CHAP. XXI.

NOTES AND ILLUSTRATIONS.

majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed:

IX. And also sundry grievous offenders, by color thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by rea. son that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes, upon pretense that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.

421

would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the aforesaid commissions for proceeding by martial law may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by color of them any of your majesty's subjects be destroyed or put to death con trary to the laws and franchise of the land.

XI. All which they most humbly pray of your most excellent majesty as their rights and liberties, according to the laws and statutes of this realm; and that your majesty would also vouchsafe to declare that the awards, doings, and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter into consequence or example; and that your majesty would be also graciously pleased, for the farX. They do therefore humbly pray your ther comfort and safety of your people, to most excellent majesty that no man hereaf-declare your royal will and pleasure that in ter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of Parliament; and that none be called to make answer, or to take such oath, or to give attend-perity of this kingdom. ance, or be confined, or otherwise molested Quá quidem petitione lectâ et plenius inor disquieted concerning the same, or for re-tellecta per dictum dominum regem taliter fusal thereof; and that no freeman, in any est responsum in pleno parliamento, viz. such manner as is before mentioned, be im- Soit droit fait comme est desiré. prisoned or detained; and that your majesty

the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honor of your majesty and the pros

Obv.: CAROLVS. D: G: MAG: BRIT: FRAN ET. HIBER. REX. The king mounted, to left. Beneath his horse a view of Oxford, with the name oxON and the letter R, the initial of the name of the artist, Rawlins. Rev. EXVRGAT DEVS DISSIPENTVR INIMICI, Across the field RELIG. PROT. LEG ANG. LIBER. PARL: above, v, for the value and below, 1644 oXON.

CHAPTER XXII.

CHARLES I. CONTINUED. FROM THE COMMENCEMENT OF THE CIVIL WAR TO THE TRIAL AND EXECUTION OF THE KING. A.D. 1642-1649.

§ 1. Commencement of the Civil War. State of the Kingdom. § 2. Battle of Edge Hill. Negotiation at Oxford. § 3. Campaign of 1643. Death of Hampden. Siege of Gloucester. Waller's Plot. Battle of Newbury. Actions in the North. § 4. Proceedings in Scotland. The solemn League and Covenant. Troops sent from Ireland. § 5. Parliaments at Westminster and Oxford. Campaign of 1644. Battle of Marston Moor. Second Battle of Newbury. § 6. Independents and Presbyterians. Cromwell accuses the Earl of Manchester. The self-denying Ordinance. § 7. Execution of Laud. § 8. Campaign of 1645. Montrose's Victories. The "New Model." Battle of Naseby. Surrender of Bristol and other Places. § 9. Negotiations with the Parliament. Glamorgan's Commission in Ireland. The King flies to the Scottish Camp. He is delivered up by the Scots. § 10. Mutiny of the Army. The King seized by Joyce. § 11. The Army subdue the Parliament. The King flies to the Isle of Wight. § 12. Cromwell restores the Discipline of the Army. Deliberations respecting the King. § 13. Displeasure of the Scots. Commotions in England. Treaty of Newport. Civil Wars. § 14. Pride's "Purge." Trial of the King. § 15. Execution and Character of the King.

§ 1. WHEN two names so sacred in the English Constitution as those of KING and PARLIAMENT were placed in opposition, no wonder the people were divided in their choice, and were agitated with the most violent animosities and factions. The nobility and more considerable gentry, dreading a total confusion of rank from the fury of the populace, enlisted themselves in defense of the monarch, from whom they received, and to whom they communicated,

A.D. 1642.

COMMENCEMENT OF THE CIVIL WAR.

423

their lustre. The city of London, on the other hand, and most of the great corporations, took part with the Parliament, and adopted with zeal those democratic principles on which the pretensions of that assembly were founded. The devotees of Presbytery became, of course, zealous partisans of the Parliament; the friends of the Episcopal Church valued themselves on defending the rights of monarchy; but, though the concurrence of the Church undoubtedly increased the king's adherents, it may safely be affirmed that the high monarchical doctrines, so much inculcated by the clergy, had never done him any real service. The bulk of that generous train of nobility and gentry who now attended the king in his distresses breathed the spirit of liberty as well as of loyalty; and in the hopes alone of his submitting to a legal and limited government were they willing, in his defense, to sacrifice their lives and fortunes; and all those who aspired to nothing but an easy enjoyment of life, amid the jovial entertainment and social intercourse with their companions, flocked to the king's standard, where they breathed a freer air, and were exempted from that rigid preciseness and melancholy austerity which reigned among the Parliamentary party. On the whole, however, the torrent of general affection ran to the Parliament. The neighboring states of Europe, being engaged in violent wars, little interested themselves in these civil commotions; and this island enjoyed the singular advantage (for such it surely was) of fighting out its own quarrels without the interposition of foreigners. The king's condition, when he appeared at Nottingham, was not very encouraging to his party. His artillery, though far from numerous, had been left at York for want of horses to transport it. Besides the trained bands of the county, raised by Sir John Digby, the sheriff, he had not got together above 300 infantry. His cavalry, in which consisted his chief strength, exceeded not 800, and were very ill provided with arms. The forces of the Parliament lay at Northampton, within a few days' march of him, and consisted of above 6000 men, well armed and well appointed. Had these troops advanced upon him, they must soon have dissipated the small force which he had assembled, and perhaps forever prevented his collecting an army; but the Earl of Essex, the Parliamentary general, had not yet received any orders from his masters. situation, by the unanimous desire of Charles's counselors, the In this Earl of Southampton, with Sir John Colepeper and Sir William Uvedale, was dispatched to London with offers of a treaty. Both houses replied that they could admit of no treaty with the king till he took down his standard and recalled his proclamations, in which the Parliament supposed themselves to be declared traitors. A second attempt at negotiation had no better success.

The courage of the Parliament was increased both by their great superiority of force and by two recent events which had happened in their favor. They had obtained possession of Portsmouth, the best fortified town in the kingdom, through the negligence of Goring, the governor (Sept. 20); and the Marquis of Hertford, a nobleman of the greatest quality and character in the kingdom, who had drawn together some appearance of an army in Somersetshire, had been obliged to retire into Wales on the approach of the Earl of Bedford with the Parliamentary forces. All the dispersed bodies of the Parliamentary army were now ordered to march to Northampton; and the Earl of Essex, who had joined them, found the whole amount to 15,000 men. The king, sensible that he had no army that could cope with so formidable a force, thought it prudent to retire to Derby, and thence to Shrewsbury. At Wellington, a day's march from Shrewsbury, he made a solemn declaration before his army, in which he promised to maintain the Protestant religion, to observe the laws, and to uphold the just privileges and freedom of Parliament. On the appearance of commotions in England, the Princes Rupert and Maurice, sons of the unfortunate palatine, had offered their service to the king; and the former at that time commanded a body of horse which had been sent to Worcester to watch the motions of Essex. Here Prince Rupert began the civil wars by routing a body of cavalry near that city. The rencounter, though in itself of small importance, mightily raised the reputation of the Royalists, and acquired for Prince Rupert the character of promptitude and courage, qualities which he eminently displayed during the whole course of the war.

The king, on mustering his army, found it amount to 10,000 men. The Earl of Lindsay, who in his youth had sought experience of military service in the Low Countries, was general; Prince Rupert commanded the horse, Sir Jacob Astley the foot, Sir Arthur Aston the dragoons, Sir John Heydon the artillery.

§ 2. With this army the king left Shrewsbury, and directed his march toward the capital, with the intention of bringing on an action. He fell in with the Parliamentary forces at Edge Hill, near Kineton, in the county of Warwick (Oct. 23, 1642). Though the day was far advanced, the king resolved upon the attack. After a desperate struggle, in which great mistakes were committed on both sides, the battle ended without either party obtaining any decisive advantage. All night the two armies lay under arms, and next morning found themselves in sight of each other. General, as well as soldier, on both sides, seemed averse to renew the battle. Essex first drew off, and retired to Warwick. The king returned to his former quarters. About 1200 men are said to

A.D. 1642, 1643.

CAMPAIGN OF 1643.

425

have fallen; and the loss of the two armies, as far as we can judge by the opposite accounts, was nearly equal. Lindsay, the general, was mortally wounded and taken prisoner.

The king, except the taking of Banbury a few days after, had few marks of victory to boast of. He continued his march, and took possession of Oxford, the only town in his dominions which was altogether at his devotion. Hence he proceeded to Reading, of which Martin was appointed governor by the Parliament. Both governor and garrison were seized with panic, and fled with precipitation to London. The Parliament, alarmed at the near approach of the royal army, while their own forces lay at a distance, voted an address for a treaty, and the king named Windsor as the place of conference. Meanwhile Essex, advancing by hasty marches, had arrived at London; but neither the presence of his army, nor the precarious hope of a treaty, retarded the king's approaches. Charles attacked at Brentford three regiments quartered there, and after a sharp action beat them from that village, and took about 500 prisoners (Nov. 12). The city trained-bands joined the army under Essex, which now amounted to above 24,000 men, and was much superior to that of the king. After both armies had faced each other for some time, Charles drew off and retired to Reading, and thence to Oxford.

During the winter negotiations for a treaty were continued at Oxford. The king insisted on the re-establishment of the crown in its legal powers, and on the restoration of his constitutional prerogative. The Parliament required, besides other concessions, that the king should abolish episcopacy, and acquiesce in their settlement of the militia. But the conferences went no farther than the first demand on each side. The Parliament, finding that there was no likelihood of coming to any agreement, suddenly recalled their commissioners.

§ 3. The campaign of 1643 was opened by the taking of Reading by the Earl of Essex (April 27). In the north, where Lord Fairfax commanded for the Parliament, and the Earl of Newcastle for the king, the latter nobleman united in a league for Charles the counties of Northumberland, Cumberland, Westmoreland, and the bishopric, took possession of York, and established the king's authority in all the northern provinces. In the south and west, Sir William Waller, who now began to distinguish himself among the generals of the Parliament, took Winchester, Chichester, Hereford, and Tewkesbury; but, on the other hand, all Cornwall was reduced by Sir Ralph Hopton to peace and to obedience under the king.

Essex, finding that his army fell continually to decay after the siege of Reading, was resolved to remain upon the defensive; and