at Westminster in the first year of queen Eli-saults: and although there appeared no treazabeth, the marquis of Northampton being his judge, and lord chief steward of England for that day. But that nobleman so nobly defended himself, that he was acquitted by his Peers.

'chery at all, nor any intelligence held with the enemy, in this case; and that the governor 'condescended to a treaty, and surrendered the town to the enemy only upon the citizens importunity, who earnestly intreated hiar ' upon their knees with tears in their eyes to embrace a parley, for the saving of their lives, estates, and liberties, which were granted 'them upon the Articles of Agreement; and although the garrison-soldiers likewise march'ed away with their arms (which they left, bebind them at Bristol), and had all the articles punctually fulfilled; and although himself and his potent friends earnestly besought the earl of Leicester, that he might serve the queen ' of England either by sea or land at his own charges, and by his valour and fidelity make recompence of his fault committed only through want of understanding and martial policy, contrary to the will and intent of the earl, then governor-general under the queen; yet the earl, for upholding martial discipline, and to prevent all future surrenders of this kind, would on no wise dispense with the exe* Belgica Hist. Universalis, l. 13, p. 402,cution; whereupon they were all three openly 403, 404. † Pag. 827, 828. beheaded at Bommel, June 28, 1587.'

Van Hemert's Case, 29 Eliz. Meteranus,* Grimstone,† Thuanus, and others relate, A. D. 1587: That Van Hemert, a very wise and brave young nobleman, one of the 'chief houses of the Netherlands, and governor of the town of Grave, together with two of his captains, Du Banck and Corfe, were imprisoned, condemned by a council of war, and then beheaded and executed at Bommel, by command of Robert Dudley earl of Leicester, (governor of the Low Countries under queen Elizabeth of famous memory) for that they surrendered the said town of Grave to the prince of Parma, when he had besieged it above three months space, with a puissant 6 army, and beaten down the walls of it level to 'the ground, with perpetual batteries and as

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New Canons, and to make them ready for this House to present the same to the Lords, and to consider and examine who were the promoters of these New Canons, and who the principal

171. The Trial of Dr. WILLIAM LAUD,* Archbishop of Canterbury, for High Treason: 16-20 CHARLES I. A. D. 1640-1644. [Written by Himself during his Imprisonment in the Tower. History of the Trial and Troubles of Archbishop Laud, published by Henry Wharton, 1695.] [ON the 16th of December 1640, upon the Condemnation of the New Canons in the House of Commons, as being against the King's Prerogative, the fundamental Laws of the realm, the Liberty and Property of the Sub-actors, and what execution hath been made ject; and containing divers things tending to Sedition, and of dangerous consequence; Dr. William Laud, Archbishop of Canterbury, was there accused to be the Author of, and chief Actor in them, and was ordered to be impeached of High-Treason; whereupon a special Committee was appointed to enquire into all his actions, and prepare a Charge against him, which is thus entered in the Journal of the House of Commons:

"December 16, 1610. This Committee is to prepare the several Votes concerning the

* See Clarendon Hist. vol. 1. p. 69, 118, 141, vol. 2, p. 440, &c. In order to make this Trial the more complete, what was wanting is supplied out of Rushworth's Collections, vol. 5, p. 763, &c. and Prynn's Complete History of this Trial. The Additions are inserted in their proper places; but to preserve the Archbishop's own Account entire, they are distinguished by being within brackets. See also 2 Cobb. Pari. Hist. p. 630, and Sommers' Tracts, 2 Coll. vol. 2, p. 287.

upon them, and by whom; and to consider how far the Lord Archbishop of Canterbury hath been an actor in all the proceedings of them; and further, to examine how far he hath been an actor in the great design of the Subversion of the Laws of the realm, and of the Religion, and to prepare and draw up a Charge against him, and such others as shall appear offenders in these particulars, and have power to send for parties, witnesses, papers, books, records, and to do any other act, which they in their judgments should think fit to conduce to the business, and are to meet at 4 a-clock this afternoon in the Star-Chamber."

On the 18th of December, the Archbishop was impeached in the house of Commons of High-Treason, and voted by the whole House to be a Traitor, thus entered in their Journal:

“December 18, 1640. Resolved upon the question, That a Message shall be sent from this House to the Lords, to accuse William Laud, archbishop of Canterbury, of High-Treason, in the name of this House, and of all the Commons of England, and to desire that he may be sequestered from parliament, and committed;

and that within some convenient time, this House will resort to their lordships with particular Accusations and Articles against him; and that Mr. Hollis go up with the same." Upon this Accusation, divers remarkable Speeches were made against him in the House of Commons ;. among others one by

Mr. Harbottle Grimstone, as follows: "Mr. Speaker, there hath been presented to the house a most faithful and exact Report of the Conference we had with the lords yesterday, together with the opinion of the Committees that we employed in the service, That they conceived it fit that the archbishop of Canterbury should be sequestered; and I must second the motion. And with the favour of this house I shall be bold to offer my reasons, why I conceive it more necessary we should proceed a little further than the desire of a bare sequestration only.

"Mr. Speaker, Long introductions are not suitable to weighty businesses; We are now fallen upon the great man, the Archbishop of Canterbury; Look upon him as he is in Highness, and he is the sty of all pestilential filth, that hath infested the state and government of this Commonwealth; Look upon him in his Dependencies, and he is the only man, the only man that hath raised and advanced all those that, together with himself, have been the authors and causers of all our ruins, miseries, and calamities we now groan under. Who is it but he only that hath brought the earl of Strafford to all his great places and imployments? A fit spirit and instrument to act and execute all his wicked and bloody designs in these kingdoms. Who is it but he only that brought in secretary Windebank into this place of service, of trust, the very broker and pandar to the whore of Babylon?

tices. We all know he was the compounder and contractor with them for the licences, putting them to pay Fines and a Fee-farm Rent to use their trade. Certainly, he might have spent his time much better, and more for his grace in the pulpit, than thus sherking and raking in the Tobacco-shops. Mr. Speaker, we know what he hath been charged withal in this House, crimes of a dangerous consequence, and of a transcendent nature, no less than the Subversion of the Government of this kingdom, and the alteration of the Protestant Religion; and this is not upon a bare information only, but much of it is come before us already upon clear and manifest Proofs; And there is scarce any Grievance or Complaint come before us in this place, wherein we do not find him intermentioned, and, as it were, twisted into it; like a busy angry wasp, his sting is in the tail of every thing. We have this day likewise heard the Report of the Conference yesterday, and it is the Accusation which the Scotch Commissioners have charged him withal; and we do all know he is guilty of the same, if not more, here in this kingdom.

"Mr. Speaker, He hath been the great and common enemy of all goodness and good men ; and it is not safe that such a viper should be near his majesty's person, to distil his poison into his sacred ears; nor is it safe for the commonwealth that he sit in so eminent a place of government, being thus accused. We know what he did in the earl of Strafford's case; This man is the corrupt fountain, that hath corrupt. ed all the streams; and till the fountain be purged, we can never expect nor hope to have clear channels. I shall be therefore bold to offer my opinion; and if I err, it is the error of my judgment, and not my want of zeal and af fection to the public good: I conceive it is most necessary and fit that we should now take up a Resolution to do somewhat, to strike while the iron is hot, and to go up to the Lords in the names of the Commons of this House, and in the names of the Commons of England, and to accuse him of High-Treason; and to desire their lordships, his person may be sequestered, and that in convenient time we inay bring up his Charge."]

"Who is it, Mr. Speaker, but he only that hath advanced all our Popish Bishops? I shall name but some of them, bishop Manwaring, the bishop of Bath and Wells, the bishop of Oxford, and bishop Wren, the least of all these birds, but one of the most unclean ones. These are the men that should have fed Christ's Flock; but they are the wolves that have devoured them; The sheep should have fed upon the mountains; but the mountains have eaten December 18, 1640, being Friday. Upon up the sheep. It was the happiness of our this day, Mr. Denzil Hollis, second son to John Church, when the zeal of God's house eat up earl of Clare, by order from the house of comthe Bishops, glorious and brave Martyrs, that mons, came up to the Lords, and accused me of went to the Stake in defence of the Protestant High-Treason; and told the Lords, they would religion; but the zeal of our Bishops have been make proof thereof in convenient time: but only to persecute and eat up the Church. desired in the mean time, that I might be com"Who is it, Mr. Speaker, but this great Arch-mitted to safe custody. This was strange news bishop of Canterbury, that hath sat at the helm, to steer and manage all the Projects that have been set ou foot in this kingdom this 10 years last past? And rather than he would stand out, he hath most unworthily trucked and chaffered in the meanest of them. As, for instance, that of Tobacco, whereby thousands of poor people have been stripped and turned out of their trades, for which they have served as appren

to my innocency; for this I can say of myself, without falshood or vanity, that to the uttermost of my understanding I served the king, my gracious master, with all duty and faithfulness; and without any known or wilful disservice to the state there while. And this I did, with as true and free a heart as ever any man did that served a king. And, I thank God, my care was such for the public, that it is well

[December 18, 1640. "It is this day ordered, That the Lord Archbishop of Canterbury (being accused of High-Treason by the House of Commons in their own names, and in the name of the whole kingdom of England) be committed to the safe custody of the Gen-are said to be 'Spiritual wickednesses in high tleman Usher attending this high court, and that he be sequestered from the said house, until his Grace shall clear himself of the Accusation that shall be laid against him by the said house."-The Lords further ordered, "That no member of the house should visit the Archbishop without leave of the house."]

2. In the second Article, your lordships may observe absolute and unlimited Power defended by Preaching, by Sermons, and other Discourses printed and published upon that subject. And truly (my lords) it seems to be a prodigious crime, that the Truth of God and his Holy Law should be perverted to defend the lawlessness of men; that the holy and sacred function of the Ministry, which was ordained for instruction of mens souls in the ways of God, should be so abused, that the ministers are become the Trumpets of Sedition, the promoters and defenders of violence and oppression.

3. In the third Article, my lords, you have the Judges, who under his majesty are the dispensers and distributers of Justice, frequently corrupted by fear and solicitation: you have the course of justice, in the execution of it, shamefully obstructed. And, if a wilful act of injustice in a judge be so high a crime, in the estimate of the law, as to deserve death; under what burden of guilt doth this man lie, who hath been the cause of great numbers of such voluntary and wilful acts of injustice?

4. In the fourth Article he will be found in his own person to have sold Justice in causes depending before him; and by his wicked counsel endeavouring to make his majesty a merchant of the same commodity only with this difference, that the king by taking money

against scandalous Ministers; and yet I believe the hundredth part of them is not yet brought in.

9. The ninth Article sets out the like care to have chaplains of his own, that might be promoters of this wicked and traitorous design, inen of corrupt judgments, of corrupt practices, extremely addicted to superstition. And to such mens care hath been committed the licensing of Books to the press: by means whereof, many have been published that are full of falshood, of scandals, such as have been inore worthy to be burnt by the hand of the hangman in Smithfield, (as I think one of them was) than to be admitted to come into the hands of the king's people.

10. In the tenth Article it will appear, how he having made these approaches to Popery, comes now to close and join more nearly with it: he confederates with Priests and Jesuits; he, by his instruments, negotiates with the Pope at Rome, and bath correspondence with them that he authorised from Rome here; he hath permitted a Roman Hierarchy to be set up in this kingdom. And though he hath been so careful, that a poor man could not go to the neighbour-parish to hear a Sermon, when he had none at home, could not have a sermon repeated, nor prayer used in his own family, but he was a fit subject for the High-Commission Court; yet the other hath been done in all parts of the realm, and no notice taken of it by any Ecclesiastical Judges or Courts.

11. My lords, you may perceive Preaching suppressed in the eleventh; divers godly and orthodox ministers oppressed in their persons and estates. You have the king's loyal subjects banished out of the kingdom; not as Eliimelech, to seck for bread in foreign countries, by reason of the great scarcity which was in Israel; but travelling abroad for the Bread of Life, because they could not have it at home, by reason of the spiritual famine of God's Word, caused by this man and his partakers. And by this means you have had the trade, the manufactory, the industry of many thousands of his majesty's subjects carried out of the land. -It is a miserable abuse of the Spiritual Keys, to shut up the Doors of Heaven, and to open the Gates of Hell; to let in profaneness, ignorance, superstition, and error. I shall need say no more: these things are evident, and abundantly known to all.

12. In the twelfth Article, my lords, you have a Division endeavoured between this and the foreign Reformed Churches. The Church of Christ is one body; and the members of Christ have a mutual relation, as members of the same body. Unity with God's true Church every where, is not only the beauty, but the strength of religion; of which beauty and strength he hath sought to deprive this Church, by his manifold attempts to break this Union, To which purpose he hath suppressed the Privileges granted to the Dutch and French Churches: he hath denied them to be of the same faith and religion with us; and many

other ways hath he declared his malice to those churches.

13. In the thirteenth Article, as he hath sought to make an Ecclesiastical Division of religious difference between us and foreign na tions, so he hath sought to make a Civil Difference between us and his majesty's subjects of the kingdom of Scotland: and these he hath promoted by many Innovations there, pressed by himself and his own authority. When they were uncapable of such Alterations, he advised his majesty to use violence. He hath made private and public Collections towards the maintenance of the war, which he might justly call his own war; and with an impudent boldness hath struck Tallies in the Exchequer for divers sums of money procured by himself, pro Defensione Regni; when, by his counsels, the king was drawn to undertake, not a defensive but an offensive war.

14. He hath, lastly, thought to secure himself and his party, by seeking to undermine Parliaments, and thereby hath laboured to be reave this kingdom of the legislative power, which can only be used in parliaments; and that we should be left a kingdom, without that which indeed makes and constitutes a kingdom, and is the only means to preserve and restore it from distempers and decays. He hath bereby endeavoured to bercave us of the highest Judicatory; such a judicatory, as is necessary and essential to our government, some for cases of treason, and others concerning the Prerogative of the crown, and Liberty of the people. It is the Supreme Judicatory, to which all difficult cases resort from other courts. He hath sought to deprive the king of the love and counsel of his people, and of that assistance which he might have from them; and likewise to deprive the people of that Relief of Grievances, which they most humbly expect from his majesty.

My Lords, The Parliament is the Cabinet wherein the chiefest jewels both of the crown and kingdom are deposited. The great prerogative of the king and liberty of the people are Parliaments. Here, my lords, you cannot pass most effectually exercised and maintained by by this occasion of great thanks to God and his majesty for passing the Bill, whereby the frequent course of parliaments is established; which I assure myself he will by experience find to be a strong foundation both of his honour and of his crown.

This is all, my lords, I have to say to the particulars of the Charge. The Commons desire your lordships, that they may have the same way of Examination that they had in the Case of the earl of Stratford; that is, to examine members of all kinds, of your lordships house and their own, and others, as they shall see cause: and those Examinations to be kept secret and private, that they may, with more advantage be made use of when the matter comes to trial. They have declared, That they reserve to themselves the power of making Additional Articles; by which they intend to res