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of their being left to suffer the consequences of their chancellors, officials, proctors, paritors, and their forfeitures, sequestrations, and compositions powers; declaring that they could not grant that for delinquency, under the Long Parliament and the extent of any diocese should be altered or Cromwell; and they called the first great bill “a anything reformed; and affirming that the laying bill of indemnity for the king's enemies, and of aside of the Book of Common Prayer was one oblivion for his friends."
of the greatest causes of the misfortunes of the On the 13th of September Charles made a very nation, &c. But the Presbyterians were told that short, and Clarendon a very long speech to the ' his majesty would adjust all these differences; two houses. The chancellor
and they, together with the thought it expedient to speak
Episcopalians, were invited to to the suspicions already enter
attend him, on the 22d of Octotained of the king's desire of
ber, at the house of the chankeeping up a strong standing
cellor. There the Presbyterians army, and of governing abso
found assembled his majesty, lutely, and to defend the court
Monk, Duke of Albemarle (who against the popular and well
was a Presbyterian through his founded charges of profligacy
wife), the Earl of Manchester, and irreligion. And, at the
Denzil Hollis (the most fiery of close of this long speech, parlia
Presbyterians), the Duke of Orment adjourned to the 6th of
mond (a high churchman), and November.
one or two other noblemen of During the recess" the heal
the same persuasion, together ing question” of religion was
with Dr. Sheldon (Bishop of discussed, and ten of the regi
London), Dr. Morley (Bishop vides were butchered.
of Worcester), Dr. Henchman The learned Archbishop Usher,
(Bishopof Salisbury), the famous who was a Calvinist in doctrinal
Dr. Cosens (who had been one of creed, and whose Episcopalian
the most active coadjutors of ism was very moderate, had left,
Laud, who had been prosecuted as a legacy to the Protestant
by the Long Parliament, and world, a scheme of union and a
who was promoted to the bishopplan of church government (by
ric of Durham a few weeks after suffragan bishops and synods or
this meeting), Dr. Gauden presbyteries conjointly) which,
(Bishop of Exeter), Dr. Hacket he had foudly hoped, might re
(Bishop of Lichfield and Covconcile the two great sects. The
entry), the Episcopalian Dr. Presbyterians, in their hopeless
Gunning, the Presbyterian Drs. ness of obtaining an entire su
Spurstow and Wallis, and some premacy, professed their willing
two or three others. The Presness to make this scheme the EDWARD Hyde, Earl of Clarendon. byterians intrusted their cause basis of an agreement and con
to the eloquence and learning of cord; and they delivered the paper to the king Calamy and Baxter. The debate could scarcely be with an humble address concerning godly preach-otherwise than hot: on both sides the odium theoing, the strict observance of the Sabbath, &c. | logicum was intense: on both sides there was a conThey were promised a meeting with some Epis- viction that the business had been settled before copal divines before the king; but none of that by irrefragable arguments. The Presbyterians persuasion deigned to attend; and, instead of a said that the Eikon Basiliké showed that his meeting, the Presbyterian ministers received a late majesty had approved of Archbishop Usher's paper, written in the old and bitter spirit of con- scheme; but the king, who knew very well that troversy, rejecting their proposals; insisting that his father had not written it, said that all in that the Anglican hierarchy was the true, ancient, pri- book was not gospel. The Chancellor Clarendon mitive Episcopacy, and that the ancient apostoli- told the controversialists that it was proposed to cal bishops had their courts, their prerogatives, add the following clause to the declaration for them.” The Presbyterians saw at once that un- rel, Mr. Baron Turner, Sir Harbottle Grimston, der this word others there was an intention to Sir William Wild (recorder of London, Mr. Serinclude the Papists. They, however, were silent | jeant Brown, Mr. Serjeant Hale, and Mr. Johu until Baxter, fearing that silence might be inter- Howel. The counsel for the crown were Sir preted into consent, said that Papists and So- Geoffrey Palmer (attorney-general), Sir Heneage cinians had been expressly excepted or excluded Finch (solicitor-general), Sir Edward Turner (atfrom toleration; and he called for the rigid exe- torney to the Duke of York), Serjeant Keiling, cution of the penal laws. Here Charles inter- and Mr. Wadham Windham. All these men, fered, and the assembly was presently broken up. whether humiliated Presbyterians and Long Par
religious liberty:—"That others shall also be per"A few days after this date Pepys notes in his diary that the
mitted to meet for religious worship, so be they two royal brothers, the king and the Duke of York, were both | do it not to the disturbance of the peace, and making love to the same court-woman, the infamous Mrs. Palmer; that the Duke of York got my lord-chancellor's daughter with child; that high gambling was becoming common at court; and ? From the statue by William Calder Marshall, R.A., in St. that people were beginning to open their eyes with astonishment. | Stephen's Hall, new Houses of Parliament.
The royal declaration concerning ecclesiastical liament men, or old royalists, were deadly and affairs, commonly called the “Healing Declara- personal eneinies to the prisoners, though many tion," was published a few days after, being dated of them had been in the van of the late revoluWhitehall, October the 25th, 1660. It contained / tion, and had drawn others into courses of which many large concessions to the most powerful of no man could calculate the end. Fifteen of the the sects, which the Presbyterian leaders accep- commissioners who now, notwithstanding all the ted with enthusiastic gratitude, not foreseeing care taken to draw a line between those that that neither the king nor his ministers would began the Civil war and those that ended it, were consider themselves bound by this declaration bound to assent to the proposition that all war when the army should be completely disbanded, waged against a king, whatever the provocation, and the present Convention Parliament dissolved. I was high treason, had actually been engaged for The death of the regicides had been pre-deter- the parliament, against Charles I., as members of mined. It was now resolved that the prisoners that parliament, as judges, or as officers of the should be tried at Newgate by a commission of army; and most, if not all of them, had enjoyed jail delivery; that all the prisoners should be ar- places of trust and profit under the revolutionary raigned at once; that the indictment should be parliament. for compassing and imagining the death of the Before the court, the first on the list of regilate king, &c. It appears that proceedings were cides, Sir Hardress Waller, pleaded guilty, and delayed until the appointment of new sheriffs, it so saved his life. But when Harrison, the second being apprehended that the old sheriffs would on the list, was brought to the bar, there was no not permit juries to be packed. But at length sign of penitence or submission. The republican the bills were sent up and found against twenty-major-general, the enthusiastic Fifth Monarchy pine persons:-Sir Hardress Waller, Harrison, Man, looked calmly on the tribunal, where every Carew, Cook, Hugh Peters, Scott, Gregory Cle- man was his personal enemy, and said, “ My ment, Scrope, Jones, Hacker, Axtell, Hevening- lords, the matter that hath been offered to you ham, Martin, Millington, Tichburn, Roe, Kil-was not a thing done in a corner. I believe the burn, Harvey, Pennington, Smith, Downs, Potter, sound of it hath been in most nations. I believe Garland, Fleetwood, Meyn, J. Temple, P. Temple, the hearts of some have felt the terrors of that Hewlet, and Waite; and on the 9th of October presence of God that was with his servants in their trial was begun at the Old Bailey, before those days, and are still witnesses that the thing thirty-four commissioners appointed by the crown. was not done in a corner. I do profess that I These commissioners were-Sir Thomas Alleyn would not offer, of myself, the least injury to the (lord- mayor elect), the Chancellor Clarendon, poorest man or woman that goeth upon the earth. the Earl of Southampton (lord - treasurer), the But in the late king's death I was led by Heaven Dukeof Somerset, the Duke of Albemarle (Monk), I followed not mine own simple judgment. I did the Marquis of Ormond (steward of his majesty's what I did as out of conscience to the Lord! Au household), the Earl of Lindsay (great chamber when I found that Cromwell — that those who lain of England), the Earl of Manchester (cham- were as the apple of mine eye were turning aside, berlain of his majesty's household), the Earl of I did loathe them, and suffered imprisonment Dorset, the Earl of Berkshire, the Earl of Sand- divers years rather than turn, as so many did that wich (late Admiral Montague), Viscount Say and had put their hands to this plough. I chose rather Sele, the Lord Roberts, the Lord Finch, Mr. Den- to be separated from wife and family than to have zil Hollis, Sir Frederick Cornwallis (treasurer of compliance with them, or with him, though it his majesty's household), Sir Charles Berkeley was said to me, "Sit thou on my right hand!" (comptroller of his majesty's household), Mr. May be I have been in some things a little misSecretary Nicholas, Mr. Secretary Morrice, Sir taken; but I did it all according to the best of my Antony Ashley Cooper, Arthur Annesley, Esq. understanding, desiring to make the revealed will (the lord chief-baron), Mr. Justice Foster, Mr. of God in his Holy Scriptures my sole guide. Justice Mallet, Mr. Justice Hyde, Mr. Baron humbly conceive that what was done was done Atkins, Mr. Justice Twisden, Mr. Justice Tyr- | in the name of the parliament of England; thai
what was done was done by their power and and the unanimity which had for so long a time authority; and that it is my duty to suggest unto existed between lords and commons. “I say," you in the beginning, that neither this court, nor le exclaimed, “that the lords and commons, by any court below the high court of parliament, their joint declaration"...."Hold! hold !" hath a jurisdiction of their actions." When he shouted one of the judges who had repeatedly asserted that all he had done had been done for interrupted him before. “You go to raise up the service of the Lord, the court interrupted those differences which are asleep, to make new him, as they had done several times before, and troubles, to revive those things which, by the told him that he must not run into these damna- grace of God, are extinct. : . The commons tried ble excursions, or attempt to make God the au- the king. Did you ever hear of an act of parliathor of the damnable treason committed. Yet ment made by the House of Commons alone? Harrison sincerely believed (as many others did) | You have no precedent.” To this Carew replied
in two or three words, which embraced the whole difficulty of the case: “Neither was there ever such a war or such a precedent.” Arthur Annesley, a Presbyterian member of the Long Parliament, who was created Earl of Anglesey soon after these state trials, and who is described by Bishop Burnet as "a man of a grave deportment, but that stuck at nothing, and was ashamed of nothing," reproached the prisoner with the forcible exclusion of all the Presbyterian members in 1648. “I was a stranger," said Carew, “to many of those things which you charge against me; but this is strange-you give evidence as a witness, though sitting here as a judge!" When he attempted to address the jury he was brutally interrupted. “I have desired," said he,“ to speak the words of truth and soberness, but have been hindered." Then, with the air of a martyr glorying in his cause, he listened to the hurried ver
dict and the atrocious sentence. MAJOR-GENERAL HARRISON.-From a rare print.
Colonel Scrope, an accomplished and amiable
man, who had surrendered under the royal prothat in putting Charles to death, he did that clamation, and who had been regularly admitted which was not only essential to the well-being to the king's pardon upon penalty of a year's of his country, but also acceptable to heaven, value of his estate, as a fine to the crown, was which, according to his heated imagination, had condemned upon the evidence of the Presbytenot spared its special inspiration and command. rian Major-general Brown, who deposed, that in And yet, at the moment of crisis, the natural a private conversation in the speaker's chamber, tenderness of his heart had struggled hard with Scrope bad said to him that there would still be his enthusiasm; and he had wept as well as prayed a difference of opinion among men touching the before he could bring himself to vote the king's execution of the late king. death. He now heard his own sentence of death Harry Martin, the wit of the House of Comfor treason without emotion, saying, as he was mons, and one of the stanchest republicans that withdrawn from the bar, that he had no reason to ever sat in it, demanded the benefit of the act be ashamed of the cause in which he had been of oblivion. He was told that he must plead engaged.
guilty or not guilty. He attempted to speak as Colonel Carew, who entertained the same no- to his conception of that act; but he was again tions both in politics and religion as Harrison, coarsely interrupted, and told that he must plead. made the same sort of defence, and displayed “If I plead," said Martin, “I lose the benefit of the same enthusiasm, courage, and fortitude, the act." He was told that he was totally excepHe exclaimed, “I can say in the presence of the ted out of the act. “No," said he, “my name is Lord, who is the searcher of all hearts, that not in the act." “Show him the act of indemnity," what I did was in his fear; and that I did it in said the solicitor-general. The act was shown. obedience to his holy and righteous laws!” He “Here," said the droll, "it is Henry Martin. My gave a striking epitome of the history of the late name is not so; it is Harry Martin.” The court troubles from their beginning, showing the causes told him that the difference of the sound was very and provocations which had led to the Civil war, little. "I humbly conceive," rejoined he," that
lain of Erasel, this man said, “My lord, I did cannot be satisfied that I did such an inhuma
matement there with a great many seals on it." | he had ever shown any malignity, any disrespn: rithis is all the evidence we possess for a story whether, instead of ever doing any wrong to a djur this Ewer hud spoken to prove “how merry condemned with the rest, but sentence was devet
them.” The Presbyterians saw at once that un- / rel, Mr. Baron Turner, Sir Harb
The royal declaration concerning ecclesiastical liament mer
tat, haring jail delivery; that all the prisoners shou'
pon him which he raigned at once; that the indictment
e must desire to be put for compassing and imagining the d
scandal was that he, on the late king, &c. It appears that proc
did spit in the king's face. "I delayed until the appointment of r
o confess this," said the prisoner- "I being apprehended that the old
ne high court, and I signed the warrant not permit juries to be packed
his execution." And we will prove," said the bills were sent up and four
the solicitor-general, “that he did spit in the pine persons:—Sir Hardress
king's face.” “I pray you," said Garland tarCarew, Cook, Hugh Peters.
n of a nestly, “I pray you let me hear that. But fur ment, Scrope, Jones, Hach
surrant for that false scandal, I would not have put you to ham, Martin, Millingtor
aritably, and any trouble at all.” Here one Clench, a los an burn, Harvey, Penningto said the crown needy person, was produced to swear that he sw Garland, Fleetwood, M.
e against the pri- , Garland spit, and the king put his hand in his Hewlet, and Waite; wipe off malice-that left pocket, though whether his majesty wiped it their trial was beg and was in great sport off or not he could not say. “The king wiped it thirty-four commis: che warrant for the king's off," said the solicitor-general, pretending to klos These commissio:
surely, that does not imply more than this the sole witness did; " but he will (lor-mayor el ready-witted Martin. Here a never wipe it off so long as he lives." "I sta the Earl of s
ut the name of Ewer, who had afraid," said Garland,“ this witness is an indigent Dukeof Some
crved him” (the prisoner), was put person. If I was guilty of this inhumanity, I the Marquis
ness-box. After being brow-beaten desire no favour from Almighty God. ... Yea household)
Mr. Cromwell's hand, and he marked act. I dare appeal to all the gentlemen here, berlain
in the face with it, and Mr. Martin any others, whether they ever heard of such a Dorset
like to him; but I did not see any one s't thing; nor was I ever accused of it till 28. wich
wa to the king's sentence), though I did -re He appealed to all that knew him to say wheller Sele zil hi
is constantly quoted to prove the barbar- of the king's party when in distress, he had me xid rustical buffoonery of Oliver Cromwell.] helped them as much as he was able. He was
was at the sport,” Sir Purbeck Temple executed-a pretty plain proof that the story wpke to prove “how serious he was at it," and about the spitting was even then discrediteri, how he had been the first to propose that the late John Coke, the able lawyer who had conduking should be prosecuted in the name of the ted the prosecution against the king as solicitor
my duty to sucurest unto existed between leirls and coumous "I
- the kila I'??*******
h and people of England, chief authority of the nation; and that the judges
rison-Harrison, whose honest, soldier-like ap-
o Cross, within sight of Whitehall,
BIRD'S-EYE VIEW OF CHARING CROSS. – From Aggas's Plan of London (1560). a · had begun no war, nor where the late king had suffered. His most sinapeter of any; that he had cere enthusiasm, political as well as religious, war into Ireland; that he was glowed more warmly than ever at the close apdgehill nor Naseby; that he had proach of torture and death. As he was dragter three things—that there might be ged along, his countenance being placid and even religion, that learning and laws might be cheerful, a low wretch in the crowd called after intained, and that the suffering poor might him in derision, and said, “Where is your good pe cared for, and that he had spent most of his old cause now?" Harrison, with a smile, claptime in these things; t'at, upon being summoned ped his hand on his heart, and said, “Here it is; into England, he considered it his duty to side and I am going to seal it with my blood !" and with the parliament for the good of his country, several times on his way he said aloud, “I go and that in so doing he had acted without malice, to suffer upon the account of the most glorious avarice, or ambition, being respectful to his ma cause that ever was in the world." He ascended jesty, and kind and merciful to the royalist suf- the scaffold under the tall gibbet with an unferers whenever he was able. The jury, after very daunted countenance; and thence he made a little consultation, returned a verdict of guilty. speech of some length to the multitude, telling
Colonels Axtell and Hacker, who had assisted them that they themselves had been witnesses at the trial and execution, pleaded that, as mili- of the finger of God in the deliverance of the ary men, they were bound, under pain of death people from their oppressors, and in bringing to y martial law, to obey the orders of their supe- judgment those that were guilty of blood; that iors; that the Earl of Essex, the Earl of Man- many of the enemies of the Commonwealth were hester, Sir Thomas Fairfax, and even Monk forced to confess that God was with it. The who sat upon the bench as one of their judges), courtly crew that gained most by the event, that ad set them an example; that whatever they were inconceivably vain of a few insignificant ad done had been by an authority that was not graces they had borrowed from the French durnly owned and obeyed at home, but also acknowing their compulsory travels, made it their boast Edged by princes and states abroad to be the
See vol. ij. p. 571. VOL. II.