639] STATE TRIALS, 19 CHARLES I. 1643.-Proceedings against Waller and others, [640 those who made great use of it, that meu can collect what the design was, or that it was laid with any probable circumstances, by which a success night be expected, I shall briefly, and faithfully set down all that I know, have heard, or can reasonably conjecture to be in it; and it was thought by many, and averred by others who I believe did not think so, that I knew as much of it as most men. be most acceptable to the king. And from hence they came reasonably to a conclusion, that if some means were found out to raise a confidence in those who wished well, that they should not be oppressed by the extravagant power of the desperate party; but that if they would so far assist one another, as to declare their opinions to be the same, they should be able to prevent, or suppress, those tumults, which seemed to countenance the distractions; and the houses would be induced to terms of moderation. mation of the temper of the people, upon accidents, in the public affairs. And Mr. Waller, between brethren of the same good affections, and he, with that confidence that uses to be frequently imparted their observations, and opinions to each other; the one relating, how many in both houses inclined to peace; and the other making the same judgment upon the "There was of the house of commons one received from the most substantial men of Loncorrespondence he had, and intelligence he Mr. Waller, a gentleman of a very good for- don; and both of them again communicated tune and estate, and of admirable parts, and what one received from the other, to the com faculties of wit and eloquence, and of an inti- pany they used to converse with; Mr. Waller mate conversation, and familiarity with those imparting the wishes and power of the well who had that reputation. He had, from the affected party in the city, to the lords and geubeginning of the parliament, been looked upon tlemen whom he knew to be of the same mind; by all men, as a person of very entire affections and Mr. Tomkins acquainting those he durst to the king's service, and to the established go- trust of the city, that such and such lords and vernment of church and state; and by having gentlemen, who were of special note, were no manner of relation to the court, had the weary of the distractions, and would heartily, more credit and interest to promote the rights and confidently contribute to such an honourof it. When the ruptures grew so great be-able, and honest peace, as all men knew would tween the king and the two houses, that very many of the members withdrew from those councils, he, among the rest, with equal dislike absented himself: but at the time the standard was set up, having intimacy and friendship with some persons now of nearness about the king, with the king's approbation, he returned again to London; where he spoke, upon all occasions, with great sharpness, and freedom; which (now there were so few there that used it, and there was no danger of being over voted) was not restrained; and therefore used as an argument against those, who were gone upon pretence" that they were not suf turned from Ireland, incensed against the Scots, "In this time the lord Conway, being refered to declare their opinion freely in the and discontented with the parliament here, findhouse;" which could not be believed, when all ing Mr. Waller in good esteem with the earl of men knew, what liberty Mr. Waller took, and Northumberland, and of great friendship with spoke every day with impunity, against the the carl of Portland, he entered into the same sense, and proceedings of the house. won him a great reputation with all people the discourses administered questions, and conThis familiarity; and, being more of a soldier, in who wished well to the king; and he was siderations, necessary to be understood by men looked upon as the boldest champion the crown had in both houses; so that such lords, and and wished that they who had interest, and that either meant to use force, or to resist it commons, as really desired to prevent the ruin of the kingdom, willingly complied in a great acquaintance in the city, would endeavour by familiarity with him, as a man resolute in their a mutual correspondence to inform themends, and best able to promote them. And it bours, that, upon any exigent, men might 'selves of the distinct affections of their neighmay be they believed his reputation at court so good, that he would be no ill evidence there, discourses being again derived by Mr. Waller 'foresee whom they might trust;' and these of other mens zcal and affection; and so all to Mr. Tomkins, he, upon occasion, and conmen spoke their minds freely to him, both of ference with his companions, insisted on the the general distemper, and of the passions, same arguments; and they again conversing and ambition of particular persons: all men knowing him to be of too good a fortune, and this business, there were not above three who with their friends, and acquaintance, for of all too wary a nature, to engage himself in designs ever spoke together, agreed, that some well of dauger or hazard. affected persons, in every parish, and ward, ' about London, should make a list of all the 'inhabitants; and thereupon to make a reawhich at that time was no hard thing for ob'sonable guess of their several affections," serving men to do, and thence a computation of the strength, and power of that party, which dation. was notoriously violent against any accommo→ "Mr. Waller had a brother-in-law, one Mr. Tomkins, who had married his sister, and was clerk of the queen's council, of very good fame for honesty, and ability. This gentleman had good interest and reputation in the city, and conversed much with those who disliked the proceedings of the parliament, and wished to live under the same government they were born; and from those citizens received infor 6 "I am persuaded the utmost project in this design was, I speak not what particular men and had thereupon fled from London, for apmight intend, or wish upon their own fancies, pearing too great a stickler in a petition for to beget such a combination among the party peace in the city. This gentleman industriwell affected, that they would refuse to con- ously preserved a correspondence still there, form to those ordinances of the twentieth part, by which he gave the king often very useful inand other taxes for the support of the war; telligence, and assured him of a very consiand thereby, or by joint petitioning for peace, derable party, which would appear there for and discountenancing the other who petitioned him, whenever his own power should be so against it, to prevail with the parliament to in- near, as to give them any countenance.' In cline to a determination of the war. And it the end, whether invited by his correspondents may be, some men might think of making ad- there, or trusting his own sprightly inclinations vantage of any casual commotion, or prevent- and resolutions too much, and concluding that ing any mischief by it; and thereupon that all who were equally honest, would be equally enquiry where the magazines lay and discourse bold, he desired his majesty, to grant a comof wearing some distinguishing tokens, had 'mission to such persons, whom he would nobeen rather casually mentioned, than seriously minate, of the city of London, under the proposed. For it is certain, very many who great seal of England, in the nature of a comwere conscious to themselves of loyal purposes 'mission of array, by virtue whereof, when the to the king, and of hearty dislike of the parlia-season should come, his party there would ment's proceedings, and observed the violent, appear in discipline, and order; and that this revengeful, ruinating persecution of al! men, was desired by those, who best knew what by those of the engaged party, were not without countenance and authority was requisite: and sad apprehensions that, upon some jealousy, and 'being trusted to them would not be executed quarrel picked, even a general massacre might at all, or else at such a time as his majesty be attempted of all the king's friends; and 'should receive ample fruit by it; provided it thereupon, in several discourses, might touch were done with secrecy, equal to the hazard upon such expedients, as might in those sea- they should run who were employed in it.' sons be most beneficial to their safety. But "The king had this exception to it, 'the imthat there was ever any formed design, either probability that it could do good, and that of letting in the king's army into London, the failing might do hurt to the undertakers.' which was impossible to be contrived; or of But the promoter was a very popular man in raising an army there, and surprising the par- the city, where he had been a commander of liament, or any one person of it, or of using the trained-bands, till the ordinance of the miany violence in, or upon the city, I could never litia removed him; which rather improved, yet see cause to believe; and if there had, they than lessened, his credit; and he was very would have published such a relation of it, confident, it would produce a notable advanafter Mr. Waller had confessed to them all he tage to the king: however, they desired it who knew, bad heard, or fancied to himself, as were there, and would not appear without it; might have constituted some reasonable under- and therefore the king consented to it; referstanding of it; and not have contented them-ring the nomination of all persons in the comselves with making conclusion from questions mission to him who, he verily believed, had that had been asked, and answers made, by proceeded by the instruction, and advice of persons unknown, and forcing expressions used those that were nearest the concernment; and by one, to relate to actions of another, be- for the secrecy of it, the king referred the pretween whom there had been never the least paring, and dispatch of the commission, to sir acquaintance, or correspondence; and joining Nicholas Crisp himself, who should acquaint what was said at London to somewhat done at no more with it, than he found requisite; so Oxford, at another time, and to another pur- without the privity, or advice of any counsellor, pose: for before I finish this discourse, it will or minister of state then most trusted by his be necessary to speak of another action, which, majesty, he procured such a commission as he how distinct soever from this that is related, desired, being no other than the commission of was woven together to make one plot. array in English, to be signed by the king, and sealed with the great seal. : "From the king's coming to Oxford, many citizens of good quality, who were prosecuted, "This being done, and remaining still in or jealously looked upon in London, had re- his custody, the lady Aubigney, by a pass, and sorted to the king, and hoping, if the winter with the consent of the houses, came to Oxproduced not a peace, that the summer would ford to transact the affairs of her own fortune carry the king before that city with an army; with the king upon the death of her husband, they had entertained some discourse of rais- who was killed at Edge-hill; and she having ing, upon their own stocks of money and cre- in a few days dispatched her business there, 'dit, some regiments of foot, and horse, and and being ready to return, sir Nicholas Crisp 'joining with some gentlemen of Kent, who came to the king, and besought him, to were likewise inclined to such an undertaking: desire that lady,' who had a pass, and so Among these was Sir Nicolas Crisp, a citizen could promise herself safety in her journey, of good wealth, great trade, and an active spi-to carry a small box,' in which that commisrited man, who had been lately prosecuted sion should be with her, and to keep it in with great severity by the house of commons, 'her own custody, until a gentleman should call to her ladyship for it, by such a token;' that token he said, he could send to one of the per'sons trusted, who should keep it by him, till the opportunity came in which it might be 'executed." The king accordingly wished the lady Aubigney, to carry it with great care and secrecy; telling her, it much concerned his own service;' and to deliver it in such a manner, and upon such assurance, as is before mentioned: which she did, and, within few days after her return to London, delivered it to a person who was appointed to call for it. How this commission was discovered, I could never learn: for though Mr. Waller had the honour to be admitted often to that lady, and was believed by her to be a gentleman of most entire affections to the king's service, and consequently might be fitly trusted with what she knew, yet her ladyship herself, not knowing what it was she carried, could not inform any body else. 6 he had said, heard, thought, or seen; all that he knew of himself, and all that be suspected of others; without concealing any person of what degree, or quality soever, or any discourse that he had ever, upon any occasion, entertained with them: What such and such ladies of great honour, to whom, upon the credit of bis great wit, and very great reputation, he had been admitted, had spoke to him in their chainbers of the proceedings in the houses; and how they had encouraged him to oppose them, what correspondence, and intercourse they had, with some ministers of state at Oxford; and how they derived all intelligence thither. He informed them, that the earl of Portland, and the lord Conway, had been particular in all the agitations which had been with the citizens; and had given frequent advice, and directions, how they should demean themselves; and that the earl of Northumberland 'had expressed very good wishes to any at"But about this time, a servant of Mr.tempt, that might give a stop to the violent Tomkins, who had often cursorily over-heard his master and Mr. Waller discourse of the argument we are now upon, placed himself behind a hanging, at a time they were together; and there, whilst either of them discoursed the language and opinion of the company they kept, over-heard enough to make him believe his information, and discovery, would make him welcome to those whom he thought concerned; and so went to Mr. Pym, and acquainted him with all he had heard, or probably imagined. The time when Mr. Pym was made acquainted with it, is not known; but the circumstances of the publishing it were such as filled all men with apprehensions. It was on Wednesday the 31st of May, their solemn fast day, when, being all at their sermon, in St. Margaret's church in Westminster, according to their custom, a letter or message is brought privately to Mr. Pym; who thereupon, with some of the most active members, rise from their seats; and, after a little whispering together, remove out of the church: This could not but exceedingly affect those who stayed behind; immediately they send guards to all the prisons, as Lambeth-House, ElyHouse, and such places, where their malignants were in custody, with directions to search actions, and proceedings of the houses, and produce a good understanding with the king,' "When the committee were thus furnished, they took the examinations of Mr. Tomkins, and such other as they thought necessary, and having at the same time, by some other means, discovered, or concealed it till this time that commission which is before discoursed of, and gotten the very original into their hands, they kneaded both into one plot, and conspiracy; and, acquainting the houses with so much as they thought yet seasonable to publish, they declared, without naming any lords, or other persons, to be interested in the design, save those only who were imprisoned; among whom the lady Aubigney was one; and without communicating any of the examinations, which, they pretended, were not to be common till the conspirators were brought to trial, that the original of this conspiracy was from the late London petition for peace,' which was spoken of about Christmas last in the book precedent; and that under pretence of peace and moderation, a party was to be formed which should be able to suppress all opponents, and to awe the parliament: That, to this purpose, some of those who were the principal movers, and fomenters of that petition, did continue in the nature of a committee, still to carry on the design: that they held intelligence in both armies, court, and parliament; took a general survey of the numbers, and affections of the several inhabitants throughout the wards, and parishes of the city, and places adjacent; and distinguished all under the titles of men affected, or averse to the king; or indifferent, and neutral the prisoners; and some other places which they thought fit should be suspected. After the sermons were ended, the houses met; and were only then told, that letters were inter'cepted going to the king and the court at Oxford, that expssed some notable conspiracy in hand, to deliver up the parliament, and the city, into the hands of the cavaliers; and that the time for the execution of it drew very near.' Hereupon a committee was appointed to ex-persons, carried only by the success, and amine all persons they thought fit; and to ap'prehend some nominated at that time.' And the same night, this committee apprehended Mr. Waller, and Mr. Tomkins; and, the next day, such others as they suspected. "Mr. Waller was so confounded with fear, and apprehension, that he confessed whatever power of the prevailers: That they were well instructed in the number, and inclinations of the trained-bands of London; the places where the magazines were kept; where the commanders for the parliament dwelt; had thought of places for rendezvous, and retreat, upon any occasion, and of colours, and marks 4 of distinction between the different parties.'That Mr. Waller and Mr. Tomkins were the 'principal persons employed, and trusted to 'give advertisment to, and correspond with, 'the king's ministers at Oxford; and receive 'advertisements and commands from thence, 'for the completing the work; that they two held constant intelligence, and intercourse 'with the lord Falkland, then principal secre'tary to the king; and that, from him, they 'received the signification of the king's pleasure; and that those directions, counsels, and encouragements, had been principally 'sent by those messengers which had been em'ployed by his majesty to the parliament, under the pretence of peace; and, especially, by Mr. Alexander Hambden; who came 'with the last message, and was a cousin-german to Mr. Waller. That the lady Aubigney, who had been lately at Oxford, had brought thence a commission to them from the king, by force of arms to destroy, kill, and slay the forces, raised by the parliament and their adherents, as traitors and rebels; and that they had lately sent a message to "Oxford by one Hassel, a servant of the king's, to acquaint the lord Falkland, that the design was come to a good perfection; unto which, answer was returned, that they should hasten it with all speed :-That the particulars of the design appeared to be: 1. To seize into their 'custody the king's children: 2. To seize seve'ral members of both houses, the lord Mayor, and committee of the Militia, under pretence ' of bringing them to a legal trial. 3. To seize upon the out-works, forts, Tower of London, magazines, gates, and other places of impor'tance in the city. 4. To let in the king's 'forces to surprise the city, and to destroy all 'those who should oppose them by authority ' of the parliament. 5. By force of arms to resist all payments imposed by authority of 'parliament, raised for the support of the 'armies employed for their just defence, &c. 'to suspend, if not alter the whole government of the city, and, with assistance of the king's force, to awe, and master the parlia'ment.' 6 "When both houses were awakened, and startled with this report, the first thing agreed on, was, a day of thanksgiving to God for 'this wonderful delivery;' which shut out any future doubts, and disquisitions, whether there had been any such delivery; and, consequently, whether their plot was in truth, or had been so framed. Then it was said, that as the design ' was the most desperate, so the carriage was 'the most subtle, and among persons of reputation, and not suspected; and that there was reason to suspect, many members of both houses were privy to it; and therefore there ought to be all possible care taken to make the discovery perfect, and to unite themselves for the public defence: that if any part were left undiscovered, it might prove fatal to the common-wealth.' This finding a full consent, it was propounded, that a protestation might be drawn up, by which every member ' of the two houses might purge himself from any guilt of, or privity in, that conspiracy; and likewise oblige himself to resist, and oppose any such combination.' They who were under the character of moderate inen, and usually advanced all motions of peace, and accommodation, durst not oppose the expedient, lest they should be concluded guilty; most of them having had familiarity with Mr. Waller, and, no doubt, upon sundry occasions, spoken with that freedom to him, as might very well incur a severe interpretation. if, upon this occasion, what they had said should be scanned. And so, before the rising, there was framed by the house of commons, a Vow and Covenant to be taken by the members of both houses, and afterwards by the city, and their army; for their jealousy was now spread over all their own quarters; which covenant, for the rareness of it both in title and style, I think necessary here to insert in the very terms; which were these : 'A Sacred Vow, and Covenant, taken by the 'Lords and Commons assembled in Parliament, upon the discovery of the late horrid ' and treacherous Design, for the destruction of this parliament and the kingdom; the 6th of June 1643. 'Whereas there hath been, and now is, in 'this kingdom, a popish, and traitorous Plot for 'the subversion of the true protestant reformed religion, and the liberty of the subject; and, in pursuance thereof, a popish army hath 'been raised, and is now on foot in divers parts of this kingdom: and whereas there hath 'been a treacherous and horrid design, lately 'discovered by the great blessing and especial providence of God, of divers persons, to join 'themselves with the armies raised by the king, and to destroy the forces raised by the lords and commons in parliament, to surprise the 'cities of London and Westminster with the suburbs by arms to force the parliament : and finding by constant experience, that many ways of force, and treachery, are continually attempted, to bring to utter ruin and 'destruction the parliament, and kingdom: ' and that which is dearest, the true Protestant religion; And that, for the preventing and withstanding the same, it is fit, that all, who are true hearted, and lovers of their country, should bind themselves each to other in a sa 'cred Vow and Covenant.' I. A. B. in humility, and reverence of the 'divine majesty, declare my hearty sorrow for my own sins, and the sins of this nation, 'which have deserved the calamities, and judg ments, that now lie upon it; and my true intention is, by God's grace, to endeavour the amendment of my own ways; and I do farther, in the presence of Almighty God, declare, vow, and covenant, that in order to the security and preservation of the true reformed 'Protestant religion, and liberty of the subject, I will not consent to the laying down of arms, so long as the Papists, now in open war against the parliament, shall by force of arms be protected from the justice thereof. And that I do abhor and detest the said wicked, and treacherous design, lately discovered: and that I never gave nor will give my assent to the execution thereof, but will, according to my power, and vocation, oppose and resist the same, and all other of the like nature. And in case any other like design 'shall hereafter come to my knowledge, I will make such timely discovery, as I shall conceive may best conduce to the preventing 'thereof. And whereas I do in my conscience believe, that the forces, raised by the two houses of parliament, are raised, and continued for their just defence, and for the defence of the true Protestant religion, and liberty of the subject, against the forces 'raised by the king; that I will, according to my power, and vocation, assist the forces 'raised and continued, by both houses of par⚫liament, against the forces raised by the king 'without their consent: and will likewise assist all other persons that shail take this oath, in what they shall do in pursuance thereof; and will not directly, or indirectly, adhere unto, nor shall willingly assist the forces raised by 'the king, without the consent of both houses of parliament. And this vow, and covenant, I make in the presence of Almighty God, the searcher of all hearts, with a true intention to perform the same, as I shall answer at the great day, when the secrets of all hearts shall be disclosed.' wealth and credit, and most intimate with Tomkins; Mr. Hambden, who brought the last message from the king; one Hassel a messenger of the king's, who passed often between London and Oxford, and sometimes carried letters and messages to the lord Falkland: and some citizens, whose names were in the commission sent from Oxford; by a council of war; by whom Mr. Tomkins, and Mr. Chaloner were condemned to be hanged; and were both, with all circumstances of severity, and cruelty, executed: the one, on a gibbet, by his own house in Holborn; where he had long lived with singular estimation; and the other, by his house in Cornhill, near the old Exchange. Hassel the messenger saved them farther trouble, and died in prison the night before his trial; And there being no evidence against Mr. Hambden, but what Mr. Waller himself gave, they gave no judgment against him, but kept him long after in prison, till he died; neither proceeded they capitally against those citizens whose names were in the commission, it not appearing that their names were used with their consent, and privity; though the brand of being malignants served the turn for their undoing; for all their estates were seized, as theirs were who had been executed. "There is nothing clearer than that the commission seut from Oxford by the lady Aubigney, had not any relation to the discourses passed between Mr. Waller, Tomkins, and those citizens, or that they, who knew of one, had not any privity with the other; which if they had had, and intended such an insurrection, as was alledged, Mr. Waller, and Mr. Tomkins, or some one of those lords who were supposed to combine with them, would have been in the commission. Or if the king's ministers had been engaged in the consultation, and hoped to have raised a party which should suddenly seize upon the city, and the parliament, they would never have thought a commission granted to some gentlemen at Oxford, for the major part of the commissioners were there, and a few private citizens, would have served for that work. I am very confident, and I have very much reason for that confidence, that there was no more known, or thought of at Oxford, concerning the matter of the commission, than I have before set forth, nor of the other, than that Mr. Tomkins sometimes writ to the lord Falkland, for Mr. Waller, out of the cautiousness of his own nature, never writ word, and by messengers signified to him, that the number of 'those who desired peace, and abhorred the proceedings of the houses, was very consider ́able; and that they resolved, by refusing to contribute to the war, and to submit to their ordinances, to declare and manifest them "Though many were much startled at this covenant, and took time to consider of it, there being in the preamble, and positive part, much which very few believed, and in the promissory part a more direct denouncing war against the king, than had been in plain terms before avowed by them, and an absolute protestation against peace, till the king were at their mercy: yet the fear of being concluded guilty of the plot, made them swallow all the rest; and the example of one prevailing with many, there was not a member of either house that took it not: and being thus fettered, and intangled themselves, they sent their committee into the city, to acquaint them with their happy discovery, and how miraculously God had preserved them, and to engage them in the same sacred vow, and covenant:' which was readily submitted to: and, by the industry of their clergy, sooner than can be imagined, taken throughout that people. Then it was, with equal diligence, and solemnity, transmitted to their army, that their fears of inconvenience from thence might be likewise purged: and thence it grew the mark of distinction, to know their friends and enemies by: and whosoever refus-selves in that manner, that the violent party ed to take that covenant, needed no other charge to be concluded, and prosecuted, as the highest malignant. "Being this way secure from any future clamours for peace, they proceeded to try Mr. Tomkins; Mr. Chaloner, a citizen of good t in the city should not have credit enough to hinder any accommodation.' And the lord Falkland always returned answer, that they should expedite those expedients, as soon as might be, for that delays made the war more difficult to be restrained.' And if I could |