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The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) cover

The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)

Chapter 6: PART III.
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The volume gathers political and legal writings that probe how reason underpins law, debates the limits of judicial authority versus statute, and considers the social causes and progression of civil war. It offers a historical analysis of political breakdown and factional conflict, followed by extended treatments of rhetoric and sophistry that set out rules for persuasive speech, examples of rhetorical figures, and methods to detect fallacious argument. Across dialogues and treatises, the pieces combine practical guidance for legal and rhetorical practice with philosophical reflection on authority, obedience, and the public uses of persuasion.

B. Though they that were killed were most damnable impostors, yet the act was cruel.

A. It was so. But were not the priests cruel, to cause their Kings, whom a little before they adored as Gods, to make away themselves? The King killed them, for the safety of his person; they him, out of ambition or love of change. The King’s act may be coloured with the good of his people; the priests had no pretence against their kings, who were certainly very godly, or else would never have obeyed the command of the priests by a messenger unarmed, to kill themselves. Our late King, the best King perhaps that ever was, you know, was murdered, having been first persecuted by war, at the incitement of Presbyterian ministers; who are therefore guilty of the death of all that fell in that war; which were, I believe, in England, Scotland, and Ireland, near 100,000 persons. Had it not been much better that those seditious ministers, which were not perhaps 1000, had been all killed before they had preached? It had been, I confess, a great massacre; but the killing of 100,000 is a greater.

B. I am glad the bishops were out of this business. As ambitious as some say they are, it did not appear in that business, for they were enemies to them that were in it.

A. But I intend not by these quotations to commend either the divinity or the philosophy of those heathen people; but to show only what the reputation of those sciences can effect among the people. For their divinity was nothing but idolatry; and their philosophy, (excepting the knowledge which the Egyptian priests, and from them the Chaldeans, had gotten by long observation and study in astronomy, geometry, and arithmetic), very little; and that in great part abused in astrology and fortune-telling. Whereas the divinity of the clergy of this nation, (considered apart from the mixture that has been introduced by the Church of Rome, and in part retained here, of the babbling philosophy of Aristotle and other Greeks, that has no affinity with religion, and serves only to breed disaffection, dissension, and finally sedition and civil war, as we have lately found by dear experience in the differences between the Presbyterians and Episcopals), is the true religion. But for these differences both parties, as they came in power, not only suppressed the tenets of one another, but also whatsoever doctrine looked with an ill aspect upon their interest; and consequently all true philosophy, especially civil and moral, which can never appear propitious to ambition, or to an exemption from their obedience due to the sovereign power.

After the King had accused the Lord Kimbolton, a member of the House of Lords, and Hollis, Haslerigg, Hampden, Pym, and Stroud, five members of the Lower House, of high-treason; and after the Parliament had voted out the bishops from the House of Peers; they pursued especially two things in their petitions to his Majesty. The one was, that the King would declare who were the persons that advised him to go, as he did, to the Parliament-house to apprehend them, and that he would leave them to the Parliament to receive condign punishment; and this they did, to stick upon his Majesty the dishonour of deserting his friends, and betraying them to his enemies. The other was, that he would allow them a guard out of the city of London, to be commanded by the Earl of Essex; for which they pretended, they could not else sit in safety; which pretence was nothing but an upbraiding of his Majesty for coming to Parliament better accompanied than ordinary, to seize the said five seditious members.

B. I see no reason, in petitioning for a guard, they should determine it to the city of London in particular, and the command by name to the Earl of Essex, unless they meant the King should understand it for a guard against himself.

A. Their meaning was, that the King should understand it so, and, as I verily believe, they meant he should take it for an affront: and the King himself understanding it so, denied to grant it; though he were willing, if they could not otherwise be satisfied, to command such a guard to wait upon them as he would be responsible for to God Almighty. Besides this, the city of London petitioned the King (put upon it, no doubt, by some members of the Lower House) to put the Tower of London into the hands of persons of trust, meaning such as the Parliament should approve of, and to appoint a guard for the safety of his Majesty and the Parliament. This method of bringing petitions in a tumultuary manner, by great multitudes of clamorous people, was ordinary with the House of Commons, whose ambition could never have been served by way of prayer and request, without extraordinary terror.

After the King had waived the prosecution of the five members, but denied to make known who had advised him to come in person to the House of Commons, they questioned the Attorney-General, who by the King’s command had exhibited the articles against them, and voted him a breaker of the privilege of Parliament; and no doubt had made him feel their cruelty, if he had not speedily fled the land.

About the end of January, they made an order of both Houses of Parliament, to prevent the going over of popish commanders into Ireland; not so much fearing that, as that by this the King himself choosing his commanders for that service, might aid himself out of Ireland against the Parliament. But this was no great matter, in respect of a petition they sent his Majesty about the same time, that is to say, about the 27th or 28th of January, 1641, |† Feb. 2nd, 1641.| wherein they desired in effect the absolute sovereignty of England; though by the name of sovereignty they challenged it not whilst the King was living. For to the end that the fears and dangers of this kingdom might be removed, and the mischievous designs of those who are enemies to the peace of it, might be prevented, they pray, that his Majesty would be pleased to put forthwith, first, the Tower of London, second, all other forts, third, the whole militia of the kingdom, into the hands of such persons as should be recommended to him by both the Houses of Parliament. And this they style a necessary petition.

B. Were there really any such fears and dangers generally conceived here? Or did there appear any enemies at that time with such designs as are mentioned in the petition?

A. Yes. But no other fear of danger, but such as any discreet and honest man might justly have of the designs of the Parliament itself; who were the greatest enemies to the peace of the kingdom that could possibly be. It is also worth observing, that this petition began with these words, Most gracious Sovereign: so stupid they were as not to know, that he that is master of the militia, is master of the kingdom, and consequently is in possession of a most absolute sovereignty. The King was now at Windsor, to avoid the tumults of the common people before the gates of Whitehall, together with their clamours and affronts there. The 9th of February after, he came to Hampton Court, and thence he went to Dover with the Queen, and the Princess of Orange, his daughter; where the Queen with the Princess of Orange embarked for Holland, but the King returned to Greenwich, whence he sent for the Prince of Wales and the Duke of York, and so went with them towards York.

B. Did the Lords join with the Commons in this petition for the militia?

A. It appears so by the title; but I believe they durst not but do it. The House of Commons took them but for a cypher; men of title only, without real power. Perhaps also the most of them thought, that the taking of the militia from the King would be an addition to their own power; but they were very much mistaken, for the House of Commons never intended they should be sharers in it.

B. What answer made the King to this petition?

A. The following: “His Majesty having well considered of this petition, and being desirous to express how willing he is to apply a remedy, not only to your dangers, but even to your doubts and fears, he therefore returns this answer, That when he shall know the extent of power which is intended to be established in those persons, whom you desire to be the commanders of the militia in the several counties, and likewise to what time it shall be limited, that no power shall be executed by his Majesty alone without the advice of Parliament, then he will declare, that (for the securing you from all dangers or jealousies of any) his Majesty will be content to put in all the places, both of forts and militia in the several counties, such persons as both the Houses of Parliament shall either approve, or recommend unto him; so that you declare before unto his Majesty the names of the persons whom you approve or recommend, unless such persons shall be named, against whom he shall have just and unquestionable exception.”

B. What power, for what time, and to whom, did the Parliament grant, concerning the militia?

A. The same power which the King had before planted in his lieutenants and deputy-lieutenants, in the several counties, and without other limitation of time but their own pleasure.

B. Who were the men that had this power?

A. There is a catalogue of them printed. They are very many, and most of them lords; nor is it necessary to have them named; for to name them is, in my opinion, to brand them with the mark of disloyalty or of folly. When they had made a catalogue of them, they sent it to the King, with a new petition for the militia. Also presently after, they sent a message to his Majesty, praying him to leave the Prince at Hampton Court; but the King granted neither.

B. Howsoever, it was well done of them to get hostages, if they could, of the King, before he went from them.

A. In the meantime, to raise money for the reducing of Ireland, the Parliament invited men to bring in money by way of adventure, according to these propositions. 1. That two millions and five hundred thousand acres of land in Ireland, should be assigned to the adventurers, in this proportion:

For an adventure of 200l. 1,000 acres in Ulster.
300l. 1,000 acres in Connaught.
450l. 1,000 acres in Munster.
600l. 1,000 acres in Leinster.

All according to English measure, and consisting of meadow, arable, and profitable pasture; bogs, woods, and barren mountains, being cast in over and above. 2. A revenue was reserved to the Crown, from one penny to three-pence on every acre. 3. That commissions should be sent by the Parliament, to erect manors, settle wastes, and commons, maintain preaching ministers, create corporations, and regulate plantations. The rest of the propositions concern only the times and manner of payment of the sums subscribed by the adventurers. And to these propositions his Majesty assented; but to the petition of the militia, his Majesty denied his assent.

B. If he had not, I should have thought it a great wonder. What did the Parliament after this?

A. They sent him another petition, which was presented to him when he was at Theobald’s, in his way to York; wherein they tell him plainly, that unless he be pleased to assure them by those messengers then sent, that he would speedily apply his royal assent to the satisfaction of their former desires, they shall be enforced, for the safety of his Majesty and his kingdoms, to dispose of the militia by the authority of both Houses, &c. They petition his Majesty also to let the Prince stay at St. James’s, or some other of his Majesty’s houses near London. They tell him also, that the power of raising, ordering, and disposing of the militia, cannot be granted to any corporation, without the authority and consent of the Parliament, and that those parts of the kingdom, which have put themselves into a posture of defence, have done nothing therein but by direction of both Houses, and what is justifiable by the laws of this kingdom.

B. What answer made the King to this?

A. It was a putting of themselves into arms, and under officers such as the Parliament should approve of. 4. They voted that his Majesty should be again desired that the Prince might continue about London. Lastly, they voted a declaration to be sent to his Majesty by both the Houses; wherein they accuse his Majesty of a design of altering religion, though not directly him, but them that counselled him; whom they also accused of being the inviters and fomenters of the Scotch war, and framers of the rebellion in Ireland; and upbraid the King again for accusing the Lord Kimbolton and the five members, and of being privy to the purpose of bringing up his army, which was raised against the Scots, to be employed against the Parliament. To which his Majesty sent his answer from Newmarket. Whereupon it was resolved by both Houses, that in this case of extreme danger and of his Majesty’s refusal, the ordinance agreed upon by both Houses for the militia doth oblige the people by the fundamental laws of this kingdom; and also, that whosoever shall execute any power over the militia, by colour of any commission of lieutenancy, without consent of both Houses of Parliament, shall be accounted a disturber of the peace of the kingdom. Whereupon his Majesty sent a message to both Houses from Huntingdon, requiring obedience to the laws established, and prohibiting all subjects, upon pretence of their ordinance, to execute anything concerning the militia which is not by those laws warranted. Upon this, the Parliament vote a standing to their former votes; as also, that when the Lords and Commons in Parliament, which is the supreme court of judicature in the kingdom, shall declare what the law of the land is, to have this not only questioned, but contradicted, is a high breach of the privilege of Parliament.

B. I thought that he that makes the law, ought to declare what the law is. For what is it else to to make a law, but to declare what it is? So that they have taken from the King, not only the militia, but also the legislative power.

A. They have so; but I make account that the legislative power, and indeed all power possible, is contained in the power of the militia. After this, they seize such money as was due to his Majesty upon the bill of tonnage and poundage, and upon the bill of subsidies, that they might disable him every way they possibly could. They sent him also many other contumelious messages and petitions after his coming to York; amongst which one was: “That whereas the Lord Admiral, by indisposition of body, could not command the fleet in person, he would be pleased to give authority to the Earl of Warwick to supply his place;” when they knew the King had put Sir John Pennington in it before.

B. To what end did the King entertain so many petitions, messages, declarations and remonstrances, and vouchsafe his answers to them, when he could not choose but clearly see they were resolved to take from him his royal power, and consequently his life? For it could not stand with their safety to let either him or his issue live, after they had done him so great injuries.

A. Besides this, the Parliament had at the same time a committee residing at York, to spy what his Majesty did, and to inform the Parliament thereof, and also to hinder the King from gaining the people of that county to his party: so that when his Majesty was courting the gentlemen there, the committee was instigating the yeomanry against him. To which also the ministers did very much contribute; so that the King lost his opportunity at York.

B. Why did not the King seize the committee into his hands, or drive them out of town?

A. I know not; but I believe he knew the Parliament had a greater party than he, not only in Yorkshire but also in York. Towards the end of April, the King, upon petition of the people of Yorkshire to have the magazine of Hull to remain still there, for the greater security of the northern parts, thought fit to take it into his own hands. He had a little before appointed governor of that town the Earl of Newcastle. But the townsmen, having been already corrupted by the Parliament, refused to receive him, but refused not to receive Sir John Hotham, appointed to be governor by the Parliament. The King therefore coming before the town, guarded only by his own servants and a few gentlemen of the country thereabouts, was denied entrance by Sir John Hotham, that stood upon the wall; for which act he presently caused Sir John Hotham to be proclaimed traitor, and sent a message to the Parliament, requiring justice to be done upon the said Hotham, and that the town and magazine might be delivered into his hands. To which the Parliament made no answer, but instead thereof published another declaration, in which they omitted nothing of their former slanders against his Majesty’s government, but inserted certain propositions declarative of their own pretended right: viz. 1. That whatsoever they declare to be law, ought not to be questioned by the King: 2. That no precedents can be limits to bound their proceedings: 3. That a Parliament, for the public good, may dispose of anything wherein the King or subject hath a right; and that they, without the King, are this Parliament, and the judge of this public good, and that the King’s consent is not necessary: 4. That no member of either House ought to be troubled for treason, felony, or any other crime, unless the cause be first brought before the Parliament, that they may judge of the fact and give leave to proceed, if they see cause: 5. That the sovereign power resides in both Houses, and that the King ought to have no negative voice: 6. That the levying of forces against the personal commands of the King (though accompanied with his presence) is not levying war against the King, but the levying war against his laws and authority (which they have power to declare and signify), though not against his person, is levying war against the King; and that treason cannot be committed against his person, otherwise than as he is entrusted with the kingdom and discharging that trust; and that they have a power to judge whether he discharge this trust or not: 7. That they may depose the King when they will.

B. This is plain dealing and without hypocrisy. Could the city of London swallow this?

A. Yes; and more too, if need be. London, you know, has a great belly, but no palate nor taste of right and wrong. In the Parliament-roll of Henry IV, amongst the articles of the oath the King at his coronation took, there is one runs thus: Concedes justas leges et consuetudines esse tenendas; et promittes per te eas esse protegendas, et ad honorem Dei corroborandas, quas vulgus elegerit. Which the Parliament urged for their legislative authority, and therefore interpret quas vulgus elegeritelegerit, which the people shall choose; as if the King should swear to protect and corroborate laws before they were made, whether they be good or bad; whereas the words signify no more, but that he shall protect and corroborate such laws as they have chosen, that is to say, the Acts of Parliament then in being. And in the records of the Exchequer it is thus: Will you grant to hold and keep the laws and rightful customs which the commonalty of this your kingdom have, and will you defend and uphold them? &c. And this was the answer his Majesty made to that point.

B. And I think this answer very full and clear. But if the words were to be interpreted in the other sense, yet I see no reason why the King should be bound to swear to them. For Henry IV came to the Crown by the votes of a Parliament not much inferior in wickedness to this Long Parliament, that deposed and murdered their lawful King; saving that it was not the Parliament itself, but the usurper that murdered King Richard II.

A. About a week after, in the beginning of May, the Parliament sent the King another paper, which they styled the humble petition and advice of both Houses, containing nineteen propositions; which when you shall hear, you shall be able to judge what power they meant to leave to the King more than to any one of his subjects. The first of them is this:

1. That the Lords and others of his Majesty’s privy-council, and all great officers of state, both at home and abroad, be put from their employments and from his council, save only such as should be approved of by both Houses of Parliament; and none put into their places but by approbation of the said Houses. And that all privy-councillors take an oath for the due execution of their places, in such form as shall be agreed upon by the said Houses.

2. That the great affairs of the kingdom be debated, resolved, and transacted only in Parliament; and such as shall presume to do any thing to the contrary, be reserved to the censure of the Parliament; and such other matters of the state as are proper for his Majesty’s privy-council, shall be debated and concluded by such as shall from time to time be chosen for that place by both Houses of Parliament; and that no public act concerning the affairs of the kingdom, which is proper for his Majesty’s privy-council, be esteemed valid, as proceeding from the royal authority, unless it be done by the advice and consent of the major part of the council, attested under their hands; and that the council be not more than twenty-five, nor less than fifteen; and that when a councillor’s place falls void in the interval of Parliament, it shall not be supplied without the assent of the major part of the council; and that such choice also shall be void, if the next Parliament after confirm it not.

3. That the Lord High Steward of England, Lord High Constable, Lord Chancellor, or Lord Keeper of the Great Seal, Lord Treasurer, Lord Privy-Seal, Earl Marshal, Lord Admiral, Warden of the Cinque Ports, Chief Governor of Ireland, Chancellor of the Exchequer, Master of the Wards, Secretaries of State, two Chief Justices and Chief Baron, be always chosen with the approbation of both Houses of Parliament; and in the intervals of Parliament, by the major part of the privy-council.

4. That the government of the King’s children shall be committed to such as both Houses shall approve of; and in the intervals of Parliament, such as the privy-council shall approve of; that the servants then about them, against whom the Houses have just exception, should be removed.

5. That no marriage be concluded or treated of for any of the King’s children, without consent of Parliament.

6. That the laws in force against Jesuits, priests, and popish recusants, be strictly put in execution.

7. That the votes of Popish lords in the House of Peers be taken away, and that a bill be passed for the education of the children of Papists in the Protestant religion.

8. That the King will be pleased to reform the Church-government and liturgy in such manner as both Houses of Parliament shall advise.

9. That he would be pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering the militia, and recal his declarations and proclamations against it.

10. That such members as have been put out of any place or office since this Parliament began, may be restored, or have satisfaction.

11. That all privy-councillors and judges take an oath, (the form whereof shall be agreed on and settled by act of Parliament), for the maintaining of the Petition of Right, and of certain statutes made by the Parliament.

12. That all the judges and officers placed by approbation of both Houses of Parliament, may hold their places quam diu bene se gesserint.

13. That the justice of Parliament may pass upon all delinquents, whether they be within the kingdom or fled out of it; and that all persons cited by either House of Parliament, may appear and abide the censure of Parliament.

14. That the general pardon offered by his Majesty, be granted with such exceptions as shall be advised by both Houses of Parliament.

B. What a spiteful article was this! All the rest proceeded from ambition, which many times well-natured men are subject to; but this proceeded from an inhuman and devilish cruelty.

A. 15. That the forts and castles be put under the command of such persons as, with the approbation of the Parliament, the King shall appoint.

16. That the extraordinary guards about the King be discharged; and for the future none raised but according to the law, in case of actual rebellion or invasion.

B. Methinks these very propositions sent to the King are an actual rebellion.

A. 17. That his Majesty enter into a more strict alliance with the United Provinces, and other neighbour Protestant Princes and States.

18. That his Majesty be pleased, by act of Parliament, to clear the Lord Kimbolton and the five members of the House of Commons, in such manner as that future Parliaments may be secured from the consequence of that evil precedent.

19. That his Majesty be pleased to pass a bill for restraining peers made hereafter from sitting or voting in Parliament, unless they be admitted with consent of both Houses of Parliament.

These propositions granted, they promise to apply themselves to regulate his Majesty’s revenue to his best advantage, and to settle it to the support of his royal dignity in honour and plenty; and also to put the town of Hull into such hands as his Majesty shall appoint with consent of Parliament.

B. Is not that to put it into such hands as his Majesty shall appoint by the consent of the petitioners, which is no more than to keep it in their hands as it is? Did they want, or think the King wanted, common-sense, so as not to perceive that their promise herein was worth nothing?

A. After the sending of these propositions to the King, and his Majesty’s refusal to grant them, they began, on both sides, to prepare for war. The King raised a guard for his person in Yorkshire, and the Parliament, thereupon having voted that the King intended to make war upon his Parliament, gave order for the mustering and exercising the people in arms, and published propositions to invite and encourage them to bring in either ready money or plate, or to promise under their hands to furnish and maintain certain numbers of horse, horsemen, and arms, for the defence of the King and Parliament, (meaning by King, as they had formerly declared, not his person, but his laws); promising to repay their money with interest of 8l. in the 100l. and the value of their plate with twelve-pence the ounce for the fashion. On the other side, the King came to Nottingham, and there did set up his standard royal, and sent out commissions of array to call those to him, which by the ancient laws of England were bound to serve him in the wars. Upon this occasion there passed divers declarations between the King and Parliament concerning the legality of this array, which are too long to tell you at this time.

B. Nor do I desire to hear any mooting about this question. For I think that general law of salus populi, and the right of defending himself against those that had taken from him the sovereign power, are sufficient to make legal whatsoever he should do in order to the recovery of his kingdom, or to the punishing of the rebels.

A. In the meantime the Parliament raised an army, and made the Earl of Essex general thereof; by which act they declared what they meant formerly, when they petitioned the King for a guard to be commanded by the said Earl of Essex. And now the King sends out his proclamations, forbidding obedience to the orders of the Parliament concerning the militia; and the Parliament send out orders against the execution of the commissions of array. Hitherto, though it were a war before, yet there was no blood shed; they shot at one another nothing but paper.

B. I understand now, how the Parliament destroyed the peace of the kingdom; and how easily, by the help of seditious Presbyterian ministers and of ambitious ignorant orators, they reduced this government into anarchy. But I believe it will be a harder task for them to bring in peace again, and settle the government, either in themselves, or any other governor, or form of government. For, granting that they obtained the victory in this war, they must be beholden for it to the valour, good conduct, or felicity of those to whom they give the command of their armies; especially to the general, whose good success will, without doubt, draw with it the love and admiration of the soldiers; so that it will be in his power, either to take the government upon himself, or to place it where himself thinks good. In which case, if he take it not to himself, he will be thought a fool; and if he do, he shall be sure to have the envy of his subordinate commanders, who look for a share either in the present government, or in the succession to it. For they will say: “Has he obtained his power by his own, without our danger, valour, and counsel; and must we be his slaves, whom we have thus raised? Or, is not there as much justice on our side against him, as was on his side against the King?”

A. They will, and did; insomuch, that it was the reason why Cromwell, after he had gotten into his own hands the absolute power of England, Scotland, and Ireland, by the name of Protector, did never dare to take upon him the title of King, nor was ever able to settle it upon his children. His officers would not suffer it, as pretending after his death to succeed him; nor would the army consent to it, because he had ever declared to them against the government of a single person.

B. But to return to the King. What means had he to pay, what provision had he to arm, nay, means to levy, an army able to resist the army of the Parliament, maintained by the great purse of the city of London and contributions of almost all the towns corporate in England, and furnished with arms as fully as they could require?

A. It is true, the King had great disadvantages, and yet by little and little he got a considerable army, with which he so prospered as to grow stronger every day, and the Parliament weaker, till they had gotten the Scotch with an army of 21,000 men to come into England to their assistance. But to enter into the particular narration of what was done in the war, I have not now time.

B. Well then, we will talk of that at next meeting.


PART III.


B. We left at the preparations on both sides for war; which when I considered by myself, I was mightily puzzled to find out what possibility there was for the King to equal the Parliament in such a course, and what hopes he had of money, men, arms, fortified places, shipping, counsel, and military officers, sufficient for such an enterprise against the Parliament, that had men and money as much at command, as the city of London, and other corporation towns, were able to furnish, which was more than they needed. And for the men they should set forth for soldiers, they were almost all of them spitefully bent against the King and his whole party, whom they took to be either papists, or flatterers of the King, or that had designed to raise their fortunes by the plunder of the city and other corporation towns. And though I believe not that they were more valiant than other men, nor that they had so much experience in the war as to be accounted good soldiers; yet they had that in them, which in time of battle is more conducing to victory than valour and experience both together; and that was spite.

And for arms, they had in their hands the chief magazines, the Tower of London, and the town of Kingston-upon-Hull; besides most of the powder and shot that lay in several towns for the use of the trained bands.

Fortified places, there were not many then in England, and most of them in the hands of the Parliament.

The King’s fleet was wholly in their command, under the Earl of Warwick.

Counsellors, they needed no more than such as were of their own body.

So that the King was every way inferior to them, except it were, perhaps, in officers.

A. I cannot compare their chief officers. For the Parliament, the Earl of Essex, after the Parliament had voted the war, was made general of all their forces both in England and Ireland, from whom all other commanders were to receive their commissions.

B. What moved them to make general the Earl of Essex? And for what cause was the Earl of Essex so displeased with the King, as to accept that office?

A. I do not certainly know what to answer to either of those questions; but the Earl of Essex had been in the wars abroad, and wanted neither experience, judgment, nor courage, to perform such an undertaking. And besides that, you have heard, I believe, how great a darling of the people his father had been before him, and what honour he had gotten by the success of his enterprise upon Calais, and in some other military actions. To which I may add, that this Earl himself was not held by the people to be so great a favourite at court as that they might not trust him with their army against the King. And by this, you may perhaps conjecture the cause for which the Parliament made choice of him for general.

B. But why did they think him discontented with the Court?

A. I know not that; nor indeed that he was so. He came to the court, as other noblemen did, when occasion was, to wait upon the King; but had no office, till a little before this time, to oblige him to be there continually. But I believe verily, that the unfortunateness of his marriages, had so discountenanced his conversation with the ladies, that the court could not be his proper element, unless he had had some extraordinary favour there to balance that calamity. But for some particular discontent from the King, or intention of revenge for any supposed disgrace, I think he had none, nor that he was any ways addicted to Presbyterian doctrines, or other fanatic tenets in Church or State; saving only that he was carried away with the stream, in a manner, of the whole nation, to think that England was not an absolute, but a mixed monarchy; not considering that the supreme power must always be absolute, whether it be in the King or in the Parliament.

B. Who was the general of the King’s army?

A. None yet but himself; nor indeed had he yet any army. But there coming to him at that time his two nephews, the Princes Rupert and Maurice, he put the command of his horse into the hands of Prince Rupert, a man than whom no man living has a better courage, nor was more active and diligent in prosecuting his commissions; and, though but a young man then, was not without experience in the conducting of soldiers, as having been an actor in part of his father’s wars in Germany.

B. But how could the King find money to pay such an army as was necessary for him against the Parliament?

A. Neither the King nor Parliament had much money at that time in their own hands, but were fain to rely upon the benevolence of those that took their parts. Wherein, I confess, the Parliament had a mighty great advantage. Those that helped the King in that kind, were only lords and gentlemen, which, not approving the proceedings of the Parliament, were willing to undertake the payment, every one, of a certain number of horse; which cannot be thought any very great assistance, the persons that payed them being so few. For other moneys that the King then had, I have not heard of any, but what he borrowed upon jewels in the Low Countries. Whereas the Parliament had a very plentiful contribution, not only from London, but generally from their faction in all other places of England, upon certain propositions, published by the Lords and Commons in June 1642, (at what time they had newly voted that the King intended to make war upon them), for bringing in of money or plate to maintain horse and horsemen, and to buy arms for the preservation of the public peace, and for the defence of the King and both Houses of Parliament; for the re-payment of which money and plate, they were to have the public faith.

B. What public faith is there, when there is no public? What is it that can be called public, in a civil war, without the King?

A. The truth is, the security was nothing worth, but served well enough to gull those seditious blockheads, that were more fond of change than either of their peace or profit.

Having by this means gotten contributions from those that were well-affected to their cause, they made use of it afterwards to force the like contribution from others. For in November following, they made an ordinance for assessing also of those that had not contributed then, or had contributed, but not proportionably to their estates. And yet this was contrary to what the Parliament promised and declared in the propositions themselves. For they declared, in the first proposition, that no man’s affections should be measured by the proportion of his offer, so that he expressed his good will to the service in any proportion whatsoever.

Besides this, in the beginning of March following, they made an ordinance, to levy weekly a great sum of money upon every county, city, town, place, and person of any estate almost, in England; which weekly sum, as may appear by the ordinance itself, printed and published in March 1642 by order of both Houses, comes to almost 33,000l., and consequently to above 1,700,000l. for the year. They had, besides all this, the profits of the King’s lands and woods, and whatsoever was remaining unpaid of any subsidy formerly granted him, and the tonnage and poundage usually received by the King; besides the profit of the sequestrations of great persons, whom they pleased to vote delinquents, and the profits of the bishops' lands, which they took to themselves a year, or a little more, after.

B. Seeing then the Parliament had such advantage of the King in money and arms and multitude of men, and had in their hands the King’s fleet, I cannot imagine what hope the King could have, either of victory (unless he resigned into their hands the sovereignty), or subsisting. For I cannot well believe he had any advantage of them either in counsellors, conductors, or in the resolutions of his soldiers.

A. On the contrary, I think he had also some disadvantage in that; for though he had as good officers at least as any then served the Parliament, yet I doubt he had not so useful counsel as was necessary. And for his soldiers, though they were men as stout as theirs, yet, because their valour was not sharpened so with malice as theirs was on the other side, they fought not so keenly as their enemies did: amongst whom there were a great many London apprentices, who, for want of experience in the war, would have been fearful enough of death and wounds approaching visibly in glistering swords; but, for want of judgment, scarce thought of such death as comes invisibly in a bullet, and therefore were very hardly to be driven out of the field.

B. But what fault do you find in the King’s counsellors, lords, and other persons of quality and experience?

A. Only that fault, which was generally in the whole nation, which was, that they thought the government of England was not an absolute, but a mixed monarchy; and that if the King should clearly subdue this Parliament, that his power would be what he pleased, and theirs as little as he pleased: which they counted tyranny. This opinion, though it did not lessen their endeavour to gain the victory for the King in a battle, when a battle could not be avoided, yet it weakened their endeavour to procure him an absolute victory in the war. And for this cause, notwithstanding that they saw that the Parliament was firmly resolved to take all kingly power whatsoever out of his hands, yet their counsel to the King was upon all occasions, to offer propositions to them of treaty and accommodation, and to make and publish declarations; which any man might easily have foreseen would be fruitless; and not only so, but also of great disadvantage to those actions by which the King was to recover his crown and preserve his life. For it took off the courage of the best and forwardest of his soldiers, that looked for great benefit by their service out of the estates of the rebels, in case they could subdue them; but none at all, if the business should be ended by a treaty.

B. And they had reason: for a civil war never ends by treaty, without the sacrifice of those who were on both sides the sharpest. You know well enough how things passed at the reconciliation of Augustus and Antonius in Rome. But I thought that after they once began to levy soldiers one against another, that they would not any more have returned of either side to declarations, or other paper war, which, if it could have done any good, would have done it long before this.

A. But seeing the Parliament continued writing, and set forth their declarations to the people against the lawfulness of the King’s commission of array, and sent petitions to the King as fierce and rebellious as ever they had done before, demanding of him that he would disband his soldiers, and come up to the Parliament, and leave those whom the Parliament called delinquents (which were none but the King’s best subjects) to their mercy, and pass such bills as they should advise him; would you not have the King set forth declarations and proclamations against the illegality of their ordinances, by which they levied soldiers against him, and answer those insolent petitions of theirs?

B. No; it had done him no good before, and therefore was not likely to do him any afterwards. For the common people, whose hands were to decide the controversy, understood not the reasons of either party; and for those that by ambition were once set upon the enterprise of changing the government, they cared not much what was reason and justice in the cause, but what strength they might procure by reducing the multitude with remonstrances from the Parliament House, or by sermons in the churches. And to their petitions, I would not have had any answer made at all, more than this; that if they would disband their army, and put themselves upon his mercy, they should find him more gracious than they expected.

A. That had been a gallant answer indeed, if it had proceeded from him after some extraordinary great victory in battle, or some extraordinary assurance of a victory at last in the whole war.

B. Why, what could have happened to him worse than at length he suffered, notwithstanding his gentle answers and all his reasonable declarations?

A. Nothing; but who knew that?

B. Any man might see that he was never likely to be restored to his right without victory: and such his stoutness being known to the people, would have brought to his assistance many more hands than all the arguments of law or force of eloquence, couched in declarations and other writings, could have done by far. And I wonder what kind of men they were, that hindered the King from taking this resolution?

A. You may know by the declarations themselves, which are very long and full of quotations of records and of cases formerly reported, that the penners of them were either lawyers by profession, or such gentlemen as had the ambition to be thought so. Besides, I told you before, that those which were then likeliest to have their counsel asked in this business, were averse to absolute monarchy, as also to absolute democracy or aristocracy; all which governments they esteemed tyranny, and were in love with monarchy which they used to praise by the name of mixed monarchy, though it were indeed nothing else but pure anarchy. And those men, whose pens the King most used in these controversies of law and politics, were such, if I have not been misinformed, as having been members of this Parliament, had declaimed against ship-money and other extra-parliamentary taxes, as much as any; but who when they saw the Parliament grow higher in their demands than they thought they would have done, went over to the King’s party.

B. Who were those?

A. It is not necessary to name any man, seeing I have undertaken only a short narration of the follies and other faults of men during this trouble; but not, by naming the persons, to give you, or any man else, occasion to esteem them the less, now that the faults on all sides have been forgiven.

B. When the business was brought to this height, by levying of soldiers and seizing of the navy and arms and other provisions on both sides, that no man was so blind as not to see they were in an estate of war one against another; why did not the King, by proclamation or message, according to his undoubted right, dissolve the Parliament, and thereby diminish in some part the authority of their levies, and of other their unjust ordinances?

A. You have forgotten that I told you, that the King himself, by a bill that he passed at the same time when he passed the bill for the execution of the Earl of Strafford, had given them authority to hold the Parliament till they should by consent of both Houses dissolve themselves. If therefore he had, by any proclamation or message to the Houses, dissolved them, they would to their former defamations of his Majesty’s actions have added this, that he was a breaker of his word: and not only in contempt of him have continued their session, but also have made an advantage of it to the increase and strengthening of their own party.

B. Would not the King’s raising of an army against them be interpreted as a purpose to dissolve them by force? And was it not as great a breach of promise to scatter them by force, as to dissolve them by proclamation? Besides, I cannot conceive that the passing of that act was otherwise intended than conditionally; so long as they should not ordain any thing contrary to the sovereign right of the King; which condition they had already by many of their ordinances broken. And I think that even by the law of equity, which is the unalterable law of nature, a man that has the sovereign power, cannot, if he would, give away the right of anything which is necessary for him to retain for the good government of his subjects, unless he do it in express words, saying, that he will have the sovereign power no longer. For the giving away that, which by consequence only, draws the sovereignty along with it, is not, I think, a giving away of the sovereignty; but an error, such as works nothing but an invalidity in the grant itself. And such was the King’s passing of this bill for the continuing of the Parliament as long as the two Houses pleased. But now that the war was resolved on on both sides, what needed any more dispute in writing?

A. I know not what need they had. But on both sides they thought it needful to hinder one another, as much as they could, from levying of soldiers; and, therefore, the King did set forth declarations in print, to make the people know that they ought not to obey the officers of the new militia set up by ordinance of Parliament, and also to let them see the legality of his own commissions of array. And the Parliament on their part did the like, to justify to the people the said ordinance, and to make the commission of array appear unlawful.

B. When the Parliament were levying of soldiers, was it not lawful for the King to levy soldiers to defend himself and his right, though there had been no other title for it but his own preservation, and that the name of commission of array had never before been heard of?

A. For my part, I think there cannot be a better title for war, than the defence of a man’s own right. But the people, at that time, thought nothing lawful for the King to do, for which there was not some statute made by Parliament. For the lawyers, I mean the judges of the courts at Westminster, and some few others, though but advocates, yet of great reputation for their skill in the common-laws and statutes of England, had infected most of the gentry of England with their maxims and cases prejudged, which they call precedents; and made them think so well of their own knowledge in the law, that they were very glad of this occasion to shew it against the King, and thereby to gain a reputation with the Parliament of being good patriots, and wise statesmen.

B. What was this commission of array?

A. King William the Conqueror had gotten into his hands by victory all the land in England, of which he disposed some part as forests and chases for his recreation, and some part to lords and gentlemen that had assisted him or were to assist him in the wars. Upon which he laid a charge of service in his wars, some with more men, and some with less, according to the lands he had given them: whereby, when the King sent men unto them with commission to make use of their service, they were obliged to appear with arms, and to accompany the King to the wars for a certain time at their own charges: and such were the commissions by which this King did then make his levies.

B. Why then was it not legal?

A. No doubt but it was legal. But what did that amount to with men, that were already resolved to acknowledge for law nothing that was against their design of abolishing monarchy, and placing a sovereign and absolute arbitrary power in the House of Commons.

B. To destroy monarchy, and set up the House of Commons, are two businesses.

A. They found it so at last, but did not think it so then.

B. Let us now come to the military part.

A. I intended only the story of their injustice, impudence, and hypocrisy; therefore, for the proceeding of the war, I refer you to the history thereof written at large in English. I shall only make use of such a thread as is necessary for the filling up of such knavery, and folly also, as I shall observe in their several actions.

From York the King went to Hull, where was his magazine of arms for the northern parts of England, to try if they would admit him. The Parliament had made Sir John Hotham governor of the town, who caused the gates to be shut, and presenting himself upon the walls flatly denied him entrance: for which the King caused him to be proclaimed traitor, and sent a message to the Parliament to know if they owned the action.

B. Upon what grounds?

A. Their pretence was this; that neither this nor any other town in England was otherwise the King’s, than in trust for the people of England.

B. But what was that to the Parliament?

A. Yes, say they; for we are the representatives of the people of England.

B. I cannot see the force of this argument: we represent the people, ergo, all that the people has is ours. The mayor of Hull did represent the King. Is therefore all that the King had in Hull, the mayor’s? The people of England may be represented with limitations, as to deliver a petition or the like. Does it follow that they, who deliver the petition, have right to all the towns in England? When began this Parliament to be a representative of England? Was it not November 3, 1640? Who was it the day before, that is November 2, that had the right to keep the King out of Hull and possess it for themselves? For there was then no Parliament. Whose was Hull then?

A. I think it was the King’s, not only because it was called the King’s town upon Hull, but because the King himself did then and ever represent the person of the people of England. If he did not, who then did, the Parliament having no being?

B. They might perhaps say, the people had then no representative.

A. Then there was no commonwealth; and consequently, all the towns of England being the people’s, you, and I, and any man else, might have put in for his share. You may see by this what weak people they were, that were carried into the rebellion by such reasoning as the Parliament used, and how impudent they were that did put such fallacies upon them.

B. Surely they were such as were esteemed the wisest men in England, being upon that account chosen to be of the Parliament.

A. And were they also esteemed the wisest men of England, that chose them?

B. I cannot tell that. For I know it is usual with the freeholders in the counties, and the tradesmen in the cities and boroughs, to choose, as near as they can, such as are most repugnant to the giving of subsidies.

A. The King in the beginning of August, after he had summoned Hull, and tried some of the counties thereabout what they would do for him, sets up his standard at Nottingham; but there came not in thither men enough to make an army sufficient to give battle to the Earl of Essex. From thence he went to Shrewsbury, where he was quickly furnished; and appointing the Earl of Lindsey to be general, he resolved to march towards London. The Earl of Essex was now at Worcester with the Parliament’s army, making no offer to stop him in his passage; but as soon as he was gone by, marched close after him.

The King, therefore, to avoid being enclosed between the army of the Earl of Essex and the city of London, turned upon him and gave him battle at Edgehill: where though he got not an entire victory, yet he had the better, if either had the better; and had certainly the fruit of a victory, which was to march on in his intended way towards London: in which the next morning he took Banbury-castle, and from thence went to Oxford, and thence to Brentford, where he gave a great defeat to three regiments of the Parliament’s forces, and so returned to Oxford.

B. Why did not the King go on from Brentford?

A. The Parliament, upon the first notice of the King’s marching from Shrewsbury, caused all the trained-bands and the auxiliaries of the city of London (which was so frightened as to shut up all their shops) to be drawn forth; so that there was a most complete and numerous army ready for the Earl of Essex, that was crept into London just at the time to head it. And this was it that made the King retire to Oxford. In the beginning of February after, Prince Rupert took Cirencester from the Parliament, with many prisoners and many arms: for it was newly made a magazine. And thus stood the business between the King’s and the Parliament’s greatest forces. The Parliament in the meantime caused a line of communication to be made about London and the suburbs, of twelve miles in compass; and constituted a committee for the association, and the putting into a posture of defence, of the counties of Essex, Cambridge, Suffolk, and some others; and one of these commissioners was Oliver Cromwell, from which employment he came to his following greatness.

B. What was done during this time in other parts of the country?

A. In the west, the Earl of Stamford had the employment of putting in execution the ordinance of Parliament for the militia; and Sir Ralph Hopton for the King executed the commission of array. Between these two was fought a battle at Liskeard in Cornwall, wherein Sir Ralph Hopton had the victory, and presently took a town called Saltash, with many arms and much ordnance and many prisoners. Sir William Waller in the meantime seized Winchester and Chichester for the Parliament. In the north, for the commission of array, my Lord of Newcastle, and for the militia of the Parliament was my Lord Fairfax. My Lord of Newcastle took from the Parliament Tadcaster, in which were a great part of the Parliament’s forces for that country, and had made himself, in a manner, master of all the north. About this time, that is to say in February, the Queen landed at Burlington, and was conducted by my Lord of Newcastle and the Marquis of Montrose to York, and not long after to the King. Divers other little advantages, besides these, the King’s party had of the Parliament’s in the north.

There happened also between the militia of the Parliament and the Commission of Array in Staffordshire, under my Lord Brook for the Parliament and my Lord of Northampton for the King, great contention, wherein both these commanders were slain. For my Lord Brook, besieging Litchfield-Close, was killed with a shot; notwithstanding which they gave not over the siege till they were masters of the Close. But presently after, my Lord of Northampton besieged it again for the King; which to relieve, Sir William Brereton and Sir John Gell advanced towards Litchfield, and were met at Hopton Heath by the Earl of Northampton, and routed. The Earl himself was slain; but his forces with victory returned to the siege again; and shortly after, seconded by Prince Rupert, who was then abroad in that country, carried the place. These were the chief actions of this year, 1642; wherein the King’s party had not much the worse.

B. But the Parliament had now a better army; insomuch that if the Earl of Essex had immediately followed the King to Oxford, not yet well fortified, he might in all likelihood have taken it. For he could not want either men or ammunition, whereof the city of London, which was wholly at the Parliament’s devotion, had store enough.

A. I cannot judge of that. But this is manifest, considering the estate the King was in at his first marching from York, when he had neither money nor men nor arms enough to put them in hope of victory, that this year, take it altogether, was very prosperous.

B. But what great folly or wickedness do you observe in the Parliament’s actions for this first year?

A. All that can be said against them in that point, will be excused with the pretext of war, and come under one name of rebellion; saving that when they summoned any town, it was always in the name of King and Parliament, the King being in the contrary army, and many times beating them from the siege. I do not see how the right of war can justify such impudence as that. But they pretended that the King was always virtually in the two Houses of Parliament; making a distinction between his person natural and politic; which made the impudence the greater, besides the folly of it. For this was but an university quibble, such as boys make use of in maintaining in the schools such tenets as they cannot otherwise defend.

In the end of this year they solicited also the Scots to enter England with an army, to suppress the power of the Earl of Newcastle in the North; which was a plain confession, that the Parliament’s forces were, at this time, inferior to the King’s. And most men thought, that if the Earl of Newcastle had then marched southward, and joined his forces with the King’s, most of the members of Parliament would have fled out of England.

In the beginning of 1643 the Parliament, seeing the Earl of Newcastle’s power in the North grown so formidable, sent to the Scots to hire them to an invasion of England, and (to compliment them in the meantime) made a covenant amongst themselves, such as the Scots had before taken against episcopacy, and demolished crosses and church-windows, such as had in them any images of saints, throughout all England. Also in the middle of the year, they made a solemn league with the nation, which was called the Solemn League and Covenant.

B. Are not the Scots as properly to be called foreigners as the Irish? Seeing then they persecuted the Earl of Strafford even to death, for advising the King to make use of Irish forces against the Parliament, with what face could they call in a Scotch army against the King?

A. The King’s party might easily here have discerned their design, to make themselves absolute masters of the kingdom and to dethrone the King. Another great impudence, or rather a bestial incivility, it was of theirs, that they voted the Queen a traitor, for helping the King with some ammunition and English forces from Holland.

B. Was it possible that all this could be done, and men not see that papers and declarations must be useless; and that nothing could satisfy them but the deposing of the King, and setting up of themselves in his place?

A. Yes; very possible. For who was there of them, though knowing that the King had the sovereign power, that knew the essential rights of sovereignty? They dreamt of a mixed power, of the King and the two Houses. That it was a divided power, in which there could be no peace, was above their understanding. Therefore they were always urging the King to declarations and treaties, for fear of subjecting themselves to the King in an absolute obedience; which increased the hope and courage of the rebels, but did the King little good. For the people either understand not, or will not trouble themselves with controversies in writing, but rather, by his compliance and messages, go away with an opinion that the Parliament was likely to have the victory in the war. Besides, seeing the penners and contrivers of these papers were formerly members of the Parliament, and of another mind, and now revolted from the Parliament because they could not bear that sway in the House which they expected, men were apt to think they believed not what they writ.

As for military actions (to begin at the head quarters) Prince Rupert took Birmingham, a garrison of the Parliament’s. In July after, the King’s forces had a great victory over the Parliament’s, near Devizes on Roundway-Down, where they took 2,000 prisoners, four brass pieces of ordnance, twenty-eight colours, and all their baggage; and shortly after, Bristol was surrendered to Prince Rupert for the King; and the King himself marching into the west, took from the Parliament many other considerable places.

But this good fortune was not a little allayed by his besieging of Gloucester, which after it was reduced to the last gasp, was relieved by the Earl of Essex; whose army was before greatly wasted, but now suddenly recruited with the trained bands and apprentices of London.

B. It seems not only by this, but also by many examples in history, that there can hardly arise a long or dangerous rebellion, that has not some such overgrown city with an army or two in its belly to foment it.

A. Nay more; those great capital cities, when rebellion is upon pretence of grievances, must needs be of the rebel party: because the grievances are but taxes, to which citizens, that is, merchants, whose profession is their private gain, are naturally mortal enemies; their only glory being to grow excessively rich by the wisdom of buying and selling.

B. But they are said to be of all callings the most beneficialbeneficial to the commonwealth, by setting the poorer sort of people on work.

A. That is to say, by making poor people sell their labour to them at their own prices; so that poor people, for the most part, might get a better living by working in Bridewell, than by spinning, weaving, and other such labour as they can do; saving that by working slightly they may help themselves a little, to the disgrace of our manufacture. And as most commonly they are the first encouragers of rebellion, presuming of their strength; so also are they, for the most part, the first to repent, deceived by them that command their strength.

But to return to the war; though the King withdrew from Gloucester, yet it was not to fly from, but to fight with the Earl of Essex, which presently after he did at Newbury, where the battle was bloody, and the King had not the worst, unless Cirencester be put into the scale, which the Earl of Essex had in his way a few days before surprised.

But in the north and the west, the King had much the better of the Parliament. For in the north, at the very beginning of the year, March 29th, the Earls of Newcastle and Cumberland defeated the Lord Fairfax, who commanded in those parts for the Parliament, at Bramham Moor; which made the Parliament to hasten the assistance of the Scots.

In June following the Earl of Newcastle routed Sir Thomas Fairfax, son to the Lord Fairfax, upon Adderton Heath, and, in pursuit of them to Bradford, took and killed 2,000 men, and the next day took the town and 2,000 prisoners more (Sir Thomas himself hardly escaping) with all their arms and ammunition; and besides this, made the Lord Fairfax quit Halifax and Beverley. Lastly, Prince Rupert relieved Newark, besieged by Sir John Meldrun for the Parliament with 7,000 men, whereof 1,000 were slain; the rest upon articles departed, leaving behind them their arms, bag and baggage.

To balance in part this success, the Earl of Manchester, whose lieutenant-general was Oliver Cromwell, got a victory over the royalists near Horncastle, of whom he slew 400, took 800 prisoners and 1,000 arms, and presently after took and plundered the city of Lincoln.

In the West, May the 16th, Sir Ralph Hopton at Stratton, in Cornwall, had a victory over the Parliamentarians, wherein he took 1700 prisoners, thirteen brass pieces of ordnance, and all their ammunition, which was seventy barrels of powder; and the magazine of their other provisions in the town.

Again at Lansdown, between Sir Ralph Hopton and the Parliamentarians under Sir William Waller, was fought a fierce battle, wherein the victory was not very clear on either side; saving that the Parliamentarians might seem to have the better, because presently after Sir William Waller followed Sir Ralph Hopton to Devizes, in Wiltshire, though to his cost; for there he was overthrown, as I have already told you.

After this the King in person marched into the West, and took Exeter, Dorchester, Barnstable, and divers other places; and had he not at his return besieged Gloucester, and thereby given the Parliament time for new levies, it was thought by many he might have routed the House of Commons. But the end of this year was more favourable to the Parliament. For in January the Scots entered England, and, March the 1st, crossed the Tyne; and whilst the Earl of Newcastle was marching to them, Sir Thomas Fairfax gathered together a considerable party in Yorkshire, and the Earl of Manchester from Lyn advanced towards York; so that the Earl of Newcastle having two armies of the rebels behind him, and another before him, was forced to retreat to York; which those three armies joining presently besieged. And these are all the considerable military actions of the year 1643.

In the same year the Parliament caused to be made a new Great Seal. The Lord Keeper had carried the former seal to Oxford. Hereupon the King sent a messenger to the judges at Westminster, to forbid them to make use of it. This messenger was taken, and condemned at a council of war, and hanged for a spy.

B. Is that the law of war?

A. I know not: but it seems, when a soldier comes into the enemies' quarters without address or notice given to the chief commander, that it is presumed he comes as a spy. The same year, when certain gentlemen at London received a commission of array from the King to levy men for his service in that city, being discovered, they were condemned, and some of them executed. This case is not much unlike the former.

B. Was not the making of a new Great Seal a sufficient proof that the war was raised, not to remove evil counsellors from the King, but to remove the King himself from the government? What hope then could there be had in messages and treaties?

A. The entrance of the Scots was a thing unexpected to the King, who was made to believe by continual letters from his commissioner in Scotland, Duke Hamilton, that the Scotch never intended any invasion. The Duke being then at Oxford, the King, assured that the Scotch were now entered, sent him prisoner to Pendennis Castle in Cornwall.

In the beginning of the year 1644, the Earl of Newcastle being, as I told you, besieged by the joint forces of the Scots, the Earl of Manchester and Sir Thomas Fairfax, the King sent Prince Rupert to relieve the town, and as soon as he could to give the enemy battle. Prince Rupert passing through Lancashire, and by the way having stormed that seditious town of Bolton, and taken Stockford and Liverpool, came to York July the 1st, and relieved it; the enemy being risen thence to a place called Marston Moor, about four miles off; and there was fought that unfortunate battle, which lost the King in a manner all the north. Prince Rupert returned by the way he came, and the Earl of Newcastle to York, and thence with some of his officers over the sea to Hamburgh.