liament. They never ceased soliciting the king till he had bestowed the command of the Tower on Sir John Conyers, in whom alone, they said, they could repose confidence; and after making a fruitless attempt, in which the Peers refused their concurrence, to give public warning that the people should put themselves in a posture of defense against the enterprises of papists and other illaffected persons, they now resolved to seize at once the whole power of the sword, and to confer it entirely on their own creatures and adherents by means of the militia. A bill was introduced and passed the two houses which restored to lieutenants of counties and their deputies the same powers of which the votes of the Commons had bereaved them at the beginning of this Parliament; but, at the same time, the names of all the lieutenants were inserted in the bill, and these consisted entirely of men in whom the Parliament could confide; and for their conduct they were accountable, by the express terms of the bill, not to the king, but to the Parliament.

When this demand was made, Charles was at Dover, attending the queen and the Princess of Orange in their embarkation. He at first attempted to postpone and evade the bill; but the Commons pressed it upon him, and asserted that, unless he speedily complied with their demands, they should be constrained, for the safety of prince and people, to dispose of the militia by the authority of both houses, and were resolved to do it accordingly; and while they thus menaced the king with their power, they invited him to fix his residence at London. Charles replied by a remonstrance; and, lest violence should be used to extort his consent to the militia-bill, he removed by slow journeys to York, taking with him the Prince of Wales and the Duke of York.

§ 18. The king here found marks of attachment beyond what he had before expected. From all quarters of England the prime nobility and gentry, either personally or by messages and letters, expressed their duty toward him, and exhorted him to save himself and them from that ignominious slavery with which they were threatened. Charles, finding himself supported by a considerable party in the kingdom, began to speak in a firmer tone, and persisted in refusing the bill; while the Commons proceeded to frame an ordinance, in which, by the authority of the two houses, without the king's consent, they named lieutenants for all the counties, and conferred on them the command of the whole military force, of all the guards, garrisons, and forts of the kingdom. Charles issued proclamations against this manifest usurpation; and the Commons, inventing a distinction, hitherto unheard of, between the office and the person of the king, proceeded to levy, in his name and by his authority, those very forces which they employed against him.

A.D. 1612.

PREPARATIONS FOR A CIVIL WAR.

419

Charles entertained hopes that, if he presented himself at Hull before the commencement of hostilities, Hotham, overawed by his presence, would admit him with his retinue, after which he might easily render himself master of the place; but the governor was on his guard. He shut the gates and refused to receive the king, who desired leave to enter with 20 persons only.

The county of York levied a guard for the king of 600 men, which the two houses immediately voted a breach of the trust reposed in him by the people, contrary to his oath, and tending to a dissolution of the government. The armies, which had been every where raised on pretense of the service in Ireland, were henceforth more openly enlisted by the Parliament for their own purposes, and the command of them was given to the Earl of Essex. In London no less than 4000 men enlisted in one day. Within ten days vast quantities of plate were brought to their treasurers. Such zeal animated the partisans of the Parliament, especially in the city! The women gave up all the plate and ornaments of their houses, and even their silver thimbles and bodkins, in order to support the good cause against the malignants. On the other hand, the queen, by disposing of the crown jewels in Holland, had been enabled to purchase a cargo of arms and ammunition. Part of these reached the king.

The Parliament now sent the conditions on which they were willing to come to an agreement. They required that no man should remain in the council who was not agreeable to Parliament; that no deed of the king's should have validity unless it passed the council, and was attested under their hand; that all the officers of state and principal judges should be chosen with consent of Parliament, and enjoy their offices for life; that none of the royal family should marry without consent of Parliament or council; that the laws should be executed against Catholics; that the votes of popish lords should be excluded; that the reformation of the Liturgy and church government should have place according to advice of Parliament; that the ordinance with regard to the militia be submitted to; that the justice of Parliament pass upon all delinquents; that a general pardon be granted, with such exceptions as should be advised by Parliament; that the forts and castles be disposed of by consent of Parliament; and that no peer be Imade but with consent of both houses. War on any terms was esteemed by the king and all his counselors preferable to so ignominious a peace. Collecting, therefore, some forces, Charles advanced southward; and at Nottingham he erected his royal standard, the open signal for discord and civil war throughout the kingdom (Aug. 22, 1642).

NOTES AND ILLUSTRATIONS.

PETITION OF RIGHT.

3 CAR. I., c. 1.

any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.

ment that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought to answer by due process of law.

V. Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices by your majesty's writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your majesty's special command, signified by the lords of your privy council, and yet were returned back to several prisons, without being charged with any thing to which they might make answer according to the law.

The petition exhibited to his majesty by the IV. And in the eight-and-twentieth year Lords spiritual and temporal, and Com- of the reign of King Edward III it was demons, in this present Parliament assem-clared and enacted by authority of Parliabled, concerning divers rights and liberties of the subjects, with the king's majesty's royal answer thereunto in full Parliament. To the king's most excellent majesty: Humbly show unto our sovereign lord the king, the lords spiritual and temporal, and commons, in Parliament assembled, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward I., commonly called Statutum de tallagio non concedendo, that no tallage or aid shall be laid or levied by the king or his heirs in this realm without the good-will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm; and by authority of Parliament holden in the five-and-twentieth year of the reign of King Edward III., it is declared and enacted that from thenceforth no person should be compelled to make any loans to the king against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided that none should be charged by any charge or imposition called a benevolence, nor by such like charge; by which statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent in Parliament.

II. Yet nevertheless of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued, by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound to make appearance and give utterance before your privy council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace, and others, by command or direction from your majesty, or your privy council, against the laws and free customs of the realm.

VI. And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn, against the laws and customs of this realm, and to the great grievance and vexation of the people.

VII. And whereas also by authority of Parliament, in the five-and-twentieth year of the reign of King Edward III., it is declared and enacted that no man should be forejudged of life or limb against the form of the Great Charter and the law of the land; and by the said Great Charter, and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of Parliament; and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm; nevertheless, of late time divers commissions under your majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanor whatsoever, and by such summary course and order as is agreeable to III. And whereas also by the statute call-martial law, and as is used in armies in time ed "The Great Charter of the Liberties of England," it is declared and enacted that no freeman may be taken or imprisoned, or be disseised of his freehold or liberties, or his free customs, or be outlawed or exiled, or in

of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

VIII. By pretext whereof some of your

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 reason 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 contrary 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 or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as is before mentioned, be imprisoned 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

Quá quidem petitione lectâ et plenius intellecta per dictum dominum regem taliter est responsum in pleno parliamento, viz. Soit droit fait comme est desiré.

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. EXVEGAT 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,