nance, and such captains, licutenants, officers, ply them with such sums of money as they and soldiers as they should appoint, were au- think fit, upon the penalty of being plundered thorized to search for the refusers of such with all extremity of war;' as the style of sir assessment; and bring them before the com- Edw. Baynton's warrant runs against our poor mittee of the house of commons for examina- subjects in Wiltshire) and by such rules of unlitions, who had power given them, by this last mited arbitrary power, as are inconsistent with Ordinance, to imprison the refusers in such the least pretence or shadow of that property places of the kingdom, and for so long time, as it would seem to defend.-If there could be yet they should appoint and order; and that the any understanding so unskilful and supine to families of all such persons, so imprisoned, believe, that these disturbers of the public should no longer remain within the cities of peace do intend any thing but a general conLondon and Westminster, the suburbs, and the fusion, they have brought them a sad argument counties adjacent. But at the same time that the to their own doors to convince them: after parliament took such effectual care to raise this Ordinance and Declaration it is not in any this assessment upon the subjects at large, they sober man's power to believe himself worth any made an Ordinance, That the several and res- thing, or that there is such a thing as law, lipective assessors shall not assess any of the berty, or property left in England, under the members of either of the houses of parliament, jurisdiction of these men; and the same power or the assistants of the house of pcers; any that robs them now of the 20th part of their thing in the preceding Ordinances, or any of estates, hath, by that, but made a claim, and them, to the contrary notwithstanding: but intitled itself to the other 19, when it shall be that the members of either house shall be assess- thought fit to hasten the general ruin.-Sure, ed by that house whercof they are members, and if the minds of all men be not stubbornly prethe assistants of the peers by the house of pared for servitude, they will look on this Orpeers. This last Ordinance, however, for im-dinance, as the greatest prodigy of arbitrary powering the members to tax themselves, was canied in the house of commons by a majority of only 43 voices against 40.

The King's Answer to the said Ordinances.] In consequence of these Ordinances the king published the following Declaration, addressed to all bis loving subjects:

"It would not be believed (at least great pains Lave been taken that it might not) that the pretended Ordinance of the Militi, (the first attempt that ever was to make a law by Ordinance without our consent) or the keeping as out of Hull, and taking our arms and munitiqu from us, could any way concern the interest, property, or liberty of the subject; and it was confessed by that desperate Declaration itself of the 26th of May,That if they were found guilty of that charge of destroying the title and interest of our subjects to their lands and goods, it were indeed a very great crime.' But it was a strange fatal lethargy which had seized our good people, and kept them from discerning, that the nobility, gentry, and commonalty of England, were not only stripped of their pre-eminences and privileges, but of their liberties and estates, when our just rights were denied us; and that no subject could, from thenceforth, expect to do well at home, when we were driven from our houses and our towns. -It was not possible that a commission could be granted to the earl of Essex, to raise an arny against us; and, for the safety of our person and preservation of the peace of the kingdom, to pursue, kill, and slay us, and all who wish well to us; but that in a short time, inferior commanders, by the same authority, would require our good subjects, for the maintenance of the property of the subject, to sup

The above-mentioned Ordinances may be seen at length in Husband's Collections, from p. 766, to p. 777.

power and tyranny that any age hath brought forth in any kingdom: other grievances, and the greatest, have been conceived intolerable, rather by the logic and consequence, than by the pressure itself; this, at once, sweeps away all that the wisdom and justice of parliaments have provided for them. Is their property in their estates, (so carefully looked to by their ancestors, and so amply established by us against any possibility of invasion from the crown) which makes the meanest subject as much a lord of his own, as the greatest peer, to be valued or considered? Here is a 20th part of every man's estate (or so much more as four men will please to call the 20th part) taken away at once; and vet a power left to take a 20th still of that which remains; and this to be levied by such circumstances of severity, as no act of parliament ever consented to. Is their liberty, which distinguishes subjects from slaves, and in which this free-born nation bath the advantage of all Christendom, dear to them? They shall not only be imprisoned in such places of this kingdom, (a latitude of judgment no court can challenge to itself in any cases) but for so long time as the committee of the house of commons for examination shall appoint and order; the house of commons itself having never assumed, or, in the least degree, pretended to a power of judicature; having no more authority to administer an oath, (the enly way to discover and find out the truth of facts) than to cut off the heads of any of our subjects; and this committee, being so far from being a part of the parliament, that it is destructive to the whole, by usurping to itself all the power of king, lords, and commons.→→ All who know any thing of parliaments, know that a committee of either house ought not, by the law, to publish their own results; neither are their conclusions of any force without the confirmation of the house, which hath the same

power of controlling them, as if the matter
had never been debated: but that any com-
mittee should be so contracted (as this of exa-
mination, a style no committee ever bore be-
fore this parliament) as to exclude the members
of the house, who are equally trusted by their
country, from being present at their counsels,
is so monstrous to the privileges of parliament,
that it is no more in the power of any man
to give up that freedom, than of himself to
order, that, from that time, the place for which
he serves shall never more send a knight or
burgess to the parliament; and, in truth, is no
less than to alter the whole frame of government,
to pull up parliaments by the roots, and to
commit the lives, liberties, and estates of all
the people of England, to the arbitrary power
of a few unqualified persons; who shall dispose
thereof according to their discretion, without
account to any rule or authority whatsoever.
-Are their friends, their wives and children
(the greatest blessings of peace, and comforts
of life) precious to them? Would their penury
and imprisonment be less grievous by those
cordials? They shall be divorced from them,
banished, and shall no longer remain within
the cities of London and Westminster, the
suburbs and the counties adjacent: and how
far those adjacent counties shall extend no mau
knows. Is there any thing now left to enjoy
but the liberty to rebel, and destroy one ano-
ther? Are the outward blessings only of peace,
property, and liberty, taken and forced from
our subjects? Are their consciences free and
unassaulted by the violence of these fire-
brands? Sure the liberty and freedom of
conscience cannot suffer by these meu. Alas!
all these punishments are imposed upon them,
because they will not submit to actions con-
trary to their natural loyalty, to their oaths of
allegiance and supremacy, and to their late
volautary Protestation, which obliges them to
the care of our person, and our just rights.
How many persons of honour, quality and re-
putation, of the several counties of England,
are now imprisoned without any objections
against them, but suspicion of their loyalty?
How many of the gravest and most substantial
citizens of London, by whom the government
and discipline of that city was preserved, are
disgraced, robbed, and imprisoned, without
any process of law, or colour of accusation,
but of obedience to the law and government of
the kingdom; whilst Anabaptists and Brown-
ists, with the assistance of vitious and de-
bauched persons of desperate fortunes, take
upon them to break up and rifle houses, as
public and avowed ministers of a new invent-
ed authority? How many godly, pious, and
painful divines, whose lives and learning hath
made them of reverend estimation, are now
slandered with inclination to popery: discoun-
tenanced and imprisoned, for discharging their
consciences, instructing the people in the Chris-
tian duties of religion, and obedience; whilst
schismatical, illiterate, and scandalous preach-
ors fill the pulpits and churches with blasphemy,

irreverence, and treason, and incite their au-
ditory to nothing but harder and rebellion?—
We pass over the vulgar charin, by which they
have captivated such who have been contented
to dispense with their consciences for the pre-
servation of their estates; and by which they
persuade men, chearfully, to part with this
twentieth part of their estates to the good
work in hand; for whoever will give what he
hath, may escape robbing: They shall be re-
paid upon the public faith, as all other monis
lent upon the Prepositions of both houses.' It
may be so; but men must be condemned to a
strange unthriftiness who will lend upon such
security. The public faith indeed is as great
an carnest as the state can give, and engages
the honour, reputation, and honesty of the
nation, and is the act of the kingdom; it is
the security of the king, the lords, and com-
which can never need an executor, can
never die, never be bankrupt; and therefore
we willingly consented to it for the indemnity
of our good subjects of Scotland (who we hope
will not think the worse of it, for being so
often and so cheaply mentioned since); but
that a Vote of one or both houses should be an
engagement upon the public faith, is as impos-
sible as that the committee of the house of i
commons for examinations should be the high
court of parliament.--And what is or can be
said, with the least shadow of reason, to justify
We have not lately
these extravagancies?
heard of the old fundamental laws which used
to warrant the innovations, this needs a refuge
even below those foundations. They will say,
They cannot manage their great undertakings
without such extraordinary ways. We think
so too; but that proves only they have under-
taken somewhat they ought not to undertake:
not that it is lawful for them to do any thing
that is convenient for those ends.-We re-
membered them long ago, and we cannot do it
too often, of that excellent speech of Mr. Pym:
The law is that which puts a difference betwist
good and evil, betwixt just and unjust; if you
take away the law, all things will fall into con-
fusion, every man will become a law unto him-
self; which in the depraved condition of
human nature, must needs produce many great
cuormities; lust will become a law, and envy
will become a law; covetousness and ambi-
tion will become laws; and what dictates, what
decisions, such laws will produce, may easily
be discerned.' It may indeed, by the sad in-
stances over the whole kingdom: but will pos-
terity believe, that, in the same parliament,
this doctrine was avowed with that acclama-
tion, and these instances after produced? That,
in the same parliament, such care was taken
that no man should be committed, in what case
soever, without the cause of his imprisonment
expressed, and that all men should be imme-
diately bailed, in all cases bailable: aud, du-
ring the same parliament, that alderman Pen-
nington, or indeed any body else but the sworn
ministers of justice, should imprison whom
they would, and for what they would, and for

as long a time as they would? That the king halfs; having, at this time, an agent of their should be reproached with breach of privilege own with the states of Holland, to negotiate for accusing sir John Hotham of high treason, for them upon private instructions. These are when, with force of arms, he kept him out of the men who, not thinking they have yet Hull, and despised him to his face; because brought mischief enough upon this kingdom, at in no case, a member of either house might be this time invite and solicit our subjects of committed or accused, without leave of that Scotland to cuter this land with an army against house of which he is a member and vet that, us. In a word, these are the men, who have during the saine parliament, the same alder- made this last devouring Ordinance to take man should commit the carl of Middlesex, a away all law, liberty and property from our peer of the realm, and the lord Buckhurst, a people; and have, by it, really acted that upon a member of the house of commons, to the our people, which, with infinite malice, and no Counter, without reprehension? That to be a colour or ground, was laboured to be infused traitor (which is defined, and every man into them, to have been our intention by the understands) should be no crime; and to be Commissions of Array.-We have done. What called a Malignant (which nobody knows the power and authority these men have, or would meaning of) should be ground enough for close have, we know not: for ourself we challenge imprisonment? That a law should be made, none such; we look upon the pressures and That whosoever should presume to take Tun-inconveniences our good subjects bear, even nage and Poundage, without an act of parlia- by us and our army (which the army first raised. ment, should incur the penalty of a premunire; by them enforced us to levy in our defence, and, in the same parliament, that the same im- and their refusal of all offers and desires of position should be laid upon our subjects, and treaty enforceth us to keep) with very much taken by an Order of both houses, without and sadness of heart: we are so far from requiring against our consent? Lastly, That in the same a 20th part of their estates, (though for their parl. a law should be made to declare the pro- own visible preservation) that, as we have alceedings and judgment upon Ship-Money to be ready sold or pawned our own jewels, and coined illegal and void; and during that parliament, our own plate, so we are willing to sell all our that an Order of both bouses shall, upon pre- | own land and houses for their relief; yet we do tence of necessity, enable four men to take not doubt but our good subjects will seriously away the 20th part of their estates from all consider our condition, and their own duties, their neighbours, according to their discretion, and think our readiness to protect them with -But our good subjects will no longer look the utmost hazard of our life, deserves their upon these and the like results, as upon the readiness to assist us with some part of their counsels and conclusions of both our houses of fortunes; and whilst other men give a 20th parliament, though all the world knows even part of their estates, to enable them to forfeit that authority can never justify things unwar- the other 19, that they will extend themselves rantable by law; they well know how few of to us in a liberal and free proportion for the the persons trusted by them are present at preservation of the rest; and for the maintetheir consultations; of above 500, not 80; and nance of God's true religion, the laws of of the house of peers, not above a fifth part; the land, the liberty of the subject, and the that they who are present enjoy not the privi- safety and very being of parliament and of this lege and freedom of parliament; but are be-kingdom; for if all these ever were, or can be, sieged by an army, and awed by the same in manifest danger, it is now in this present tumults, which drove us and their fellow-rebellion against us.-Lastly, we will and remembers from thence, to consent to what some few seditious, schismatical persons amongst them do proposc.-These are the men who, joining with the Anabaptists and Brownists of London, first changed the government and discipline of that city; and now, by the pride and power of that city, would undo the kingdom, whilst their lord mayor (a person accused and known to be guilty of high treason) by a new legislative power of his own, suppresses and reviles the Book of Coinmon-Prayer, robs and imprisons whom he thinks fit, and, with the rabble of his faction, gives laws to both houses of parliament; and tells them they will have no accommodation: whilst the members, sent and entrusted by their counties, are expelled the house, or committed, for refusing to take the oath of Association to live and die with the earl of Essex, as very lately sir Sidney Montague. These are the men who have presumed to send ambassadors, and to enter into treaties with foreign states, in their own beVOL. III.

quire all our loving subjects of what degree or quality soever, as they will answer it to God, to us, and to posterity, by their oaths of allegi ance and supremacy; as they would not be looked upon now, and remembered hereafter, as betrayers of the laws and liberty they were born to; that they, in no degree, submit to this wild pretended Ordinance; and that they presume not to give any encouragement, or assistance, to the army now in rebellion against us: which if, notwithstanding, they shall do, they must expect from us the severest punishment the law can inflict, and a perpetual in famy with all good men."

The King's Answer to the Petition of both Houses, of the 24th.] Nov. 28. The king's Answer to the Parliament's last Petition to him, was read in the house of lords as follows:

"We expected such Propositions from you, as might speedily remove and prevent the misery and desolation of this kingdom; and that, for the effecting thereof, (we now residing at a

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convenient place, not far from our city of Lon- [ment, nor to the major part of those that are don) committes from both our houses of parlia- now present there, but to that dangerous Party ment should attend us; for you pretended, by ¦ we and the whole kingdom must cry out upon; your Message to us at Colebrooke, that those so we shall, for our good subjects sake, and were your desires: instead thereof (and thereby out of our most tender sense of their miseries let all the world judge of the design of that and the general calamities of this kingdom, overture) we have only received your humble which must, if this war continue, speedily overPetition, That we would be pleased to return whelm this whole nation, take no advantage of to our parliament, with our royal, not our mar-it. Bot, if you shall really pursue what you tial attendance.' All our good subjects that presented to us at Colebrooke, we shall make remember what we have so often told you and good all we then gave you in Answer to it, them upon this subject, and what hath since whereby the hearts of our distressed subjects passed, must, with indignation, look upon this may be raised with the hopes of peace; with Message, as intended by the contrivers thereof out which religion, the laws, and your liberties, for a scorn to us; and thereby designed by; can no way be settled and secured. Touching that Malignant Party (of whom we have so the late and sad accident you mention, if you often complained, whose safety and ambition thereby intend that of Brentford, we desire is built upon the divisions and ruins of this you, once, to deal ingenuously with the people; kingdom, and who have too great an influence and to let them see our last Message to you, upon your actions) for a wall of separation and our Declaration to them, concerning the betwixt us and our people. We have told you same; (both which we sent to our press at the reasons why we parted from London; how | London, but were taken away from our mes we were chased thence, and by whom we senger, and not suffered to be published) and have often complained that the greatest part then we doubt not but they will be soon undeof our peers, and of the members of our house ceived, and easily find out those counsels, of commons, could not, with safety to their ho- which do rather persuade a desperate division, nours and persons, continue and vote freely than a good agreement betwixt us, our twe among you; but, by violence and cunning prac-houses, and people." tices, were debarred of those privileges which their birth-rights, and the trust reposed in them by their counties, gave them; the truth whereof nay sufficiently appear by the small number of those that are with you. We have offered to meet both our houses in any place free and convenient for us and them, but we could never receive the least satisfaction in any of these particulars, nor for those scandalous and seditious pamphlets and sermons which swarm amongst you. That is all one you tell us: it is now for our honour, and for the safety of our royal person, to return to our parliament. But herein your formerly denying us a negative voice gives us cause to believe, that, by giving yourselves that name without us, you intend not to acknowledge us to be part of it. The whole kingdom knows that an army was raised under pretence of Orders of both houses, an usurpation never heard of before in any age; which army hath pursued us in our own kingdom, gave us Battle at Keynton, and endeavoured to take away the life of us and our children; and yet (these rebels being newly recruited, and possessed of our city of London) we are courteously invited to return to our parliament there; that is, into the power of this army. Doth this signify any other thing, than that, since the traiterous endeavours of those desperate men could not snatch the crown from our head, (it being defended by the providence of God, and the affections and loyalty of our good subjects) we should now tamely come up and give it them; and put ourselves, our life, and the lives, liberties, and fortunes of all our good subjects into their merciful hands? Well, we think not fit to give any other Answer to this part of your Petition: but as we impute not this affront to both our houses of parlia

An Ordinance for fitting out Ships to cut off all Supplies from the King.] Nov. 29. An Ordnance of parl. was made, For the speedy setting forth certain Ships, in all points furnished for war, to prevent the bringing over soldiers, mo ney, ordnance, and other ammunition from beyond the sea, to assist the king against the parliament of England. By this Ordinance it was declared, That all adventurers in this enter prize should have and enjoy all ships, goods, money, plate, arms, ammunition, victuals, pillage, and spoil, which should be seized or taken, as their own proper goods.

Sir S. Montague, a Member, committed to the Tower, for refusing to assist the Earl of Esser.] December 3. The question for adhering to the earl of Essex in this cause, for the maintenance and preservation of the true protestant religion, the king's person, the laws of the land, the peace of the kingdom, the liberty and property of the subject, and the rights and privileges of parliament, was this day read to sir Sidney Montague, (member for Huntingdonshire) and his vote demanded: and he gave his negative voice unto it. Hereupon the commons resolved, by a majority of 48 voices against 45, 1. "That he be disabled for continuing any longer a member of this house, during this parliament. 2. That his person be forthwith secured. And, 3. That he be forthwith committed prisoner to the Tower." Sir Sidney was then called to the bar, and, kneeling there, Mr. Speaker pronounced tence against him accordingly, for not yielding his consent to assist the earl of Essex in the maintenance of religion, the king's person, the liberty of the subject, the rights and privileges of parliament; and giving for his reason, That the king had declared such traitors, as should

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fresh mark of their esteem, the further consideration of this Petition was deferred to another time: and, a day or two after, Mr. Shute, it seems, growing too bold in addressing the house, two of the members were ordered to acquaint him, That the commons resented some expressions used by him, and admonished him how to demean hiinself hereafter, when he came to give information to them.

adhere unto the said earl in this cause; and pulled a Declaration out of his pocket, and thereby seemed to lay an imputation upon all the members, and others, that had declared to assist the said earl in this cause: the house thinking it a great crime, that any member should be guided by Declarations from abroad, and not by his own judgment in giving his

vote.

A Letter from Devonshire, giving an Account of the State of Affairs in the West.] As the history of this Intestine War will be best known by the Letters of Intelligence, which were sent to the parliament, from differ ent parts of the kingdom, the insertion of them, in their proper order of time, will not only illustrate several passages in the course of this work, but open many scenes of importance, hitherto concealed from the public. We shall begin with a letter from Devonshire, which was, on the 13th of this month, presented to the lords, by the commons, at a conference. It was addressed to the lords, and others, of the Committee for the Safety of the Kingdom, at Westminster :

State of the Kingdom at this time.] After the late rencounter at Brentford, the king with drew his army over Kingston-Bridge to Oatlands; and from thence, by Colebrooke and Reading, to Oxford. At the same time the earl of Newcastle had associated all the counties North of Yorkshire, for the king; On which commissions were sent down from the parliament, to the lord Fairfax and others, to associate the last-named county with all the midland counties up to North-Wales. How ever, the earl marched forward, with an army of Northumbrians, &c. towards York. At Piersbridge, a pass over the river Tees, he was opposed by a party of lord Fairfax's horse, commanded by capt. Hotham, whom the earl dispersed, and marched strait to York; where "Right honourable; According to our duty he published a Declaration, setting forth the and trust reposed in us, we have used our best reasons for his taking up arms for the king.-endeavours for the preservation of this county; The parliament had also brought several coun- and although little assistance hath been affordties, in the West of England, into an associa-ed us by the people here, to what we expected, tion; and some matters are entered in the yet God, that never fails those that go on in Journals, for the encouragement of this project. his way, and rest upon his power and goodness, In the South the event was various; Farnhamn hath so blessed us now in this time of straits, castle, in Surry, was taken by the high sheriff, that he hath done great things for us by small for the king; which sir Wm. Waller soon means to him therefore be the glory and the after retook for the parliament. But this loss praise. Upon Tuesday the 29th of Nov. capt. was made up by the king's forces taking the Thompson and capt. Pym, by command o town of Marlborough by storin, under the colonel Ruthen, went to Plimpton, to keep command of lords Digby, Grandison, Wil- that town, with their troops and about 70 dramot, Wentworth, &c. so that now the king-gooners and 200 foot, if they saw it night dom was in a flame, from one end to the other.

Some Citizens of London complain of an intended Petition for an Accommodation.] Dec. 9. Two Petitions to parliament being on foot, at the same time, in the city of London, but widely different in their contents, Mr Shute appears again in the Journals of the commons, declaring, "That, with all thankfulness, the Godly Party acknowledged the open care of that house to all their desires: that they did subject their money and lives, to the last drop of blood in their veins, to be disposed of by parliament: But they desired to clear thenselves from an imputation cast upon them by the Malignants, That they petition against Peace.' This, he said, was far from their intentions; but their desires were for an honour able and secure peace: that the Malignant Party went about to get hands to a Petition to procure a Treaty, that the enemy might gain time to recollect their broken strength; well knowing that they are so, and that they want powder and ammunition." He then presented a copy of the adverse Petition, which was read; but after returning thanks to Mr. Shute and the rest of the citizens, for this

have been kept without great hazard; but, the next day, hearing the enemies were marching from Tavistock, with (as was related to us) 3000 horse and foot, and 8 pieces of ordnance; and finding the town of Plimpton not to be kept without as great, a force as should coine against it, by reason the town lies so scattering, and several villages so near it; and so, lest the enemy should come between them and Plymouth, they drew forth towards the enemy; but, night coming on, they could not come to give them charge, without hazard and damage one of another in the dark; they then went to Plymouth. The day after, being Thursday, colonel Ruthen, with 4 troops of horse and the aforesaid dragooners, went to Plimpton to view the town, and to see the motion of the enemy; and, finding the town as was related to him, he then drew towards Plymouth, and stood upon the Lary for the space of 3 hours; forcing the enemy, who attempted one charge to have drawn us to their ambuscades, to fly presently; and durst not (with all their force, which we judge was at least 2500 horse and foot then left, for many ran away the night before) give us a charge upon fair ground; but that night they went to Plimpton, where they continued