hat were on board, that his highness took great | claration, which we send you herewith, to give fence at some conceived discourtesies from satisfaction to the whole kingdom of England, he town; and that sending some messengers in the Grounds and Reasons of our present n shore to provide flesh-victuals, they were undertaking: but we think fit notwithstanding, ot suffered to come on shore, but driven back to make a particular Address to you as the y the troopers; whereupon we thought fit to most considerable part of the kingdom; being and two of our brethren on board the Prince, extremely desirous that the city of London ad did it this day in the morning, to satisfy should be fully satisfied that our intentions are s highness touching those misapprehensions; just and honourable, and such as we have prohich was very well taken by him, and very fessed in our said Declaration, for the peace od respect given to our messengers; and this and happiness of all his majesty's subjects; ly desired, that we should accommodate his and we cannot despair of gaining a belief and hness with some small provisions for his moconfidence with you, when it shall appear ey, (which was readily assented unto) and that our actions and proceedings are conformpressing to them that there were no designs able to our professions, and in order to those on this place, or for the ships to come public ends and that happy Settlement of the ther, but that they were driven into the road kingdom, which we have proposed as the cross winds, going for the Downs, on Fri- chief end of all our Endeavours. And because y last, and would be gone again the first fair there are divers Ships now stayed in the Downs nd. His highness was pleased to give a fair by our order, whereof some of great value smission to our messengers, and the wind belong to members of the city of London; to ming more to the West this afternoon, the prevent all misinterpretation of our intentions ips weighed anchor and set sail, and are in that particular, we think fit to assure you, e to the Downs.-Yesterday the two com- that we are so far from intending violence to nies, ordered by your honours for our assist- the persons or goods of any of that city, or any ce, being sent down, we advised with sir other particular advantage therein, that our hn Wentworth, major Jermy, and Mr. only aim and end is to procure a subsistance ewster, to have them drawn up, one com- for the Navy under our command; that thereby ny on the right side of the town, and the we may be enabled to protect the ships, vessels, her company on the left side, without en- and goods, and to secure the trade, not only nce into the town; which was assented unto of the city of London, but of all other his all parties, as being thought more conve- majesty's good subjects: and being for the ent, and to do better service than to come present utterly unable to provide for so great This is all the Account we can give your a charge, as having been for some years demours in these affairs, which we humbly pray prived as well of our own estate, as of the supy be accepted, together with our humble plies we might have drawn from the bounty of inks for the great care of the safeguard and the king our royal father, we think fit to have urity of our town; and so relying upon your recourse to you; desiring you to supply us ours, with a tender of our humble duties with the present sum of 20,000l. to be employed i service, wercst, Your &c. Tho. Menthorp, for the support and subsistance of the Navy ael Ingram, Bailiffs, July 24." P. S. This now under our command.-To this end, we losed Copy was delivered to our messengers shall put the same into the bands of such twent on board, but without any desire for persons, as shall render an exact Account to engage upon the same. thereof, which shall be communicated to you; and being thus furnished by you in this necessity, for which we have no other means to make provision, we shall immediately discharge all ships of merchandize, which have been stayed by our fleet, though of a far greater value than the sum we desire; shall carefully hereafter protect the ships and goods, and secure the trade and commerce of that city, which we conceive to be one of the proper and natural employments of his majesty's Navy; and for which, as for other reasons, it hath always been maintained out of the Customs paid to his majesty; out of which, as soon as it shall be in our power, we shall take care to have the said sum of 20,0001. repaid you. And so desiring a present supply, the pressing necessities of the Fleet admitting no delay, we bid you heartily farewell. Given under our Hand and Seal the 29th of July, in the 24th year of the reign of our Royal Father the King." The DECLARATION of his Highness Prince CHARLES, to all his Majesty's loving The Prince of Wales's Letter to the Lord yor of London.] The Paper referred to in foregoing Letter, which is entered in the ds Journals, contains the Heads of a De"ation from the Prince of Wales, setting h the Reasons of his Appearance on board Fleet; and ordered to be digested into n by the lords Willoughby of Parham, ton, Colepeper, and his highness's secre: this, being printed both in Rushworth Whitlocke, we purposely omit; in order make way for the Declaration at large, ch was, soon after, sent inclosed in the foling Letter from the Prince to the lord For, aldermen, and common council of the of London.* harles Pr. Right Trusty and Well-beloved, and Trusty and Well-beloved, we greet you well: We have endeavoured by our public De Both these are taken from the original ion, printed by Royston. Subjects, concerning the Grounds and their and our enemies may not abuse any of them with false suggestions or misinterpretations of our proceedings, we hereby, with that candour and sincerity which becomes a Chr tian and a prince, declare and publish to the and ends of this our engagement are these, and none other: 1. The Honour of God's holy Name, in the defence of the true Protestant Religion, and his Divine Worship, against ali opposers whatsoever; and particularly agains the heresies, schisms, scandalous doctrines and "How naturally and strongly our particular interest inclineth us to contribute our utmost endeavours towards the settling of a well-whole world, that the true grounds, reasons. grounded and lasting Peace, in all his majesty's dominions, is notoriously evident to every man of common understanding, that considereth the relation we have to them, as Heir Apparent to the Crown, together with the measure of our present sufferings, and the portion which we are to expect in such a happy Settle-practices declared against in his majesty's ment besides which particular consideration, we find ourself charged with a more public duty, both to the King our father in his present distress, as likewise to all his loyal subjects in this their common calamity, obliging us to lay hold on all opportunities which shall be offered us, proper to obtain this blessed Peace; that only being able to free his majesty and all his good people from their present sufferings, and to restore him and them to that happiness which the practices, power, and violence of evil men, the now enemies of peace, have bereaved them of. This blessed Peace is that which we humbly and earnestly implore of Almighty God in our daily prayers; and which is, and shall be, the principal and ultimate end of all our councils and resolutions, and particularly of this our present undertaking; on which | we beg a blessing of the God of Peace, as this our profession is real and sincere. Neither ought it to seem strange to any, that thus professing for peace, we now appear in arms, as well in person at sea, as likewise by our correspondency and commissions at land; since the malice and wicked arts of these peace ́haters, against whom we now declare as public enemies to God and good men, have rendered all other endeavours to obtain the same vain and ineffectual; and thereby utterly obstructing all means of reconciliation betwixt his majesty and bis people, have compciled us to this last, and indeed only, expedient that is left us so that, being thus necessitated either to sit still as unconcerned, whilst the King our father is a close prisoner in the power of his enemies, and whilst all his good people lie miserably groaning under the cruel tyranny of fellow subjects; or, by force of arms, to endeavour to free him and them from these unheardof outrages as our election in this case is easily made, so ought all men to look upon us thus engaged as acting in order to that peace, and prosecuting the only means left to obtain the same. Being thus rightly understood by those whose interest, as well as their duty, obligeth them to join with us in this good work; as we shall, in the first place, look up to Heaven for a blessing from the Lord of Hosts on this good cause, so we shall desire, and expect, the ready and cheerful assistance of the hearts and hands of all his majesty's good subjects, as opportunity, effectually to appear with and for us, shall be offered to hem. And that the usual cunning arts of Agreement with the Scots Commissioners, * The motives to the King's signant Agreement, and the Articles thereof, maj seen in lord Clarendon, vol. 5. p. 101. 謎 650 . 50. Men. 260 40. 36 170 List of the Ships which had joined the Prince.] 650. . 160 . 160 28. . 100 300 250 24 90 180 hose loyalty to his majesty, and good affec-under; by obtaining, maugre all opposition, ons to the kingdom of England, we are fully this blessed Peace (it being visible to all isfied. And we more especially exhort the men, and confessed even by those that live y of London and the port-towns of England, upon the spoil of the people, that nothing but on whose actions the eyes of the whole king- a speedy peace can preserve the kingdom from m are particularly fixed, by their good ex- utter ruin); but, on the contrary, that they ple, to encourage all the people of England join and associate themselves as one man, nfully to shake off the heavy yoke now in- against the power and practices of all persons sed ou them by force of arms, as on a con- whatsoever, who, under specious pretences, ered nation; and instead of that lawless propose to themselves their particular ambitious wer which now depriveth them of the se- ends in the change of the happy government. ity of their persons, and the property of of England; which, if not thus prevented, will -ir goods and estates, to vindicate the just necessitate not only the continuance of the hts of free-born subjects of England, in seek- present miseries, but will entail the same to their protection under the government of posterity, and kindle a bloody war for many ir undoubted sovereign lord our royal fa- generations to come; which God of his mercy -r, and the law of the land.-Upon these avert." ndations, by the blessing of God on the earful and effectual concurrence of the now deceived people of England, we shall yet be for such a speedy conclusion of the present Fractions, as may prevent the further unnaal effusion of Christian and English blood, the miseries of a new war: to which end, t all prejudices whatsoever, so far as possibly Il be in our power, may be removed, we furdeclare, That we shall not only willingly line the unpleasing memory of all that is t, so far as may concern any, who, upon our invitation, shall return to their duty; shall very particularly accept of, and esteem persons and assistance of those howsoever merly misled, which shall now join with us: I, in particular, we hereby promise, that all officers and soldiers in the lord Fairfax's my, without exception; as likewise all such cers and seamen with the earl of Warwick the good affections of most of whom we are assured) as shall, upon the first proper ortunity, quit that their Engagement, shall Fully satisfied of their Pay and Arrears due them, with assurance of such Indemnity they shall propound, and shall be safely eived into our protection and care.-In the place; we shall desire, that no interested Sons will misinterpret the present stop of vessels, or merchandizes, now made by us in the Downs; our intention not being to ak bulk, or alter the property of the owner -eof, except we shall be compelled thereby the refusal of such reasonable and The earl of Pembroke having expressed great ssary support for our Navy as may enable earnestness in favour of this Resolution of the n and us to subsist, and proceed in our commons, the earl of Lincoln stood up and ent undertaking. Which demand of ours, desired the lords to consider, that the Prince of with sent to the city of London, we hope Wales was on board one of the revolted ships, nan will think unreasonable who considers, and he hoped that noble peer would not have , by the laws of the land and practice of a commission granted so at large as to kill the times, the Customs and Sea-Duties have Prince. To which the earl of Pembroke ann granted, and ought to be employed, for swered with great warmth, That he loved the maintenance of the king's Navy, as the Prince as well as himself; and if he were out per and natural provision for the same.— of the house he would call the earl of Middlesex now, for conclusion of what we have to to account for his words.' To this the latter we conjure all the good subjects of Eng-replied, He knew not what spirit might be in , by the duty they owe to God and man, the earl of Pembroke now he was an old man, by all that is precious to themselves, that but that he was sure his lordship was of another ybe not discouraged in their attempt to E the nation from the tyranny they live Both Houses order the Earl of Warwick to fight with the revolted Part of the Fieet.] July 28. These revolted Ships had perplexed the parliament very much. Some Orders had been made to allow time for them to come in, and their whole Arrears to be paid them : all which having no effect, the commons sent up to the lords the following Vote for their concurrence: "That the earl of Warwick, lordhigh-admiral of England, be authorized and required to fight with the revolted Ships; or any person or persons, of any condition or quality whatsoever, that shall be upon the said Ships; or shall join with them; or shall any way oppose the power and authority of parliament." * Mercurius Pragmaticus, No. 18. temper when he was young.'--At length, the question being put for concurring with the commons in giving power to the lord-Admiral as proposed, it passed in the affirmative; but the earls of Rutland, Suffolk, Lincoln, Middlesex, and the lord Hunsdon, entered their dissent. is every Englishman's birth-right; and you are the conservators of the law, in which are wrap ped up our lives, liberties and estates.-M. Speaker: without any further preamble or introduction, I shall acquaint you briefly with the sufferings of lieut. col. John Lilburne, who hath been imprisoned two years illegally by the lords, who by law have no jurisdiction over commoners, in criminal cases, against ther Both Houses agree to a Personal Treaty with the King in the Isle of Wight.] The same day, the commons took into consideration the Man-wills. About 4 years since, there was a great ner of settling a Peace with the King; aud the question being put to adhere to their former Vote, "That the King should assent to the three Propositions previous to a Treaty," it passed in the negative by 71 against 64. Then it was resolved, "That a Treaty be had in the Isle of Wight, with the King in person, by a committee appointed by both houses, upon all the Propositions presented to him at HamptonCourt, and for the taking away of Wards and Liveries, for settling a safe and well-grounded Peace." But it being moved, to add these words and not elsewhere,' the Yeas and Noes were each 57. Whereupon the Speaker turned the scale by giving his Vote against the Addition proposed. A remarkable instance of the equality of the Presbyterian and Independent parties at this juncture. July 29. The foregoing Vote being sent up to the lords, they not only agreed to it, but also sent a Message to the other house to desire, "That the Committee for Peace might meet the next day, to consider of all the circumstances necessary for the safe and speedy carrying on this Treaty with the King; in particular, That his majesty might be, with honour, freedom, and safety, in such place in the Isle of Wight as he should make choice of; and also concerning the time when the said Treaty should begin." "To both which desires the commons agreed. Sir John Maynard's Speech in favour of Colonel John Lilburne, Prisoner in the Tower.] We shall conclude our account of the proceedings of this month with a Speech made by sir John Maynard, (one of the Eleven Members accused by the Army, and lately restored to his scat in the house) on beltalf of the famous colonel John Lilburne, of whom frequent notice has been taken in this parliament. The last mention we made of him was in July 1646, (p. 493) when he was sentenced by the house of lords to pay a Fine of 4000l. and to be committed to the Tower for 7 years, where he had continued prisoner ever since, although many attempts had been made in parliament for his release. Sir John Maynard spoke thus: "Mr. Speaker; We are called hither as trustees and representatives of the people; and it is our duty to represent to you the Grievances of any which are injured or oppressed: to be as careful of them as ourselves, being the essential part of our privileges. The law of the land London, printed for J. Harris. Aug. 11, 1649. falling out betwixt lieut. col. Lilburne, and col King, his officer; both faithful men to your ser vice, and of high spirits, fierce and resolute the difference grew to such a height, that beat. col. Lilburne complained to his commander a chief, the earl of Manchester, that col. Kaş had betrayed Crowland, &c. and humbly be sought his lordship to call a council of war, a he would make good his accusation. The al of Manchester, hoping to compose the d ence, put it off, and lieut. col. Lilburne pes sisted; but, seeing justice delayed, he came to London, and divulged abroad that col E was a traitor to his trust; whereupon t King sued him, at common-law, in an actua of 2000/. and lieut. col. Lilburne applied self to the house of commons, praying the whole business might be heard and th at a Council of War, by that Ordinance wi was established in the earl of Essex's Artics, they being both soldiers, and having subjected themselves to the law martial: for lieut. Lilburne knew, by the letter of the comma law, he was gone, it being treason by the cu mon law to hold a fort or castle against te king.-It seems this business depended bein Judge Reeves, who was a faithful wit judge, and never deserted the parliament, hit adhered when we were in the lowest can tion: but lieut. col. Lilburne, being yourg hot, wrote a letter to Judge Reeves, where he expressed himself in acrimonious lang which had better been forborne; and, in a tirical way, shewed how he was hardly d withal both by him and the earl of Manch ter; and spake truth in sharp language, 6 That the Judges took many extraonlay fees which they could not justify by 'that the proceedings in their courts were 'irregular, that no man knew where to 'them; and that the earl of Manchester delayed him justice, &c.' Hereupon be convened before the lords. The earl of Man chester, being Speaker of the house of pern, pro tempore, asked lieut. col. Lilburne, Wie ther he did not deliver to Judge Reeves a scandalous Paper? lieut. col. Lilberee swered, That his lordship was judge and pa in his own cause; that he was in England not in Spain; and the quære put unto b like the oath ex officio, which procesine they themselves had condemned as tyre and unjust, a little before in his own that by law no man ought to be asked such un ensnaring question, whereby he might ca himself; that if he had offended, the open; and therefore he appealed to the bee commons, as his competent judges, being | lutely determine the business: but such is peers and equals; and then delivered his his misfortune, that he is since committed by test against their jurisdiction: whereupon a warrant of this house, upon the single inwas commanded to withdraw, and commit- formation of one Mr. Masterson, a minister, to prison for so protesting.-Not long af- who was not sworn: and truly, Mr. Speaker, he was sent for a second time before the I conceive it one of his greatest sins and errors ds, and commanded to kneel, which he that he hath committed, viz. His idolizing this solutely refused, as a subjection to their house; for he believes that you are the Suisdiction; so they remanded him to prison preme Authority, and the Chief Judicatory, De kept close, not suffering wife, child, or in representing the people, from whom all powother friend to come to him for the space er is derived; according to that maxim, 3 weeks; nor allowing him to enjoy the be- 3 Quicquid efficit tale, est magis tale:' But I It of pen, ink, or paper. After 3 weeks have shewed him the contrary, as you may find prisonment, he was again forced before the it in the first of Henry 4. Mem. 14. No 79. ds, into whose house he went with his hat where the commons made their Protestation, his head; and, being there, refused to hear That they had no Jurisdiction but in making Charge read: this was rashly done; but you of Laws, and Money Matters, as granting w, Mr. Speaker, what Solomon saith, op- Subsidies, &c." And truly I conceive it ssion will make a wise man mad.' After not honourable nor just, that we, that are t. col. Lilburne had made this one fault, (for legislators, should be Administrators or execuonceive he had committed none before, but tioners of justice; but to leave these petty the injustice rested upon the lords) he was things to the constables, justices, and judges, d 4000!, for his contempt, and 7 years in- whom we may call to question, and punish if sonment. Upon the whole matter I beseech there he occasion.—Mr. Speaker: I dare not judge in point of law and equity, Whether speak against your warrant for what is past; was not like a Council-Table or Star-Cham- but I pray observe, it is a prison door with sentence? and I pray observe likewise the two locks and balts upon it; so that it is imarrant, which the judges confessed was il-possible the prisoner should ever get out, but al when lieut. col. Lilburne pleaded upon die in prison. Lieut. col. Lilburne is comHabeas Corpus.-I shall acquaint you with mitted in order to his trial at law, and yet is ne precedents, where you have relieved com- debarred all law; for, upon his pleading, when ners committed by the lords, and fined in he had brought his Habeas Corpus, the judges = parliament, in the like case. Col. King confessed the warrant to be illegal, and yet ing a difference with the lord Willoughby they durst not release him: Secondly, The Parham, the lords took upon them to hear Cause is general, which is nothing in law, viz. cause against col. King's will; they fined For treasonable and seditious Practices, &c.' 1 500l. and committed him to the Fleet. But sir Edw. Coke tells us the particular treaonel King appealed to the house of com- son is to be expressed; and that which is ns, and shewed that the lords had no juris-worst of all, the Word of God doth not warrant tion over him; and so he was released by house of commons, and the fine discharged. Captain Massey, under the command of onel Mainwaring, being one of the guards had opened the Commissioners of SectI's packets, being for the same committed the Fleet, the house of commons released ; and inclined to have rewarded him. case was the same with this, and the proceedings, as to Mr. William_Larner, kseller, his brother, and his maid.-But t which is most observable is, that Mr. hard Overton, who affronted the lords more n lieut. col. Lilburne, by protesting to their es against them, at his first coming before m; and afterwards appealed to the house commons, and all the commons of England, particularly to the General and whole ny; yet notwithstanding, the lords approved is Protestation, by their releasing him out rison, without stooping to them: but lieut. Lilburne hath lain 2 years, and above, in on; and all his estate kept from him, to hazard of starving him, his wife, and chila.-Mr. Speaker: you have formerly heard report at large made by Mr. Maynard; thereupon you gave him his liberty to ow his affairs, though you did not absoVOL. III, it for Festus, the pagan and corrupt judge, who expected a bribe from poor Paul, would not send him to Cæsar without specifying the cause in bis Mittimus.-It is not in the power of parliaments to make a law against the law of God, nature, or necessary reason; and it was the chief cause why Empson and Dudley, those favourites and privy counsellors to Henry 7, were beheaded; as it appears in the indictment, which you may read in the 4th Institute, under the chapter, Court of Wards,' for subverting the fundamental laws of the land: they had an act of parliament for their indemnity, as 11 Henry 7, wherein the judges were authorized to proceed by information, whereas. by law it should have been by indictment; and they were to judge by discretion, which was contrary to law, for it ought to have been by Juries of 12 men.---I beseech you, for the time to come, that we commit none but our own members; and that we avoid these old Council Table Warrants, which run in generals, during pleasure;' which was the cause of that excellent law, got with so much difficulty, called The Petition of Right: That for abolishing the Star-Chamber, and re, * See vol. 1. p. 281. 3 Q |