both houses in such a way as is already agreed upon by both houses of parliament; and next day they published an ordinance for that purpose. March 9, both houses presented a declaration to the King at New-Market, expressing the causes of their fears and jealousies, and their earnest desires that his majesty would put from him those wicked and mischievous counsellors, that have caused these differences between him and his parliament; that he would come to Whitehall, and continue his own and the Prince's residence near his parliament, which he may do with more honour and safety than in any other place. We beseech your majesty, say they, to consider in what state you are, and how easy the way is to happiness, greatness and honour, if you will join with your parliament; this is all we expect, and for this we will return you our lives and fortunes, and do every thing we can to support your just sovereignty and power. But it is not words alone that will secure us; that which we desire is some real effect in granting those things that the present necessities of the kingdom require. They add further, that his majesty's removal to so great a distance not only obstructed the proceedings of parliament, but looked like an alienation of the kingdom from himself and family.

His majesty's best friends advised him to take this opportunity of returning to London; and it must be solely imputed to his majesty's own resolutions, says Clarendon, that he took not that course; but instead of this, he broke out into a passion and told them, he had his fears for the true protestant profession and the laws as well as they :-" What would you have, says his majesty? have I violated your laws, or denied to pass any bill for the ease of my subjects? I do not ask you what you have done for me-God so deal with me and mine, as my intentions are upright for maintaining the true protestant profession and the laws of the land."-Being asked by the Earl of Pembroke, whether he would not grant the militia for a little time? his majesty swore by God, no, not for an hour." When he was put in mind of his frequent violation of the laws, his majesty replied, that he had made ample reparation, and did not expect to be reproached with the actions of his ministers.

As his majesty insisted upon the militia, he claimed also an unalienable right to all the forts and garrisons of the kingdom, with an uncontroulable power to dispose of the arms and ammunition laid up in them, as his proper goods. This the parliament disputed, and maintained that they were his majesty's only in trust for the public, and that in discharge of this trust the parliament sitting. are his counsellors; for if the King had such a property in the forts and magazines as he claimed, he might then sell or transfer them into an enemy's hand as absolutely as a private person may his lands and goods; which is a strange maxim, and contrary to the act of 40th Edward III. Many declarations passed between the King and his parliament on this argument, while each party were getting possession of all they could. The King was contriving to make sure of the magazine of Hull, but the parliament were beforehand with him, and not only secured that important fortress, but got the command of the fleet, which submitted to the Earl of Warwick, whom the parliament appointed to be their admiral.

The ordinance of March 5, for disposing of the militia by both houses of parliament without the King, in cases of extreme danger to the nation, of which danger the two houses were the proper judges, with the subsequent resolutions of March 16, where the grand crisis which divided the house into two parties. Mr. Hyde, afterwards Lord Clarendon, Mr. Bridgeman, Mr. Palmer, and other eminent lawyers and gentlemen, having given their opinion against the ordinance, quitted their seats and retired to the King. On the other hand, Serjeant Maynard, the Lord-keeper Littleton, Messrs. Whitlock, Glyn, Selden, Lee, St. John, Grimston, and divers others of no less judgment in law, and of a superior interest in their country, accepted of commissions in the militia, and continued in the service of the parliament. Many retired to their country seats, and were for standing neuter in this nice conjuncture; but those who remained were about three hundred, besides fifty that were employed in the

country, and about fifty more absent with leave; the rest went over to the King, and were some time after expelled the house. But from this time the sitting members were more resolute, and met with less opposition.

His majesty acquainted the houses from Huntington, March 15, with his design to reside for some time at York; and adds that,-He expected they should pay a due regard to his prerogative, and to the laws established; and that none of his subjects should presume under colour of any order or ordinance of prrliament, to which his majesty is not a party, to do or execute what is not warrantable by the laws. -His majesty's intention by this message, was to put a stop to all further proceedings of the parliament, for their own and the nation's security, till they had digested all their grievances into a body.

But instead of tiring the reader with a long paper war, I will make one general remark, which may serve as a key to the whole controversy. If we suppose the kingdom to be in its natural state, after the King had withdrawn from his parliament, and would act no longer in concert with them; if the constitution was then entire, and the most considerable grievances redressed; if the laws in being were a sufficient security against the return of popery and arbitrary power, and there was good reason to believe those laws would have their free course; -then the King's reasons for his conduct are strong and conclusive; for in all ordinary cases, the administration of justice, and the due execution of the laws, is vested in the crown; nor may the lords and commons in parliament make new laws, or suspend and alter old ones, without his majesty's consent. But on the other hand, if in the opinion of the lords and commons in parliament assembled, who are the representatives of the whole nation, the constitution is broken; by the King's deserting his two houses, and resolving to act no longer in concert with them, or by any other overt-acts of his majesty's council, inconsistent with the constitution. Or if both houses shall declare the religion and liberties of the nation to be in imminent danger, either from foreign or domestic enemies, and the King will not concur with his parliament to apply such remedies as the wisdom of his two houses shall think necessary; than certainly after proper petitions and remonstrances, they may from the necessity of the case provide for the public safety, as much as in the case of nonage or captivity of the prince. In order therefore to decide in the present controversy, we must make an estimate of the true condition of the nation; whether it was in its natural state; or whether the constitution being divided and broken by the King's deserting his parliament, the legal form of government was not dissolved? In the former case I apprehend the King was in the right; in the latter, the parliament.

This unhappy controversy was managed with great warmth and mutual reproaches, though with this decency, that the King did not charge his parliament with criminal designs, but only a malignant party in both houses; nor did the parliament reproach the King, but laid all their grievances upon his evil counsellors; however it is easy to observe, that it was impossible the two parties should agree, because they reasoned upon so different a principle; the King supposing the nation was in a sound state, and that therefore the laws ought to take their natural course; the parliament apprehending the constitution broken, and that therefore it was their duty to provide for the public safety, even without the King's concurrence. But we shall have more light into this controversy hereafter.

To return to the history; though the Scots were made easy at home, being in full possession of their civil and religious rights, yet they could not remain unconcerned spectators of the ruin of the English parliament, partly out of gratitude for the favours they had received, and partly from an apprehension that the security of their own settlement, as well as the introducing their kirk discipline into England, depended upon it. While the King was at Windsor, the Scots commissioners at London offered their mediation between his majesty and his two houses; in their petition they tell his majesty, that the liberties of England and Scotland must stand and fall together; and after some expressions of grief for the distractions of England, which they conceive to arise from the plots of the papists and prelates, whose aim has been not only to prevent any further reformation, but to subvert the purity and truth of religion; they offer their service to compose the differences, and beseech his majesty, to have recourse to the faithful advices of both houses of parliament, which will not only quiet the minds of his English subjects, but remove the jealousies and fears that may possess the hearts of his subjects in his other kingdoms.

The King was highly displeased with the Scots mediation, and sent them word that the case of England and Scotland was different; that in Scotland episcopacy was never fully settled by law, and is found to be contrary to the genius of the people; but in England it is rooted in the very constitution, and has flourished without interruption for eighty years; he therefore commands them not to transact between him and his parliament, without first communicating their propositions to him in private. At the same time his majesty sent letters into Scotland, and ordered the chancellor to use his utmost efforts to keep that kingdom neutral. On the other hand, the parliament threw themselves into the arms of the Scots; they thanked the commissioners for their seasonable interposition, and prayed them to continue their endeavours to remove the present distractions, and to preserve the union between the two kingdoms. They wrote likewise into Scotland to the same purpose; the effects of which will appear at the next meeting of their parliament. In the mean time, the lords and commons to encourage the expectations of their friends in both kingdoms, published for the satisfaction of the people a declaration of their intentions to accomplish a due and necessary reformation of the government and discipline of the church: and to use their utmost endeavours to establish learned and preaching ministers, with a good and sufficient maintenance, throughout the whole kingdom. This declaration was ordered to be published by the sheriffs of the several counties.

The distance between London and York increased the misunderstanding between the King and his parliament ; numbers of passengers travelling between the two places with secret intelligence, the parliament appointed an oath, called the negative oath, to be taken by all who came from the King's quarters. By this oath the parties bind themselves that they will not directly or indirectly assist