spreaders of such false and mischievous reports.' Then a declaration of the House of Commons was read:-"That whereas many disaffected persons had endeavoured to foment jealousies and divisions, by raising a report that the House of Commons had an intention to subvert the peerage of England, the House of Commons do declare that they do so far detest any such design or intention, that they will use all possible means for the discovery of the authors of such report, and to bring them to condign punishment. And do further declare, that as they have bound themselves by several protestations, so they will ever be as tender and careful to maintain the honour and rights of the Peerage of England as their own." Which declaration being read, was left with their lordships.*

On the same third day of April, on which the Lords passed the self-denying ordinance, Sir Thomas Fairfax went from London to Windsor, which he had appointed his head-quarters, having previously, as commander-in-chief, summoned all his officers and soldiers to rendezvous there by the 7th of April. He continued at Windsor till the end of the month, diligently employed in remodelling the army. He of course encountered some discontent and obstructions; for some of the men were unwilling to be placed under new officers, and some that were wholly dismissed wished to continue in the service; but with the assistance of old Skippon, the most popular of commanders, he overcame all these difficulties, reduced the old army into new companies and regiments, as if they had been newly raised, and recruited the whole with a new and valuable stock.† Dalbier, that soldier of fortune, who had repeatedly given timid counsel to the Earl of Essex, stood off for some time with eight troops of horse, as if balancing between Oxford and Windsor; but at last he went to the latter place and submitted to the parliament. Thus the parliament was secured; -thus "the Independents cut the grass under the Presbyterians' feet."

Before following Fairfax to the field, we must take up certain matters which reflect disgrace on the parliament. The synod of divines still continued to sit, and to urge the high doctrines and practices of intolerance and infallibility. Scottish commissioners and most of the English Presbyterians would fain have introduced into England, without change or variation, the practice of the kirk of Scotland; but they were forced to submit to several modifications, rejoicing that at all events the abhorred Liturgy, which Charles and Laud had attempted to force down the throat of the Scots with cannon-balls, was effectually set aside and abolished. This synod, as we have seen, was wisely prevented by parliament from arrogating to itself

any legislative or judicial authority; but if they did not of themselves send their old enemy, the Archbishop of Canterbury, to a bloody grave, they certainly promoted with heart and soul that execution, which could hardly have taken place but for their vehement hatred, and unevangelical revenge. "As yet," says Sir Philip Warwick, "the Scots and Presbyterian party seem to be the ruling interest in the two Houses, and the Scotch covenant to be the idol; and in order to get this form of church service allowed by the king, Archbishop Laud must be taken out of the way." The republican Ludlow says, that it was expressly for the encouragement of the Scots, that the Lords and Commons sentenced and caused execution to be done upon William Laud, their capital enemy; but it does not appear that the Scots either were, or possibly could be, more eager for the old man's death than were the English Presbyterians, and the many victims in London of the episcopal rage.

Diseased, helpless, apparently almost friendless, the summus pontifex of former days might have lain forgotten in the Tower, and wound up the story of his days in that dismal place, like many better men; but a dispute about church livings forced him into notice, and precipitated his end. The Lords remaining with the parliament claimed the right of nominating to the benefices that fell vacant; and still pretending to respect the archiepiscopal functions of the captive, they called upon Laud to collate the clergymen of their choice. The king, who probably cared little for the danger in which he was thus placing the primate, commanded him not to obey the Lords; and Laud loyally bowed to this order. In the month of April, 1643, the Lords issued a peremptory order; Laud tried to excuse himself again; then the Commons received an acceptable message from the Lords to proceed with the charges already laid against him, and expedite his trial. The Commons appointed a committee, and selected Prynne to collect and prepare evidence-Prynne, who had been so barbarously treated by the prisoner, and whose soul yearned for an equally barbarous revenge. Much anxiety has been

shown to exonerate the Independents from any share in these transactions; but we do not find that that party ever made any laudable effort to save the doomed life of the wretched old man. On the 23rd of October, 1643, ten new articles of impeachment were added by Prynne to the fourteen already on record; and on the 23rd of the same month the archbishop was ordered by the two Houses to put in his answer in writing within a week. Laud replied by a petition, wherein he prayed to have counsel assigned him, to have some money allowed him out of his estate to fee his counsel and defray his other charges; to have his papers and books, which Master Prynne had taken from him, and to have also time and means to send for his witnesses. Upon reading this petition, the lords allowed him six days more time, and counsel, and some money, They afterwards allowed him another week, and

then another; and the trial did not in reality begin till the 12th of March, 1644, when the archbishop was brought by the lieutenant of the Tower, and the Usher of the Black Rod to the bar of the House of Lords, where he was made to kneel a little space. Serjeant Wild opened the accusation in a speech of great length, some ability, and no charity. He charged the sick and tottering priest with all manner of crimes, both political and religious: (it had been well for Laud if there had not been a substratum of truth in every thing the Serjeant said!)-he charged him with " high treason; treason in all and every part; treason in the highest pitch and altitude;" with the fixed design. of subverting the very foundations of the subject's liberties and religion, with being the author of all the illegal and tyrannical proceedings in the Star Chamber, High Commission Court, and other courts, of all the innovations in doctrine and discipline, and of the suppressing of godly ministers, and godly preaching;-and he ended with these words, "Naaman was a great man, but he was a leper: this man's leprosy hath so infected all, as there remains no other cure, but the sword of justice, which we doubt not but your lordships will so apply, that the commonwealth shall yet live again and flourish." When the Serjeant had done, the fallen archbishop desired permission to speak a few words, to wipe off that dirt that had been cast upon him. These few words were, in fact, an eloquent and most skilful oration, which he delivered from a written paper he held in his hand. He said, that in state affairs he had always leaned to that part of the cause where he found law to be, never having any intention to overthrow the laws. About liberty he said not a word; but he spoke at great length concerning what were called his innovations in religion. "Ever since I came in place," said the archbishop, "I have laboured nothing more than that the external public worship of God (so much slighted in divers parts of the kingdom) might be preserved, and that with as much decency and uniformity as might be; for I evidently saw that the public neglect of God's service in the outward face of it, and the nasty lying of many places dedicated to that service, had almost cast a damp upon the true and inward worship of God, which while we live in the body needs external helps, and all little enough to keep it in any vigour. And this I did to the uttermost of my knowledge, according both to law and canon, and with the consent and liking of the people." Seventeen whole days were spent in producing and commenting on the evidence, and then the archbishop requested that he might have liberty to make a general recapitulation of his defence before the Lords, which was granted. On the 2nd of September, 1644, Laud again appeared at the bar, and delivered his general recapitulation to the Lords. Mr. Samuel Brown, a member of the House of Commons, and one of the managers of the trial, replied at full length on the 11th of September, summing up the principal parts of the evidence

and endeavouring to invalidate the defence put in. Then Laud prayed that his counsel might be heard on the point of law, and their lordships consenting, the managers for the House of Commons desired that they might first have notice what matters of law his counsel would insist upon, in order that they (the managers) might prepare themselves to make reply. And thereupon it was ordered, that the archbishop's counsel should speak to this point of law-whether in all or any of the articles charged against him there were any treason contained. On the 11th of October, Laud's counsel accordingly spoke to that matter, maintaining that not one of the offences alleged against him, nor all those offences accumulated, amounted to that most capital crime of high treason. To this, Samuel Brown and the other managers for the Commons replied, maintaining that the contrary was fully proved. A few days after this, the Commons, apparently doubting the Lords, gave up their impeachment as they had done in Strafford's case, and passed an ordinance of attainder. On the 2nd of November, after the second reading of this precious ordinance, the Commons brought the prisoner to the bar of their own House. There Mr. Samuel Brown, in the archbishop's presence, repeated the sum of the evidence given in before the Lords; and when Brown sat down, the Commons ordered the prisoner to make his answer viva voce and at once. This was refining in barbarity-a measure scarcely ever surpassed either in the Star Chamber or the Court of High Commission; and those courts only sentenced to fines, imprisonment, scourging, ear-cropping, and nose-slitting, while this took the life. Laud, sinking under the weight of years and infirmities, prayed that he might have some convenient time allowed him, in respect of the tedious length and weight of the charge; and the house at last, and not without difficulty, allowed him eight days. On the 11th of November, the prisoner was brought again to the bar of the Commons, where he spoke for some hours in his own defence, and where Mr. Samuel Brown replied in his presence. Then Laud was

sent back to the Tower, and (on the same day) the house passed the ordinance of attainder for high treason, with only one dissenting voice. On the 16th of November, they transmitted this bill to the House of Peers, which, because some of the Lords were not present at the giving in of all the evidence during this long trial, took time to consider, and on the 4th of December, ordered that all books, writings, and other documents concerning the trial should be brought in to the clerk of parliament. It is evident that the Lords were averse to the execution, and were labouring to gain time, for on the 24th of December (it was no longer to be kept as Christmas-eve), their Lordships, at a conference, acquainted the Commons that they had found the archbishop guilty as to matters of fact, but were yet desirous of some further satisfaction on the point of law, ere they could decide that the said matters were

treason. Upon the 26th of December, the Commons sent Serjeant Wild, Mr. Samuel Brown, and Mr. Nicholas to satisfy the Lords therein, and to show them, in a conference, that a man might incur the guilt of high treason as much by offences against the nation, as by offences against the sovereign; that there were two kinds of treasons, those which were against the king, and cognizable by the inferior courts, and those that were against the realm, and subject only to the judgment of parliament. On the 4th of January, 1645, a very few lords passed the bill of attainder, whereby it was ordered that Laud should suffer death as usual in cases of high treason. Urged on by the Commons, the Upper House, on the 6th of January agreed in fixing the day of slaughter for Friday the 10th. But the Lords made yet another feeble effort to save the old man's blood, and on the 7th of January, at a conference, they acquainted the Commons with a letter and petition from the archbishop, as also with a pardon to him from the king, dated the 12th of April, and of which he (Laud) desired the benefit; but this pardon was overruled and rejected; and on the morning of the 10th of January, Laud was conveyed from the Tower, where he had been confined for more than three years, to the scaffold and the block upon Tower-hill. Upon the scaffold he delivered a long speech, or, as he called it, his last sermon, which he had written out in the Tower, and in which he endeavoured to excuse himself for all the matters charged against him, protesting that he had always professed the religion of the church of England, as it stood established by law, that he held his gracious sovereign to have been much traduced by some as if labouring to bring in popery, though he was as sound a Protestant, according to the religion by law established, as any man in his kingdom, and one that would venture his life as far and as freely for it; that he, his faithful servant, had endured clamours and slanders for labouring to maintain a uniformity in the external service of God, and was now at last brought to die for high treason, (a crime which his soul abhorred,) as a foe to the church, and an enemy to parliaments. In the end he said-" I forgive all the world, all and every of those bitter enemies, which have any ways persecuted me in this kind, and I humbly desire to be forgiven, first of God, and then of every man, whether I have offended him or no, if he do but conceive that I have." He then read a prayer which he had written for the occasion.

The

Laud's last petition to parliament was, "That in case he must die, Dr. Stern, Dr. Heywood, and Dr. Martin might be permitted to be with him before, and at his death, to administer comfort to his soul, and that the manner of his execution might be altered unto beheading. To which the Lords agreed, but the Commons then refused both, and only granted that Dr. Stern, and Mr. Marshall, and Mr. Palmer should go to him, one or both of the latter to be constantly present whilst Dr. Stern was with him. But the next day, upon another petition of his, setting forth reasons from his being a divine, a bishop, one that had the honour to sit in the house of peers, and of the king's most honourable privy council, &c., and praying in those regards not to be exposed to such an ignominious death, the Commons consented to remit the rest of the sentence, and that he should suffer death by being beheaded."

scaffold was crowded, 'not so much by his friends as by his unrelenting enemies, who were anxious to see him die, or, according to their disgusting cant, moved by their Christian bowels to show him his spiritual blindness in that his last stage. "I did think," said Laud, "here would have been an empty scaffold, that I might have had room to die." When room was made, he said, "Well, I'll pull off my doublet, and God's will be done. I am willing to go out of the world: no man can be more willing to send me out, than I am willing to be gone." Then Sir John Clotworthy, one of those puritanic bigots that would have had a star-chamber of their own, asked what text of Scripture was most comfortable to a man in his departure. The departing archbishop, who probably galled the Puritan's ears with his Latin, which had long since been set down as the mother tongue of the whore of Babylon, said calmly," Cupio dissolvi et esse cum Christo." "That is a good desire," rejoined this clodpole divine, "but there must be a foundation for that desire, an assurance." "No man can express it," replied Laud, "it is to be found within." "It is founded upon a word, though," continued the pertinacious fanatic, "and that word should be known." "It is the knowledge of Jesus Christ, and that alone," replied Laud; and, turning to the headsman, he gave him some money, saying, “Here, honest friend, God forgive thee, and do thy office upon me in mercy." He knelt down, said another short prayer, made his sign, and the executioner did his office at one blow ;-" and instantly," says Fuller, "his face, ruddy in the last moment, turned pale as ashes, confuting their falsehoods, who gave it out that he had purposely painted it, to fortify his cheeks against discovery of fear in the paleness of his complexion." Some few friends carried his body to Barking church, and decently interred it there, reading over his grave the service for the dead appointed by that Liturgy which we must believe he had conscientiously held to be essential to salvation.*

The Scots, who exercised so great an influence over the English parliament, and whose country had at length been made the scene of civil war by the daring Marquess of Montrose, recommended a new treaty of peace with the king; and as early as the month of November of the preceding year (1644), propositions running in the name of both kingdoms were drawn up by Johnston of Wariston, one of the most distinguished of the Scottish commissioners. The parliament sent to Oxford for a safe-conduct for the commissioners they had ap pointed to carry these propositions to the king,

Four

• Rushworth-Whitelock --May.--Heylin.-Clarendon-Lingard.-Laud's Troubles.-Prynne, Canterbury's Doom.-Jouruals."The crimes objected to him," says May, "were many. years almost had this unhappy old man been a prisoner, yet not enjoyed so much as the quiet of a prison; for sometimes (about fourscore days) he was carried from the Tower to Westminster, and there arraigned in the House of Lords. So the Fates were pleased, in a sad compensation, to equal his adversity even in length of time with his prosperity. This January he was beheaded, his life being spun out so long, till he might see (which was the observation of many) some few days before his death, the Book of Liturgy abolished, and the Directory composed by the synod at Westminster and esta blished."-Breviary of the History of the Parliament.

namely, the Earl of Denbigh, the Lord Maynard, Mr. Pierpoint, Mr. Hollis, Mr. Whitelock, and the Lord Wenman (English), and the Lord Maitland, Sir Charles Erskine, and Mr. Bartlay (Scotch). Prince Rupert sent the safe-conduct under the hand and seal of the king, who did not notice them as members of parliament, but merely as private gentlemen. The parliament, however, submitted to this slight, and dispatched the commissioners. Charles or his officers most unwisely kept these noblemen and gentlemen for some hours outside the gates of Oxford in the wet and cold; and when they were admitted into the town, they were escorted like prisoners by a troop of horse, and lodged in a very mean inn.* The Earl of Denbigh read the propositions for peace. "Have you power to treat?" said Charles. The commissioners replied, "No; but we are to receive your majesty's answer in writing." "Then," replied the king coarsely, a letter-carrier might have done as much as you." "I suppose, " said the Earl of Denbigh, 66 your majesty looks upon us as persons of another condition than letter-carriers." "I know your condition," replied the king; "but I say that your commission gives you power to do no more than a letter-carrier might have done." In the evening the loyal Earl of Lindsay, who was sick in his bed, invited Hollis and Whitelock to visit him. These two important members of the House of Commons had not been a quarter of an hour in the earl's chamber, when the king and Prince Rupert, with several persons of prime quality, entered; and the king not only saluted them very obligingly, but also began to discourse with them. "I am sorry, gentlemen," said Charles, "that you bring me no better propositions for peace, nor more reasonable, than these are." 'They are such," said Hollis, "as the parliament thought fit to agree upon. hope a good issue may be had out of them;" and Whitelock added, that they were but the servants of parliament, and very willing to be messengers of peace. "I know," said Charles, "you could only bring me what they chose to send, but I confess I do not a little wonder at some of these propositions, and particularly at the qualifications." The propositions excepted several persons about the court, and in the king's army; among these were Prince Rupert and Prince Maurice, who were present, and who laughed in scorn and contempt, for which, however, their uncle rebuked them. The evident intention of the king was to win over Hollis and Whitelock. "Your service, Mr. Hollis," said he, and that of the rest of those gentlemen whose desire hath been for peace, hath been very acceptable to me; and out of the confidence I have of you two that are here with me, I ask your opinion and advice, what answer will be best for me to give at

I

Rushworth says, "His majesty received them very obligingly on the next day, and gave to every one his hand to kiss, but seemed more to slight the Scots commissioners than any of the rest.",

+ Whitelock says, "At the reading of the excepted persons' names, which the Earl of Denbigh read with great courage and temper, Prince Rupert aud Prince Maurice, being present when their names were read as excepted persons, they fell into a laughter, at which the king seeme i displeased, and bid them be quiet."

this time to your propositions ?" Hollis hoped his majesty would excuse them: Whitelock said, "We now by accident have the honour to be in your majesty's presence, but our present employment disables us from advising your majesty." But Charles, not easily repelled, required their advice as friends—as his private subjects. To this Hollis said, "Sir, to speak in a private capacity, I should say that I think your best answer would be, your coming amongst us ;" and Whitelock told his majesty that his personal presence at his parliament would sooner put an end to their unhappy distractions than any treaty. "But how

can I go thither with safety ?" said Charles. "I am confident," replied Hollis, "that there would be no danger to your person to come away directly to your parliament." "That may be a question," rejoined the king; "but I suppose your principals who sent you hither will expect a present answer to your message." They both represented again, that the most satisfactory answer would be, his majesty's presence with his parliament. "Let us pass by that," said the king; "and let me desire you two to go into the next room, and confer a little together, and set down something in writing which you apprehend may be fit for me to return as an answer, and which, in your judgment, may facilitate and promote this good work of peace.' Hollis and Whitelock withdrew, and, being together by themselves, upon discourse concluded that it would be no breach of trust in them to write as the king desired them, but rather might prove a means of promoting the work they both came about. And accordingly Whitelock wrote down what they thought would be the king's best answer; and the paper so written they left upon the table in the withdrawing-room, and the king went in and took it, and with much favour bade them farewell. But the answer suggested by these two members was not such a one as the king wished for; and seeing he had failed in bringing them over to his party, he made an end of the useless parade of compliment and cajolery. On the 27th of November he sent them his reply sealed up. Hollis, and Whitelock, and the other commissioners thought it not fit for them to receive an answer in that manner, without being acquainted with the contents, or furnished with a copy, as was usual in such cases, and they desired to be excused from receiving that answer so sealed up, requesting at least to have a copy of it. His majesty insultingly replied, "What is that to you, who are but to carry what I send; and if I will send the song of Robin Hood and Little John you must carry it!" The commissioners contented themselves with saying, that the business about which they came was of somewhat more consequence than an old song. Charles then condescended to send them a copy of his answer: but here, again, another difficulty was started. They observed, that the said answer was not directed to any body whatsoever, and that the parliament, so far from being acknowledged, was

• Whitelock.-Rushworth.

not even named in it. Charles insisted that the answer was delivered to them, the parliaments' commissioners, which was sufficient; and some of his lords told them that they could not get it otherwise, chiefly because they were there as commissioners for both kingdoms, for England as well as for Scotland, and earnestly entreated the commissioners, for peace-sake, to receive the answer as it was sent to them. Thereupon the commissioners, considering that they must take it upon themselves to break off this treaty if they should refuse the king's paper, and that it would be wiser for them to leave it to the judgment of the whole parliament, consented to receive the answer without any address upon it.*

On the 29th of November (1644) this singular document was produced at Westminster, and on the following day the same was read at a conference of both Houses. Great exceptions were made, and there was much debate against the form and want of direction; but at last it was carried that those objections should be laid aside, that the treaty should be proceeded with, and that thanks should be returned to the commissioners who had been at Oxford. Charles had now agreed to send the Duke of Richmond and the Earl of Southampton to London, with a fuller answer and an extended commission; but the Earl of Essex, who as yet held the supreme command, would not grant a safe-conduct to these two noblemen, unless he was acknowledged as general of the army of the parliament of England; and the Commons were resolute on the same point, insisting that his majesty should send as to "the parliament of England assembled at Westminster, and the commissioners of the parliament of Scotland." On the 5th of December Prince Rupert sent a letter with the

Whitelock.-Rushworth,

required recognition ;* and at the same moment the king, to excuse himself with his wife, addressed her a letter containing these memorable words, which fully proved with what mental reservation he had acknowledged the parliament: "As to my calling those at London a parliament, if there had been two besides myself of my opinion, I had not done it; and the argument that prevailed with me was, that the calling did nowise acknowledge them to be a parliament; upon which condition and construction I did it, and no otherwise: and accordingly it is registered in the council-books, with the council's unanimous approbation." The king's envoys, the Duke of Richmond and the Earl of Southampton, arrived in London on the 14th of December, and were honourably conducted to Somerset House, where they were well entertained, and allowed on the morrow-a Sunday-to hear divine service according to the Liturgy, which parliament and the synod of divines had suppressed. The two noblemen, adhering to their master's instructions, acted as secret emissaries in the city of London, and intrigued with the two factions of Presbyterians and Independents, offering the latter liberty of conscience, &c. &c. And as Richmond and Southampton were found to have no higher faculty than that of proposing the nomination of commissioners, the parliament made

This was Rupert's letter to Essex, punctuated as we find it in Rushworth:"My Lord,

"I am commanded by his majesty to desire of your lordship safe conduct for the Duke of Richmond and the Earl of Southampton, with their attendants, coaches, horses, and other accommodations fitting for their journey in their coming to London, during their stay, and in their return, when they shall think fit; from the Lords and Commons assembled in the parliament of England at Westminster, to bring to the Lords and Commons assembled in the parliament of England, and the Commissioners of the kingdom of Scotland now at London, an answer to the propositions sent to his majesty for a safe and well-grounded peace,

Your lordship's servant,

"RUPERT.