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o power either to make or declare any law;'
t that this is a fit foundation for all tyranny,
must utterly deny. Indeed if it had been
d, That the king without the two houses of
rliament, could make or declare laws, then
ere might be some strength in the argument;
t, before this parliament, it was never so
ch as pretended, that either or both houses,
thout the king, could make or declare any
v; and certainly his majesty is not the first,
I hope will not be the last king of England,
t hath not held himself accountable to any
thly power: besides it will be found that
majesty's position is most agreeable to all
ine and human laws; so far it is from being
structive to a kingdom, or a foundation for
anny.-To conclude: I appeal to God and
e world, whether it can be paralleled by
ample, or warranted by justice, that any man
ould be slandered, yet denied the sight
ereof; and so far from being permitted to
swer, that, if he has erred, there is no way
t him to acknowledge or mend it: and yet
s is the king's present condition; who is
this time laid aside, because he will not
sent that the old fundamental laws of this
d be changed, regal power destroyed, nor
people submitted to a new, arbitrary, ty-
nical government."

Letter from the Duke of York, excusing his
tempt to make his Escape.] March 2. Some
empts made for the duke of York's Escape
m St. James's being discovered, his high-
ss thought fit, for fear of stricter confinement,
write the following Letter to the Speaker
the house of lords:

"My lord; I understand there was a Letter mine intercepted going to my father, which confess was a fault; and therefore desire you let the house know, that I will engage yhonour and faith, never to engage myself y more in such business. My request is that may continue where I now am; in doing hich you will much oblige me, who am your ectionate Friend, J. YORK."

war against the parliament, be restrained from coming or speaking to the duke and the rest, but in the presence of the earl of Northumberland: and that the said earl should take care that none of his servants suffer such resort; and if any persons should presume to press in, contrary to these Instructions, that intelligence be forthwith sent of it to one or both houses of parliament. Hampton-Court was also ordered to be fitted up for the King's Children.

This day, Mr. Fiennes carried up the Declaration of the commons, in reply to the Scots Commissioners Answer to the Propositions of Peace, to the house of lords; who, the next day, passed it. This Declaration was afterwards ordered, by both houses, to be printed and dispersed in the usual manner, also to be translated into Latin and French; but it is not entered in the Journals of either house :

March 8. Both houses passed an Ordinance for settling 2500l. a-year out of the earl of Worcester's estate, on lieut. general Cromwell : they also appointed Henry earl of Kent, Wm. lord Grey of Werke, sir Tho. Widdrington, and Bulstrode Whitlocke, esq. commissioners of the Great Seal of England.

March 15. An Ordinance for raising 60,000l. a month for the support of the Army under Thomas_lord Fairfax* was passed; as also another for better securing the payment of 8000l. a-year to the Prince Elector, count Palatine of the Rhine, who had now resided in England some years; a former Ordinance for that purpose having been ineffectual.

Sir J. Gayre, and three more Aldermen of London, impeached of High Treason.] March 21. A Message was brought from the commons by Mr. Chaloner and others, with Articles of Impeachment for High Treason, and other high crimes and misdemeanors, against sir John Gayre, knight, alderman of London, James Bunce, Thomas Adams, and John Langham, aldermeu of the same: who, in the name of the commons, and of all the commons of England, did desire their lordships to put the said aldermen to their Answer; and that such proceedings might be had thereupon as were agreeable to justice: that the house of commons were ready with their Evidence, and that the four impeached Aldermen were by virtue of an order from their house, committed prisoner to the Tower.

Resolutions of the Lords thereupon.] A mmittee of lords was hereupon appointed to and take the duke's Engagement from bis n mouth; and it was this day ordered, That, on the duke of York's Letter, the lords had ndescended to give so much credit to the gagement and ingenuity expressed in it, and the tenderness of his years, as to pass by such resolutions as they might justly have ken upon this occasion; and to desire the rl of Northumberland that he would still * About this time died Ferdinando lord ntinue under his care the said duke and the Fairfax, baron of Cameron in Scotland, and st of the King's Children, who are now under knight of the shire for the county of York. e protection of the parliament: moreover, In the Commons Journals of the 16th of this at the said earl should be desired, from time month we find the following Entry: Ordered, time, to dismiss from attending on the duke" That the now lord Fairfax, General, shall d the rest of the King's Children, all such ersons as he shall conceive to be anywise -affected, or likely to promote any ill designs the prejudice of the parliament. Likewise at all papists, or such other persons as have een in arms, or adhered to the king in this

have the place of Steward of the Honour of Pontefract, and Keeper of Pontefract Castle, Park, and Appurtenances, and be Custos Rotulorum for the county of York, in the like manner as his father, lately deceased, formerly had."

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Insurrection of the Apprentices of London, and others, in favour of the King.] April 13. A great tumult, or rather an Insurrection, had taken place in London a day or two before, in which the Apprentices and others rose in great numbers and did much mischief: they beat up drums upon the water to invite the Seamen and Watermen to join them, to fight for God and king Charles.' The whole city was in great consternation, nor was the parliament free from fears; for Mr. Whitlocke writes, "That it was no small happiness to the houses, that this Insurrection was, at length, well quieted: since, in those times of discontent and distraction, if it had not been so soon appeased and nipped in the bud, it might have proved of most dangerous consequence to all the parliament's party, and have occasioned a new war." The Memorialist here again adds another moral reflection, viz. "We may take notice of the uncertainty of worldly affairs; when the parliament and their Army had subdued their common enemy, then they quarrelled amongst themselves, the Army against the Parliament: and when they were pretty well pieced together again, then the Apprentices and others make an Insurrection against them both. Thus they were in continual perplexities and dangers."

matters being largely debated, and many par ticulars insisted upon, both for the discovery and punishment of the said misdemeanors and outrages, and also for the preventing of the like for the time to come, it was at last concluded and agreed by this Common Council as followeth: First, This Common Council do generally conceive that this city was in great danger by reason of the said outrages and misdemeanors; and that if the same had not so timely been prevented and stayed, the whole city would have been exposed to the fury and rage of the said malefactors. And this Common Council do declare, That the same misdemeanor and outrage was a horrid and detestable act, tending to the destruction of the city; that they do disavow the same, and with an utter detestation do declare their dislike thereof. And this Common Council do appoint the Committee of the Militia of London to make the same known to the honourable houses of parliament: and also to make an humble re quest unto them, That an Order may be issued forth from them to the several ministers of this city, and the places adjacent, that they may be directed to give public Thanks to Almighty God, the Author of this great and wonderful deliverance from that imminent danger wherein the city and parts adjacent were involved. And further the said committee are appointed by this court to apply themselves to the honourable houses of parliament, for the obtain ing of a special commission of Oyer and Ter"At this Common Council, Mr. alderman miner, for the trying and punishing all the Fowke and Mr. alderman Gibbs, by the direc-malefactors that had a hand in this detestable tion of the Committee of the Militia of Lon-action, according to the known laws of this don, did make a large Relation of the great land. And this court, with thankful hearts, multitude, insurrection, and mutiny which do acknowledge the instruments, under God, happened in this city on the last Lord's day by which they obtained this deliverance, to be and Monday last, by many evil-disposed per- by the forces raised and continued by the parsons; which first began on the Lord's day in the liament, under the command of his excellency afternoon, in the county of Middlesex, where the lord-general Fairfax: and to manifest the they scized the colours of one of the Trained same, this Common Council do also order, Bands of the said county, who were there That the said Committee of the Militia, in the employed for the suppressing of such persons name of this city, as a thing agreed upon by as did profane the Lord's day: and, being dis- an unanimous consent, shall return their hearty persed by some of the General's forces, did Thanks to his excellency, for his speedy and gather together within the city of London and seasonable aid offered unto the city in this their liberties thereof; and, in a riotous manner, great strait and danger. And this Court, with did break open divers houses, and magazines a general consent, do well approve of the of arms and ammunition, and took away arms, endeavours of the said Committee of the Miplate, money, and other things; and did seize litia for London, for the raising of the forces upon the drums of the Trained Bands of this of this city; and in their procuring of the said city, which were beating to raise their compa- aid and help from his excellency in this exnies; and armed themselves, and beat up drums, tremity, and what else they have done for the and put themselves in a warlike posture, and appeasing and suppressing of the said Toseized upon the gates, chains, and watches of mults. And this Court do give thanks to the this city; and then marched to the lord mayor's said Committee of the Militia, for their care house, and there assaulted, the lord mayor, and pains by them taken upon this sad occa sheriffs, committee of the militia of London, sion; and they do appoint Mr. alderman Fowke and other magistrates of the same; and did to declare the same, their Thanks, to such of shoot into the lord mayor's house, beat back the said committee as are not of this court. his guards, killed one of them, wounded divers And this court do also, with all thankfulness, others, and seized and took away a piece of acknowledge the pains and care of the right ordnance from thence, with which they did hon, the lord mayor, and the right worshipful afterwards slay and wound divers persons, and the sheriffs of this city, therein. And this court committed many other outrages. All which do generally declare, That it is the duty of

The following Act of Common Council, as delivered to the house of lords this day by some Aldermen and others, gives a fuller Account of this Tumult:

every citizen of this city by himself, and all that do belong unto him, or is under his command, to be ready, upon all occasions, to be aiding and assisting unto the lord mayor, and the rest of the magistrates of this city, for the suppressing of all tumults and disorders within the same. And the several persons now present at this Common Council, by the holding up of their hands, have promised, That, for the time to come, they will use their utmost endeavours, and be ready upon all occasions, to do the same. April 11."

The next ensuing Sunday was appointed by the lords as a day of Thanksgiving for this Deliverance; and a Letter of Thanks was written to the General for bis care and diligence in this

matter.

Articles of Impeachment against sir John Gayre.] April 14. The commons sent up to the lords their Articles of Impeachment against sir John Gayre, knt. which were read as follows:

will and pleasure. That the said sir John Gayre, together with the said John Langham, &c. and other reformado officers and soldiers and other persons; which reformadoes, by ordinance of parliament, the lords and commons assembled in parliament, for their tumultuous carriage towards the parliament, were commanded to depart out of the cities of London and Westminster, and 20 miles about the late lines of communication; and the execution of the said Ordinance was committed to the said sir John Gayre, &c. the then Militia of the city of London, who were, by divers orders of the house of commons, put in mind of their duty, and required to put the said ordinance duly in execution, which they did not do; but did, at the times and places aforesaid, traiterously and seditiously procure, abet, maintain, and encourage the said reformado officers and soldiers, and many Apprentices of the city of London, and divers other persons ill-affected to the proceedings of parARTICLES of the Commons assembled in liament, by open force and violence, and with Parliament, in Maintenance of their armed power, to compel and enforce the houses Impeachment against Sir John Gayre, of parliament to revoke, annul, and make void knight, Alderman of the City of an Ordinance of parliament, made and passed London, whereby he stands charged by the lords and commons, now assembled in of High Treason, and other high parliament, the 23d day of July last. (See p. Crimes and Misdemeanors. 712.) And likewise, by such open force and "That upon the 26th of July last past, and violence, and armed power, to compel and endivers days before and since, be the said sir force the said lords and commons, assembled John Gayre, being then lord mayor of Lon- in parliament, to revoke, annul, and make don, at the Guild-hall, and other places within void a Declaration, made by the said lords and the said cities of London and Westminster, commons the 24th of July last. (See p. 714.) and counties of Middlesex and Surry, con- And further, by the said open force and viotrary to his oath and duty as lord mayor of lence, and with armed power, to compel and London, and against his allegiance, hath, to- enforce the said lords and commons, in pargether with Thomas Adams, John Langham, liament assembled, to make and ordain an Orand James Bunce, aldermen of London; Wm. dinance of parliament of the 26th of July, Drake, Jeremiah Bains, John Milton, Thomas whereby they made the ordinance of parliament Papillion, Richard Rumney, and Richard Crook, of the 4th of May, for and concerning the MiCitizens of London; and with col. Sydenham litia of the city of London, formerly repealed, Pointz, col. John Dalbier, col, James Midhop, to be in full force and virtue, any thing in the capt. Robert Massey, and other Reformado Ordinance of the 23d of July to the contrary oticers and soldiers, and other persons, ma- notwithstanding. And the said col. James liciously and traiterously plotted and endea- Midhop, capt. Robert Massey, and the said voured, with open force and violence, and with other reformado officers and soldiers, apprenarmed power, to compel and enforce the lords tices, and others the said ill-affected people, by and commons, then assembled in parliament the procurement, abetting, maintenance, enat Westminster, to alter the laws and ordi-couragement, and assistance of the said sir Hances by parliament established for the safety and weal of the realm; and likewise, maliciously and traiterously, to raise and levy war within the places aforesaid, against the king, parliament, and kingdom; and accordingly, at the times and places aforesaid, hath, with the persons aforesaid, and others, maliciously and traiterously raised and levied war against the king, parliament, and kingdom; and together with the persons aforesaid, with open force and violence, and with armed power, did, at the times and places aforesaid, maliciously compel and enforce the said lords and commous, in parliament assembled, to alter, annul, and make void several laws and ordinances by parliament established, and to make new Jaw and ordinances according to their own

John Gayre, &c. did accordingly, traiterously and maliciously, with open force and violence, and with armed power, upon or about the 26th of July, compel and enforce the said lords and commons, in parliament assembled within the city of Westminster, to repcal and make void the aforesaid Ordinance of the 23d of July; and also revoke, annul, and make void the aforesaid Declaration of the 24th of July; and to make again and pass the said Ordinance for the Militia of the 4th of May, formerly repealed. And by the said open force and violence, and armed power, and by the procurement, abetting, maintenance, encouraging, and assistance as aforesaid, did, on or about the 26th of July, traiterously and maliciously compel and enforce the house of commons to

vote, That the king should forthwith come up to the city of London; which procuring, abetting, maintaining, encouraging, and actual force as aforesaid, was procured and done to the intent and purpose to annul and make void several laws and ordinances made by the lords and commons assembled in parliament for the safety and welfare of the people of this realm, and to destroy and take away the just power and authority of the parliament; and to the further intent, that be the said sir John Gayre, with others his said confederates, might be the better enabled to carry on their traiterous design of levying the said war against the king, parliament, and kingdom.-That, in further prosecution of his said traiterous levying the said war, and other his traiterous plottings, contrivances, and abetting as aforesaid, he the said sir John Gayre, &c. and other persons, caused many of the reformado officers and soldiers, and many regiments of other armed men, to the number of 10,000 armed men, and upwards, upon or about the 30th of July last past, to be listed and raised; and being so listed, armed, and raised, to be employed with weapons of war, offensive and defensive, in a warlike manner, 'to fight against the Army under the command of sir Tho. Fairfax, who was, by Ordinance of lords and commons,assembled in parliament,appointed to defend the parliament and kingdom, and was then marching up to the city of London to that purpose: and the said sir John Gayre, and the said reformado officers and soldiers, and persons aforesaid, with the said regiment of armed men and other forces, at the time aforesaid, did levy actual war within the cities of London, and Westminster, counties of Middlesex and Surry, against the king, parliament, and kingdom.-By all which means and ways, he the said sir John Gayre hath, traiterously and maliciously, complotted, continued and actually levied war against the king, parliament, and kingdom, and hath traiterously and maliciously plotted, contrived, procured, and abetted the forcing of the said houses of parliament as aforesaid; which actually by him, and his abetment and procurement, hath been done accordingly for all which they do impeach him of High Treason against the king, his crown and dignity. And the said commons, by protestation, saving to themselves a liberty of exhibiting, at any times hereafter, any other accusation or impeachment against the said sir John Gayre; and also of replying to the Answers that the said sir John shall make to bis said Articles, or any of them, and of offering further proof also of the premises, or any of them, or any other Impeachment or accusation that shall be, by them, as the cause shall, according to the course of parliament, require, do pray that the said sir John be put to answer all and every the premises; and that such proceedings, examinations, trial, and judgment may be upon every of them had and used, as is agreeable to law and jus

tice."

Hereupon the lords ordered, That sir John Gayre, now prisoner in the Tower, be breas to their bar on Wednesday next to receive th Charge brought up from the house of common against him.

The Lords fine sir J. Gayre 500l. for a C-xtempt.] April 19. The lieutenant of the Tow having brought up sir John Gayre to the house of lords, the Speaker commanded him to kee at the bar as a delinquent; which he refused to do, and desired to be heard: but being commanded again to kneel, and be stil res ing to do so, the lords directed him to waidraw; and then taking into consideration the high Contempt hereby offered to their hous fined him 500l. to the king, to be present v estreated into the exchequer.-Sir John le: called in again, and told by the Speaker, The the lords had fined him 500/. for his high ( tempt; and the Impeachment being then mi in his presence, he said, He disavowed and u horred the offences which he had heard read him: he also desired a copy of his charge, time to answer it, and that such council as be shout desire might be assigned him; which the ra agreed to.

April 12. The Articles of Impeacharst brought up from the commons against Thom Adams, alderman of the city of London, w read: but, being the same as those against st John Gayre, it is unnecessary to repeat them

The Earl of Northumberland's Narratix the Duke of York's Escape.] April 22. Th carl of Northumberland 'acquainted the late that the duke of York had conveyed hiss privately from St. James's, none of his serves knowing of it. On which that house order a present conference with the commons, a Į which the earl was to make the Narrative " | the manner of the duke's Escape, as he th had done. It was afterwards agreed by m lords, that the matter, to be communicated t the commons at this conference, should be follows:

"That the lords do well remember that t was reported to both houses from the c mittee of lords and commons at Derby-Ha upon a former design of the duke of York'sp ing away, that the earl of Northumberland sired that he might not be further accountsle for the duke of York; for that it appeared there was a design of taking him away, and that the duke was consenting to it. The sam declaration was likewise made by the said ca in the house of peers; yet notwithstanding th report and declaration of the said earl, ups, the receipt of two letters from the duke York, directed to the Speakers of both house, by which he engaged his honour and faith ne to engage himself any more in such busines, both houses did, by a Vote of the 2d of March, 1647, desire the earl of Northumberland take the best care he could of the said dur and the rest of the King's Children, and continue them still under his charge and com which the said earl did accept, so as be m not be accountable if any such accident shesht

ll out as that he should go away. Upon nsideration thereof, and the account which e earl hath this day given, the lords do deare, that they are fully satisfied that the said rl hath discharged his duty and trust so far could be expected from him."

The commons gave their concurrence to this eclaration of the lords, and immediately reved that the allowance, made by parliament the duke of York, should be taken off. Proceedings on the Impeachment against derman Adams, &c.] April 26. Alderman dams was brought to the bar of the lords, to ceive his Charge of high treason, and other gh crimes and misdemeanors brought up om the commons against him; where, being mmanded to kneel as a delinquent, he deed to be excused from kneeling; which aner the lords took for a Contempt; and, after mmanding him to withdraw, fined him 500. be estreated into the exchequer, and levied thwith. Then he was called in again, and Speaker told him, That their lordships had ed him 500l. for his high contempt to that use, in refusing to kneel at their bar; and en commanded his Charge to be publicly ad to him, which was accordingly done. ext the Speaker told him he should have a py of his Charge, if he desired it, and counassigned him; which was accordingly orred.

Next John Langham and James Bunce, ermen, were called in separately, and both to the bar and commanded to kneel; ich they also refusing, were each fined Ol, for their Contempt, and were remanded ck to the Tower. The fines were orderto be estreated forthwith, and copies of writs for that purpose are entered in the

rnals.

Information of the Scots intending to march o England. On the 23d of this month ormation had been made upon oath, before lord mayor of London, by one John Everard, That he being in bed at the Garter Inn at indsor, three days before, over-heard some lemen in the next chamber (who he believed re officers of general Fairfax's Ariny) discourstogether to this effect; "That they doubted t but the Scots would come in, and that the y of London would join with the Scots; preventing of which they found no way t to disarm the city, friend and foe; and erwards they would intimate, that such as re friends to the Army should come forth o the fields and there be armed, and also intained at the charge of the citizens, so g as was thought fit to continue them, and keep the rest in awe: that the city should vance a million of money, or else be plunder and that they had acquainted comssary-general Ireton therewith." *

The following account of the state of rties in Scotland, at this time, is given by r. Hume: "Three parties now prevailed in otland: The Royalists, who insisted upon VOL. III.

Petition from the City of London to both Houses thereupon.] April 27. The lord mayor, aldermen, and common council of London presented a Petition to both houses, (to which was annexed a copy of Everard's Information) setting forth, "that they had received divers reports to the same effect, by letters from different parts of the kingdom, and from the restoration of the king's authority, with out any regard to religious sects or tenets: of these Montrose, though absent, was regarded as the head. The Rigid Presbyterians, who hated the King, even more than they abhorred toleration; and who determined to give him no assistance, till he should subscribe the Covenant: these were governed by Argyle. The Moderate Presbyterians, who endeavoured to reconcile the interests of religion and the crown, and hoped, by supporting the presbyterian party in England, to suppress the Sectarian Army, and to reinstate the parliament, as well as the king, in their just freedom and authority: the two brothers, Hamilton and Laneric, were leaders of this party. When Pendennis Castle was surrendered to the parliamentary Army, Hamilton, who then ob tained his liberty, returned into Scotland; and being generously determined to remember ancient favours, more than recent injuries, he immediately embraced, with zeal and success, the protection of the royal cause. He obtained a vote from the Scottish parliament to arm 40,000 men in support of the King's authority, and to call over a considerable body under Monro, who commanded the Scottish forces in Ulster. And though he openly protested, that the Covenant was the foundation of all his measures, he secretly entered into correspondence with the English royalists, sir Marmaduke Langdale and sir Philip Mus grave, who had levied considerable forces in the north of England.-The General Assembly, who sat at the time, and was guided by Argyle, dreaded the consequence of these measures, and foresaw that the opposite party, if successful, would effect the restoration of monarchy, without the establishment of presbytery, in England. To join the King before he had subscribed the Covenant, was, in their eyes, to restore him to his honour before" Christ had obtained his; and they thundered out anathemas against every one who paid obedience to the parliament. Two supreme independent judicatures were erected in the kingdom; one threatening the people with damnation and eternal torments; the other with imprisonment, banishment, and military execution. The people were distracted in their choice; and the armament of Hamilton's party, though seconded by all the civil power, went on but slowly. The royalists he would not as yet allow to join him, lest he might give offence to the ecclesiastical party: though he secretly promised thein trust and preferment as soon as his army should advance into England."

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