, (whereas they had slept so long upon it,) which he said was the "effect, of which he was sure he had no mind to "be the cause." Mr. Hyde confessed, "he had "indeed no such purpose; and hoped, that some"what he had said might put other thoughts into "them, to proceed in another manner upon his "crimes: that he knew well, that the cause of "their having slept so long upon the bill, was their "disagreement upon the point of treason, which "the longer they thought of, would administer the "more difficulties: but that, if they declined that, "they should all agree, that there were crimes and "misdemeanours evidently enough proved, to deserve so severe a censure, as would determine all "the activity hereafter of the earl of Strafford, that might prove dangerous to the kingdom; or mis"chievous to any particular person, to whom he I was not a friend."

He shook his head, and answered, "Stone-dead hath no fellow: that if he were judged guilty in "a premunire, according to the precedents cited "by him; or fined in any other way; and sentenced to be imprisoned during his life; the king "would presently grant him his pardon and his estate, release all fines, and would likewise give "him his liberty, as soon as he had a mind to "receive his service; which would be as soon as "the parliament should be ended." And when he was ready to reply to him, the earl told him famiTarly, "that he had been tired that afternoon upon

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Notwithstanding all this, the bill had not that warm reception in the house of peers, that was expected; but, after the first reading, rested many days; and being then read the second time, depended long at the committee; few men believing, upon consideration of the affections and parts of the several lords, that of the fourscore, who were present at the trial, above twenty would ever have consented to that act: besides, it was not believed, now the formal trial and way of judicature was waved, the bishops would so stupidly (to say no worse) exclude themselves from voting in a law which was to be an act of parliament.

But there happened about that time two accidents, which (though not then, or it may be since, taken notice of, as of any moment or relation to that business) contributed strangely to the passing that bill; and so to the fate of that great person. The first, a discovery of some meetings and discourses, between some persons of near relation to his majesty's service, and some officers of the army, about the high proceedings of the parliament; and of some expedients, that might reduce them to a better temper; which were no sooner intimated to some of the great managers, than the whole was formed and shaped into " a formidable and bloody

design against the parliament." The second, the sudden death of the earl of Bedford. Of both which it will be necessary to say somewhat; that it may be observed, from how little accidents, and small circumstances, by the art and industry of those men, the greatest matters have flowed, towards the confusion we now labour under.

Some principal officers of the army, who were members of the house of commons, and had been caressed, both before and after the beginning of the parliament, by the most popular agents of both houses; and had in truth contributed more to their designs, than was agreeable to their duty, and the trust reposed in them by the king; found themselves now not so particularly considered as they expected, by that party; and their credit in other 0.

places, and particularly in the army, to be lessened: for that there was visibly much more care taken for the supply of the Scottish army, than of the king's; insomuch, that sometimes money that was assigned and paid for the use of the king's army, was again taken away, and disposed to the other; and yet, that the parliament much presumed, and depended, upon their interest in, and power to dispose, the affections of that army.

Therefore, to redeem what had been done amiss, and to ingratiate themselves to his majesty's favour, they bethought themselves how to dispose, or at least to pretend that they would dispose, the army to some such expressions of duty and loyalty towards the king, as might take away all hope from other men, that it might be applied to his disservice and to that purpose, they had conference, and communication, with some servants of a more immediate trust and relation to both their majesties; through whom they might convey their intentions and devotions to the king, and again receive his royal pleasure, and direction, how they should demean themselves. For aught I could ever observe, by what was afterwards reported in the house of commons; or could learn from those who were conversant with all the secrets of that design; there was never the least intention of working farther upon the affections of the army, than to preserve them from being corrupted, or made use of, for the imposing unjust or unreasonable things upon the king and all that ever the king so much as consented should be done by them, was, that as most counties in England, or rather, the factious and seditious persons in most counties, had been induced to frame and subscribe petitions to the parliament, against the established government of the church, with other clauses, scandalous to the government of the state too; [so] the officers of the army should subscribe this following petition; which was brought ingrossed to his majesty for his approbation, before they would presume to recommend it to any for their subscription.

To the king's most excellent majesty; the lords spiritual and temporal; the knights, citizens, and burgesses, now assembled in the high court of parliament.

"The humble petition of the officers and sol"diers of the army,

Humbly sheweth, That although our wants "have been very pressing, and the burden we are "become unto these parts (by reason of those wants) very grievous unto us: yet so have we "demeaned ourselves, that your majesty's great "and weighty affairs, in this present parliament, "have hitherto received no interruption, by any I complaint, either from us, or against us; a temper "not usual in armies; especially in one destitute "not only of pay, but also of martial discipline, "and many of its principal officers; that we can"not but attribute it to a particular blessing of Almighty God, on our most hearty affections " and zeal to the common good, in the happy success of this parliament; to which, as we should "have been ready hourly to contribute our dearest "blood, so now that it hath pleased God to mani"fest his blessing so evidently therein, we cannot "but acknowledge it with thankfulness; as like"wise his great mercy, in that he hath inclined your majesty's royal heart so to cooperate with "the wisdom of the parliament, as to effect so

great and happy a reformation upon the former distempers of this church and commonwealth: as first, in your majesty's gracious condescending to the many important demands of our neigh"bours of the Scottish nation; secondly, in granting so free a course of justice against all delinquents of what quality soever; thirdly, in the "removal of all those grievances, wherewith the subjects did conceive either their liberty of per"sons, property, or estate, or freedom of con"science, prejudiced; and lastly, in the greatest pledge of security that ever the subjects of Eng"land received from their sovereign, the bill of "triennial parliament.

"These things so graciously accorded unto by your majesty, without bargain or compensation, as they are more than expectation or hope could "extend unto, so now certainly they are such, as "all loyal hearts ought to acquiesce in with thank"fulness; which we do with all humility, and do "at this time, with as much earnestness as any, pray, and wish, that the kingdom may be settled in peace and quietness, and that all men may, at "their own homes, enjoy the blessed fruits of your "wisdom and justice.

"But it may please your excellent majesty, and "this high court of parliament, to give us leave, "with grief and anguish of heart, to represent unto you, that we hear that there are certain persons stirring and pragmatical, who, instead of rendering glory to God, thanks to your majesty, and " acknowledgment to the parliament, remain yet as unsatisfied and mutinous as ever; who, whilst "all the rest of the kingdom are arrived even beyond their wishes, are daily forging new and "unseasonable demands; who, whilst all men of reason, loyalty, and moderation, are thinking how they may provide for your majesty's honour and "plenty, in return of so many graces to the subject, are still attempting new diminutions of your majesty's just regalities, which must ever be no "less dear to all honest men than our own free"doms; in fine, men of such turbulent spirits, as are ready to sacrifice the honour and welfare "of the whole kingdom to their private fancies, "whom nothing else than a subversion of the whole "frame of government will satisfy: far be it from

our thoughts to believe, that the violence and "unreasonableness of such kind of persons can "have any influence upon the prudence and just"ice of the parliament. But that which begets "the trouble and disquiet of our loyal hearts, "at this present, is, that we hear those ill-affected "

persons are backed in their violence by the mul"titude and the power of raising tumults; that "thousands flock at their call, and beset the par"liament, and Whitehall itself; not only to the prejudice of that freedom which is necessary to great councils and judicatories, but possibly to some personal danger of your sacred majesty, and the peers.

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of which, in all humility we offer ourselves to "wait upon you, (if you please,) hoping we shall appear as considerable in the way of defence, to our gracious sovereign, the parliament, our religion, and the established laws of the kingdom, as what number soever shall audaciously presume to "violate them: so shall we, by the wisdom of your majesty and the parliament, not only be vindi"cated from precedent innovations, but be secured "from the future, that are threatened, and likely "to produce more dangerous effects than the "former.

His majesty having read this petition, and conceiving that the authority of the army might seem of as great importance for the good reception of so much reason and justice, as the subscription of a rabble had been alleged often to be, for the countenance of what in truth was mutinous and seditious, said, "that he approved well enough of it, and was " content that it might be subscribed by the officers of the army, if they desired it." The officer, who presented the draught to his majesty, told him, "that very few of the army had yet seen it: and "that it would be a great countenance to it, if, "when it was carried to the principal officers who were first to sign it, any evidence might be given "to them, that it had passed his majesty's ap"probation; otherwise possibly they might make "scruple for fear of offending him." Thereupon his majesty took a pen, and writ at the bottom of the petition C. R. as a token that he had perused and allowed it and so the petition was carried down into the country where the army lay, and was signed by some officers; but was suddenly quashed, and no more heard of, till in the discovery of the plot of which more in its place.

The meetings continuing, between those officers of the army and some servants of his majesty's, to the ends aforesaid; others of the army, who had expressed very brisk resolutions towards the service, and were of eminent command and authority with the soldier, were by special direction introduced into those councils (all persons obliging themselves by an oath of secrecy, not to communicate any thing that should pass amongst them) for the better executing what should be agreed.

it ridiculous and unpracticable; and so the meeting, for that time, dissolved.

Whether the person that proposed this desperate device, did it only as a bait, to draw an opinion from other men, (for he was of a perfect dislike and malice to some of the company,) or whether the disdain to see his counsel rejected, and the fear that it might be discovered to his disadvantage, wrought upon him, I know not; but the same, or the next day, he discovered all, and more than had passed, to some of those who seemed to take most care for the public; intimated to them, "how he was startled with the horror of the design, and "how faithfully he resolved to serve the common"wealth, or to lose his life in the attempt:" yet at the same time acted his part at court, with all possible demonstration of abhorring the proceedings of the parliament, to that degree, that he offered "to undertake, with a crew of officers and good fellows, (who, he said, were at his disposal,) to rescue the earl of Strafford from the lieutenant "of the Tower, as he should bring him to his trial, "and so to enable him to make an escape into foreign parts.'

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The discovery being thus made, to the earl of Bedford, the lord Say, and the lord Kimbolton, and, no doubt, by them communicated to their chief associates; as dangerous as the design was afterwards alleged to be, it was not published in three months after to the houses, against whom the treason was intended; nor till long after the death of the earl of Bedford: who, no doubt, rather desired to bind up those wounds which were made, than to make them wider, by entertaining new jealousies between king and people; and would not consent to the extending and extorting conclusions, which did not naturally flow from the premises; without which, this so useful a treason to them could not have been made up.

But as they thought not fit (as I said before) to publish this whole discovery till near three months after, so they made extraordinary use of it by parts, from the instant that they received the secret; it being always their custom, when they found the heat and distemper of the house (which they endeavoured to keep up, by the sharp mention and remembrance of former grievances and pressures) in any degree allayed, by some gracious act, or At the first meeting, the person that was so in- gracious profession of the king, to warm and introduced, after he had heard the calm propositions flame them again with a discovery, or promise of of the rest, and that "their design was, only to a discovery, of some notable plot and conspiracy "observe and defend the laws, that neither the against themselves, "to dissolve the parliament by arguments of the Scots, nor the reputation of "the papists;" or some other way, in which they their army, might compel the king to consent to would be sure that somewhat always should reflect the alteration of the government of the church, upon the court. Thus they were sometimes innor to remove the bishops out of the house of forming "of great multitudes of papists gathering peers, which would, in a great degree, produce" together in Lancashire; " then "of secret meetan alteration; or the power of discontented any persons, by their tumultuary petitions, impose upon, or diminish, the just legal power of the king," told them, "Those resolutions would produce very little effects for his majesty's service; that there was but one way to do his majesty notable service, which was by bringing up the army presently to London, which would so awe the parliament, that they would do any thing the king commanded." There was not (as I have been credibly informed) a man in the company, that did not perfectly abhor (or seemed so to do) that odious proposition; but contented themselves with making such objections against it, as rendered

ings in caves, and under ground in Surrey; "letters from beyond sea, of great provisions of arms making there for the catholics of England;" and the like; which upon examination always vanished but for the time (and they were always applied in useful articles of time) served to transport common minds with fears and apprehensions, and so induced them to comply in sense with those, who were like soonest to find remedies for those diseases which none but themselves could discover. And in this progress there sometimes happened strange accidents for the confirmation of their credit.

Whilst they were full of clamour against the

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The History of the Rebellion and Civil Wars in England, Volum 1