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 secretary to the king; and that, from him, they 'received the signification of the king's plea sure; and that those directions, counsels, and encouragements, had been principally 'sent by those messengers which had been employed 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 several 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 importance 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 govern'ment of the city, and, with assistance of the king's force, to awe, and master the parlia 'ment.' 6 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 men, 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 Parlia ment, 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.' 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 I. A. B. in humility, and reverence of the 'was the most desperate, so the carriage was 'divine majesty, declare my hearty sorrow for 'the most subtle, and among persons of reputa6 my own sins, and the sins of this nation, tion, and not suspected; and that there was 'which have deserved the calamities, and judgreason to suspect, many members of both ments, that now lie upon it; and my true inhouses were privy to it; and therefore there tention is, by God's grace, to endeavour the ought to be all possible care taken to make amendment of my own ways; and I do farthe discovery perfect, and to unite themselves ther, in the presence of Almighty God, de'for the public defence: that if any part were ' clare, vow, and covenant, that in order to the 'left undiscovered, it might prove fatal to the 'security and preservation of the true reformed 'common-wealth.' This finding a full con- 'Protestant religion, and liberty of the subsent, it was propounded, that a protestation 'ject, I will not consent to the laying down of 4 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 bim, 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. arms, so long as the Papists, now in open | wealth and credit, and most intimate with 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 bereafter 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 parliament, against the forces raised by the king without their consent: and will likewise assist all other persons that shall 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 "There is nothing clearer than that the comof parliament. And this vow, and covenant, mission seut from Oxford by the lady Aubigney, I make in the presence of Almighty God, had not any relation to the discourses passed the searcher of all hearts, with a true inten-between Mr. Waller, Tomkins, and those citition to perform the same, as I shall answer at the great day, when the secrets of all hearts shall be disclosed.' zens, 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 "Though many were much startled at this alledged, Mr. Waller, and Mr. Tomkins, or some covenant, and took time to consider of it, there one of those lords who were supposed to combine being in the preamble, and positive part, much with them, would have been in the commission. which very few believed, and in the promis- Or if the king's ministers had been engaged in sory part a more direct denouncing war against the consultation, and hoped to have raised a the king, than had been in plain terms before party which should suddenly seize upon the avowed by them, and an absolute protestation city, and the parliament, they would never against peace, till the king were at their mercy: have thought a commission granted to some yet the fear of being concluded guilty of the plot, gentlemen at Oxford, for the major part of the made them swallow all the rest; and the excommissioners were there, and a few private ample of one prevailing with many, there was citizens, would have served for that work. I not a member of either house that took it not: am very confident, and I have very much reaand being thus fettered, and intangled them- son for that confidence, that there was no selves, they sent their committee into the city, more known, or thought of at Oxford, concernto acquaint them with their happy discovery, ing the matter of the commission, than I have and how miraculously God had preserved before set forth, nor of the other, than that Mr. them, and to engage them in the same sacred Tomkins sometimes writ to the lord Falkland, vow, and covenant:' which was readily sub- for Mr. Waller, out of the cautiousness of his mitted to and, by the industry of their clergy, own nature, never writ word, and by messooner than can be imagined, taken through- sengers signified to him, that the number of out that people. Then it was, with equal dili- 'those who desired peace, and abhorred the gence, and solemnity, transmitted to their proceedings of the houses, was very considerarmy, that their fears of inconvenience fromable; and that they resolved, by refusing to thence might be likewise purged: and thence 'contribute to the war, and to submit to their it grew the mark of distinction, to know their ordinances, to declare and manifest themfriends 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 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. find evidence, or reason, to induce me to be-willing should be tried, and for things, which lieve, that there was any farther design in the thing itself, or that the king gave farther countenance to it, I should not at all conceal it. No man can imagine, that if the king could have entertained any probable hope of reducing London, which was the fomenter, supporter, and indeed the life of the war, or could have found any expedient, from whence he could reasonably propose to dissolve, scatter, and disperse those who, under the name of a parliament, had kindled a war against him, but he would have given his utmost assistance, and countenance thereunto, either by public force, or private contrivance. : they would account no crimes; the inconve nience, and insupportable mischief whereof, all wise common-wealths had foreseen, and prevented, by exempting their own members from all judgment but their own:' He prevailed, not to be tried by a council of war; and thereby preserved his dear bought life; so that, in truth, he does as much owe the keeping his head to that oration, as Catiline did the loss of his to those of Tully and by having done ill very well, he, by degrees, drew that respect to his parts, which always carries some compassion to the person, that he got leave to compound for his transgression, and them to accept of 10,000l. (which their affairs wanted) for his liberty; whereupon he had leave to recollect himself in another country, for his liberty was to be in banishment, how miserable he had made himself, in obtaining that leave to live out of his own. And there cannot be a greater evidence of the inestimable value of his parts, than that he lived, after this, in the good affection and esteem of many, the pity of most, and the reproach and scorn of few, or none." "There were very great endeavours used, to have proceeded with equal severity against the earl of Portland, and the lord Conway, (for the accusation of the earl of Northumberland, it was proceeded tenderly in; for though the violent party was heartily incensed against him, as a man weary of them, yet his reputation was still very great), who were both close prisoners; and, to that purpose, their lordships and Mr. Waller were confronted before the committee, where they as peremptorily deny- Whitelocke, speaking of the access to the ing, as he charging them, and there being no King, of the Parliament's Commissioners in the other witness but he against them, the prosecu- late treaty at Oxford, says "January 28, tion was rather let alone than declined, till 1642-3. All of them kissed his hand, not as after a long restraint they procured enlarge they were ranked in the Safe Conduct, but ment upon bail. Mr. Waller himself, (though according to their several degrees. Mr. Pierconfessedly the most guilty; and by his un- point before the knights, he being an earl's son, happy demeanour, in this time of bis affliction, and Mr. Winwood before Mr. Whitelocke, he had raised as many enemies as he had he being the eldest knight's son; and Mr, formerly friends, and almost the same) after he Waller was the last. The king said to him had, with incredible dissimulation, acted such a though you are the last, yet you are not the remorse of conscience, that his trial was put worst, nor the least in my favour.' The off out of Christian compassion, till he might discovery of a Plot then in hand in London, recover his understanding, (and that was not, to betray the Parliament, wherein Mr. Waller till the heat, and fury of the prosecutors, was was engaged with Challoner, Tomkins, and reasonably abated with the sacrifices they had others, which was then in agitation, did manimade), and, by drawing visitants to himself, of fest the king's courtship to Mr. Waller to be the most powerful ministers of all factions, had, for that service."-Afterwards he says, “ June by his liberality, and penitence, his receiving began with the arraignment of Waller, a mem vulgar and vile sayings from them with humi- ber of the house of commons, Tomkins, Challity, and reverence, as clearer convictions and loner, and others, for conspiring to surprize informations than in his life he had ever had; the city militia, and some members of parlia and distributing great sums to them for their ment, and to let in the king's forces, to surprayers, and ghostly counsel; so satisfied prize the city, and dissolve the parliament. them, that they satisfied others; was brought, Waller, a very ingenious man, was the princi at his suit, to the house of commons' bar; pal actor and contriver of this Plot, which was where, (being a man in truth very powerful in in design when he and the other commissioners language; and who, by what he spoke and in were at Oxford with the Parliament's Propothe manner of speaking it, exceedingly capti-sitions. And that, being then known to the vated the good will and benevolence of his hearers; which is the highest part of an ora tor) with such flattery, as was most exactly calculated to that meridian, with such a submission, as their pride took delight in, and such dejection of mind, and spirit, as was like to cozen the major part, and be thought serious; be laid before them their own danger, and concernment; if they should suffer one of 'their own body, how unworthy and monstrous 'soever, to be tried by the soldiers, who might thereby grow to that power hereafter, that ' they would both try those, they would not be king, occasioned him to speak the words to Waller when he kissed his hand, (' though you' are the last, yet you are not the worst, nor the least in our favour') as is before remembered. When he was examined touching this Plot, he was asked whether Selden, Pierpoint, Whitelocke, and others by name, were acquainted with it: he answered, That they were not,' but that he did come one evening to Selden's study, where Pierpoint and Whitelocke then were with Selden, on purpose to impart it to them all, and speaking of such a thing in general terms, those gentlemen did so liament, is in lord Wharton's papers in the Bodleian Library at Oxford.' inveigh against any such thing, as treachery|cerned in the plot of 1643 against the parand baseness, and that which might be the occasion of shedding much blood. That, he said he durst not, for the awe and respect which he had for Selden, and the rest, communicate any of the particulars to them; but was almost disheartened himself to proceed in it. They were all upon their Trial condemned, Tomkins and Challoner only were hanged, Waller had a reprieve from general Essex, and after a year's imprisonment, he paid a fine of 10,000l. was pardoned, and travelled into France." Doctor Johnson in his Life of Waller informs ns, that "he stayed some time at Roan, where his daughter Margaret was born, who was afterwards, his favourite, and his amanuensis. He then removed to Paris, where he lived with great splendor and hospitality; and from time to time amused himself with poetry, in which he sometimes speaks of the rebels, and their usurpation, in the natural language of an honest man. At last it became necessary, for his support, to sell his wife's jewels; and being reduced, as he said, at last to the rump-jewel, he solicited from Cromwell permission to return, and obtained it by the interest of colonel Scroop, to whom his sister was married. Upon the remains of a fortune, which the danger of his life had very much diminished, he lived at Hall-barn, a house built by himself, very near Beaconsfield, where his mother resided. His mother, though related to Croinwell and Hampden, was zealous for the royal cause, and when Cromwell visited her, used to reproach him; he, in return, would throw a napkin at her, and say he would not dispute with his auut: but finding in time that she acted for the king, as well as talked, he made her a prisoner to her own daughter, in her own house. If he would do any thing he could not do less. Cromwell, now protector, received Waller, as his kinsman, to a familiar conversation. Waller, as he used to relate, found him sufficiently versed in ancient history; and, when any of his enthusiastic friends came to advise or consult him, could sometimes overhear him discoursing in the cant of the times; but when he returned, he would say, Cousin Waller, I must talk to these men in their own way :' and resumed the cominon style of conversation." Mr. Seward in the second volume of his "Anecdotes," p. 135, says,The original of the following letter of Mr. Waller to colonel Godwin, when he was accused of being con 6 Sir; If you be pleased to remember what your poor neighboure has been, or did knowe what his heart now is, you might perhaps be inclined to contribute something to his preservation. I hearde of your late being in towne, 'but am so closely confined, that I knowe not how to present my humble serviss and request unto you. Alas, Sir! what should I say for myself! Unless your own good-nature and proneness to compassion incline you towards me, I can use no argument, having deserved so ill; and yet, it is possible you may remember, I have heretofore done something better, when God blest me so as to take you and my dear cosen (your late friend now with God) for my example. Sir, as you succeed him in the general hopes of your country, so do you likewise in my particular hope. I knowe you would not willingly have that fall out, which he (if alive) would have wished otherwise. Be not offended (I beseech you) if I put you in minde what you were plesed to say to your servant, when the life of that worthy person was in danger, in a noble cause as anye is now in the country. You asked me then, if I were content my kinsman's blood should be spilt: and truly I thinke you found not by my words only, but my actions also, my earnest desire to preserve and defend him, having had the honour to be employed among 'those who persuaded the shreves (the sheriffs) with the trayned bands to protect him and the rest in the same danger, to the house. As then you were pleased to remember I was of his bloode, so I beseech you forgett it not now, and then I shall have some hopes of your favour. Sir, my first request is, that you will be nobly pleased to use your interest with Dr. Dorislaus, to show me what lawful favour be may in the trya!l; and if I am forfeited to justice, that you will please to incline my Lord General to grant me his pardon. Your interest, both with his excellence, and in the house, is very great: but I will not direct your wisdome which way to favour me: only give me leave to assure you, that (God with his grace assisting the resolution he has given me) you shall never have cause to repent the sav ing a life which I shall make haste to render you again in the cause you maintain, and express, myself during all the life you shall lengthen,' Sir, Your most humble, faithful, and 'obedient Servant, EDMUND WALLER.' 173. The Trial of CONNOR Lord MACGUIRE, at the King's-Bench, for High Treason, in being concerned in the Irish Massacre:† 20 CHARLES I. A. D. 1645. ON Monday the 11th of November 1644, the God in his heart, nor considering his duty or prisoner was brought to the bar of the King's allegiance, but being seduced by the instigaBench to be arraigned; By the Indictment hetion of the devil, intending altogether to withwas charged, That he, together with sir Phil. draw, blot out, and extinguish the cordial love O-Neale, Philip O-Relly, Roger Moore, esq. and due obedience which faithful subjects owe Roger Macguire, esq. Toole O-Coule, clerk, to their sovereign; did, on the 20th of Octobeing a Roman priest, Hugh Macmahune, and ber, 17 Car. at Dublin in Ireland, in the parts divers other persons, false traitors, unknown; beyond the seas, and at divers other times, both as a false traitor against the king's majesty, before and after, as well at Dublin as elsehis supreme liege lord, not having the fear of where, falsely, maliciously, and traitorously * This Macguire was one principally de-land, they continued there in custody till Sasigned for the surprizal of the Castle of Dub-turday the 17th of August 1614. And then lin, and the securing or murdering the Lords, by confederacy with two priests that belonged Justices and Council, for which intent he came to the Spanish ambassador, and one Mrs. Lcpurposely to Dublin the day before; but the viston over against the New Exchange in the Plot being detected that night, he fled disguised Strand, in whose house the French agent lay, from his usual lodgings at one Nevil's, a chi-they having got a small steel saw, therewith in Turgeon in Castle-street, and secretly hid him- the night sawed asunder the door of their self at one Ker's, a taylor in Cook-street, where chamber, which was above two inches thick, he was found in a cock-loft by John Wood- and so with cords got over the Tower-wall, and cock, one of the sheriffs of Dublin, standing swain over the ditch; whereupon the parliawith his cloak wrapt about him in an obscurement set forth an order for their apprehension, place, in which posture he was apprehended promising 100l. to any that should bring them and brought before the Lords Justices and in, or either of them, dead or alive; and that Council, where he made some sort of a Con- whosoever should harbour or relieve them, fession, upon which he was committed prisoner should be prosecuted as traitors. No news was to the Castle the 23d of October 1641, from heard of them till the 19th of September, and whence he was sent into England the 12th of then they having got lodgings in a constable's June following, and continued prisoner there house in Drury-lane, and one of them looking till the 18th of August 1644, when he made out of the window or balcony to call a woman his escape; but was retaken the 20th of Oct. that cried oysters, it happened at that instant following. Former edition. a servant of sir John Clotworthy's espied him, and instantly gave notice to his master and the lieutenant of the Tower, who came and seized them, and carried them back to the Tower; Mrs. Leviston's room was also searched and she taken into custody, but because the French minister had lodgings in her house, to prevent any occasion of offence, a declaration was drawn up to give his most Christian majesty satisfaction touching this affair. This breaking prison put the two houses upon expediting their trial." The following is Rushworth's Account : "These gentlemen," (Lord Macguire and Hugh Oge Mac Mahone, esq. who being arraigned with lord Macguire and pleading Not Guilty, and putting himself for trial upon God and his country, was convicted and executed in Nov. 1644), "were two of the principal contrivers of the Irish rebellion, and massacre of the Protestants in that kingdom; and taken upon the first discovery October 22, 1641, at Dublin, being come up thither on purpose to surprize the castle, the next day, the time appointed for the general insurrection; Mac Mahone upon his first apprehension freely confessed, and boldly avowed the Plot; but Macguire would then acknowledge nothing; but on the 26th of March following, being examined before the lord Lambert and sir Robert Meredith, Chancellor of his majesty's Court of Exchequer, he owned and set forth much of the Conspiracy, which examination you have before in the first chapter relating to Ireland. About July, 1642, they were sent over into Eugland, and committed to the Tower, and by means of the multiplicity of affairs wherein the two houses were involved, and the difficulty of having the witnesses against them from Ire Of this shocking and terrific Massacre, May gives the following Account : About the end of October, 1641, during the king's abode in Scotland, the most barbarous and bloody rebellion that ever any age, or nation, were guilty of, broke out in Ireland. The atrocity of it is without a parallel; and as full of wonder was the close carriage of so black and far-reaching a design. The innocent Protestants were, upon a sudden, disseized of their estates, and the persons of above two hundred thousand men, women, and children, murdered, many of them with exquisite and unheard-of tortures, within the space of one month. "That which increased the amazement of most men, was, the consideration that the an |