Arms: in the mean time the Bishop of Lincoln, who was Prisoner in the Tower is released; and likewise Mr. Pryn and Mr. Burton, who

are brought in London; and presented their their Prosecutors. Papists begin to Justice Howard a catalogue of within the liberster, to prevent stabbed by one in Westminster he was imprihouse in order to punishment: but debank, secretary to be called to Parliament for reand priests, would be produif not

privately

worse

into

MR. BURTON.

great triumph to December 3 they Petition against And now the fear a cloud, for was to deliver up all recusants ties of Westminwhich he was Mr. John James Hall; for which soned in the Gate a more severe Sir Francis Winof state, fearing account by the prieving Jesuits which he knew ced against him, matters, fled France. Decem

ber 7th, the Commons voted the opinion of the judges upon shipmoney, to be illegal; and a charge of High-treason was ordered to be drawn up against eight of them; and they resolved to begin with the lord keeper Finch. December 11th alderman Pennington and some hundreds of citizens presented a petition, subscribed by 15,000 hands, against church discipline and ceremonies, and awhile after the house of Commons voted that the clergy in a synod or convocations have no power to make canons or laws without parliaments; and that the canons are against the fundamental laws of this realm, the king's prerogative, the property of the subject, the right of parliaments, and tend to faction and sedition.

In pursuance hereof a charge was ordered to be drawn up against Arch-bishop Laud as the principal framer of those Canons, and other delinquencies; which impeachment was seconded by another from the Scotch commissioners; upon which he was committed to the black rod, and ten weeks after voted guilty of high treason, and sent to the Tower, the Scots likewise prefer a charge against the Earl of Strafford then in custody, requiring justice against them both, as the great incendiaries and disturbers of church and state, and Sir George Ratcliff, the Earl's bosom friend, had articles drawn against him to this purpose.

That he had conspired with the Earl to bring Ireland under an arbitrary goverment, and to subvert the fundamental laws, and to bring an army from Ireland to subdue the subjects of England. That he persuaded the Earl to use regal power, and to deprive the subjects of their liberties and properties. That he countenanced papists, and built Monasteries, to alienate the affections of the Irish from England. That he withdrew the subjects of Scotland from their King. And lastly, that to preserve himself and the Earl of Strafford, he laboured to subvert the liberties and privileges of parliament in Ireland.

The Lord Keeper Finch was the next person designed to be censured, and notwithstanding a speech was made in his own vindication, he was voted a traitor upon several accounts; and among the rest, for soliciting, persuading, and threatening the judges to deliver their opinions for raising ship-money, and for several ill offices done in moving the King to dissolve the last parliament, and causing the publishing the King's declaration thereupon. Next day he was accused before the lords, but he foresaw the storm, and went over into Holland.

The parliament having now removed their enemies, and increasing in reputation, were designing a bill for a triennial parliament; for promoting which, petitions came from divers places, one whereof was subscribed with eight hundred hands directly against episcopacy, which the King took notice of, and calling both houses together tells them, of their slowness, and the charge of two armies in the kingdom, and that he would have them avoid two rocks, the one about the hierarchy of bishops, which he was willing to reform but not to alter; the other concerning frequent parliaments, which he liked well, but not to give his power to sheriffs and constables.

About this time one Goodman, a Popish priest, condemned at the sessions in London, was reprieved by the King, upon which both houses petitioned to know who were the instruments of it; and receiving an unsatisfactory answer, they remonstrated against the toleration of Papists, and the Pope's nuncio Rosetti, and this Goodman, whom they desired might be left to the justice of the law, to this the King answers, that the increase of popery and papists in his dominions, is extremely against his mind, and that he would use all possible means for the restraining of it: as for the Pope's nuncio Rosetti, he had no commission, but to preserve correspondence between the Queen and the Pope, which was allowed by the articles of marriage, however he had prevailed with her to remove him, and is contented to remit the particular case of Goodman to both houses.

The Scots had been now quartered in England five months, during which a cessation had been concluded at Rippon, but the full pacifica

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tion was reserved for London, where commissioners sat on both parties to hear the demands of the Scots, and to make answer thereunto. After which the Scots presented the great account of their charges, which was five hundred and fourteen thousand, one hundred twenty eight pounds nine shillings, besides the loss of their nation, which was four hundred and forty thousand pounds. This reckoning startled the English commissioners, till the Scots told them, they did not give in that account as expecting a total reparation of their charges and losses, but were content to bear a part of it; hoping for the rest, from the justice and kindness of England. There was some opposition made to the demands, however monies were raised for the present from the City of London, for the supply of both the northern armies, as the parliament had done once before.

At this time a match was propounded between the young Prince of Orange and the Lady Mary, eldest daughter to the King, which his majesty liked well of, and communicated it to the parliament; with whom it found an unanimous and general reception, in regard of the alliance to be concluded thereupon with the States General; and likewise that he was of the same protestant religion with England, so that the marriage was soon concluded.

Presently after four members of the commons delivered a message to the lords of a popish design of levying an army of fifteen thousand in Lancashire, and eight thousand in Ireland, and that the main promoters thereof were the Earls of Strafford and Worcester.

In February, sir Robert Berkly, one of the judges about ship-money, was accused of high treason, and committed prisoner to the black rod. In this month the King passed that act for a triennial parliament, and to let them know what value he put upon this great favour, his majesty told the two houses, that hitherto they had gone on in those things which concerned themselves, and now he expected they should proceed upon what concerned him.

The King then likewise signed the bill of subsidies, which gave them such universal content, that Sir Edward Littleton, Lord Keeper, was ordered to return the humble thanks of both houses to his majesty at Whitehall. Upon which there were bonfires and bells ringing in and about London, in the same manner as formerly upon granting the petition of right.

March 1, 1640, Archbishop Laud upon an accusation of high treason by the commons, was committed to the Tower: and now episcopacy itself was called in question, and though the lord Digby made a witty and weighty speech in defence of it, and Arch-bishop Usher gave his judgment for the moderation and emendation of it and

the liturgy, not the exterpation thereof, yet the wings of episcopacy were shrewdly clipt, for March 10, the commons voted, that no bishop should have any vote in parliament, nor any judicial power in the star-chamber, nor be concerned in any temporal matters; and that no clergyman should be a justice of peace.

Upon Monday, March 26, 1640. the Earl of Strafford's trial began in Westminster-hall, the King, Queen and Prince being present; and the Commons likewise being there as a committee at the managing their accusation; the Earl of Arundel was Lord high steward, and the Earl of Lindsey lord high constable, the Earl of Strafford though he had but short warning, yet had gotten his defence ready against the time. The accusations was managed by Mr. Pym, consisting of twenty eight articles, to most of which the Earl made particular replies.

But the Commons were resolved to prosecute him to the utmost, and had therefore procured the Parliament of Ireland to prosecute him there also, as guilty of high treason; which being unexpectedly produced, extorted from the Earl this passionate expression, that there was a conspiracy against him to take away his life. At which the Commons cried out against him, That standing impeached of high treason, he durst accuse the Parliament of two Kingdoms of conspiracy against him. But besides all these, certain notes produced against him which were taken by Sir H. Vane in a close committee of select councellers, whom the King had chosen to consult about his second expedition against the Scots; out of which it was alledged against the Earl, that he had given the King advice to borrow an hundred thousand pounds of the city of London, to levy ship-money rigorously; and that his Majesty having tried the affection of his people, was absolved and loosed from all rules of government, and might do what power would admit; and having an army in Ireland, might employ it for the reducing of this Kingdom, which he was sure could not hold out five months: And London being full of the nobility, the commission of array, was to be set on foot, and all opposers thereof to be severely dealt with.

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To this the Earl replyed, That he conceived it lawful for a privy councellor to have freedom of voting with others and as to the matter of the English army, he thought that the single testimony of one man (Secretary Vane) was not of validity in law, much less in life and death, and that the depositions of Secretary Vane were doubtful, as appeared by several examinations, and that there were present at the debate but eight privy councellors, whereof two were not to be produced, and four others declared upon their honours that they

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never heard him speak those words, or any like them; and lastly, that if he had spoken them (which he yet granted not) that the word this Kingdom, could not imply England, the debate being concerning Scotland, there being not the least intention of landing the Irish army in England; and concluded his defence with telling the lords, that he was accused as guilty of treason for indeavouring to subvert the fundamental laws of the land, but it seemed strange to him that it should be treason together which was not treason in any part; and lastly desired the Lords to consider how their own privileges, and other ministers of state, would suffer by his condemnation.

The Commons must now justify their charge by law, to which end they produced the salvo annexed to the stat. of 25 Ed. 3. The words were these, because all particular treasons could not be then defined; therefore what the Parliament should declare to be treason in time to come should be punished as treason; and so this salvo was to be the ground work of the bill of attainder. This being a point of law, the Earl had council allowed him, who answered on his behalf, that the statute which they cited was but a declaration and a penal law, and would no way admit of such consequential and inferential constructions, and that this salvo was repealed by an act of Parliament in the sixth of Henry the fourth. And so the court adjourned without prefixing any time of meeting; for the Commons proceeded to dispatch their bill of attainder, and April 19, 1641, they voted the Earl guilty of high treason, upon the evidence of Secretary Vane and his notes; and upon the 25th, they passed the bill and sent it to the Lords for their concurrence, to whom it seemed at first so perplext a business, that the Commons were forced to send Mr. Saint John, the King's sollicitor, to confer with them about it, who gave them such satisfaction, that thence forward they shewed greater propensity to the Earl's condemnation.

In the mean time the Commons petitioned the King, 1. to remove all Papists from court. 2. For disbanding the Irish army. To which the king answered. 1. They all knew what legal trust the crown hath in that particular, therefore he shall not need to say any thing to assure them that he shall use it so, as there shall be no just cause of scandal. 2. As for the second, he is content it shall be done by law; and for the last, he had entered into consultation about it, finding many difficulties therein, and doth so wish the disbanding of all armies, as he did conjure them speedily and heartily to join with him in disbanding these two here, Scots and English.

The house of Commons having finished their bill of attainder against the E. of Strafford, and the king fearing the conclusion, and being willing to do some good office to him, his Majesty, May 1, 1641,