is arcta custodia; and they wished it might be salva custodia, though but lately they la information to the contrary. The distinctica between the king's natural and political capacity was treason in the Spencers; (and so de clared by two acts of parliament Ed. 2. and Ed. 3.) and my lord Coke, in Calvin's case, af firmed, they are inseparable by law.' In Asswer to this

Mr. Scott said, That the city was as obso ious to the king's anger as any part of the kingdom; and if the Treaty should be in L don, who could secure the parliament that the city would not make their peace with the es

for a sacrifice, as the men of Samaria did the heads of the 70 sons of Ahab?—It was also f ther moved, That if the king came not to La don, but to one of his houses about ten mis from thence, he might be desired to give is royal word to reside there until the conce sion of the Treaty.

that there could be no time seasonable for such a treaty, or for a peace with so perfidious and implacable a prince; but it would always be too soon, or too late. Ile that draws his sword upon the king, must throw his scabbard into the fire; and that all peace with him would prove the spoil of the godly.-To which it was answered, That some men got well by fishing in troubled waters; and accounted peace their spoil, because war was their gain; and these looked upon a Personal Treaty as a design against themselves, (under the notion of the godly, honest, confiding party) because it was the high way to peace. But that the generality of the people, who had been despoil-raged king, by delivering up their heads to h ed of their estates by the war, were resolved to be no longer made fuel to that fire wherein those salamanders live; nor any longer feed those horse-leeches the Army, their engaged party and servants, with their own blood and marrow; and therefore were determined upon a Personal Treaty with the king, as the only means of settling the Peace of the kingdom.— The next point was, the place where such a Treaty should be held. For this purpose the isle of Wight and the king's house at Holdenby were proposed, or any other of his majesty's houses not nearer than ten miles off London, or the city of London itself. The Independents were for the tivo first, but principally affected the isle of Wight. The Presbyterian adhered to the two latter, but insisted chiefly for London. In favour of the city it was argued, That the common council and officers of the soldiery would undertake for the king's safety against all tumults: in any other place he would be within power of the Army, who might probably take him away again (as they did at Holdenby) if they liked not the manner and matter of the treaty. London was a place of most honour, safety, and freedom; and would best satisfy the king, the Scots, and the people: in all other places, especially the isle of Wight, he would be still a prisoner to the Army; and therefore all be should agree to would be void by reason of that duress. To this

Colonel Harvey slighted this motion, vil ing the king's royal word, and saying, Thet was no trust in princes: to this purpose he w ledged, That the King's promise had been quently broken; as when he protested that e safety and privileges of parliament should be precious to him as the safety of his wife sid children; and yet, within 3 or 4 days air, came with armed guards to force the house, the case of the five Members. This ment was farther urged by sir Henry Var juur. and sir Henry Mildmay*, who tempted to instance many particulars to proc that the king was a perjured man, and the fore ought in no case to be trusted: whe upon

Sir Symonds D'Exes stood up, and decla himself to be of a contrary opinion; for the house not only ought, but must trust majesty; and that they were not in a condit to stand upon such high terms: For,' said 'Mr. Speaker, If you know not in what c dition you are, give me leave in a word to you your silver is clipped; your gold shippe your ships are revolted; yourselves contemati your Scots friends enraged against you; ani the affections of the city and kingdom ca alienated from you. Judge then whether are not in a low condition, and also if it be high time to endeavour a speedy settleme and reconcilement with his majesty."

Serjeant Wyld answered, That custodia did not always, in law, signify imprisonment: Though the king was under restraint of the Army, he was not in prison (making a difference between restraint and legal imprisonment); that the king cannot plead duress; no man can imprison or hurt the king in his political capacity, as king; though in his natural capa- The Commons resolve that the King sh city, as a man, he is as passive as other men. assent to the Three Propositions before To this it was replied, That it had been fre-Treaty.] At length, the house came to de quently said in the house, the king was a pri-resolution, upon a division of 80 against 1, soner; and there was no difference, in law, That the three Propositions for set between a restraint and an imprisonment, whether legal or illegal. A tortious restraint is called, in law, a false imprisonment. That former kings have voided their own acts, by pleading restraint or imprisonment, and constraint, as Henry 3, Richard 2. That the king may as well plead imprisonment as the parliament plead a force, which they have lately done. That the king's restraint, in law,

Church-Government, for the Militia, and recalling all Proclamations and Declarat against the parliament, be sent to the ki and be by him assented to, and signed with hand, before the Treaty: and that the s be made acts of parliament when the lig shall come to Westminster." But the place

* Mercurius Pragmaticus, No. 16

eaty was not fixed upon till some months er.-Next day, the commons sent up the egoing Vote; which was referred to consideon the next morning, and all the lords to be moned to appear. At which time, after ding the said Vote, it was unanimously eed to adhere to their former Vote, That three Propositions sent into Scotland, to granted by the King, before a Personal eaty be begun, be not insisted on. A comtee of lords were also appointed to draw up asons, to be given at a conference with the mons, why their lordships adhere to their Vote.

July 6. The commons resolved, That all Papers relating to the Negotiations been the English commissioners and the parment of Scotland, should be forthwith printand published, but this was not done till the h of August following.

A Declaration of their Intentions.] July 7.
Letter was read in the house of lords, from
Dingley at Hampton-Court, directed thus:
For my honoured Friend, John Brown, esq.
Clerk of the Parliament.

Sir; These Letters are of much concern the public business, therefore I desire the ket may be delivered with all speed; for the ely notice may prevent auch danger. Your cant, Jo. Dingley. July 6."

our Designs; which if you shall be pleased to communicate to the house of peers, we hope they will find we do not vary from those principles and grounds we have been engaged in, both for his majesty and the parliament; which God give them grace so to think and advise upon it, as his majesty may find his just rights, according to our Covenant and Declarations, and the Parliament rise and recover the dig nity due unto them, by a speedy way of settling the Peace of this distracted kingdom. Your, &c. G. BUCKINGHAM, HOLLAND, PETER BOROUGH."

The DECLARATION of the Duke of Bucking

ham, the earls of Holland and Peter borough, and other lords and gentle nien, now associated for the King and Parliament, the Religion, Laws, and Peace of his Majesty's Kingdoms. Finding this conjuncture to be the proper The Duke of Buckingham, the Earls of Hol-time when this wearied kingdom may be delid, Peterborough, &c. take up Arms in fa-vered from those miseries it both hath and of the King. At this time came intelli- may apprehend yet to feel by such persons as ce of 500 horse being got together near are ill-affected to our peace; who at this time, gston upon Thames, headed by the earl of without authority or commissions, disperse land and the duke of Buckingham, with themselves into all parts to raise forces, with brother lord Francis Villiers; that the earl no other intention but to continue a bloody Peterborough had joined them; that they and intestine war; which may prove dangerous ■ declared for the King; summoned the to the whole kingdom from the assistance they intry to come in; and plundered some of find by the committees of the several counties, parliament's friends. This affair soon dis- who have so abused their power and the peoered itself more fully. ple by an arbitrary way of government, as they shun and apprehend nothing more than what we shall endeavour and seek, peace and a wellsettled government: and therefore that the whole kingdom may be satisfied upon what grounds and principles we go to oppose and prevent this mischief and danger, we do here declare, That we do take up Arms for the king and parliament, religion and the known laws, and peace of all his majesty's kingdoms; professing before Almighty God, That we have no other design in this undertaking, but to see this well and speedily established; and will, with readiness and joy, lay them down whensoever God shall give us the enjoyment of this blessing; professing that, whatsoever may be our success and prosperity in this good cause, we shall not say by way of menace to the parliament, that we will use the power God hath put into our hands; but shall bless God that he hath made us the instruments to serve' the king, the parliament and kingdon, in the way of peace, in a just and equal composure between them: and we hope the city and kingdom will well weigh and consider, whether they may not more reasonably and conscionably join with us in these pious and peaceable resolutions, than with those forces that have, by their breach of faith and their disobedience, kept up the sword, when those that delivered it into their hands commanded the laying of it down; which disobedience hath brought this fresh storm of blood that is now falling upon this kingdom, and all those fears and confusions that Petitions daily shew to be in the thoughts and apprehensions both of the

n the packet were three Letters inclosed;
: directed for the Speaker of the house of
Is, another for that of the commons, and
ird for the lord mayor. The two last were
nediately sent as directed, and the first was
d as follows, together with a Declaration
ler the same cover:

For the Right Hon. the Speaker of the
House of Peers.

My lord; We do here take away your lousies, by giving you a clear knowledge of

In the Title Page the design of the pubtion is thus set forth: 'That it may appear hat the endeavours of the kingdom of Engnd have been to keep a good understanding, id to preserve the union between the naons: and how the Seizing of Berwick and arlisle by Papists and other notorious Dequents (against whom both kingdoms lately ined in war as enemies to the happiness ad peace of both) was countenanced, if not mcured, by the Scots nation, contrary to veral Treaties and Agreements between the ingdoms of England and Scotland.'

Col. Hammond's Findication of himself, touching the Charge against Major Rolph.] July 5. Another Letter from col. Hammond, concer

66

city and the whole kingdom. We might add sad circumstances that are of late discovered and broken out concerning his majesty's Person, and likewise a confused and levelling un-ing the charge against major Rolph, was read, dertaking to overthrow monarchy, and to turn directed to the Speaker of the house of peers: order, that preserves all our lives and fortunes, My lord; Being deeply sensible of the into a wild and unlimited confusion: but we reflection upon me, and divers other innoce desire not to express any thing with sharpness, persons, by Mr. Osborne's proceedings in since our end and pursuit is only Peace; cuse of his odious Treachery; I am bold to which shall appear to all the world, whensoever beg of you, that this Charge against majar we may see a Personal Treaty so begun with Rolph may be brought to a speedy examination, his majesty as we may expect a happy conclu- who, I am confident, will appear a man exceed sion by it; which cannot follow but by a ces-ingly injured, and this only a design to m sation of arms, that in all parts of the world hath accompanied these Treaties, even between the bitterest enemies, Christians and Turks, much more to be expected in these our civil divisions amongst ourselves; for the sword should not be in action as long as a Treaty of Peace is in agitation, since accidents of hostility on both sides will sharpen and divide us rather than close and unite us. This we thought fit both to desire and to declare, that the discourses that may be raised upon our actions may not have power to abuse the kingdom, as if we did only move in a way to set up his majesty in a tyrannical power, rather than in his just regal government; the which hath been always found, in this nation, very well consistent with the due rights and freedom of parliament, which we do here most faithfully protest the endeavouring a preservation of, and call God to witness our sincerity in this intention. G. BUCKINGHAM, HOLLAND, PETERBOROUGH."

The foregoing Letters being read in the house of commons, they immediately passed a Vote, declaring the duke of Buckingham, the earls of Holland and Peterborough, and all that have or shall adhere to them, traitors and rebels, as levying war against the parliament and kingdom; and that they ough to be proceeded against as such: also, that the Committees in the several counties, where any of their estates lie, do forthwith proceed to the sequestration thereof.

Their Attempt defeated by the Parliament's Forces.] This Attempt in favour of the King proved abortive, the forces raised upon that occasion being totally routed, a few days after, by sir Michael Livesay and major Gibbons. The earl of Holland fled to St. Neot's, in Huntingdonshire, where he was taken by col. Scrope; and being, by order of parliament, committed to Warwick-Castle, continued a prisoner till he lost his head upon the scaffold. The duke of Buckingham and the earl of Peterborough made their escape into London, and there lay concealed till they found an opportunity of going into Holland, and joining the prince of Wales. The motives to this insurrection, and the particulars of the defeat, are amply related by the contemporary historians.

greater disturbances in these distracted time As this horrid scandal relates to the Am must say, that, neither directly nor indirec from any member of it, or from any en person or persons whatsoever, did I ever ceive a word or tittle tending, in the least, such a wicked purpose; much less, as lates to myself, could I, or did I, speak a such thing to Major Rolph. But this is the first fruit of this kind I have received my faithful service to you, nor is it more tim what I have expected; yet herein I am 580+ fied, that, in faithfulness and integrity, I ... observed your commands with all pour care of, and respect to, the person of the ki so that, come what will come, I can say fro good conscience, the will of God be door and in this I appeal to his majesty, who, any man, best knows it; and who doth, s doubt not will still, upon every occasi Opportunity serves, sufficiently clear me lord, if through Mr. Osborne's malice, arrade the wicked design of those who have set his on work, you have received the least prej against me, be pleased to send down s other, whom you may judge more worth your trust, to receive my charge; and I immediately, with all possible speed, presi myself to you to receive your pleasure. mean time it shall be the business of my endeavours to preserve his majesty's pers from danger, as well as in security, 19, place, according to your commands, receive instructions for his removal; wh hope and expect will be sudden. Your, Ro. Hammond, Carisbrooke Castle, July

Petition from the City of London not to m Peace with the King without previous Secur July 12. A Petition was presented to the by alderman Fowke and others, of a dis tendency to any of the foregoing: To the Right Hon. the Lords and Comm

in Parliament assembled; The H PETITION of divers well-affected 3: gistrates, Ministers, Citizens, and s Inhabitants of the City of Londan, Parts adjacent.

"Sheweth; That we cannot but takes, of the many obstructions you have met ES, whilst, with indefatigable care and dig you have been earnestly labouring and ex See Clarendon, vol. v. p. 122, 174. Whit-vouring the deliverance of the people of locke, p. 313. Warwick's Memoirs, p. 315. kingdom from those many and great in Ludlow, vol. i. p. 255. made, and much more intended, upon Reg^

all opposition. And we shall ever pray, &c."

This Petition, as the Journal expresses, was said to be subscribed by divers Thousands, in the name of several well-affected Magistrates, Ministers, Citizens, and other inhabitants of the city of London, and parts adjacent; but the persons who brought it in being withdrawn, the lords debated some time on the question, Whether to return them Thanks for it, or not? which was carried in the affirmative; the earls of Lincoln and Suffolk, and the lord Hunsdon, entering their dissent against it. After which the Speaker, by command of the house, return

d Civil Liberties, had not you, assisted by e Almighty God, interposed, for which we not but render all humble and hearty anks; and now finding the same evil spirit iving and working much more strongly and ectually, though much more closely and ningly, under specious pretences; attemptthat by subtilty, which, by the goodness our God, they could not obtain by power; ng such things as an occasion and incans to ide, which, at first, were ordained for uniting all the godly and honest people of the three gdoms upon safe and just principles, viz. Protestation in May, 1641; the Vow in e, 1643 ; the Solemn League and Covenanted the following Answer : Sept. 1643; and your other several Votes Declarations to the same effect: although r petitioners do most heartily desire a right derstanding and an happy reconcilement ween the king and parliament, yet it is far n the thoughts of the petitioners (and they e of many others that have lately, out of d affectiou, petitioned for a Personal Treaty) nake use of tumults or commotions, and olts of castles and ships, thereby engaging kingdom in a new war, or of any other difities the parliament hath been, or may be, osed unto, to precipitate their councils, or destroy their forces that now are, or hereafshall be, raised; being, as the petitioners ceive, contrary to the said Protestation, v, and Covenant, as it is also calculated to essitate the parliament to a Treaty, before h Satisfaction and security be given as may in the ends of our former Engagements.ir petitioners therefore humbly pray, That, will adhere to the said Protestation, Vow, Covenant, and to the constant tenor of all r former Declarations; and not recede from e first and just principles, viz. the Safety of "The house hath received your Petition, and rselves, and all that have or shall adhere to taken into their serious consideration the mat; the Reformation and Preservation of Re- ter thereof: they find it a Petition for Peace, n; the Maintenance and Defence of our for peace indeed: such a peace as is pursued s and Liberties which you have openly held by this house, and all honest men, with preto all the world, and by which you have servation of religion, the laws, and the liberties ged all the honest and well-affected people of the subject, in a safe and well-grounded the three kingdoms to serve you, with their peace, upon the principles whereon we first and estates; lest you betray yourselves and engaged: they look also upon the seasonablen to the merciless cruelties of those that seekness of it, at such time when men's spirits, by and their destruction, and draw the blood the artifice of Malignants, are so heightened any innocent persons upon you and yours. against the parliament, that honest men scarce or preservation whereof your petitioners fur- dare own the former cause: and yet, at this humbly desire you will faithfully persevere time you dare justify your first principles: and je due execution of your said just under- when there is scarce power to imprison any of ngs and engagements; and that such a our enemies, that either hath, or doth now se by your wisdoms may be taken, for se- engage in this new and bloody design, without ty and satisfaction to be given as aforesaid, tumults and rescues; and yet now you dare neither his majesty, nor any other, may avouch your former undertakings.-The house occasion or opportunity of renewing the doth also observe the quality of the petitioners; or raising a new war; and so doing, that divers aldermen, and great magistrates of the , who hath hitherto owned you and your city of London; many reverend ministers, who e, will assuredly do so still; and we your have always held close to the cause; many tioners, with many thousands, as formerly, noble commanders and officers, and other the re still ready, in pursuance of the said Pro- gentlemen of birth and quality, that have less ation, Vow, and Covenant, with their lives valued their blood, than the hazard and loss fortunes, to adventure all with you and of so noble an undertaking, in which they perforces, in this common cause, against ceive the constancy of your resolutions to the FOL, III,

"The lords have full confidence of the faithful services and constancy of you, who now have delivered this Petition; and have commanded me to give you thanks for your fidelity to the parliament; aud to desire that, in their names, thanks may be returned to all the rest of the petitioners, for the expressing of their good affections and zeal to the honour and safety of the parliament. They have further commanded me to assure you, That their endeavours shall be so to act, as that they may declare to the whole kingdom their constant adherence to their Protestation, Vow, and Covenant, in the maintenance of the cause they are engaged in, and in the procuring and settling a safe and well-grounded Peace."

But when this Petition was presented to the commons, they were so far from debating whe ther the petitioners should receive thanks or not, that the Speaker, by order of the house, gave them an Answer expressed in the highest terms of satisfaction; which, with the Petition, was ordered to be forthwith printed and published, as follows:

30