Affection to My People as I desire My People should shew to Me and not only so but likewise in Eschewing all Occasions of Dispute and in seeking to remove Jealousies And for this particular Bill you cannot but know that I do Freely and Frankly give over that Right which My Predecessors have ever Esteemed their own though I confess disputed yet so as it was never Yielded by any of them Therefore you must understand this as a mark of My Confidence in you thus to put My Self wholly upon the Love and Affections of My People for My Subsistence and therefore I hope in the perfecting of this you have begun you will go on the more Cheerfully And as for those Rumors which have bred Suspitions concerning the Army though I have heard some loose Discourses touching it which I never understood otherwise than as having Relation to the Scottish Army or preventing Insurrections yet they were so slight of themselves that they vanished by their own lightness within few dayes after they were born And therefore having shewed you my Clearness in this I will leave you with the Assurance That I never had other Design but to win the Affections of my People by the Justice of my Government With this flattering Eloquence did they endeavour to impose upon the gracious Inclinations of his Majesty who did in all things apply himself to oblige them representing themselves as most tenderly concerned for the Support of his Royal Crown and Dignity by this small Supply which was in reality nothing more than raising mony by his Royal Authority towards defraying a Debt which they had drawn upon the Nation by the burdensome maintenance of the Army of their Brethren of Scotland Dr. Leighton another such Turbulent Presbyterian as Prin Wednesday June 23. Dr. Leighton inlarged from his Imprisonment in the Fleet. A Bill for punishing Scandalous Ministers read the first time Burton and Bastwick who for his affronting the Government was committed Prisoner to the Fleet was this day by order of the House of Commons inlarged from his Imprisonment A Bill was this Day read the first time for the punishing of Scandalous Ministers By which as it afterwards appeared they intended the Loyal and Orthodox Clergy for indeed to stand up for the Established Government of the Church to defend the Liturgy to maintain the Royal Prerogative or to speak any thing against the violent proceedings of the Parliament for Extirpation of Episcopacy were the greatest Crimes and Scandals in the World against which neither Learning nor Priety were the least Defence A Bill for taking away the Court of Requests read the first time A Bill was also read the first time for suppressing and abolishing the Court called the Court of Requests The King had now upon the pressing importunities of the Scottish Commissioners and in hopes by his presence there at the Parliament to Compose the Affairs of that Kingdom resolved upon a journey into Scotland This sudden turn put the Faction in England to a strange perplexity They were very jealous and fearful lest the King coming to a perfect accommodation with his Subjects of Scotland they might be defeated of the hopes of that Brotherly assistance which they expected from them and which they had purchased at so dear a Rate and that the want of their help might prove a mighty obstacle to the intended progress of their Reformation of the Church and State in England But Mr. Pym who never wanted a Letter of dangerous Consequence though of his own Contrivance to help them out at a dead lift Thursday June 24. Clerk of the Markets Bill passed the Commons Bill for punishment of Scandalous Ministers read a second time Bill to prevent vexatious sults for Knighthood read a second time produced one in the House which being read he moved that a Conference should be desired with the Lords concerning the King's going into Scotland The Bill for the regulating the Clerks of the Markets being read a third time was also this day passed the House of Commons Also the Bill for punishing Scandalous Ministers was read a second time A Bill for the preventing vexatious Suits for Knighthood had also this day a second Reading Then several heads for a Conference with the Lords and several Propositions to the King before he go into Scotland were read The Cessation was also prolonged for a fortnight longer if the Treaty shall so long continue It was Ordered Cessation prolonged Father Philips the Queens Confessor sent for about a Letter intercepted going to Mr. Montague in France That Father Phillips should be sent for to attend the Committee in the Asternoon about a Letter from one Father Philips to Mr. Mountague in France The Messenger coming to White-hall and finding him acquainted him therewith Philips told him He would only go in again and eat something and go along with him But he immediately went and acquainted the Queen with his sending for by the Commons after some stay he returned and told the Messenger That he had been with the Queen who had commanded him not to go till she had spoken with the King and that he would obey her Command before that of the House of Commons Which Message being related to the House it was Ordered That a Warrant should be sent to apprehend him and bring him before the House as a Delinquent A Warrant was also directed to the Serjeant at Arms to bring the Pope's Nuncio before the House but he was not to be found The Bishop of Lincoln Reports the Conference about the Ten Propositions had this morning with the House of Commons The 10 Propositions of the Commons to be presented to the King before he goes into Scotland June 24 1641 which was delivered by Mr. Pym who spake as followeth He told your Lordships that he was Commanded by the House of Commons to present unto your Lordships their continued Care and Endeavour for the good of the Kingdom that as your affections are Vnited with them in one great End to serve God the King and the Commonwealth so your Counsels might likewise jointly Co-operate thereunto There is but one End and one Foundation of all these Affections and Counsels howbeit they spread themselves to many and several Branches for they are so Vnited and Interweaved Duties which we owe to our God our King and our Common-wealth that we cannot duely and truely serve God but thereby we serve our King nor serve God and our King as we ought without our Service to the Common-wealth And as a way to this Common and General End he was to make unto your Lordships several Propositions Because they had lately found out very Malignant and Pestiferous Designs set on foot or plotted to trouble the Peace of the Kingdom The which though they were prevented yet were still pursued which is the Reason why the House of Commons do present your Lordships with these several Propositions in Ten several Heads which have their Branches
Members and Assistants of this House as they shall nominate may be Examined Whereupon it was Ordered That this House will joyn with the House of Commons in this Message Ordered That the same deputed Lords do take the Examination of Witnesses upon Oath in the Cause concerning the Arch-Bishop of Canterbury as were deputed in the Earl of Strafford 's and the same Oath to be Administred and the same Course to be observed in the rest of the Particulars Ordered That the now Earl of Bedford shall be added to the Deputed Lords in his Father's room and Mr. Attorney General and Mr. Serjeant Glanvile are appointed to write down the Examinations This afternoon A standing Order of the House it being a considerable time before there were Forty Members to make a House it was Ordered That so soon as the House Sits and that the Serjeant comes to any Committee then Sitting to signifie to them that the House is Sitting that the Chair-man shall immediately come away to attend the Service of the House Ordered That the Committee for the Bishop of Bath and Wells sit to morrow in the Afternoon at Two of the Clock in the Dutchy Chamber The Case of one Mr. Smith a Minister Votes in the Case of Mr. Smith a suspended Minister formerly suspended by Sir John Lamb being reported to the House it was Resolved c. That Mr. Smith was illegally suspended by Sir John Lamb and that Sir John Lamb ought to give him reparation and satisfaction for his damages sustain'd by that Suspension Mr. Hide reports the Articles against Sir John Bramston Knight Mr. Hide Reports the Articles against Lord Chief Justice Bramston The Controversy between the Lord Major and Commonalty of London about Election of one Sheriff heard Lord Chief Justice of the King's-Bench All which being singly Voted together with the Title were ordered to be ingrossed in order to their being carried up to the Lords Upon the opening of the Cause between the Lord Mayor and Aldermen and the Commonalty of London concerning the Election of one of the Sheriffs which formerly hath been chosen by the Lord Mayor and presented to the Commonalty on Midsummer-day for their Confirmation and likewise the differences concerning the Nomination and Election of other Officers now in question between the said Lord Mayor and the Commonalty the Lord Mayor alledging the said Sheriff and Officers to be Nominated and Confirmed by him according to the constant practice of the said City for 300 years last past without any contradiction or gain-saying But the Commonalty alledging on the behalf of the Commons that they had interest in the said Nomination and Elections It was thereupon Ordered by the Lords in Parliament That the said Lord Mayor shall call a Common-Hall on Friday 2 July 1641. Which Common-Hall is to consist of the Masters and Wardens and Livery-men of the several Companies of London and no other And that the Commonalty are then to Assemble in a peaceable and quiet manner to settle and compose the Dfferences between the said Lord Mayor and themselves if they can if not then to make choice of Six discreet persons of the said Commonalty to treat and debate this business between them and settle and compose all differences among themselves between this and Friday come seven-night being the Ninth of July 1641. But in case the said Differences cannot be composed then the pleasure of the House is that the said Cause shall be heard in open House at the Bar on the said Ninth of July And that in the mean time the said Persons so chosen as aforesaid shall have free liberty by themselves their Council and others that they shall employ to View and Transcribe such and so much of the Charters of the said City Acts of Common Council Books of Entries of Elections and Accompts and all such other Acts and Records as shall or may concernt the said Causes in Question and that all Clerks and others in whose Custody the said Instruments are shall be assisting to the said Searchers And lastly that if the Cause shall come before the Lords in Parliament that then the said six Persons so chosen as aforesaid shall attend the same before their Lordships Thus Early did the Faction grasp at every thing of Power and Authority and the Common-Halls indeavouring to divert the Lord Mayor of his Priviledges was but a fore-runner that the House of Commons would do the same and set up the Popular Authority above that of their Soveraign Lord the King of whom the Lord Mayor was the immediate Representative Then the Earl of Bristol Reported to the House The Earl of Bristol's Report of the Scots Commissioners Answer about the staying the Kings Journey June 29. 1641. That the Lords Commissioners had met with the Commissioners of Scotland and delivered unto them the Paper concerning the time of his Majesties Journey into Scotland Which was read in haec verba Viz. His Majesty hath Commanded us to let you know That whereas he hath been Petitioned by both Houses of Parliament for some stay of his Journey to Scotland until the Armies be Disbanded and that divers other things for the Peace and Good of this Kingdom be setled And whereas his Majesty doth acknowledg himself ingaged by his Promise and by his Letters as likewise by his late Proclamation declaring his Resolution to be present at the Holding of the Parliament in Scotland at the day in the Proclamation limited his Majesty being desirous to give Satisfaction to the Parliaments of both Kingdoms hath Commanded Us to declare unto you the Desire of the Parliament of England and to Treat with you how his Going may be best Fitted and Accommodated to the Convenience of both Kingdoms and the Desire of both Parliaments Then was read the Scottish Commissioners Answer hereunto which follows We do with all Thankfulness acknowledg his Majesties Royal and Tender Care of Settling the Affairs of his Ancient and Native Kingdome of Scotland and the Constancy of his Resolution according to his Royal Promise and Proclamation to be present at the Day appointed Our Affection also toward the Settling of the Affairs of England and the Desires of the Houses of Parliament that his Majesties Journey to Scotland may be stayed for some time to that Effect do so far prevail with us that we shall deal most Earnestly with the Parliament of Scotland That they Adjourn their Meeting till the 5th of August or if they shall find that a new Adjournment of the Parliament after so many Prorogations be so prejudicial to the present Condition of the Affairs of that Kingdom that it cannot be granted We will Endeavour That they may in their Meetings be only Exercised in preparing Matters for the Parliament and that they determine nothing nor make any Act till the day Designed for his Majesties coming But withall we must signifie That the present Constitution of that Kingdom for want of Councel Session and other Courts of
Counties in this Kingdom but they conceive that their Names will be unacceptable and their Persons unwelcome and being thus Impeached to become Judges of Mens Lives and Estates will be a thing of great offence and distraction Therefore the House of Commons desired that all the Commissions granted to the Peccant Judges may be superseded and that their Names may be no more Vsed in Commissions and when the great Affairs now in agitation be dispatched they desired their Lordships to take their Impeachments into Consideration and proceed therein according to Justice Ordered That this House Consents to both these Requests of the House of Commons touching the aforesaid Judges This day the Lord Bruce was introducted with the usual Ceremonies his Patent bearing Date Aug. 2. 1641. Lord Bruce introducted The Earl of March reported to this House The Kings Answer about the Irish Acts. That His Majesty is pleased to like well of the Advice of this House concerning the staying of the Acts of Grace and Favour which were to be passed for the Kingdom of Ireland and will give order it shall be done accordingly until this House hath considered of the Letter sent to the Lord Keeper from the Speaker of the Lords House in Ireland Propositions of the Scots Commissioners and Answers of the English Lords Commissioners August 5. 1641. Propositions for the concluding the Peace with the Scots The Earl of Bristol reported the Propositions and Articles given in by the Scots Commissioners after the Lord Lowdon's return from the Parliament of Scotland which were read as followeth That the Treaty of Peace may be brought to a speedy and happy Close we do offer to your Lordships Consideration the following Particulars I. That as soon as the Scottish Army shall remove out of England to Scotland the English Garrisons of Berwick and Carlisle may remove simul semel II. Lest Malefactors who have committed Murder and the like Crimes crave the Benefit of the Act of Pacification and Oblivion for whom it is no ways intended there would be an Exception from the said Acts of all Legal pursuits intended or to be intended within the space of one year after the Date of the Treaty against Thieves * A Scotch word for Excommunicate Persons Horners Out-lawers Fugitives Murderers Broken men or their Receptaries for whatsoever Thefts Rifes Hardships Oppressions Depredations or Murders done or committed by them and all Lawful Decrets given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to Dignosce and take Cognition whether the same falls within the said Act of Pacification or Oblivion or not III. It is desired that the demand concerning the not making or denouncing War with Forreigners without consent of both Parliaments may be condescended unto by the King and the Parliament of England which is Ordained and Universally observed in all mutual Leagues which are both Offensive and Defensive and because the Wars denounced by one of the Kingdoms with Forreigners although made without consent of the other Kingdom will Engage them by necessary Consequence Or if the Consideration of this Proposition shall require longer time then the present Condition of the Important Affairs of the Parliament may permit and lest the speedy Close of the Treaty be thereby impeded it is desired that this Demand with the other Two Articles of the same Nature the one concerning Leagues and Confederations and the other concerning mutual Supply in case of Forreign Invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Advise and Treat thereupon for the good of both Kingdoms and Report to the Parliament Respectively IV. It is desired That the Articles concerning Trade and Commerce Naturalization mutual Priviledge and Capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England and namely that demand anent the Pressing of Men and Ships by Sea or Land Or if shortness of time may not permit the present determination of these Demands it is desired that the same except so many of them as are already agreed unto by the Commissioners for Trade may be remitted to Commissioners to be chosen by both Parliaments who shall have Power to Treat and Advise thereof for the good of both Kingdoms and to make Reports to the Parliament respectively and that the Charters or Warrants of the Scottish Nation for freedom of Shipping in England or Ireland from all Customs Imports Duties and Fees more then are paid by the Natives of England or Ireland granted by King James under the Great Seal of England upon the 11th day of April in the 13th year of his Reign and Confirmed by King Charles upon the 19th of April in the 8th year of his Reign may be Enacted and Ratified in this Parliament V. That the Extracts of Bonds and Decrets upon Record and Registers in Scotland may have the like Faith and Execution as the French Tabellons have in England and Ireland seeing they are of a like Nature and deserves more Credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments VI. The manner of Safe Conduct for Transporting the Monys from England or Scotland by Sea or Land would be condescended unto in such way as the Charges be not Exorbitant and may be presently known VII The Tenor of the Commission for Conserving of Peace would be condescended unto together with the Times and Places of meeting and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make the like Commission and name their Commissioners for that effect VIII The Parliament of Scotland do join their earnest and hearty desires and craves the Parliament of England's Concurrence that none be placed about the Prince's Highness but such as are of the Reformed Religion IX That an Act of Parliament of Publick Faith for payment of the 220000 l. which is Arrear of the Brotherly assistance may be presently framed and expedited according to the Terms agreed upon X. It is desired that the Quorum to whom the Scots should Address themselves for payment of the 220000 l. be condescended upon XI That the Order for recalling all Proclamations made against His Majesties Subjects of Scotland be drawn up and intimate in due Form and Time with the Public Thanksgiving at all the Parish Churches of His Majesties Dominions XII It is desired That the Articles concerning the Castle of Edinburgh and other Strengths of that Kingdom may be understood to be that the same shall be disposed of for the Weal of the Kingdom as the King and Parliament shall think Expedient The English Lords Commissioners Answers THat upon the disbanding the Scottish Army the Garrisons of Berwick and Carlisle shall be removed according to the Articles of the Treaty in that
behalf The Second Article is condescended unto according to the Proposition added to the Act of Pacification The Third Demand concerning making of War with Forreigners with the other Two Articles concerning Leagues and Confederations and concerning mutual Supply and Assistance against forreign Invasion is agreed to be referred to Commissioners to be chosen by His Majesty and the Parliaments As likewise the Fourth Fifth and Sixth Articles concerning Trade Commerce Naturalization mutual Priviledges and Capacity and other of that Nature and the demands concerning the Extract of Bonds and Decrets and the manner of safe Conduct for Transporting the Monys from England to Scotland are all referred to be taken into Consideration by the Commissioners to be appointed by both Parliaments who shall have power to Advise and Treat thereupon and report to the Parliaments respectively It is just that the Tenor of the Commission for Conserving of Peace should be agreed on by mutual Consent but the closing of the Treaty not to stay hereupon but to be left to the Commissioners to be named To that desire concerning such as should be placed about the Prince the King hath already given a clear satisfactory Answer That there be an Act of Parliament of Publick Faith for securing the payment of 220000 l. which is Arrear of the Brotherly Assistance is just and order is given for it accordingly and it shall be Communicated with the Scottish Commissioners that it may be a perfect Security The Tenth for appointing a Quorum for attending the payment of the Mony is already moved to the Parliament and will be done as is desired The Eleventh Article is very just and order shall be given accordingly for recalling all Proclamations and for Publick Thanksgiving The Twelfth Article for the Castle of Edinburgh and other Strengths of Scotland is to be settled betwixt His Majesty and the Commissioners of Scotland or by His Majesty and the Parliament of Scotland Which being read this House approved both of the Propositions and the Answers and Ordered That they should be Communicated to the House of Commons â—o morrow morning Mr. Thursday August 5. Report of the Conference about the Custos Regni Pym Reports the Conference with the Lords concerning the Custos Regni Lord Privy Seal told them That the occasion of this Conference was the matter of a former Conference desired by this House wherein two Propositions were delivered concerning a Custos Regni Commissioners to be appointed in the Kings absence to Pass these Bills 1. The Act of Treaty 2. Any Bill for raising Mony as there shall be occasion 3. For raising of Forces for Service at Sea and Land to resist forreign Invasions or Seditions at home with all things necessarily incident thereunto 4. Any Bill for Tonnage and Poundage or other Duties upon the Exportation or Importation of Commodities 5. The Bill for the preservation of the Mines for Salt-Petre and making Gun-Powder for the defence of the Kingdom 6. A Power to Pass the Bill concerning the 8 Subsidies given by the Clergy A short Act to be drawn Authorizing the Passing of Bills to be conceived upon these Heads Lord Say said That the Lords intended not to conclude this House but that they might add what they should think necessary to be Expedited in the King's absence and that some Course might be taken that the Parliament might Sit till an Act might pass to Enable and Confirm this Commission The House was then acquainted That the Bishoprick of Durham County of Northumberland and Town of Newcastle are willing to take the Parliaments Security for Billet Whereupon it was agreed That the House is contented to pay with all speed unto the Scots Commissioners the residue of the 80000 l. which they have provided accordingly and desire that the Scots Commissioners give speedy notice thereof unto their General whereby he may apply himself to put the Army into a readiness to march away according to their promises immediately upon the receipt of the said Monys And this House desireth they will receive so much of the said Mony here as conveniently they can dispose of and the House is ready to send the Residue to Newcastle if they shall desire it This day one Mr. Smith Rector of Long-Ditton in Kent Mr. Smith a Minister sent to the Gate-house who was sent for as a Delinquent upon an Information given in against him by some of the Godly and Well Affected Party that he should say The House of Commons had undeservedly Imprisoned an honester Man than any of themselves in the Tower meaning the Arch-Bishop of Canterbury For which he was committed to the Gate-House Bill against Knighthood passed by the Lords Message from the Commons about disbanding This day the Bill to prevent vexatious proceedings touching the Order of Knighthood being read a Third time and put to the Question it was Resolved to pass as a Law A Message was brought from the House of Commons by Sir Philip Stapleton to let their Lordships know That they have considered of the disbanding of both Armies and are provided of Mony to effect it and that they have resolved to take the Publick Faith of the Scots for their disbanding Further That the House of Commons had made an Order That the Horse of the King's Army be first disbanded therefore do desire this House to joyn with them That the Horse of the King's Army be first disbanded and that forthwith To which after some Consideration the Lords agreed The Petition of the Creditors of Sir Thomas Dawes was read shewing A Ne exeat regnum awarded a gainst Sir Tho. Dawes That they stand bound with the said Sir Thomas for great Sums of Mony and they have Reason to fear that he will depart this Kingdom Hereupon it was Ordered That there shall be a Ne Exeat Regnum issued out against the said Sir Thomas Dawes The House of Commons being upon the Consideration of the King's Journey Friday August 6. Commons resolved to insist upon a Locum Tenens in the Kings absence it was Resolved c. That this House shall at a Conference with the Lords insist upon the King 's appointing a Locum Tenens during his absence The Bishop of Lincoln reports the Conference with the Commons about a Locum Tenens in the King's absence in these words That formerly the House of Commons had brought up a Proposition concerning a Custos Regni in the King's absence Conference about a locum tenens in the Kings absence of which they have received no Answer which makes them now renew it again as formerly and they do offer some more Reasons 1. Because that in the King's absence many Emergent Occasions may happen in Parliament or otherwise where necessary use may be of the King's Authority especially in these time when things are not yet so fully setled 2. That by all Presidents it doth appear That when a Parliament was Sitting in the King's absence there was a Custos
Act declaring Vnlawful and Void the late Proceedings touching Ship-Money and for Vacating of all Records and Process concerning the same 4. An Act for the Certainty of Forrests and of the Meers Meets Limits and Bounds of the Forrests The Private Acts were these 1. Private Bills passed An Act for the Settling of Certain Mannors Lands Tenements c. on Katharine Countess Dowager of Bedford William now Earl of Bedford John Russell and Edward Russell Esquires Sons of Francis Earl of Bedford deceased 2. An Act to Enable Sir Alexander Denton to sell Lands to pay Debts and provide for his Younger Children 3. An Act to Settle the Mannor of Belgrave c. upon William Byarley Esquire c. to pay the Debts of William Davenport Esquire deceased 4. An Act for John Eggar 's Free School in Alton in Com. Southampton 5. An Act for the Alteration of the Tenure of certain Lands in Fulham Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 6. An Act for making the Chappel of Hool in Com. Lancaster a Parish Church 7. An Act for Confirmation of his Majesties Letters Patents to the Town of Plymouth and for dividing the Parish and Building of a New Church To which the Clerk of the Parliament pronounced the Royal Assent in these words Soit fait comme il est desire After which his Majesty made a short Speech touching the Necessity of his going to Scotland adding That he had given Order to the Lord Keeper for the further declaring of his Mind therein Upon which the Lord Keeper spake Expressing his Majesties great forwardness hitherto in so readily and graciously complying with his Parliament in gratifying them in all their Requests more than any of the Kings his Royal Predecessors had ever done before him instancing in the several Bills for taking away the Star-Chamber Regulating the Council Board taking away the High Commission Court Ship-Money and the passing the Bill for the Judges to continue quam diu se bene gesserint and several other things After which his Majesty spoke some few words acquainting them That he had received an Account by a Nobleman lately come from Scotland of the absolute Necessity of his Journey and that it was impossible for him without great Inconvenience to his Affairs in that Kingdom to defer his Journey and so he took his Leave of their Lordships and bade the Parliament Farewell and so departed But the House of Commons returning to their House fell immediately upon the Debate of it and sent a Message by Mr. Hollis to the Lords Earnestly desiring the Lords to joyn with them to Petition his Majesty either to Substitute a Locum Tenens during his Absence or to stay 14 dayes Longer in regard it so nearly concerned the Quiet and Peace of the Kingdom The Lords sent them in Answer That they would move his Majesty to defer his Journey for two dayes longer but this gave the Commons little Satisfaction In this Debate both Houses sate till Ten of the Clock at Night but could not come to any Resolution but in the Commons House it was moved That in respect the Necessity was so great and his Majesty so firm in his Resolution to set forwards on Monday that both Houses might meet and Sit upon Sunday and a Message being sent up to the Lords to desire their Concurrence it was accordingly agreed There being many of the Members of the Commons House absent Order for the absent Members to repair to the House It was this day also Ordered by the Commons That all the Members of the House in regard of the Great and Weighty Affairs that import the Safety of the Kingdom do repair hither to attend the Service of the Common-wealth with all possible speed upon pain of incurring the Displeasure of this House for their neglect And it is further Ordered That the Knights of the several Counties and the Burgesses and Barons of the several Burroughs and Cinque-Ports that are now in Town shall send Copies of this Order to the Sheriffs of the several Counties to the End it may be published with all Care and Speed By Six of the Clock in the Morning there was a Sermon at St. Sunday August 8. Margarets Westminster before the Commons after which both the Houses Sate and the time was wholly spent in the morning in Debates Messages and Conferences between the Two Houses about Petitioning the King to stay yet 14 dayes longer the Lords inclining not to press his Majesty further in it and the Commons insisting upon their former Votes to that purpose The Earl of Bath reported the Conference with the House of Commons as follows Aug. 8. 1641. The Report of the Conserence about staying the Kings Journey 14 dayes THat the House of Commons gave their Lordships thanks for joining with them humbly to Petition His Majesty for deferring his Journey into Scotland for 14 days And to the end that it may be no prejudice to the Parliament of Scotland the House of Commons desires that some of the Lords Commissioners may acquaint the Scots Commissioners with these particulars following and desire their Answers 1. Propositions to the Scots Commissioners about the Kings stay 14 dayes That the Houses of Parliament have commanded them to express to the Scots Commissioners the great care that they have to keep a good Correspondency betwixt the Two Nations of England and Scotland and to take away the Objections which may be made in respect of the Publick engagements to submit to His Majesties pleasure in his present intended Journey 2. That they take notice of the often Meetings and Adjournments of the Parliament of Scotland and lest it might be a great inconvenience the States being now met there if they should stay long there together without doing any thing both the Houses of Parliament have Resolved that for the better satisfaction of the Parliament of Scotland they will humbly Petition His Majesty to send a Commissioner to Edinburgh that if there be pressing Occasions to dispatch any of their Publick Affairs there may be Authority for the same and if they think good to stay His Majesty's coming to them in Person the Houses of Parliament do hope that it will be within 14 days of that time wherein His Majesty was expected there and they shall take their consent thereunto as a great Argument of their Affection to this Kingdom 3. That the Houses likewise do intend to send Commissioners from hence to the Scottish Parliament to declare to them the great Reasons which moves them to Petition His Majesty's stay for 14 days which are such as do very much import the Peace and Safety of both Kingdoms as also their care to move His Most Excellent Majesty to send His Commissioner that the Parliament of Scotland may not be disappointed in respect of the dispatch of their own great Affairs in that Kingdom in the mean time 4. And lastly That the Houses do desire the
Scottish Commissioners in a free and friendly manner to declare to them whether they have lately received any Instructions from the Parliament of Scotland to press His Majesty's present Repair thither in Person at the Parliament the 17th day of this present August Hereupon the Earl of Warwick Viscount Say and Seal Lord Wharton Lord Kimbolton and Lord Savile were appointed presently to go to the Scots Commissioners and desire from both Houses their Answer hereunto in writing The Lord Keeper reported That he had delivered the Reasons to the King in the name of both Houses concerning the staying of His Majesties Journey into Scotland for 14 days and his Majesty returns this Answer That the importance of your desires would require some time of deliberation The Kings Answer to the 4 Reasons for staying his Journey if the urgent Necessity of the business did not press the contrary and His Majesty said the same Necessity teacheth him to Answer the Necessity is two fold 1. The first and chiefest his Publick Faith given to his Kingdom to be present at the Parliament and His Majesty said That never any Prince was more strictly bound in Honour to perform any thing then he was to do this 2. The Vrgency of His Majesties Affairs there which indeed he said were very great To comply with both which he can stay no longer then Tuesday and so long he thought fit to stay that the Gentlemen of the House of Commons may so hasten the Scottish Treaty that he may give his Royal Assent thereunto some time to morrow for otherwise His Majesty shall be forced to pass it by that Commission which he leaves behind him but the earnest desire his Majesty hath of passing this Important Bill personally makes him stay thus long which he knows will be inconvenient unto him To conclude His Majesty desires your Lordships to remember That upon yoâ—r desires he hath already stayed one Month and that you by Publick Promises are engaged not to urge his stay longer then to morrow therefore remembring all engagements His Majesty expects that you press him no more in this for His Majesty said indeed he must go and for the Government of the Kingdom he hopes he shall leave behind him such Commissions as will serve especially since the Parliament is Sitting The Lord Brook was sent to find out the Scottish Commissioners and to desire them to expedite their Answer who presently returning brought it in writing which was read in these words AS we are very sensible of the great Care the Houses of Parliament have to keep a good Correspondency betwixt the two Nations Scottish Commishoners Answer to the 4 Reasons for the Rings stay and the Sense they have of the manifold Inconveniences which Scotland doth sustain by their frequent Meeting and Adjourning of the Parliament so we know nothing can more conduce for conserving that Correspondency and for removing these manifold prejudices we sustain through the frequent Prorogation of our Parliament then that the Treaty of Peace which by the blessing of God and His Majesties and the Parliaments Wisdom is now brought to a close may as a Sovereign Remedy of the great Evils which troubles both Kingdoms without further delay be Enacted here for the Peace and safety of both Kingdoms that the same may with all speed be Ratified in the Parliament of Scotland His Majesty hath by several Letters promised to hold the Parliament of Scotland in his own Royal Person and hath intimated the same by Publick Proclamation to all his Subjects there and although His Majesty by his Royal Letter of the 18th of May was obliged to have holden the Parliament of Scotland upon the 15th of July last in his own Royal Person or if any unexpected Occasion should happen to detain him that he would appoint a Commissioner for holding thereof at the day aforesaid to do every thing which might conduce to the Establishing of the True Religion Laws and Liberties of their Kingdom Yet such is the Affection and Respect of the Parliament of Scotland to the Parliament of England as notwithstanding their many pressing Difficulties they have condescended that his Majesty stay his Journey into Scotland until the 10th of August in respect that the Parliament of England did Assent to His Majesties going at that time which the Parliament of Scotland doth expect without any surther delay What may be the Condition or Importment of Affairs here or what Reason the Parliament hath which moveth them to Petition His Majesties stay is not proper for us we will therefore forbear to shew our selves beyond our Line but do remit the Consideration of this to the King and the Parliaments Wisdom And finally where it is desired by the Houses that we would in a friendly and free manner declare unto them whether we have lately received any Instructions from the Parliament of Scotland to press His Majesties repair thither in Person we do conceive that His Majesties former Promises of going thither in his own Person upon the 10th of August and the Assent of both Houses to his Journey and the Resolution of the Parliament of Scotland to prepare their business till the 17th of August and after that time that they will conclude and pass such Acts as they conceive necessary for the good of the Kingdom a sufficient Instruction for us both to press and expect His Majesties going against that time and the pressing necessity of the Affairs of that Kingdom as such cannot without danger of irreparable loss suffer longer delay This being read it was Communicated at a Conference to the House of Commons After a long Tugg the Commons finding the King resolute to pursue his Journey and the Lords unwilling to press His Majesty any further in the Matter they resolved to expedite matters so as if possible to settle them before His Majesty goes But lest this Sitting upon the Lords Day which the Presbyterians idolized even to down-right Judaism many of them thinking it unlawful even to dress Provision for their Families on that day should scandalize them the Commons were resolved to do something in Vindication of this so unusual a Sitting and to give the Nation the Reasons for it which Mr. Pym did in haec verba WHereas both Houses of Parliament found it fit to Sit in Parliament upon the 8th of August being the Lords Day The Reasons of the Sitting of the Parliament on the Lords Day for many urgent and unexpected Occasions concerning the Safety of the Kingdom and being so straitned in time by reason of his Majesties Resolution to begin his Journey towards Scotland on Monday following early in the morning it was not possible so to settle and order the Affairs of the Kingdom either for the Government thereof in the King's Absence or for the present Safety as was requisite upon these pressing Necessities though the Houses thought it necessary to Sit yet the Lords and Commons Assembled in Parliament think it meet to declare
Mr. D'avenant was before Col. Goring went to Portsmouth Whensoever Sir John Suckling spake with him concerning any particular Intimations to the Army though Mr. D'avenant was then present he whispered yet he spake some Generals openly That the French would assist That the Clergy would maintain 1000 Horse That part of the Commons House was much distasted with the Letter that came from the Army The only Proposition was to know their Inclinations for their accepting Col. Goring for their Lieutenant General Mr. Wilmot Mr. Ashburnham and Mr. Pollard told him That the House of Commons had real Intentions towards the Army and that they should have Martial Law if it would stand with the Conveniency of the Common-wealth and this they spake with much Earnestness Sergeant Major Willis told him upon the Way That the Clergy would furnish a Thousand Horse Saturday August 14. A Letter was Ordered to be sent to the Lord General about the Affairs of the Army which was as followeth May it Please your Excellency Letter to L. General from the Lords about the Scots marching by Barwick THe Treaty of Pacification between the Two Kingdoms of England and Scotland being come to a Happy and Peaceable Conclusion and a Day prefixed for the Scottish Army to March over the Tweed for the more Expedition thereof the Scottish Commissioners have made their Request to the Parliament that they might be permitted to pass with their Army Munition and Artillery over Barwick Bridge To which desire both Houses of Parliament have consented to be in such sort as shall be agreed and settled there by the General and Governor of Barwick Wherefore the Lords have commanded me to recommend the Manner and Way thereof to your Excellency's Care and Judgment not doubting but your Excellency will give such Directions to the Governor of Barwick both for the number of Soldiers that shall March in a Company together as also how to preserve his Majesties Ordinance and Munitions there and secure the safety of the said Town And so I humbly remain Your Excellency's Servant to Command John Banks Speaker of the Lords House A Complaint having Yesterday been made by the House of Commons that the Capuchin Friers in Denmark House Capuchin Friers at Denmark House to keep in were very active in Preverting the Kings Subjects from the True Religion the Earl of Dorset was Ordered to attend the Queen and move her Majesty from this House in it and humbly to desire her Majesty That the said Friers may be kept in and not suffered to go abroad to pervert the People and draw them to be reconciled to the Church of Rome And further That the Earl of Dorset do send for the Chief of the Capauhins and give him warning that he obey this Command Upon reading the Petitions of the Lord Major of London Order about L. Major and Citizens for a Reference and the six Persons chosen by the Commonalty of the said City It is Ordered That both sides shall give Copies to each other of their Petitions and attend the Lords Committees appointed to compose the Differences between them on Munday next in the Afternoon at Two of the Clock in the Painted Chamber A Message was brought from the House of Commons by Mr. Message that a convenient number of Lords may stay in Town Hotham to desire That a convenient number of Lords may be kept together in this House until the Armies be disbanded and the necessary Defence of the Kingdom settled The Answer hereunto was That their Lordships will take Care as is desired WHereas this House hath been Informed That Thomas Bushell Esq Undertaker of His Majesties Mines Royal in the County of Cardigan by his great Charge and Industry in cutting Additts hath gained His Majesties old drowned and forsaken Works of Talabant The Order of the House of Lords about Mines Royal in Wales Aug. 14. 1641. and other Works and made new Discoveries of Royal Mines there which are already very Considerable And whereas divers Persons of Quality encouraged by His Majesties Letters to them directed do intend to adventure great Summs of Money in the said Work which in time if well incouraged may prove of great consequence both for Honor and Profit to His Majesty and this Kingdom And whereas also it appeareth unto this House by divers Affidavits and Certificates of Credit that some Persons ill affected to these Honourable and Publick Services who in time may receive deserved Punishment have disturbed the possession of the said Thomas Bushell in some of His Majesties Mines Royal and Edifices appertaining to the Royal Work and have plucked up divers Pumps cast in the Rubbish and drowned and so much as in them did lie destroyed the said Works so as it hath been a labour of 4 Years Night and Day to recover the same and that the said Thomas Bushell hath been disturbed in the getting of Turf and Peate for the Service of His Majesties Works being an invention of his own very commendable and commodious for the preserving of Wood which hath been heretofore by the former Undertakers much wasted in those Parts Now for the Remedy of such mischiefs and that the said Thomas Bushell and his Assigns and such Persons as are or shall be Undertakers and Adventurers with him in the said Service may receive a due encouragement and assistance in these chargeable Undertakings It is Ordered by the Lords in the upper House of Parliament now Assembled That the Speaker of this House in the Name and by the Authority of the same shall direct his Letters unto the Judges of Assizes and Justices of the Peace of the said County of Cardigan requiring them that they do in all Lawful things endeavour to advance and encourage the said Service in His Majesties Royal Mines and assist the said Thomas Bushell and other Undertakers in all things so far as Lawfully they may for the continuance of his Lawful Possession and the quiet and peaceable Working of the said Mines until he shall be ejected by due Course of Law as also for getting and working of Turf or Peate according to his Legal Right upon His Majesties Wasts and other places Lawful and all other Lawful accommodations of necessary passages and other Legal things which may any ways advance His Majesties Service in the said Royal Mines Commissioners to attend the King in Scotland It was this day Ordered by the Commons That two Members only of this House shall go Commissioners into Scotland with the Earl of Bedford and Mr. Hambden and Sir Philip Stapleton to be the Persons A Committee was also appointed to draw Instructions for them Petition against the Minister of St. Ann's Aldersgate A Petition was read against the Minister of St. Anns Church near Aldersgate for speaking Words against the Parliament for so they called the House of Commons saying It would not last alwayes but they would hereafter be questioned for some things they have done
of Parliament and is a restraint to the proceedings of other inferior Courts but is no restraint to the proceedings of Parliament and therefore seeing it may without in justice be denied this being the Case of the Common-wealth they conceive it ought not to be granted Whereupon it is desired that their Lordships will declare that all Priviledges shall be void in case of the Conviction or Disarming of Recusants and that all their Certioraris out of the King's Bench to hinder the Conviction of Recusants may be Superseeded That this direction may extend to Lords as well as to other Common Persons there being more cause of fear from them in regard of their Power and Greatness then from others That if any Popish Recusant of Quality shall be found not to be Convicted that such Pesons be commanded forthwith to attend the Parliament The Opinion of the House of Commons is That Popish Recusants as this Case is may be Disarmed by the Common-Law being Persons justly to be suspected for some dangerous design and that where there is cause of fear this may be extended to such Persons as have Wives Recusants or Children or any but considerable number of Servants as may give good Cause of Suspitions That in ordinary Cases if there be a Combination to do any mischief to commit a Riot Rob a House or hurt any private Person the Justices of the Peace may take security to prevent such damages much more in the Case where the danger of the Common-wealth is to be prevented Divers Presidents were remembred for the Disarming of Lords of Parliament the Marquess of Winchester Lord Peter Lord Vaux Lord Arundel of Wardour and divers others Then after some Consideration of this Conference It is Ordered That this House doth joyn with the House of Commons to send Commissioners to Disarm Recusants according to Law for the other part of it their Lordships will take it into consideration Sir William Armyn brings this Answer to the Message to the Lords The Lords Answer about the Commissioners for Scotland concerning the Commissioners designed for Scotland That the Lords are of Opinion that the Commission and Instructions be presently prepared together with a Petition to his Majesty and that this be sent away with all Speed and in the mean time the Commissioners may be going their Journey and those Instructions and Commission may meet them on the Way if this House thinks fit Mr. Pym reports the Petition and Instructions to the Commissioners for Scotland To the King 's Most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Lords and Commons now Assembled in Parliament Most Gracious Sovereign YOur Majesties Absence at this time the Parliament sitting The Petition to the King concerning the Commissioners for Scotland doth not only afflict us with much Grief but hinders us in making such Provision for the Public Necessities and Dangers of the Kingdom as we desired to do for the Safety whereof We shall be often forced to resort to your Majesties Wisdom and Goodness Whereupon both Houses of Parliament have agreed to send William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire to attend your Majesty to convey to us your Majesties Commands and Directions and to present to your Majesty our Humble Petitions and Desires and likewise to see the Expediting of such Acts in the Parliament of Scotland and other Affairs as by the late Treaty or otherwise concern the Kingdom Wherefore our most Humble Suit to your Majesty is That you will be graciously pleased to admit the said William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Sir William Armyn Sir Philip Stapleton and John Hambden Esquire to be your Majesties Commissioners for the dispatch of the Affairs aforementioned according to such Instructions as they have now received or shall from time to time receive from both Houses of Parliament with your Majesties Consent and Approbation The Instructions for the said Commissioners follow I. YOV shall take care that all those Acts that concern both Kingdoms of England and Scotland The Instructions for the Commissioners and are already agreed upon in the Treaty between the Commissioners of both Nations and which are Confirmed by an Act of Parliament passed in this present Session shall likewise be confirmed and ratified in the Parliament in Scotland and You shall take an authentique Exemplification thereof to bring home with you II. You are to take Care that the Commissions agreed upon in the same Treaty concerning the Trade of both Kingdoms and concerning the Publique Peace and Correspondency betwixt the Two Nations may be settled and dispatched accordingly III. You are to demand Satisfaction of such Debts as shall remain due to the Northern Counties of England for any Money or Provision taken up by the Scottish Army IV. You shall be Careful to clear the Proceedings of the Parliament of England towards the Scots if you find any false Reports or Imputations cast on those Proceedings by persons ill-affected to the Peace of both Kingdoms V. You shall upon all fit Occasions assure the Parliament of Scotland of the good Affections of his Majesties Subjects of the Parliament of England and all things which shall concern the Service of his Majesty and the Peace and Prosperity of both Nations VI. You shall be Careful to certify the Lords and Commons in this present Parliament from time to time of all Proceedings therein and of all Occurrences which shall concern the good of this Kingdom VII You shall put in Execution such further Instructions as you shall receive from the Lords and Commons in this present Parliament with his Majesties Approbation and Consent signified under his Royal Hand It was Ordered Mr. Nichols to go with the Petition c. 1000 l. advanced for the Charges of the Commissioners That Mr. Anthony Nichols a Member of this House shall go to his Majesty from this House with the Petition and Instructions It was likewise Ordered That a Thousand pounds shall be advanced by Sir Robert Pye Mr. Wheeler and the Treasurers of Money for Westminster for the Commissioners Charges and their Acquittance or any two of them to be a Discharge Sir Philip Stapleton and Mr. Hollis were also Ordered to attend Her Majesty Sir Ph. Stapleton and Mr. Hollis to attend the Q. before they go for Scotland to know what Commands her Majesty will lay upon the Members of this House that are to go to His Majesty in Scotland The Lord General as indeed any person moderately skilled in Martial Affairs would have done made some difficulty it seems of letting so powerful an Army though of our Dear Brethren of Scotland March through so Important a Pass as the Town of Barwick and upon this wrote to the Parliament concerning it Whereupon the Lord Keeper Littleton returned this Answer My Lord I Have received your Letter dated the 16th of this
present Month Letter to the Lord General for the Scots to March over Barwick Bridge concerning the Passage of the Scots over Barwick Bridge and have acquainted the Lords with the same they have Commanded me to signifie unto your Lordship That since it is a Resolution taken by both Houses and consented to by them they see no Cause to alter it or to give an Occasion to the Scots to hinder their March as is agreed and concluded on by the Treaty here and therefore they adhere to their first Order to your Lordship for their Passage over Barwick Bridge and do require your Lordship to obey the Order of the Houses only for the Manner and Onder they recommend it to your Lordships Care and Directions that it may be speedy and with Safety God have your Lordship in his Keeping Your c. His Majesty was now Safely Arrived in Scotland Monday Aug. 19. purposing with all Application imaginable to Settle and Quiet the Minds of his Subjects of that Kingdom in hopes that it might conduce very much to the Composure of the Affairs of England and for this purpose at his first appearance in the Parliament of Scotland being Thursday August 19th he made this following Speech My Lords and Gentlemen THere hath nothing been so displeasing to Me as those Vnlucky Differences which have happened between Me and My People His Majesties Speech to the Parliament of Scotland Aug. 19. 1641. and nothing that I have more desired than to see this Day wherein I hope not only to settle these Vnhappy Mistakings but rightly to know and to be known of My Native Countrey I need not tell you for I think it is well known to most what Difficulties I have passed through and overcome to be here at this present Yet this I will say If Love to My Native Countrey had not been a chief Motive to this Journey other respects might easily have found a shift to do that by a Commission which I am come to perform My Self And this considered I cannot doubt of such real Testimonies of your Affections for the maintenance of that Royal Power which I enjoy after an Hundred and eight Descents and which you have professed to maintain and to which your own National Oath doth oblige you that I shall not think any Pains ill bestowed Now the End of My Coming is shortly this to perfect whatsoever I have promised and withal to quiet the Distractions which have and may fall out amongst you And this I mind not superficially but fully and chearfully to perform For I assure you That I can do nothing with more chearfulness then to give My People a general Satisfaction Wherefore not offering to Endear My Self unto you in Words which indeed is not My way I desire in the first place to Settle that which concerns the Religion and Just Liberties of this My Native Countrey before I proceed to any other Act. Information of Arms in the Marquess of Winton's House at Basing-Stoke In the House of Commons one Mr. Sewer did this day give Information that he did see on Monday was seven-Night a great many Arms in the Marquiss of Winchester's House at Basingstoke a Recusant and that the Keepers of them told him there were Arms for a thousand five hundred Men. One Welsh an Irish Priest was ordered to be sent for and if he refused to come to be taken into Custody by the Serjeant It was also Ordered Order about disbanding That Mr. Arthur Goodwin Mr. Hotham and Sir Henry Anderson shall go into the North about disbanding the Army to whom Mr. Scowen was afterwards added by a Vote of the House The Copy of the Commission to be sent for his Majesty to Sign for the Commissioners to impower them to go into and Act in Scotland was also read which was as follows Commission for the Commissioners that are to go to Scotland CHARLES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To Our Trusty and right well Beloved William Earl of Bedford and to Our trusty and right well Beloved Edward Lord Howard and also to Our trusty and well Beloved Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Ph ilip Stapleton Knight and John Hambden Esquire Greeting Know Ye that We reposing special Trust and Confidence in your approved Fidelity Wisdom and Discretions have Nominated and Appointed you to be Our Commissioners and by these said Presents give unto you or any three or more of you full Power and Authority to go into Our Kingdom of Scotland and there to Treat Confer and Concluds with such of Our Commissioners as shall be Named and Authorized in Our Parliament of Scotland according to the Instructions hereunto Annered And you or any three or more of you are likewise to Observe and Pursue all such further Instructions as you or any three or more of you as aforesaid shall from time to time receive from the Lords and Commons Assembled in Our Parliament of England with Our Consent and Approbation Signified under Our Royal Hand In Witness c. The House took into Consideration the Case of Mr. Votes about Mr. Cooper suspended by Dr. Rone and Sir John Lamb. Cooper Rector of Alton in Com. Huntington and it was Resolved c. That the Suspension of Mr. Cooper Rector of Alton in Com. Huntington for not reading the Book of Recreations is illegal Resolved c. That Doctor Rone and Sir John Lamb ought to give him Reparation for his Damages sustained and that his Suspension be taken off Post Meridiem Mr. Pym Reports the Order agreed upon by both Houses for the Disbanding in haec verba WHereas it was Ordered by the Lords and Commons in Parliament August 7. 1641. Order of both Houses for disbanding the Army That the Horse Troops of the King's Army be forthwith Disbanded whereunto his Majesty gave his Corsent and signified his gracious Pleasure to have it effected accordingly all which was certified to the Earl of Holland General of his Majesties Army by two several Letters from the Speakers of both Houses respectively and withal a Copy of the same sent unto him We understand by a Letter from the Lord General that none of the Horse are yet disbanded nor intended to be disbanded until the 24th of this Month and that it is propounded that some of the Foot shall then be disbanded before the rest of the Horse now both the Houses of Parliament expecting that this Order should have been performed accordingly do hereby expresly Order that the Lord General all further Delays and Excuses set apart shall forthwith disband all the Horse Troops of the Army before any of the Foot and commanded them and all the Officers of the said Horse Troops to depart from the Army which they do hereby declare to be a Matter of great Importance to the good of the Common-Wealth and therefore they do expect a quick and ready Obedience thereunto
as well by the Lord General as by all other Commanders Officers and Soldiers of the Army whereof they expect a strict and speedy Account After which Mr. Pym and Sir John Culpeper were Ordered to draw a Letter to be sent to the Lord General and Mr. Rushworth Clerk Assistant of the House of Commons to ride Post with it and the House will take it into Consideration to requite him for his Pains and Charges This Day Sir William Bringhurst Mr. Wilson Mr. Broadgate Mr. Friday August 20. Diverse Persons Bailed The first Ordinance of the Lords and and Commons about Commissioners to go to Scotland Slany Mr. Gardner and Mr. Inego Jones were Ordered to be Bailed and 10000 l. for the Principals and 5000 l. for each of the Sureties The Ordinance of the Lords and Commons for the Commissioners for Scotland was read in the Commons House in these Words THe Lords and Commons in this present Parliament Assembled do hereby Order and Appoint William Earl of Bedford Edward Lord Howard two of the Peers of the Lords House Nathanel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire Members of the House of Commons to be Committees for both Houses of Parliament to attend the Kings Majesty during his Absence in the Kingdom of Scotland and do hereby Authorize them or any three or more of them from time to time to present to his Most Excellent Majesty the humble desires Counsel and Advice of his Majesties most Loyal Subjects the Lords and Commons in Parliament according to such Instructions and Directions as are hereunto annexed or shall at any time hereafter be sent unto them by the Order and Consent of both Houses The Commissioners Instructions I. Instructions for the Commissioners for Scotland YOV shall humbly desire his Majesty That the Treaty agreed upon between the Commissioners of England and Scotland confirmed and ratified in this present Parliament may likewise be confirmed and ratified in the Parliament in Scotland II. You shall present to his Majesty the just Demands of any of his Loyal Subjests of England concerning a due Satisfaction to be made of all Debts due to them for Mony Arms or Provisions taken up by the Scottish Army III. If you shall understand that the Army of Scotland is not returned back or the Army of England not disbanded according to the Articles of the Treaty and Order of Parliament you shall be very instant and earnest in Petitioning his Majesty that all Obstacles and Impediments taken away the Kingdom may be freed from that great Charge this might have been done with half the Charges if the E. Strafford's Advice had been taken and those Mischiefs under which it groans by reason of those Armies IV. You shall by all fit ways of Petition and Intercession to his Majesty further and preserve the Peace and good Correspondency betwixt the two Kingdoms of England and Scotland V. You shall from time to time Certifie both Houses of Parliament of such Accidents and Occurrences as may concern the good of the Kingdom Which Ordinance and Instructions were agreed to by the Lords at a Conference this Day The great Obstacle to the disbanding the Army Mony Ordered disbanding the Army though it filled the Heads of the Party with Fears and Jealousies which from them was diffused through the whole Nation was perfectly the want of Money and not such Designs of dangerous Consequence as were pretended to amuse the People this they well knew and therefore Ordered thirty thousand Pound to be sent down to Pay and Disband the Army A Message was brought from her Majesty to the House The Qs. Answer to the Commons about the Commissioners carrying any Message to the King Order about the L. Major and Commonalty of London about the choice of one Sheriff That her Majesty returns her Thanks for the Respects of this House but She hath lately sent to His Majesty and hath nothing at this time to write This Morning the Lord Privy Seal Reported That the Lords Committees meet Yesterday to see if they could Mediate and Compose the Differences between the Lord Mayor of London and the Commonalty touching the Election of one Sheriff but they could have no success in it and so left it to the Consideration of this House Hereupon the Lord Viscount Say and Seal and the Lord Bishop of Lincoln were appointed to withdraw and consider of an Order for setling the Election of the Sheriff pro hac vicê with a Salvo on both Parts which Order is to be entred in the Books of the Chamber of London the Order was in these Words IN the Cause depending between the Commons and Citizens and the Lord Major of the City of London about the Nominating and Electing of one of the Sheriffs of the said City for this Year ensueing their Lordships taking it into their Consideration that the Election should have been dispatched upon Mid-Summer day last past and finding that upon Omission of performing the Election as upon that Day Devolutions have ensued pro tali vicé to the Commonalty of London do Order that for this time the said Commonalty shall forthwith proceed to the Nomination and Election of both their Sheriffs for the Year following hoping that for the first of the two Sheriffs they will make choice of that Party that was Nominated by the Lord Major and their Lordships do further declare That this Order shall be no way prejudicial to any Right and Prerogative claimed by the Lords the Majors of the City of London for the time being nor yet to any Right or Claim made by the Commons or Citizens in this matter now in Question amongst them It was also Ordered That those Lords that are to go into Scotland with some of the Members of the House of Commons shall go to the Lord General in their Passage The Commissioners for Scotland to quicken the Disbanding Order to stop proceedings upon the Conviction of the Lady Wotton a Recusant to desire that the Order of both Houses may be put into speedy Execution for the disbanding of the Horse and they are to give an Account of the Lord Generals Answer Upon signification this day made unto the Lords House that an Indictment and Conviction in London against the Lady Margaret Wotton for Recusancy is returned into the Treasurers and Remembrancers Office of the Court of Exchequer and the Pipe contrary to former Orders of this House in that behalf and against the Priviledges of the same It is Ordered That no further Proceedings shall from henceforth be had in the said Treasurers Remembrancers or Pipe Offices against the said Lady upon the said Conviction nor any Process shall be thence made or issue thereupon until this House shall give further Order in this Matter Upon a former Information to the Commons by one Sewer Saturday August 21. Disarming of Recusants that he had seen a great quantity of Arms in the Marquiss
the Earl of Leicester Lord Lieutenant of Ireland making some scruple of raising Men to be imployed in the busness of Ireland without the King's Commission and his Lordship desiring to have the Authority of the Parliament for the same in the mean time It is thought fit and so Ordered by the Lords in Parliament according to the Power given unto them by His Majesty mentioned in an Order dated the sixth of November 1641. That the said Lord Lieutenant shall have full power by virtue of this Order to Levy Men according to the Order given him from the Parliament in the interim until His Majesty shall grant him a Commission under the Great Seal of England for his Warrant for so doing The House of Commons did also take notice of the Doubt of the Earl but notwithstanding did resolve and think fit that he should proceed to raise men for the Service by Virtue of the Ordinance of Parliament It was also Ordered by the Lords and Commons A Council of War for the Affairs of Ireland That the Lord Viscount Wilmot Sir John Conyers Sir Jacob Ashly Sir Simon Harcourt Sir John Heyden Sir Foulk Hunks Sir Thomas Glemham Sir Robert King Colonel Culpeper Colonel Vavasor Lieutenant Colonel Ballard and Captain Skippon shall be Assistants as a Council of War to the Committees of both Houses of Parliament appointed for the Affairs of Ireland and have full Power by virtue of this Order to meet and consider of the present state and condition of the said Kingdom and also of an Establishment for the Army Lords agree with the Commons to put the Laws against the Papists in Execution speedily The Lords then entred upon the Consideration of the Proposition sent from the Commons concerning securing the Persons of Popish Recusants and after a long Debate the Result was this That whereas the House of Commons desired that the persons of the Romish Recusants for the safety of the Kingdom might be secured this House doth consent with them therein and Orders That the Laws of this Kingdom shall be put into Execution against them presently Upon the desire of the Commons by Mr. Pym Letters from France and Antworp stopped it was Ordered by the Lords That the Foreign Letters from France and Antwerp be stopped and perused by the Lords Committees for opening Letters there being as Mr. Pym said ground and intelligence that those Letters will discover some Root of the Rebellion in Ireland The Declaration of the State of the Kingdom was also this day read and it was moved that a Consideration of these particulars might be added and which is very uncommon I find in the Margin of the Journal the Names of the Persons which made the several Motions which in regard it is to be supposed they did it in futuram rei Memoriam that Posterity might not hereafter be to seek for their Names I will take care to transmit them down to future Ages but whether they will have Statutes Erected for the Achievement I cannot promise unless it be of Infamy Moved That the last Expedition into Germany J. C. but whether Corbet or Clotworthy I cannot tell The Loans upon Privy Seals The Commission of Excise might be added The Additional Explanation to the Petition of Right Palmer I suppose The Declaration set forth upon the Breach of both Parliaments Strode The Proclamation set forth Wingate forbidding People so much as to talk of a Parliament Gun-Powder Monopoly J. C. as it was a Project for the disarming of the Kingdom The destruction of Timber Wildt especially in the Forrest of Dean by Recusants The Entituling the King to the Lands between High-Water J. C. and Low-Water mark The abuses of Purveyors and Salt-Petre men Whitlock The Commission of Sewers to be further Explained Cromwel The Court of Wards Smyth The Jurisdiction of the Council of the Marches The Council Table as they take Cognizance of Me Te. The Buying and Selling of Honours and Dignities The further Debate ordered to be resumed to Morrow The Lord Keeper Reported the Conference with the Commons Yesterday That Mr. Pym delivered by Command divers Heads agreed upon by the Commons Wednesday Novem. 10. which are Instructions to be sent to the Commissioners of both Houses now attending his Majesty in Scotland which they desire their Lordships to joyn with them in The Instructions were read in haec verba 1. YOu shall humbly inform his Majesty Instructions to the Commissioners in Scotland Nov. 10th 1641. That the Propositions made to the Parliament of Scotland concerning their Assistance for suppressing the Rebellion in Ireland hath been fully considered and debated by both Houses of Parliament here and their Wise and Brotherly Expressions and Proceedings are apprehended and Entertained here by us not only with Approbation but with Thankfulness Wherefore we desire that his Majesty will be pleased That You in the Name of the Lords and Commons of England give publick Thanks to the States of the Parliament of Scotland for their Care and Readiness to imploy the Forces of that Kingdom for the reducing the Rebellious Subjects of Ireland to their due Obedience to his Majesty and the Crown of England 2. You shall further make known to his Majesty That in the great and almost Vniversal Revolt of the Natives of Ireland cherished and fomented as we have Cause to doubt by the Secret Practices and Encouragements of some Forreign States ill-affected to the Crown and that the Northern Parts of that Kingdom may with much more Ease and Speed be supplied from Scotland than from England We humbly desire and beseech his Majesty to make Vse of the Assistance of his Parliament and Subjects of Scotland for the present Relief of those Parts of Ireland which lie nearest to them according to the Treaty agreed upon and confirmed in both Parliaments and this Affectionate und Friendly Disposition now lately Expressed as is more particularly specified in the 5th Article 3. You shall present to His Majesty the Copy Enclosed of the Declaration which We have sent into Ireland for the Encouragement of his good Subjects there and for the more speedy and Effectual opposing of the Rebels and in Execution and performance of our Expressions therein made of Zeal and Faithfulness to his Majesties Service We have already taken Care for 50000 l. to be presently Borrowed and Secured by Parliament We have likewise resolved to hasten the Earl of Leicester Lord Lieutenant of Ireland very speedily to repair thither and forthwith to raise a Convenient number of Horse and Foot for securing Dublin and the English Pale with such other Parts as remain in his Majesties subjection intending to second them with a far greater Supply 4. We have further Ordered and Directed That his Majesties Arms and Munition lying in the City of Carlisle shall be Transported into the North Parts of Ireland for the supply of Carrick-fergus and other his Majesties Forts and
Army in the North he desired before he was Examined of his supposed Crime that he might have the Judgment of the House of Lords and the Resolution of the House of Commons Whether the Act of Pacification and Oblivion do not interpose and exempt him from being Questioned for the supposed Crime whether it be Civil or Criminal This he doth not plead as a Pardon which would imply a Crime which he is not guilty of but as his own Sense upon that Act. Hereupon the Act of Oblivion was read An Explanation of the Extent of the Act of Pacification and afterwards the Lords Commissioners that were present did averr That in their Treaty with the Scots Commissioners they never did intend the said Act should Extend further than to things past between the Two Kingdoms of England and Scotland in matters of Hostility and things thereunto belonging and not to things to come For further Debate hereof the House was adjourned into a Committee during pleasure and the House being Resumed it was Resolved upon the Question Nemine Contradicente That it belongs to the House of Peers by the Ancient Laws and Constitutions of this Kingdom to interpret Acts of Parliament The House of Lords the Interpreters of Acts of Parliament in time of Parliament in time of Parliament in any Cause that shall be brought before them And it is likewise Ordered That Mr. O Neal shall be Examined by the Deputed Lords appointed for that purpose notwithstanding his Allegation Upon Information given this day to the House Riot in the Forrest of Windsor That certain persons of Egham were apprehended by Order of this House for killing the King's Deer and committing Riots in the Forrest of Windsor and Egham Walk and being in the custody of the Messenger were Reskued out of his hands by violence by some of their Companions Hereupon it is Ordered That a Warrant be sent to the Sheriff of Surrey to assist the Messenger of this House for the apprehending the former Delinquents and of such persons that rescued them out of the Messengers hands and that they be brought before this House that they may receive punishment according to their deserts These passages may seem too trifling to be inserted into these Collections but I thought it absolutely necessary that by these Insolencies Posterity might see how cheap and contemptible the Actions of this Parliament had made the King in the esteem of the Common People and how unfit it is for Loyal Subjects to ask and for Princes sometimes to part with things which seem little or indifferent for such it may be might be the Regulation of the Forrests which yet it is evident was the Occasion of this Contemptuous Carriage of People of the lowest Rank towards him who ought to have been esteemed their Dread Sovereign by the highest But it was no wonder to see them follow the Example of their Superiors who committed daily Riots upon the King's Prerogative and Reputation But to proceed Lord Keeper Reports Conference about the Letters from Ireland The Lord Keeper reported the Conference with the Commons That he had acquainted them that their Lordships had agreed to six of the Instructions for the Committees in Scotland but the other being of great Consideration by reason of the pressing Affairs of Ireland they were forced to lay aside till a more convenient time 1 Then his Lordship reported That the House of Commons desires the Letter read this Day sent from the Lords of the Council in Ireland may be communicated to the City of London to let them see the truth of the Affairs of Ireland that so they may be the better stirred up and induced to lend Mony for the present supply of the business of Ireland and to this purpose the House of Commons will imploy some Members of their own Which Proposition this House agreed to 2 That in regard of the present urgent Occasions of Ireland the House of Commons thinks it fit the Six Thousand Men which both Houses resolved should be sent into Ireland out of England shall be increased to the Number of Ten Thousand Men and Two Thousand Horse Which the Lords also agreed to 3 That the House of Commons had voted to desire the Assistance of our Brethren of Scotland against Ireland for 10000 Men not presently to be sent but at such times and in such Manner as shall be agreed upon by Articles and Conditions of both Parliaments according to future Occasions Whereupon it was Resolved upon the Question c. That this House shall desire the Aid of our Brethren of Scotland for 1000 Scots for the present to be sent over into Ireland with an Intimation of a desire of 9000 more to make up 10000 Men if Occasion be according to such Articles as shall be agreed upon with the Parliament of England The same things were Voted in the Commons House only concerning the Scots some little difference viz. Resolved c. That this House doth incline to accept of the Offer of the Scots for sending of Ten Thousand Men into Ireland under such Conditions and upon such Cautions as shall be Honorable and Safe for this Kingdom Resolved c. That unless the Scots shall condescend to be commanded by the Government of English settled in Ireland that there is no intention that any should go at all The Dean of Ely Dr. Fuller Dean of Ely Bailed Dr. Fuller was upon his Petition this day Ordered to be Bailed and Colonel Fitz Williams who for Transporting several Men into France was in Custody was discharged of the Serjeant and Ordered to attend the House It will possibly by this time be expected that we should take a Trip over the Sea to see the Posture and Condition of that deplorable Nation of Ireland and the Progress of the Rebellion of which every day produced some of Job's amazed Messengers bringing ill Tidings one upon the neck of another And indeed not only every day but almost every hour produced fresh intelligence of the greatness of the Conspiracy and the inhumane Cruelty of the Rebels who Robbed Stripped and Barbarously Murdered the Protestants wherever they got them into their Power The Lord Blaney himself brought the account of the surprisal of his House Wife and Children by the Rebels in the County of Monaghan An advertisement came from Sir Arthur Tyringham of the taking of the Newry and the poor English who escaped the fury of the Rebels brought continual fresh Relations of the miserable Condition of the Province of Vlster where the Rebellion first took its rise It may well be imagined that the consternation at Dublin was extraordinary occasioned both by the true Accounts which daily arrived and the false Rumors which upon such occasions a general Fear and Amazement is wont to produce the City was weak and defenceless The sad Condition of Ireland at the time of the Rebellion and the Popish Party within it great and formidable and the Rebellion now
Faithful endeavours may be any way useful we shall be most ready at all occasions to contribute the same 15th of Jan. 1641. Ja. Primrose The very same Paper Verbatim was 〈◊〉 their request presented to the Lords by the Lord Lieutenant of Ireland After the reading of this Paper Sir Philip Stapleton Mr. Long and Mr. Arthur Goodwin were Ordered to return thanks from the House of Commons to the Scotch Commissioners for their good Affections Exprest to this State and Parliament and likewise to desire to know of them what it is that they have sent unto his Majesty by way of Advice To which Sir Philip Stapelton brought this answer That most of the Commissioners were gone from the place of Meeting not expecting any Message from this House besides they have not as yet sent the Paper to the King by reason they could not get Post-Horses and till such time as his Majesty hath first received the same they conceive it not so fit it should be made known But upon Monday morning they make no doubt to give this House full satisfaction I know no reason I have to make the Reader stay till Monday whose Expectation may be as willing to be gratified with a sight of this Paper as the House of Commons were and therefore I present him with it as followeth To the King 's most Excellent Majesty The Humble desires of the Commissioners of his Majesties Kingdom of SCOTLAND WE your Majesties humble and faithful Subjects The Petition and advice of the Commissioners of Scotland to the King by way of Mediation considering that the Mutual Relation betwixt your Majesties Kingdoms of Scotland and England is such as they must stand or fall together and the disturbance of the one must needs disquiet and distemper the Peace of the other as has been often acknowledged by them both and especially in the late Treaty which is ratified in Parliament and confirmed by the publick Faith of the Estates of your Majesties ancient and Native Kingdom of Scotland so that they are bound to maintain the Peace and Liberties of one another being highly concerned therein as the assured means of the safety and preservation of their own And finding our selves Warranted and obliged by all means to labour to keep a right Vnderstanding betwixt your Majesty and your People to confirm that Brotherly Affection betwixt the two Nations to advance their Vnity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms and aykways to proffer our service for removing all Jealousies and mistakes which may arise betwixt your Majesty and this Kingdom and our best endeavours for the better Establishment of the Affairs and quiet of the same that both your Majesties Kingdoms of Scotland and England may be Vnited in the enjoying of their Liberties in Peace under your Majesties Scepter which is the most assured Foundation of your Majesties Honour and Greatness and of the security of your Royal Person Crown and Dignity We have taken the Boldness to shew your Majesty that we are heartily sorry and grieved to behold these Distractions which increase daily betwixt your Majesty and your People and which we conceive are entertained by the wicked Plots and Practices of Papists Prelates and their Adherents whose aim in all these Troubles has not been only to prevent all further Reformation but also to subvert the Purity and Truth of Religion within all your Majesties Kingdoms for which end their constant Endeavours have been to stir up Divisions betwixt your Majesty and your People by their Questioning the Authority of Parliaments the lawful Liberties of the Subjects and real Weakning your Majesties Power and Authority nay all upon pretence of Extending the same whereof by Gods Providence being disappointed in your Majesties Kingdom of Scotland these have now converted thir Mischievous Councels Conspiracies and Attempts to produce these distempers in your Majesties Kingdoms of England and Ireland And therefore according to our Duty to your Majesty to testifie our Brotherly Affection to this Kingdom and acquit our selves of the trust Imposed in us We do make offer of our humble Endeavours for composing of these differences And to that purpose do beseech your Majesty in these Extremities to have Recourse to the sound and faithful advice of the Honourable Houses of Parliament and to repose thereupon as the only assured and happy means to Establish the Prosperity and quiet of this Kingdom And in the depth of your Royal Wisdom to consider and prevent these Apprehensions of Fear which may possess the Hearts of your Majesties Subjects in your other Kingdoms if they shall conceive the Authority of Parliament and the Rights and Liberties of the Subject to be here called in Question And we are confident that if your Majesty shall be graciously pleased to take in good part and give Eare to these our humble and faithful Desires that the success of your Majesties Affairs howsoever perplexed shall be happy to your Majesty and joyful to all your People over whom that your Majesty may long and prosperously Reign is the Fervent and Constant Prayer of us your Majesties Faithful Subjects and Servants It was likely to come to a hopeful issue for his Majesty and all his Loyal Friends when those who had by Rebellion wrested from him so great a share of his Sovereignity and Regal Authority undertook to be Umpires and Mediators in a difference to which they were Principal Parties and to compose those differences which the Faction following their Example were resolved should be determined by no other terms of Accommodation then his Majesties parting with the Sword which Guarded his Septer and which they were resolved either to have or to force it from him by the down-right strength of a most deep rooted and formidable Rebellion But what thanks soever they had for this officious diligence from the King they received many thanks from both Houses for the affection expressed to the Kingdom in the advice which they gave the King in this Paper which was mightily to the Grace of the Faction and Tuned to the humor of the Times which charged all the Miseries and Distractions upon the King 's refusing the sound advice of his great Council the Parliament This day an Order was made in the Lords House Munday January 17. The Lo. Nettervile's Son ordered to be brought before the Lords for the bringing up to the Lords in Parliament Mr. Thomas Netterville Son to the Lord Neterville who was stayed in Chester by the Mayor of the place upon Suspicion and the Lord Admiral was Ordered to write to the Mayor thanks from the House of Lords for his care in staying the said Mr. Netterville Then the Lord Duke of Richmond Reported the King's Answer to the Message delivered to him Jan. 15th The King's Answer to the Bill for adjournment Hull c. 1. Concerning his Majesties Assent to be given to the Bill for the Adjourning of the Parliament
breach of and contrary to the Lawes and Statutes of this Realm in that behalf established 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said Oppressions in his Majesties Name and as by his Majesties Royal Command he the said Earl in May the 15th Year of his Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of his Majesties Royal Commands but submit themselves in all Obedience thereunto Which Oath he so contrived to enforce the same on the Subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a Discontent with his Majesty and his Government there and compelled divers of his Majesties said Subjects there to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and Exiled and namely the 10th of October Anno Dom. 1639. he fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and Imprisoned them for not paying the said Fines The said Henry Steward's Wife and Daughters and James Gray being the Kings Liege People of the Scottish Nation and divers others he used in like manner And the said Earl upon that occasion did declare That the said Oath did not onely oblige them in point of Allegiance to his Majesty and acknowledgment of his Supremacy only but to the Ceremonies and Government of the Church established or to be established by his Majesties Royal Authority and said That the refusers to obey he would prosecute to the blood 20. That the said Earl in the 15 and 16 Years of his Majesties Reign and divers years past laboured and endeavoured to beget in his Majesty an ill Opinion of his Subjects namely those of the Scottish Nation and divers and sundry times and especially since the Pacification made by his Majesty with his said Subjects of Scotland in Summer in the 15th Year of his Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke his Majesty to an Offensive War against his said Subjects of the Scottish Nation And the said Earl by his Counsel Actions and Endeavours hath been and is a principal and chief Incendiary of the War and Discord between his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty That the Demand made by the Scots in this Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancor of his mind towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15 year of his Majesties Reign he said that the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning his Majesty to send him back again he would root out of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said Oath in the Precedent Article onely excepted and the said Earl hath caused divers of the said Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War 21. That the said Earl of Strafford shortly after his Speeches mentioned in the last precedent Article to wit in the fifteenth year of his Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy At his arrival here finding that his Majesty with much wisedom and goodness had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all means to procure his Majesty to break that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majesty to an offensive War against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that War he counselled his Majesty to call a Parliament in England yet the said Earl intended if the said proceedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous designs he would then procure his Majesty to break the same and by ways of Force and Power to raise Monies upon the said Subjects of this Kingdom And for the incouragement of his Majesty to hearken to his advice he did before his Majesty and his Privy-Councel then sitting in Councel make a large Declaration that he would serve his Majesty in any other way in case the Parliament should not supply him 22. That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a War against the Scots And gave directions for the raising of an Army consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Radcliffe did together with him the said Sir George Trayterously conspire to employ the said Army for the ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the Fundamental Laws of this Kingdome And shortly after the said Earl of Strafford returned into England and to sundry persons declared his opinion to be That his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and man if he took some other courses to supply himself though it were against the will of his Subjects 23. That upon the thirteenth day of April last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of this Kingdome both in respect of Religion and the publick liberty of the Kingdome and his Majesty referring chiefly to the Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure his Majesty by sundry Speeches and Messages to urge the said Commons house to enter into some resolution for his Majesties Supply for maintenance of his War against his Subjects of Scotland before any course was taken for the relief of the great and pressing Grievances wherewith this Kingdom was then
between the Chair of State and the Lord Keeper's Woolsack and the House of Commons with their Speaker being come up the Clerk of the Parliament delivered the Commission whereunto the Bills were annexed upon his knee Then the Lord Privy-Seal declared to both Houses that his Majesty had an intent to have come himself this Day to have given his Royal Assent to these two Bills but some important Occasions had prevented him and so his Majesty had granted a Commission for giving the Royal Assent which was delivered to the Clerk of the Parliament who carried it to his Table and read it this being done the Clerk of the Crown read the Titles of the Bills and the Clerk of the Parliament pronounced the Royal Assent to them both severally The Bill of Attainder was as follows WHereas the Knights Citizens The Bill of Attainder against the Earl of Strafford passed May the 10th and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-Treason for endeavouring to subvert the ancient and Fundamental Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own Authority commanded the laying and asseising of Soldiers upon his Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Commands and Orders made upon Paper-Petitions in causes between Party and Party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his liege people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of High-Treason And the said Earl hath been also an incendiary of the Wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such pain of Death and incur the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politick and corporal their Heirs and Successors others than the said Earl and his Heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matter whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The Earl understanding that the Bill was passed did humbly Petition the House as follows SEeing it is the good Will and Pleasure of God The Earl of Strafford's Petition to the House of Peers that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever only he humbly craves to return your Lordships most humble thanks for your Noble Compassion towards those innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his Pious intention towards them and desiring that the Reward thereof may be fulfilled in you by him that is able to give above all that we are able ask or think wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships charitably to forgive all his Omissions and infirmities he doth very heartily and truely recommend your Lordships to the Mercies of our Heavenly Father and that for his goodness he may perfect you in every good work Amen The next day being Tuesday May 11. Tuesday May 11. the King sent this Passionate Letter to the Lords in behalf of the Earl My Lords I Did yesterday satisfie the Justice of the Kingdom The Kings Letter to the Lords concerning the E. of Strafford by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseperable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your House is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see
and misdemeanors before expressed and do therefore pray that they may be forthwith put to their answers in the presence of the Commons and that such further proceedings may be had against them as to Law and Justice shall appertain Whether the Lords were satisfied with this Declaration of the Commons Reasons about the Protestation is uncertain but however they were satisfied that the Commons were Resolved to have it so with or without their Consent month August 1641. and possibly they saw that had they opposed a thing then so Popular as this was the inraged Commons would have impeached the greatest number of them who had opposed it as well as they did the Bishops or at least have exposed them to the Popular Rage of the Tumults as they did the Straffordians and by that means have excluded them the House without the help of either a Votâ— or Bill And from this Speech I am assured the most Partial Reader may easily satisfy himself what was the Original Design and Intention of this Solemn Protestation which at first appeared so harmless and Innocent that even many of the Bishops themselves took it For that it was not Religion but a perfect Politick Stratagem to enable the Faction to accomplish their long intended Design of altering the Government this Speech makes evident beyond the Possibility of Doubting it was to be the Shibboleth of the Party and the Character of Persons fit to be trusted with Offices and Power both in Church and State Thus did these Politicians stalk with Religion and make use upon all Occasions of that Sacred and Venerable Name the better to gain the Esteem of the People and to be able by their power more effectually to accomplish their own Designs Mr. Pym Reports the Conference with the Lords about disbanding That the Earl of Bristol was pleased to say Report of the Conference about disbanding That the Business he was to speak of was of great Importance and that no other Business but would be delayed at less Charges then this might be That the Lords Commissioners propounded to the Scots Commissioners to march homewards the 9th of August but many of them being then out of Town their Answer was uncertain but now my Lord of Lowdon being returned out of Scotland the Commissioners met yesterday and they gave this Answer It is impossible for them to return the 9th of August or any other prefixed Day because the removal of their Army depends upon the whole Arrears due to them from Vs and of 80000 l. part of the Brotherly Assistance which was promised by Vs they should receive and without this they could not disband their Army yet undertake that though there be no prefixed Day yet within 48 Hours after Payment of the Monies at New Castle they would not stay under any Roof till they were out of the Kingdom It was proposed to them to receive the 80000 l. the 10th of September My Lord Lowdon returned this Answer That there is an absolute impossibility to give Satisfaction to their Army to march away unless they have with their Arrears the 80000 l. for that they are in debt to their own Army 30000 l. which must be paid now And he further added That nothing but an impossibility should make them stick at any thing the Parliament doth desire My Lord of Bristol said further in his own Name and the Name of the Lords Commissioners for England That it was fit for both Houses to joyn together to pluck up this Business by the Roots He said That whereas there is about 28000 l. Debt due from the Scots to the County Palatine of Durham and New-Castle Certified under the Commissaries Hands that they would be content that that Summ might be deducted out of the 80000 l. here if the Country will be Content to be paid by the Parliament and desired that a Letter might be sent to the Commissioners of those Counties to treat with the County to get their consent accordingly He said further That this matter did not stand upon one string there is another matter which is concerning the Treaty the Commissioners being now returned have brought word that the Parliament in Scotland have viewed and passed the Treaty only some few things of Explanation altered some other things there were wherein they were not fully satisfied â—n their demands yet have declared this should breed no difference but would leave it to be settled by Commissioners at better leizure And so they have agreed this day to meet to Collate the Treaty and have resolved to draw it into the form of an Act of Parliament and they hope to finish it within a day or two The next thing was for the Security of the 220000 l. behind of the Brotherly Assistance and this was yielded to in the general having formerly signed this therefore desire this House to hasten the Bill for the Security for the payment of this Mony and that some 5 or 6 be named of the Commissioners to whom they might resort for the same and the rather to hasten this because the King takes his Journey on Monday for Scotland This being after the Conference debated in the House of Commons Sir William Darcy Sir John Conyers Mr. Hallyman Mr. Selwin and Mr. Lilburn undertake that the Country would not only accept payment of the Billet from this House but will thank this House if they shall please to appoint any such Course for the payment of the Billet Whereupon it was agreed That the House will undertake it and pay 28000 l. in November next or sooner Mr. Speaker to write Letters to this purpose for the consent of those Counties It was also Ordered That the Knights Citizens and Burgesses endeavour to expedite the gathering in of the Poll-mony in their respective Counties and Places and the sending up what is received Upon the Petition of the Lady Margaret Wotton Baroness of Marleigh Order about the Lady Wotton a Recusant Peeress complaining of an Indictment and Conviction of Recusancy prosecuted against her contrary to the Priviledges of Parliament It is Ordered That a Certiorari do issue forth to Return the Indictment into this House and that a Writ of Errour may also be brought to Reverse the Conviction if any Error shall be found therein whereupon their Lordships will proceed according as they shall think fit The Report of the Conserence about the Impeachment of the Judges The Lord Bishop of Lincoln reported the Conference with the Commons concerning the Judges to this effect That the House of Commons had formerly brought up six Impeachments against six several Judges one whereof was for High-Treason the proofs of which Impeachment will not arise from Witnesses but out of Records which have been Voted by this House already to be illegal c. It was further said That the House of Commons do understand that several Commissions are lately made to these several Judges who are Impeached for several Misdemeanours to go Circuits in several
Regni or Locum Tenens 3. For to have a Limited Commission to pass particular Bills in certain matters wherein the Bills are not yet framed is without any President that they can find and may be subject to Dispute and Question and of dangerous Consequence Though the success did not Answer their Expectation yet it was fairly pusht by the Faction and had they gained this point they would by his Authority which they had not yet learnt to separate from his Person as afterwards they did have left him little besides the name of a King before his return out of Scotland But His Majesty began now though something with the latest to be assured of what before he had feared nor had he reason to repose such a Trust in any of their Favourites as his Royal Ancestors had done in their near Relations which were the Presidents they shewed during the Wars of our Kings with France when the Nation was Unanimous the Commons Peaceable and Obedient and the Parliaments Zealous of the Prerogative and Greatness of their Kings and the Glory of their Nation and not Fly-blown with Fears and Jealousies of Arbitrary Government even when they saw their Sovereigns at the Head of their Victorious Troops and had the King consented the Earl of Essex then their Darling had been the Man and how far Ambition and Revenge Armed with such Power and Supported with such a prevailing Faction might have transported him his future Actions do most evidently Demonstrate The Bill for assuring a Messuage called Duresm-House part of the Possession of the Bishop of Durham lying in the Parish of St. Martin's to Philip Earl of Pembroke and Montgomery and his Heirs Earl of Pembrokes Bill for Durham House passed the Lords Report of the Conference about the Treaty paying a yearly Rent of 200 l. to the said Bishop and his Successors in lieu thereof c. being read a third time and put to the Question it was Resolved by the major part to pass as a Law After which Sir John Culpeper reports the Conference with the Lords about the Treaty My Lord of Bristol began the discourse and said My Lord Lowdon was returned out of Scotland and had brought certain Explanations of the Treaty That the English Commissioners had looked them over and had presented them to the Lords who have approved thereof together with the Answers and had commanded him to present them to us My Lord Wharton read the Propositions and the other the Answers when these Papers were read he said The Lords desired they should be read in this House for form sake and agreed upon here and sent up with all speed to the Lords whereby it may be put into an Act of Parliament His Lordship went further and said he had something more to deliver concerning the Treaty at Rippon of the Reasons that moved those Commissioners to agree unto it and though it might not be accounted so full of Glory and Honour to the Nation as it had been in former times yet considering the strait that some persons have put this Kingdom into it is a happy Conclusion both for the King and Kingdom The Scots coming into this Kingdom cost the Nation 1100000 l. besides damages That it had cost the Kingdom 1100000. l besides Damages and that he thought it convenient that some Writing be drawn concerning this Treaty for satisfaction to Posterity of the Carriage of this Business My Lord Privy Seal then spoke concerning the Spanish Ambassador and said That the 12000 Men which the Spanish Ambassador did desire was an Army and that the King was now content he should accept of three or four thousand if the Parliament did advise him to which the Lords have assented and desired the advice of this House My Lord of Bristol said further That when the Spanish Ambassadour disbursed this Money it was an acceptable work to this Kingdom and therefore it was a great consideration to move their House unto it and considering how many thousand Pounds he hath disbursed about the same The House after the reading of them assented to the Articles proposed by the Scots at the Lord Lowdon's return I could heartily wish there had been such a writing drawn as my Lord of Bristol desired and thought fit for the satisfaction of Posterity and that I could have obliged them with a view of it But I fear our Grand-Children will blush to see the blood of their Ancestors so palled in their Veins as without a blow struck in a manner or any generous resistance made at the expence of 1100000 l. besides Damages to purchase an inglorious Peace from an invading Enemy Yet possibly something may be pleaded in mitigation when it shall appear that it ought not wholly to be attributed to the Body of the English Nation but to the Arts of the discontented Presbyterian Faction who first Invited then Courted and Caressed these friendly Enemies giving them the soft Title of their Brethren of Scotland and sweetning that heavy Imposition of mony which the whole Nation was to hear with the Title of the Brotherly Assistance that so by their help if the King should not comply with their desires they might obtain that from him by Force and Arms which they could not by all their Arts of Flattery and Dissimulation in which certainly they were the most accomplished Persons in the World Now that it may appear that there was a Foundation for this Invitation of the Scottish Army to invade England besides what I have seen in several Prints that Mr. Hambden and others principal Men of the Faction made frequent Journeys into Scotland and had many Meetings and Consultations how to carry on their Combination and joynt Concern I will give the Reader a short Account out of the Memoirs of the late Earl of Manchester then Lord Mandeville an Actor in this Affair which take in his own Words and as I have good Assurance written with his own Hand as follows WHen saith he the Commissioners were come to Rippon An Act out of the Lord Manchesters Memoires of the Invitation of the Scots to invade England all due Ceremonies and Civilities were performed each to other which ended the first Days meeting And here give me leave to make a necessary Digression for the Vindication of those Lords whom the * This Lords Savil was an Illegitimate slip of the Honorable Family of the Savils which makes it the less to be admired that he should do so base degenerate an Action Lord Savile had made Parties to the design of bringing in the Scotch Army When the Scotch Commissioners had passed the Ceremonies and General Civilities at the first meeting with the English Commissioners the Lord Lowdon and Sir Archibald Johnston applied themselves particularly to the Lord Mandeville desiring him to give them a private meeting that they might impart to him something of near concernment to himself and others of the Lords then present this was readily granted and they
That there should be some publick Notice given of the Day appointed for publick Thanksgiving for the Pacification being the seventh of September and a Declaration for this purpose being framed and read was carried up to the Lords for their Concurrence which they readily gave the Order was as follows An Ordinance of Parliament for a Day of Publick Thansgiving for the Peace Concluded between England and Scotland WHereas it hath pleased Almighty God to give a happy close to the Treaty of Peace The Ordinance of Parliament for the Thanksgiving for the Pacification Aug. 27 1641. between the two Nations of England and Scotland by his wise Providence defeating the evil hopes of the subtil Adversaries of both Kingdoms For which great Mercy it was by the Kings Most Excellent Majesty the Lords and Commons in this present Parliament Enacted That there should be a publick Thanksgiving in all the Parish Churches of his Majesties Dominions It is now ordained and declared by the Lords and Commons in Parliament that the time for the Celebration of that Publick Thanks to Almighty God for so great and publick a Blessing shall be on Tuesday the seventh of September next by Prayers Reading and Preaching of the Word in all Churches and Chappels of this Realm whereof We require a Careful and due Observance That we may joyn in giving Thanks as we partake of the Blessing with Our Brethren in Scotland who have designed the same Day for that Duty Die Veneris 27. die Augusti 1641. Ordered by the Lords in Parliament that the abovesaid Ordinance be Printed God save the KING There was also a Conference with the Lords about the adjournment or Recess of the Parliament for some time Conference about the Recess of the Parliament the Lords liked the time of the Adjournment which was to be the ninth of September but desired the Adjournment might be till the first of November but the Commons who had before voted in their House that it should continue only till the 20th of October were resolute as indeed generally they were to yield little to the Lords not to depart from their former Vote and therefore returning from the Conference upon the Debate it was Resolved upon the Question That this House shall insist upon the former Day of Return to be the 20 of October And the Reasons which were presented to the Lords were 1 The Nature of the Causes which are depending in both Houses some whereof being for High Treasons and the Impeachment of the Judges the Inception of which Businesses they desire may be before the next Term. 2 The time of Payments of Monies promised to the City of York falls out to be before the first of November therefore they desire their Lordships would joyn with them to have the Recess only till the 20th of October next To which the Lords condescended provided there fall out no emergent Occasion between this and Wednesday come seven Night Ordered That the Lords be kept together until the Recess A Petition having been presented to the Lords by Sir George Radcliff A Petition of Sir George Radcliff and a Letter to the Lords Chief Justices in Ireland upon it Aug. 27. 1641. complaining that he being seized in Fee of some Lands in Ireland is dispossessed of the same in respect of the Impeachment of Treason against him here by means whereof he hath not received any thing out of his Estate in Ireland for about six Months last and so had wanted Bread if he had not been supplied by the Charity of some Friends He therefore humbly prays that he may be restored to his said Estate and be Enabled by Order of this House to demand his Rents there due unto him whereby he may be able to sustain himself and his Family from want Hereupon the Lord Privy Seal the Lord Bishop of Lincoln and the Lord Wharton were Ordered to draw up a Letter to be sent to the two Chief Justices in Ireland to desire them to prevent by what Legal way they can the Estate of the said Sir George Radcliff from Ruine whereby he may have Maintenance to sustain him The Tenor of which was this AFter my very heartiest Commendations c. unto your Lordships I am to give your Lordships to understand from the Right Honorable the Peers Assembled in Parliament That their Lordships having taken the Petition of Sir George Radcliff into their Mature Consideration a Copy whereof your Lordships shall receive herewith inclosed they do not as yet apprehend any Reason why the Petitioners Estate upon an Impeachment only should be so sequestred and the Lands and Leases so entred upon and invaded as that he should have no Means left him for his Maintenance and other Necessaries during the time of his Imprisonment But because your Lordships to whom his Most Excellent Majesty hath committed the Justice and Government of the Kingdom may know more of these Particulars by reason of your being upon the Place where these Debts Goods and Estates have had their Existence My good Lords the Peers of this House do recommend the Care of this Business unto your Lordships to aid the Petitioners Agents in this kind by all the Ways of Justice and Equity to recover such Debts Rents and other Profits as by Law and Justice remain due to Sir George Radcliff for his Maintenance and Necessary Vses until some further Act or Acts of Law and Justice shall otherwise direct and dispose of the said Premises And so I bid your Lordships heartily Farewell Your loving Friend E. Littleton C. S. To the Right Honorable my very good Lords Sir W. Parsous and Sir J. Borlase his Majesties High Justices for the Kingdom of Ireland The Request of the Spanish and French Ambassadors to have Liberty to entertain such of the disbanded Troops both in England and Ireland as they can agree with was this day Debated in the House of Commons upon which Occasion Sir Benjamin Rudyard made this following Speech Mr. Speaker THis is a business of great Consequence Sir Benjamin Rudyard's Speech against suffering the Spaniards or French to have the disbanded Soldiers Aug. 28. 1641. and therefore requires a well advised Resolution I will put France and Spain together take them both before me because the Reasons will serve the one and the other as they stand in Relation to us We are Mr Speaker so bounded by the nature of our Situation as we are not so proper to extend our selves upon the firm Land of our Neighbours Our Aptitude is rather to Ballance which being rightly used may make the King the great Arbiter of all the Affairs of Christendom by assisting withholding or opposing Henry the Eighth is an example of this King Henry gave upon this account this Motto Cui adhaereo praeest He was sometimes of the side of the Emperor other times of the French Party according as he saw either sides of the Scales to weigh heavier or higher some might think this to be
certainly by the informing Sectaries who were very diligent in springing Game for the Committee and Sub-Committees for Religion the Ministers Remonstrance and for Scandalous Ministers Mr. White 's Mr. Corbet's Sir Robert Harlow's and Sir Edward Deering's Committees And then these Godly Informers must be gratified for their Petitions Informations and such like good Service to the Common-Wealth by the Imprisonment Scorn and Contempt Charges and many times utter Ruine of the truly Loyal and Orthodox Clergy of the Church of England And whoever will take the pains to Rake in that Libel of Mr. White 's called The first Century of Scandalous Malignant Priests will find that the greatest Crimes which many of the Clergy were Accused for and turned they and their Families naked to the wide World were the disobeying this Order For Bowing at the Name of Jesus Examples 33 and 43. For setting up the Name of Jesus in the Church Ex. 72.83 Preaching against Sacriledge Ex. 22. Bowing the Body in God's House Ex. 7. But to return to the House of Commons after the Voting of this Declaration they fell upon the business of the Recess and preparing Instructions for the Committee which was to Sit during the time of the Adjournment And Mr. The standing Committee during the Recess of the Parliament Pym Sir Gilbert Gerrard Sir John Franklin Sir John Culpeper Mr. Wheeler Sir Henry Mildmay Mr. Bridgman Sir Thomas Bowyer Sir Thomas Barrington Sir Edward Hales Sir William Litton Sir Richard Cave Mr. Robert Goodwin Sir Samuel Luke Mr. Wingate Sir Robert Pye Alderman Soams Alderman Pennington Captain Venn Mr. Vassal Lord Falkland Capt. Rainsborough Mr. Bence Sir Peter Wroth Sir John Holland Mr. Winwood Mr. John Goodwin Sir Thomas Dacres Mr. Morley Mr. Henry Martin Mr. Arthur Goodwin Sir John Clotworthy Mr. White Mr. Sollicitor Mr. Spurstow Mr. Laurence Whitacre Serjeant Wild Mr. Strode Sir Henry Vane Mr. Glyn Sir Symon D'Ewes Sir William Drake Mr. Beddingfield Sir Gilbert Pickering Mr. Blakston Mr. Waller were appointed to be a Committee during the Recess This Committee to meet on Saturday next in the Exchequer-Chamber at Nine of the Clock in the Fore-noon Directions for the Committee during the Recess and they are to meet every Tuesday and Saturday in every Week and at such other times as they think fit during the Recess and they or any Six of them have power to meet with the Commissioners of the Lords appointed during their Recess at such times as they shall appoint They have Power to receive open and answer such Letters as come from the Committee in Scotland according to former Instructions and Orders of this House To take Care that the Orders of this House be punctually observed concerning Disbanding the Army Train of Artillery and Garrisons and for the Issuing and sending down of Money to those purposes To Recall the Committee in Scotland if they see Cause To go on in preparation of Proceedings against the Principal of such Delinquents as are already Voted or Complained against and to report Vpon any Informations of Riots or Tumults to have Power to send to all Sheriffs Justices of Peace and other Officers to stir them unto their Duties in repressing them and to report To Examine the Entries of the Clerks Books and that the Committee may not mistake any past Actions of the House a Clerk to be left there with the Books To take Care of the Preparations for his Majesties Revenue and to take into Consideration any Accounts to his Majesty To go on in prosecution of the Consideration of a West-Indian Company To take into Consideration the Fishing upon the Coasts of England Scotland and Ireland To take into Consideration the Resolutions of the Abuses in Exchange and Transporting of Money and the Regulating of the Par between this and other Nations To prepare the Irish Laws depending to be either at the Access transmitted to the Lords or recommended to the Irish Parliament To consider about Sal Petre and Gunpowder To send for any Persons Writings and Records To prepare a Discharge for the Earl of Warwick according to those Acquittances he hath given concerning the Northern Counties After which the Speaker desired he might have leave to go into the Country during the Recess which being granted the House was Adjourned till October 20. at Eight of the Clock in the Morning Happy had it been for England had they never met again to be the Authors of the most Dismal Tragedy that ever was Acted upon the Theatre of England but Providence whose Wisdom is unsearchable had Ordained them to be a Scourge to a People Wanton with Long Peace Ease Plenty and Even Religion it self The day to which the Parliament was Adjourned being now come Wednesday Octob. 20. both Houses met And the Lords being sate in their House and divers of them observing the Palace Yard full of Armed Men it was moved That it might be known upon what Grounds and Reasons the Trained Bands of Westminster were in the Old and New Palaces assembled The Lord Chamberlain being Captain General of the South Parts of this Kingdom during the King's absence in Scotland by Command of the House signified That his Lordship received a Desire from the Committee of the House of Commons which sate during the time of the late Recess that there might be a Guard of Souldiers about the Parliament to prevent the Insolence and Affronts of Souldiers at this time about the Town and to secure the Houses against other Designs which they have reason to suspect untill the Parliament meets and gives further Order therein Hereupon it was Ordered The Parliament takes a Guard of the Trained Bands of Westminster That the Lord Chamberlain shall by virtue of this Order continue a Guard of Souldiers to guard the Parliament Houses until the further Pleasure of the Parliament be known and that the Number of the said Soldiers shall be wholly left unto the discretion and management of the said Lord Chamberlain Captain General After this the Lord Keeper informed the House That he had received a Letter from the Lord Howard in Scotland dated the 14th of October which was read The Conspiracy in Scotland declaring That upon Monday Night then last there fell out a great Interruption in the Business there by reason of an Information given to the Marquiss of Hamilton the Earl of Argyle and the Earl of Lannerick That there was a Design to seize upon their Persons that Night whereupon they removed their Lodgings and stayed in the City all Night and relation being made hereof the next day to the Parliament the Earl of Crawford Colonel Steward and Colonel Cockram were restrained and after a further Examination his Lordship will give this House a further Information The first thing that was done in the House of Commons Mr. Pym's Report of what was done during the Recess Mr. Pym Reports what was done during the Recess THE first thing we had in Charge was
the performance hereof their Pleasure is That you should continue there to wait upon his Majesty till you receive further direction or that his Majesty be pleased to come away for England Instructions of the Lords and Commons in Parliament to the Committees of both Houses now Attending his Royal Majesty in Scotland I. YOU shall acquaint his Majesty Additional Instructions to the Committee in Scotland That by your Advertisement both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland concerning a malicious design affirmed to be undertaken by the Earl of Craford and others against the Persons of the Marquiss of Hamilton the Earls of Argyle and Lannerick having taken the same into Consideration they have good Cause to doubt That such ill-affected persons as would disturb the Peace of that Kingdom are not without some malicious Correspondence here which if those wicked Purposes had taken Effect in Scotland would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusions in this Kingdom to the Hazard of the Publique Peace for prevention whereof they have given Order for strong Guards in the Cities of London and Westminster * The Debate about the Remonstrance of the State of the Kingdom in order to their possessing themselves of the Militia was many Weeks before in the House only this was a fair occasion for the attempt and have resolved to take into their Care the Security of the rest of the Kingdom II. You shall further declare to his most Excellent Majesty That the States of his Parliament here do hold it a matter of great Importance to this Kingdom That the Religion Liberty and Peace of Scotland be preserved according to the Treaty and Articles agreed by his Majesty and confirmed by Act of Parliament of which they are bound to be careful not only by Publique Faith in that Treaty but by their Duty which they ow to his Majesty and this Kingdom because they hold it will be a great means of preserving Religion Liberty and Peace in England Ireland and his Majesty 's other Dominions and the Union of all his Loyal Subjects in maintaining the Common good of all will be a sure Foundation of Honor Greatness and Security to his Royal Person Crown and Dignity wherefore they have resolved to Employ their Humble and Faithful Advice to his Majesty the Power and Authority of Parliament and of this Kingdom for Suppressing of all such as by any Conspiracy Practice or other Attempts shall endeavour to disturb the Peace of Scotland and to infringe the Articles and the Treaty made betwixt the Two Kingdoms III. You shall likewise inform the King That whereas Orders have been given by his Majesty with the Consent of Parliament for the Disbanding the Garrisons of Carlisle and Berwick the first whereof is already wholly disbanded and all the House and Eight Companies of Foot sent out of Berwick and only Five Companies remaining which likewise should have been disbanded at or before the 15th of this Month if they had not been stayed by his Majesties Command signified to Sir Michael Ernley Lieutenant Governor according to direction in that behalf and whereas by Order of Parliament Ships have been sent for the Transporting his Majesties Munition Ordnance and other Provisions in that Town and the Holy Island all which have been of very great Charge to the Commonwealth the Commons now Assembled in Parliament have declared That they intend to be at no further Charge for the longer stay and Entertainment of those Men or for the Demurrage of the Ships if by occasion of this direction they be kept out longer than was agreed upon Ordered That Mr. Speaker do write a Letter to Mr. Secretary Vane that in case the Committee of both Houses be come out of Scotland before the Letter and Instructions now to be sent can be delivered there unto them that then he shall he desired by this House to present the same unto his Majesty Saturday Octob. 23. Order for the Bishops impeached to have Councel This day upon the humble Request of the Bishop of Rochester on his own behalf and the rest of the Bishops which are impeached by the House of Commons before their Lordships concerning the late Canons c. It is Ordered That Mr. Serjeant Jerman Mr. Herne Mr. Chute and Mr. Hales being publiquely named in this House by the said Bishop and approved of by the House shall be assigned to be of Counsel with the Bishops that are impeached With this Proviso nevertheless That if any of the said Counsel shall upon just Cause desire to be Excused here and the House approve of the said Excuse That then he or they shall not be compelled to be of the said Bishops Councel as aforesaid The Commons being met there was a Report made of certain Troopers who had made a disturbance about a Tavern-Reckoning and the Guard in the Pallace-Yard being called to quiet them they fell upon them and cut the Drum but being taken and committed to Custody and one of them saying in Bravado That there were a thousand of them about the Town who if they were there would help them and make the Pallace too hot for the Guards they were Ordered to be sent to the Lords Bar to receive their Censure for this Misdemeanor But it struck such a fear into some of the Members of the Commons House that they immediately Voted what they had so often denied the King though his Word and Honor were engaged to the Spanish Ambassador to let him have some of the disbanded Troops for it was Votes to let the disbanded Soldiers past beyond Sea Resolved c. That the House is of Opinion and holds fit that Orders should be sent to the Officers of the several Ports requiring them to permit all such Soldiers of the late disbanded Army as shall desire it to pass beyond the Seas provided that they take such Oaths and perform such other Duties as are usually required according to the Laws Resolved c. That this House is further of Opinion and holds it fit That such other Soldiers of the late disbanded Army as are Strangers and not Subjects or Natives of this Kingdom shall have liberty to pass out of this Kingdom and to receive Entertainment of any Forreign Prince Sir Gilbert Gerrard carries up the Bill for dissabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority and acquainted the Lords That the House of Commons desired there might be all speed in the passing of it for it much concerns the good of the Common-Wealth The Lord General Thanks given to the L. General by the House of Lords the Earl of Holland being now returned and having at a Conference given an Account of the disbanding of the Army It was Ordered by the Lords That this House gives Thanks to the Earl of Holland late Lord General of his Majesties Army in the North for
hear my Lord Orrery's Account of it in his forementioned Book p. 10 11. where he saith E. of Orrery's Answer to Peter Walsh The Wisest of Men thought the Irish Papists fastned to his Majestie in the Year 1641 by the best of Governments and to the English Protestants by the strictest ties of Interest Friendship Marriage and which is more in their Esteem Gossipping and Fostering to the Publique Peace by their as flourishing so free Condition and to all by those Royal Graces which his Sacred Majesty at that time indulged their Commissioners such as themselves desired 't was but then ask and have Yet all this Honey was turned into Gall for at that very time wherein the King was Exercising such high Acts of Grace to them the Irish Papists plotted and soon after perpetrated the Worst of Rebellion the Worst Extensivè Exulcerating generally and Intensivè breaking forth with more Persidie Barbarism and Cruelty than can be parallel'd in any History The great motive at least in pretence was Religion For whereas Dr. Borlase in his Preface saith It is Evident they never had so free Exercise of their Religion as when the Rebellion began It is Evident that he is mistaken even by the Testimony of the Person of whose Book he saith p. 7th of his Hist Sir John Temple Irish Reb. P. 26.27 in the Margin It was a Piece of that Integrity few can Equal none Exceed who could have informed him that this free Exercise of Religion was only clancular and in private But they evidently saw that the Calumnies cast upon the late King as a Favourer of Popery was one of the principal Engines by which the Factious part of the Parliament of England alienated the affections of all his Majesties English and Scotch Protestant Subjects from him besides the Severities which the Parliament provoked the King upon his peril to inflict upon the Papists in England and Scotland was made Use of by the Popish Clergy to drive them into a Rebellion by insinuating That if the Parliament could bring the King under their Government there was nothing to be Expected but the total suppression of their Religion and the Eradication of their Nation In confirmation whereof it was confidently averr'd to them That a * Sir John Clotworthy Member of Parliament concern'd in Ireland did in the House of Commons declare in a Speech That the Conversion of the Papists in Ireland was only to be Effected by the Bible in one hand and the Sword in the other And I have been told by a Person of Honour and Worth that Mr. Pym gave out That they would not leave a Priest in Ireland Nor could their Committees who were here be ignorant of these Passages or being many of them Papists not communicate it to the Irish Papists Another Encouragement to this Rebellion was the Example of Scotland as appears plainly by Connelly's Deposition who was told by Mac-Mahon that they did this to imitate Scotland who got a Priviledg by that Course And the Confession of the Lord Mac-guire which the Reader shall presently see does not obscurely hint That the Earl of Argyle the Head of the Covenanting Rebellious Scotch Presbyterians was under-hand working the Irish into some Conspiracy against the King probably that his hands being full they might procure better Terms for themselves and divert the Storm of the English Arms which then were impending upon them Nor was the taking off the Earl of Strafford that Great Wise and Valiant Man a little contributing to this Irish Tragedy for besides that it is visible that the Irish Committees who were many of them Papists were highly instrumental in furnishing the English Parliament with matters of Complaint and Accusation against that Noble Lord for which they were mightily at that time thô known Papists caressed by the Earl's Enemies in the Commons House so it is no less Visible that this Design of theirs though it had been long contriving advanced more in half a Year after his Vigilant Eye was taken off their Actions and his Hand from the Reins of the Government then it had in all the time before as will plainly appear by Mac-guire's Confession And in Confirmation of this I think it a Debt due to the Illustrious Memory of that Great Man the Earl of Strafford whom I cannot name without and Pity Wonder to insert part of a Letter of his to his Dear and Intimate Friend Mr. Wandesford then Master of the Rolls and one of the Lords Justices in 1636 wherein he acquaints him with the account which he had given in to the King and Council of the state of Affairs in Ireland which he doth in these Words I Informed them That the Army was well Clad reasonably well Armed The State of the Army in the Earl of Strafford's Time 1636. but should be better well Exercised and well Paid which they had never been before That I had visited the whole Army seen every single man my self as well in his own person as in his Exercising where other Generals that had continued that Charge longer then my self had not taken a view so much as of one Company that in the Removes and Marches of the Army they pay'd justly for what they took and passed along with Civility and Modesty as other Subjects without Burden to the Country through which they went whereas formerly they took the Victuals and paid nothing for it as if it had been in an Enemies Country whence it was that the Soldier was now welcom in every place where before they were in abomination to the Inhabitants That by this means the Army in true account might be said to be double the Strength as it had been That this was so apprehended by the ill-disposed as there is neither Courage nor Hope left for opposition the good Subjects secured the bad kept in humility and fear by it That they were worthy of the Kings Entertainment and when they shall be seen will appear with a Company of gallant Gentlemen their Officers fit to serve a Great and Wise King whereas not much of this before but rather quite the Contrary That for my self I had a dead Stock in Horses Furniture and Arms for my Troop that stood me in 6000 l that so I was in readiness upon an hours warning to march nor did I this out of Vanity but really in regard I did conceive it became me not to represent so great a Monarch as his Majesty meanly in the sight of that People and that it was of mighty Reputation to the Service of the Crown when they saw me in such a Posture that I was upon an hours Warning able to put my self on Horseback and that the Soldiers should see I would not Exact so much duty from any private Captain as I did impose upon my self being their General Lastly it was my humble Advice That the Army as of absolute Necessity to the Government was rather to be reinforced then at all diminished as being an
Garrisons there and that a convenient Number of Men shall be sent from the North Parts of England for the better Guard and Defence of those Forts and Countries adjoyning and that a large proportion of Arms and other Munition shall be speedily conveyed out of his Majesties Stores to West-Chester to be disposed of according to the Direction of the Lord Lieutenant of Ireland for arming the Men to be sent from England and such other of his Majesties Loyal Subjects as may be raised in Ireland 5. And because we understand That the Rebels are like with great strength to attempt the ruin and destruction of the Brittish Plantation in Ulster we humbly Advise his Majesty by the Council and Authority of his Parliament in Scotland to provide that one Regiment consisting if 1000 men furnish't and accomplish't with all necessary Arms and Munition as shall seem best to their Great Wisdoms and Experience may with all possible speed be Transported into Ireland under the Command of some Worthy Person well affected to the Reformed Religion and the Peace of both Kingdoms and well Enabled with Skill Judgment and Reputation for such an Employment which Forces we desire may be Quartered in those Northern Parts for the Opposing the Rebels and Comfort and Assistance of his Majesties good Subjects there with Instructions from his Majesty and the Parliament of Scotland that they shall upon all Occasions pursue and observe the Directions of the Lord Lieutenant his Lieutenant General or the Governor of Ireland according to their Authority derived from his Majesty and the Crown of England 6. And as touching the Wages and other Charges needful which this Assistance will require We would have You in our Name to beseech His Majesty to commend it to our Brethren the Estates of the Parliament of Scotland to take it into their Care on the behalf of His Majesty and this Kingdom to make such agreements with all the Commanders and Soldiers to be imployed as they would do in the like Case for themselves and to let them know For Our parts We do wholly rely upon their Honorable and Friendly dealing with us and will take Care that Satisfaction be made accordingly 7. You shall represent to his most Excellent Majesty this our Humble and Faithful Declaration that we cannot without much grief remember the great Miseries Burthens and Distempers which have for divers Years afflicted all his Kingdoms and Dominions and brought them to the last point of Ruine and Destruction all which have issued from the Cunning False and Malicious Practices of some of those who have been admitted into very near Places of Council and Authority about him who have been Favourers of Popery Superstition and Innovation Subverters of Religion Honor and Justice Factors for promoting the Designs of Forreign Princes and States to the great and apparent danger of His Royal Person Crown and Dignity and of all his People Authors of False Scandals and Jealousies betwixt his Majesty and his Loyal Subjects Enemies to the Peace Vnion and Confidence betwixt Him and his Parliament which is the surest Foundation of Prosperity and Greatness to his Majesty and of Comfort and Hope to them That by their Councils and Endeavours those great Sums which have been lately drawn from the People have been either consumed unprofitably or in the maintenance of such Designs as have been Mischievous and Destructive to the State and whilest we have been labouring to Support his Majesty to purge out the Corruptions and restore the Decayes both of Church and State others of their Faction and Party have been contriving by Violence and Force to suppress the Liberty of Parliament and indanger the Safety of those who have opposed such wicked and pernicious Courses 8. That we have just Cause to believe That those Conspiracies and Commotions in Ireland are but the Effects of the same Councils and if persons of such Aims and Conditions shall still continue in Credit Authority and Imployment the great Aids which we shall be inforced to draw from his People for subduing the Rebellion in Ireland will be applied to the Fomenting and Cherishing of it there and Encouraging some such like attempt by the Papists and ill-affected Subjects in England and in the End to the Subversion of Religion and destruction of his Loyal Subjects in both Kingdoms And do therefore most humbly beseech his Majesty to change those Councils from which such ill Courses have proceeded and which have Caused so many Miseries and Dangers to himself and all his Dominions and that he will be graciously pleased to imploy such Councils and Ministers as shall be approved of by his Parliament who are his greatest and most Faithful Council that so his People may with Courage and Confidence undergo the Charge and Hazard of this War and by their Bounty and Faithful Endeavours with Gods Blessing restore to his Majesty and this Kingdom that Honor Peace Safety and Prosperity which they have Enjoyed in former times And if herein his Majesty shall not vouchsafe to condescend to our humble Supplication although we shall always continue with Reverence and Faithfulness to his Person and to his Crown to perform those Duties of Service and Obedience to which by the Laws of God and this Kingdom we are Obliged Yet we shall be forced in discharge of the Trust which we ow to the State and to those whom we represent to Resolve upon some such way of defending Ireland from the Rebels as may concur to the Securing our selves from such Mischievous Councils and Designs as have lately been and still are in practice and agitation against us as we have just cause to believe and to commend those Aids and Contributions which this great Necessity shall require to the Custody and Disposing of such Persons of Honor and Fidelity as we have Cause to confide in The Faction as the Reader may before have observed had upon all Occasions indeavoured to lay hold upon the Soveraign Power of the Sword and indeed nothing less could Protect them from their own Fears of a future Reckoning which they were affraid they must make if ever the King's Affairs came into a prosperous Condition and setled Posture But certainly next to the Execrable Rebellion in Ireland it was one of the most barbarous Outrages to a most Excellent Prince whose Indulgence was his greatest Crime not only to charge him with the Fomenting and in a manner Contriving this most wicked Rebellion as is evident by these Venemous Reflections they intended to do but to take this advantage of the Misfortune of his Affairs to wrest from him that little remainder of Power and Regal Authority which he had not hitherto divested himself of But this was the Resolution of these Ingrateful and Ungenerous Subjects whose unbounded Ambition all the Streams of Royal Bounty were not able to satisfie so long as the King was the Fountain of them and they were determined to make use of his Majesties extreme Necessity as they had
preparing of Articles against him but they shall be ready in convenient time to give him a Charge And in regard they hear he is not well they are contented he shall be removed to * Now Somerset-House Denmark House he putting in Caution not to go to Court and to appear when he shall be required Hereupon it was Ordered That Phillips shall upon these Cautions finding Sureties be released from his imprisonment in the Tower It was also Ordered That the Lords the Bishops that are Impeached shall be heard by their Council on Friday next at the Bar what they can say why this Motion should not be granted But the Faction of the Commons were resolved Tumults as before they had done in the Case of the Earl of Strafford to obtain that by the Force of Tumults that they could not obtain by Law or Reason The Lords however were so sensible of this affront put upon the Freedom of the Parliament that it was Ordered That all the Judges do consult among themselves what Course is fit to be taken to prevent Riots Routs and unlawful Assemblies and having considered of the Laws and Statutes in this Case to present their opinions to the House to morrow Morning and in the mean time to have a Conference with the Commons concerning the Tumults In the Commons House Serjeant Wild Reports the Conference That the Lord Keeper told the Committee That their Lordships had received Information of great numbers of People gathered together in a Tumultuous Vnusual and Disorderly manner about the Houses of Parliament and therefore desired the Commons House to joyn with them in a Declaration to remove them and that for these Two Reasons First If these disorders should continue they might render the good Acts and Provisions of this Parliament of suspicion to Posterity by the interpretation of ill Ministers Secondly Because it did not stand with the Dignity of Parliament to suffer such Tumults to be so near the Houses of Parliament The House being informed That Phillips had a Trunk brought to him to the Tower by Two Capuchins it was Ordered That the Lieutenant of the Tower and Sir William Parkhurst shall search his Trunk and if there be any Papers that concern the State to secure them till the pleasure of this House be known The Committee formerly named to wait upon the King with the Petition and Declaration were Ordered to go forthwith to present them to the King Sir Edward Deering to read it to His Majesty and in his absence Sir Ralph Hopton to read it If he be absent the Committee to appoint the Person that shall read it Accordingly the Committee went this day and attended His Majesty with the said Petition and Remonstrance which as I find it Printed in Husband's Collections was in these words The Petition of the House of Commons which Accompanied the Declaration of the State of the Kingdom Most Gracious Soveraign YOur Majesties Most Humble and Faithful Subjects the Commons in this present Parliament Assembled The Petition and Declaration of the State of the Kingdom delivered by the Commons to the King at Hampton-Court Dec. 1. 1641. do with much thankfulness and joy acknowledge the great Mercy and Favour of God in giving your Majesty a safe and peaceable return out of Scotland into your Kingdom of England where the pressing dangers and distempers of the State have caused us with much earnestness to desire the comfort of your Gracious Presence and likewise the Unity and Justice of your Royal Authority to give more Life and Power to the Dutiful and Loyal Counsels and endeavours of your Parliament for the prevention of that imminent ruine and destruction wherewith your Kingdoms of England and Scotland are threatned The Duty which we ow to your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those Evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected Party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed amongst the People to blemish and disgrace our Proceedings in this Parliament and to get themselves a Party and Faction amongst your Subjects for the better strengthening of themselves in their wicked courses and hindring those Provisions and Remedies which might by the wisdom of your Majesty and Council of your Parliament be opposed against them For preventing whereof and the better Information of your Majesty your Peers and all other your Loyal Subjects we have been necessitated to make a Declaration of the State of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to your Majesty without the least intention to lay any blemish upon your Royal Person but only to represent how your Royal Authority and Trust have been abused to the great prejudice and danger of your Majesty and of all your good Subjects And because we have reason to believe that those Malignant Parties whose Proceedings evidently appear to be mainly for the advantage and encrease of Popery is composed set up and acted by the subtile practice of the Jesuits and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of your Loyal Subjects have so far prevailed as to corrupt divers of your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of your Privy-Council and other employments of trust and nearness about your Majesty the Prince and the rest of your Royal Children And by this means hath had such an Operation in your Council and the most Important Affairs and Proceedings of your Government that a most dangerous division and chargeable Preparation for War betwixt your Kingdoms of England and Scotland the encrease of jealousies betwixt your Majesty and your most Obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in your Kingdom of Ireland and bloody Massacre of your people have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment whereof your poor Subjects are enforced to engage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliamenâ— undergone the Charge of 150000 Pounds Sterling or thereabouts For the necessary support and supply of your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the Peace Safety and Preservation of your Majesty and your People if some present real and effectual course be not taken for suppressing this wicked and malignant Party We Your Most Humble and Obedient Subjects do with all faithfulness and humility beseech your Majesty 1. THat you will be
against the Peace and the Crown and Dignity of their Sovereign Lord the King have Assembled by thousands under Pretence of Petitioning against Bishops Evil Counsellors c. as now they did Saturday Decemb. 11. The Lord Keeper this Day signified to the House of Lords That His Majesty had Commanded him to deliver this Message to both Houses That whereas formerly he had acquainted both Houses with the Desire of the French Ambassador That eight Romish Priâ—sts convicted at the Sessions might be Reprieved and Banished at this time because it may concern the Business of Ireland and that his Majesty had desired the Advice of both Houses therein of which his Majesty hath not yet received any Answer His Majesty therefore puts the House in mind thereof and desires an Answer in regard that on Munday next is the Day for Executing of those that are convicted which are seven Priests one of the eight being acquitted upon the Tryal Upon which the Lords sent a Message by Sir Edward Leech and Dr. Bennet to desire a Conference concerning this Matter to which the Commons returned Answer That they will send an Answer by Messengers of their own in convenient time The Bill Intituled The Bill for relief of Captives at Algiers passed the Lords House The Bishops by their Councel adhere to their Plea and Demurrer An Act for the Relief of the Captives taken by Turkish Moorish and other Pirates and to prevent the taking of others in time to come being read a third time and put to the Question It was Resolved To pass as a Law This Day being appointed for the 13 Bishops that are Impeached by the House of Commons for making the Canons and Constitutions and for Granting a Benevolence contrary to Law to make their Answers to the Impeachment their Councel were called in and the Impeachment was read Then the Lord Keeper demanded of them Whether the Bishops will abide by their Plea and Demurrer or make their Answers The Councel Answered That the 12 Bishops do resolve to adhere to their former Plea and Demurrer only they have waved one Branch of their Demurrer which was to the generality of the Charge which appears to be particular Hereupon the Councel withdrew and the House Ordered That the Lords the Bishops that are Impeached shall be heard by their Councel on Monday next touching the Maintaining of their Plea and Demurrer and that the House of Commons have Notice herein that they or some of their Members whom they shall appoint may be present if they please And to this purpose a Conference was sent to be desired by Serjeant Whitfield and Serjeant Glanvile Then the Lord Lieutenant of Ireland produced a Paper which was given by the Scots Commissioners to the English which being read was in these words OVt of the Sense of our Duty we owe unto his Majesty and the true Affection which the Kingdom of Scotland bears to the Kingdom of England We are willing to contribute our best Assistance for the speedy Relief of those distressed Parts of Ireland that lye nearest us Therefore in the Name of the Kingdom of Scotland we make Offer of 10000 Men for that Service which is conceived to be the least Number can be for secureing themselves and reducing the Rebels in the North of Ireland to the due Obedience of his Majesty and the Crown of England This Offer is upon such particular Conditions as in the Progress of this Treaty we shall agree upon which may be for the Honor of our Nation and the Safety and Good of the Army imployed in the Service This being done the Lord Lieutenant declared That his Majesty being made acquainted with this Proposition was willing they should Treat for 10000 Men the House assented to give Power to the Commissioners to Treat accordingly The Commons fell this Day upon the Matter of the Guards and the Justices of the Peace for Middlesex being called in and demanded by what Warrant or Authority they caused those Guards to be set they made Answer That what they had done in this Matter was in Obedience to his Majesties Warrant to them directed Then the Under-Sheriff was called in and Examined also concerning the setting of the Guards who affirmed That the Writ was granted forth by direction of the House of Lords and with the Advice of the Judges They being withdrawn upon the Debate of the Matter the storm for the present fell only upon Mr. Long who had signed the Warrant for the Guards Mr. Long a Justice of the Peace sent to the Tower about the setting of a Guard without the Consent of the Parliament and the Question being put Whether Mr. Long should be put out of the Commission of the Peace The House was divided upon it with the No were 94 with the Yea 90 so it passed in the Negative and he was by the Vote of the House sent to the Tower For that He the said Mr. Long in his Warrant had exceeded the Authority given him by the Writ and had directed Constables and Sitting the Parliament had sent down Armed Men to the Parliament never acquainting the Parliament with it A Committee was also appointed to Examine the business concerning the raising and sending armed men to the Pallace at Westminster The Message from the Lords about the King's desire to know the Answer of the Parliament concerning Banishing the Condemned Priests at the Request of the French Embassador was read and it was singly Voted upon these following Resolved That Hamon Jo. Rivers alias Abbot Walth Coleman Priests voted to be Executed and Turnor Priests shall be put to Execution according to the Laws Sir Phillip Stapleton Reported That the Scots Commissioners had shewed their Authority to Treat to Assist us with 10000 Men upon such Conditions as should be agreed We told them Vpon this Proposition we could not Treat with them for that our Commission was only to Treat for 5000 Men They wished us to acquaint the King with it so according to our Duty we waited on his Majesty who Expressed a great deal of Desire and Affection in the furthering of this business and said he had referred it to the Parliament and would grant a Commission to treat with them for 10000 Men. Whereupon the House assented to it A Petition of some Aldermen and Common Council-men and Subsidy Men of the Factious part of the City of London and Suburbs was this day presented to the House of Commons which being read the Petitioners were called in and Mr. Speaker in the Name and by the Order of the House acquainted them That the House took their Petition in good part and returned them Thanks for their Respects to this House and readiness to supply the Publique and that in convenient time the House will take their Petition into Consideration Some of them then desired they might have leave to speak something to the House whereupon they were ordered to withdraw and the House upon the Debate having resolved
Henry Vane Senior Knight Mr. Hollis Mr. Brown and Mr. Pym to draw up the same accordingly This Report being made and taken into Consideration the three Particulars concerning Privilege were Voted and it was 1 Resolved upon the Question Nemine contradicente Votes of the Lords and Commons concerning breach of Privilege by the King That the Privileges of Parliament were broken by his Majesties taking Notice of the Bill for suppressing of Soldiers being in Agitation in both Houses and not agreed on 2 Resolved upon the Question Nemine Contradicente That his Majesty in propounding a Limitation and Provisional Clause to be added to the Bill before it was presented unto him by the Consent of both Houses was a Breach of the Privilege of Parliament 3 Resolved upon the Question Nemine Contradicente That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Privilege of Parliament The same Votes were also passed in the Commons House Then the Petition of the Lord Peirpoint was read as follows To the Most Honorable the Lords of the High Court of Parliament The Humble Petition of Henry Lord Pierpoint Humbly Sheweth THat whereas your Petitioner in heat of Debate L. Pierpoint's Petition let fall some unfitting Words which offended this Honorable House and drew upon him this Imprisonment Your Petitioner humbly confessing the Justice of his Restraint beseecheth your Lordships Pardon and pass over this his Offence and he shall ever acknowledge your Lordships favor herein H. Pierpoint Hereupon it was resolved upon the Question That the Lord Pierpoint shall be delivered out of his restraint this Night In the House of Commons besides the Debate concerning the Matter of Privilege of which before in the Conferences and Votes of the Lords House several Propositions from the Scottish Commissioners were read and upon the Question assented unto They were presented by Sir Philip Stapleton in five Papers in haec verba 1 As in our first Proposition Propositions from the Scots Commissioners for 10000 Men for Ireland we made offer of 10000 Men in the Name of the Kingdom of Scotland for a further Testimony of Our Zeal to his Majesties Service and Respect and Brotherly Affection to the Kingdom of England We declare That we will upon the Charges of the Kingdom of Scotland Levy and Transport those Men and not stand with our Brethren upon Conditions of Levy and Transport Mony which we very well know is usual in such Occasions and could not in reason have been denyed us and which will amount to a very considerable summ of Money 2 We desire that there may be 30000 l advanced to us of the Brotherly Assistance because there are great Arrears due to our Soldiers who will not willingly enter into a new Imployment unless they be satisfied with what is resting 3 We desire because we cannot unfurnish the Kingdom of Scotland of Arms Canon and Ammunition That what Proportion of any of these we send with our Army That so many and such a Proportion of each kind may be presently sent into Scotland to remain there till the return of what we take into Ireland which we shall give Assurance shall be restored we retaining so much of that which shall be sent into Scotland as shall be lost or spent of ours in the Service of Ireland 3 We desire That with all Expedition some Ships of War may be appointed to go to Lothyan Port Patrick or Ayr to Guard and Waft over our Soldiers whom we intend for Expedition to Transport in small Vessels and that these Ships shall attend at the Ports in Ireland where we land that they may be sent over again into Scotland to bring over to us any necessaries left behind and to go to and again betwixt those Coasts to keep the Passage free for Going and Returning 5 We desire That for every 1000 Foot we send into Ireland a 100 Horse be in readiness to joyn with them and that these be ordered to receive Instructions and Orders and in every thing to obey the Injunctions of our Commanders This Proposition was not fully Assented to but referred back to the Commissioners for the propounding a less proportion of Horse 6 By the Instructions sent by both Houses of your Parliament to your Commissioners in Scotland and which was sent by his Majesty from Berwick to the Council there they did beseech his Majesty to recommend to the Parliament of Scotland that they would take into Consideration the Matter of Wages and other Charges as they would have done for themselves We in this think we could not make particular Agreement with our Troops but desire you would let us know what entertainment you give to your own Commanders and Soldiers wherewith we shall be satisfied and acquiesce to any Order you shall take with them being willing to serve the Crown of England with the same Affection and upon the same Terms as if we were English Men born Sic Subscribitur A. Fullerton This Evening the House sate late and Candles were voted in House divided about Printing the Remonstrance and a very great Debate there was concerning the Remonstrance of the State of the Kingdom which was presented to his Majesty at Hampton-Court whether it should be Printed or not the House was at the last divided upon it with the Yeas were 135. with the No 83. Whereupon it was Ordered That the Remonstrance shall be forthwith Printed and Published Thus did these Men treat this excellent Prince with repeated Acts of Ingratitude for his transcendent Acts of Grace and were so far from being satisfied or contented that the King had given them so much that they advanced in Confidence to demand all And indeed were as the sequel will make it plainly appear resolved to demand still till the King must be necessitated either to deny then or divest himself of every thing but the shaddow of Imperial Majesty and Power that so they might have an Occasion to break with him and indeavour to wrest the Residue of Sovereignty which he had not parted with by plain force out of his Hands His Majesty now began to feel the effects of that unparalell'd Act 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 5. for perpetuating this Parliaments sitting during their own Pleasure and found in reality that by this Act of the highest Confidence by which he hoped as he saith in his excellent Book for ever to shut out and lock the Door upon all present Jealousies and future Mistakes some Men intended to shut him out of Doors himself and that the permitting them to go up to the Pinacles of the Temple of Prerogative gave them an irresistible Temptation to throw down his Majesty and the Monarchy from thence which fatal Act though in his own Words it was no Sin of his Will yet was an Error of too charitable a Judgment By the Printing and Publishing of this Remonstrance
Whether he doth know or have heard who did Frame Contrive or advise the same or any of them To this he answered That he would deal clearly freely and Ingeniously and that he should say the same which he had before delivered to the Lords and should need no long time to answer this for that he had done none of these three that is neither Framed Advised these Articles or any of them and would be contented to die if he hid Secondly Being demanded whether he knew the truth of these Articles or any of them of his own knowledge or had it by Information To this he Answered He did know nothing of his own knowledge of the truth of these Artitles or any part of them nor hath heard it by Information All that ever he hath heard concerning this was from his Master Thirdly Being asked whether he will make good these Articles when he shall be thereunto called in due course of Law To this he Answered He cannot do it nor will not do it otherwise then as his Master shall Command him and shall Enable him no more then he that never heard of them can do it Fourthly Being asked from whom he received these Articles and by whose direction and advice he did Exhibit them He answered He did Exhibit them by his Masters Command and from his hands he did receive them Fifthly Being asked whether he had any Testimony or Proof of the Articles before the Exhibiting of them He gave this Answer That he received the Command of his Majesty but whether he had any proof then offered or intimation of Testimony to make good those Articles he desired time to consider of it he was pressed again to make answer to this but desired time to consider of it saying there was a secret trust between a Master and Servant much more in this Case The great Design of this Examination was to have got out who were the Witnesses of this Accusation that so they might have fallen upon them and worried them to death and though nothing was more justifiable then this Plea of Secrecy to which Mr. Attorney was obliged by his Oath from which they could have no power to Absolve him Yet it did so Exasperate the Faction that it was Ordered That some way be thought of for Charging Mr. Attorney by this House as Criminous for Exhibiting those Articles in the Lords House against Members of this House without any Information or proof that appears and that this House and the Gentlemen Charged by him may have Reparation from him and that he may put in good Security to stand to the Judgement of Parliament And it was Resolved Votes against the Attorney General c. That this Act of Mr. Attorney 's in this Impeachment against Members of this House is Illegal and a High Crime Resolved c. That the Lords shall be desired That Mr. Attorney may put in good Security to stand to the Judgement of Parliament And Mr. Whitlock Serjeant Wild Mr. Hill Mr. Glyn Mr. Brown Mr. Rigby and Mr. Buller were appointed a Committee they or any three of them to withdraw presently and prepare a Charge against Mr. Attorney upon the Votes of the House And that Posterity may see how Zealous these People after all their pretensions were for the Relief of Ireland Collonel Hill and Lieutenant Bowles Delinquents for raising Volunteers for Ireland It was Resolved c. and Ordered That Collonel Hill and Robert Bowles his Lieutenant shall be forthwith sent for as Delinquents by the Serjeant at Arms attending on this House for beating up Drums and raising of Men contrary to the Ordinance of Parliament And that all Constables and other Officers be assisting to the Serjeant in the Execution of his Warrant And that Mr. Whistler Mr. Pury Mr. Smith and Mr. Hill shall search in such Offices as they shall think fit to see if any Commissions or other Warrants have been granted to any Person or Persons for Levying of Men. A Paper was delivered by Mr. Hambden from the Scotch Commissioners which was read in these words OUr Treaty concerning the Irish Affairs being so oft interrupted by the Emergent Distractions A Paper of the Scotch Commissioners offering their Mediation to the King c. gives us occasion to desire your Lordships and those Noble Gentlemen of the House of Commons for to present to the Honourable Houses of Parliament that we having taken to our Consideration the manifold Obligations of the Kingdom of Scotland to our Native and Gracious Soveraign his Person and Government confirmed and multiplyed by the great and Recent Favours bestowed by his Majesty on that Kingdom at his last being there and settling the troubles thereof and considering the mutual Interest of the Kingdoms in Welfare and Prosperity of others acknowledged and Established in the late Treaty And finding our selves warranted and obliged by all means to labour to keep a right Understanding betwixt the Kings Majesty and his People to confirm that Brotherly affection begun between the two Nations to advance their Unity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms to render thanks to the Parliament of England for their assistance given to the Kingdom of Scotland in settling the late Troubles thereof wherein next to the Providence of God and the Kings Majesties Justice and Goodness they do acknowledge themselves most beholding to the Mediation and Brotherly kindness of the Kingdom of England and likewise to proffer our selves for removing all Jealousies and mistakings which may arise betwixt the Kings Majesty and this Kingdom and our best indeavours for the better Establishment of the Affairs and quiet of the same We do therefore in the name of the Parliament and Kingdom of Scotland acknowledge our selves next to the Providence of God and his Majesties Justice and Goodness most beholding to the Mediation and Brotherly kindness of the Kingdom of England in many respects especially in condescending to the Kings Majesties coming to Scotland in the midst of their great Affairs whereof we have tasted the sweet and comfortable Fruits and do heartily wish the like happiness to this Kingdom And as we are heartily sorry to find our Hopes thereof deferred by the present distractions growing daily here to a greater height and out of the sense thereof have taken the Boldness to send our humble and faithful advice to the Kings most Excellent Majesty for remedying of the same to the just satisfaction of his People so out of our duty to his Majesty and to testifie our Brotherly Affection to this Kingdom and acquit our selves of the Trust Imposed upon us We do most Earnestly beseech the most Honourable Houses in the deep of their Wisdoms to think timously upon the Fairest and Fittest Ways of Composing all present differences to the Glory of God the good of the Church and State of both Kingdoms and to his Majesties Honour and Contentment Wherein if our
fruition of your future favours The fixion our Confidence in you before any other of the Peers and privy Councellors of the Kingdom doubleth this Obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the reading of which we most humbly pray and the manner of it First the Papists in the neighbouring Counties are severely puniâ—â—ed and their miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on fire And we and other Papists are and ever will be as loyal Subjects as any in the King's Dominions For manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it received indelible Impression in our hearts shall be sign'd with our hand and seal'd with our Blood Secondly There is an incapacity in the Papists of Honour and the Immunities of true Subjects the royal Marks of distributive Justice and a disfavour in the Commutative which rais'd Strangers and Forreigners whose valour and vertue was invincible when the old Families of the English and the Major part of us the meer Irish ddi swim in blood to serve the Crown of England and when Offices should call Men of worth Men without Worth and merit obtain them Thirdly The Statute of the 2 Eliz. of force in this Kingdom against us and they of our Religion doth a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real Intention for confirming our Estates his Broad Seal being the pawn betwâ—â—t his Majesty and his people Fifthly The restraint of purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their posterities doth more discontent them than that plantation Rule for they are brought to that Exigent of poverty in these late times that they must be sellers and not buyers of Land And we conceive and humbly offer to your Lordships consideration Principiis obsta that in the beginning of this Commotion Your Lordship as it is hereditary for you will be a Physitian to cure this Disease in us and by our Examples it will doubtless beget the like auspicious scucess in all other parts of the Kingdom For we are of opinion it is one sickness and one pharmach will suffice Sublata causa tollitur Effectus And it will be recorded that you will do service unto God King and Countrey And for salving every the aforsaid Soars your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general pardon without restitution or Account of Goods taken in the time of this Commotion a liberty of our Religion a repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way A Charter free Denizen in ample manner for meer Irish All which in succeeding Ages will prove an Union in all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetnity for an eminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and Quae sunt Dei Deo And it was by the Poet written though he be prophane in other matters yet in this prophetically Divisum Imperium cum Jove Caesar habet All which for this present we to leave your Honourable Care And we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farrall James Farrall Bryan Farrall Readagh Farrall Edmond mac Cael Farrall John Farrall in Carbuy Garret Farrall Lisagh mac Conel Farrall Bryan mac William Farrall James mac Trig Farrall his Mark Morgan mac Carbry Farrall Donnagh mac Carbry Farrall Richard mac Conel Farrall William Mac James Farrall James Farrall Taghna mac Rory Farral Cormack mac Rory Farrall Conock mac Bryne Farrall John mac Edmund Farrall John Farrall Roger mac Bryne Farrall Barnaby Farrall Redeagh mac Lisagh Farrall Connor Oge mac Connor Farrall Edmond mac Connor Farrall Cahel mac Bryne Farrall Before the Parliament broke up the Popish Lords deputed the Lord Dillon to go into England to carry over their Desires to the King and to represent the Means which they thought fittest for the suppressing of the Rebellion and he with the Lord Taaf imbarqued for England but by stress of Weather the Vessel was driven into Scotland and they took their way by Land for London But the Parliament having notice of their coming they were by Order of the Commons seized upon and brought up in safe Custody and all their Papers searched and Examined So unwilling it seems was the Faction that any Address should be made to the King or that any Steps should be made towards the reducing that Kingdom to his Majesties Obedience by any sort of Treaty or Accommodation By this procedure though they gained upon the good Opinion of the People whose favor they most industriously courted and to whom nothing sounded more pleasant then what seemed to express a Hatred and Detestation of the Irish Rebellion and Religion yet certainly was it a means of running the Rebels into such Extremities as dispair of Mercy are wont to produce in those who have transgressed the Bounds of Law and Duty and know their Lives and Estates without it to be forfeited to Justice But for the better understanding of this and some other Particulars the Reader may peruse the following Extracts of some Letters from the Board in Ireland which I found among the old Papers of the Clerk of the Parliaments Office Extract of a Letter of the Lords Justices and Council of Ireland to the Lord Lieutenant dated the 25th of November 1641. THe Rebels in the County of Wexford increasing daily Extract of divers Letters of the Lords Justices Council of Ireland to the Lord Lieutenant received the 6 of December by Mr. Fitz-Girald read Dec. 10. 1641. have taken the Castles of Arickloe Limbrick the Lord Esmond 's House and Fort-Chichester places of good Strength and Importance The Rebels also in the County of Wickloe have laid Siege to his Majesties Castle of Wickloe those in that Castle were in fight with them Yesterday what the issue is we yet hear not and some of those Rebels in the County of Wickloe have dared to come within four Miles of this City and swept away great droves of Cattle And in both Counties as well Wickloe as Wexford all the Castles and Houses of the English with all their substance are come into the hands of the Rebels and the English with their Wives and Children strip'd naked and banished thence by their fury and rage The Rebels in the County of Longford do still increase also as well in their Numbers as in their
the House of Lords concerning the Earl of Strafford 197. to the Lord Keeper denying to pass a Commission for the Parliaments Commissioners 468. to the Lord Keeper 497. to Mr. Nicholas Shewing his resolution to maintain the Establish'd Religion 683. to both Houses about the Prince 889. Letters by Order of either House of Parliament to Sir Jacob Ashley 228. to the Army 235. to the Lord General 441. 445. 453. to the same concerning Hull 448. to the Sheriffs about Pooll-Money 458. to the Lord Generall about Disbanding 461. to the Lords Justices of Ireland in behalf of Sir George Radcliff 464. to the Commissioners in Scotland 494. to the Lords Justices of Ireland 602. Letters of the Lords Justices of Ireland to the Lord Lieutenant General concerning the Irish Rebellion 514. to the Earl of Ormond to persecute the Rebels 538. to the Lord Keeper and Lord Lieutenant of the great Danger there 624. to the Nobility and Gentry informing the Discovery of the Plot 628. to the Earl of Ormond concerning the same 629. to the Lord Keeper and Lord Lieutenant concerning the condition of the Place 661. to the Parliament about the Dunkirkers 784. to the Privy Council 889. to the House of Commons 892 893. to the Lord Lieutenant 900 901 902 911. to the Speaker of the House of Commons 903. to the Lords of the Pale 906. Letter of the Earl of Strafford to the King desiring him to pass the Bill against himself 190. from Newcastle read in the House of Lords 337. of Mr. Percy to the Earl of Northumberland 286. of Father Philips to Mr. Mountague in France 315. of the Queen of Bohemia of thanks to the Parliament 411. of the Speaker of the House of Lords of Ireland to the House of Lords of England gives offence 417. of the Earl of Holland about Disbanding 457. of the Lord General to the Parliament 469. of the Lord Howard about a Conspiracy in Scotland 488. of Sir William Cole to the Lords Justices just before the Discovery of the Rebellion 519. of the Earl of Strafford concerning the State of the Army in Ireland 537. of Sir Henry Vane to the Lords Justices of Ireland 565. of the Lord Howard to the Lord Keeper 603. 612. those from France and Antwerp stopt 615. of the Earl of St. Albans about Affairs in Ireland 686. of Sir J. Temple concerning the same 7â—1 Letters of a Plot against the House of Commons 836. a conjecture at the Writer 837. Letters to one Mr. Crofts ordered to be opened 847. of Sir Phelim O Neal to Sir William Hamilton 895. of one Roche intercepted 896. of the Inhabitants of Longford to the Lord Dillon 898. of Collonel Monk to the Lord Lieâ—tenant of Ireland 919. Letters from Foraign Parts ordered to be opened 247. 307 523. Licence for Raising men for the Dutch Service 723 724. Lie given to a Peer is a Breach of Priviledge 380. Lilburn Votes in his Favour 211. Bishop of Lincoln gives Offence to the House of Commons 477. List of the Prime Papists desired by the House of Commons to be secured 662. debated by the House of Lords 667. of the principal Irish Rebels 888. Robert and Thomas Little Witnesses for the Earl of Strafford 54. 70. Locumtenens see Custos Regni Sir Adam Loftus a Witness in the Earl of Strafford 's Case 58 61 78. Bishop of London a Witness in the Case of the Earl of Strafford 82. released of Tenths upon the Poll-Bill 780. Londoners Petition against the Earl of Strafford 160. mov'd to lend Money 236. 407. 411. 595. 597. their Controversie with the Lord Mayor about the Election of a Sheriff 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. are Mutinous 459. Petition for a Fast 463. and against Bishops Votes c. 733. and for displacing Collonel Lunsford Lieutenant of the Tower 773. Londonderry in Ireland Votes about it 461. Justice Long sent to the Tower for placing a Guard about the Parliament House without their knowledge 732. released 772. William Long a Witness against the Earl of Strafford 54. Longford the Inhabitants there their Letter to the Lord Dillon 898. Lords-day Idoliz'd by the House of Commons 325. 436. 777. Lords House Interpreters of Acts of Parliament in Parliament time 625. Lords sent for by the King not permitted to go by the House of Lords 836. Lorky a Witness against the Earl of Strafford 74. Roger Lott a Witness against the Earl of Strafford 59. Sir Gerard Lowther Articles against him 570. Sir Thomas Lucas a Witness in the Case of the Earl of Strafford 86. M. LOrd Macguire 's Relation of the Irish Rebellion 543. Mac-Mahon his Examination and Confession about the Irish Rebellion 521. Managers of the Cause against the Earl of Strafford 29. deny reasonable time for answer 40. 54. 81. 100. Earl of Manchester 's Manuscript Memoires cited 206 209 272. 427 689. Manifesto of the King about the Palatinate 383. Sir Philip Manwaring a Witness for the Earl of Strafford 78 81. Marches of Wales a Bill about them 394. Mariners a Bill for raising them 236 237. 243. Marshal Ordered to Preach before the House of Commons on the Thanksgiving-day 467. and on the Fast-day for Ireland 756. receives the thanks of the House and a Piece of Plate of 20 l. 775. Maynard appointed a Manager of Evidence against the Earl of Strafford 29. his Speech against the Earl of Strafford upon the first Article 48. one of the Commission to expedite the Charge against the Arch Bishop of Canterbury 265. Lord Mayor of London quells a Tumult about the Spanish Ambassadors House 187. his with the Aldermens c. Petition to the King about his going to the House of Commons 841. Maxwel a Witness against the Earl of Strafford 78. his rudeness why not taken notice of by the House of Commons 195. searches for Priests 651. Bishop of Meath an Account of him 535. Memoirs of the Earl of Manchester cited 206 209 272 427. 689. Memorial of the Venetian Ambassador about breaking open his Pacquet 640. Memorials from the Scotch Commissioners 440. Mr. Audly Mervin 's Speech at exhibiting Articles against Sir Richard Bolton 566. Message of the King to the House of Commons concerning the Tumults disregarded 189. to the House of Lords concerning the same 210. to the House of Commons concerning the Lord Cottington 236. to the House of Lords concerning Disbanding the Army 314 318. to the House of Commons about the Queen Mother 329. to the same concerning the Officers of Star-Chamber 368. and about a Priest of the Venetian Ambassador 394. to the House of Lords concerning Commissions 410. to the same about Soldiers for the Spanish Ambassador 457. to the same concerning Guards 684. to both Houses about the Scots Commissioners and some Priests interceded for by the French Ambassador 719 731. to the House of Lords concerning Voluntiers for Ireland 787 789. to the Lord Major c. of London to suppress Tumults 804. to the House of
Ant. Van Dyck pinxit R. White sculpsit THOMAS EARLE OF STRAFFORDE Viscount Wentworth Baron Wentworth of Wentworth Woodhouse Newmarch Oversley Raby Ld. Lievtenant Generall and Generall Governor of the Kingdome of Ireland and Ld. President of the Councill established in the North parts of England Ld. Lievtenant of the County City of York one of his Maty most honble Privy Councel and Knight of ye. most Noble order of the Garter EN DIEU EST TOUT HONI SOIT QVI MAL Y PENSE Printed for A. Mearne T. Dring B. Took T. Sawbridge and C. Mearne AN Impartial Collection OF THE Great Affairs of State From the Beginning of the SCOTCH REBELLION In the Year MDCXXXIX To the Murther OF King CHARLES I. WHEREIN The first Occasions and the whole Series of the late Troubles IN England Scotland Ireland Are faithfully Represented Taken from Authentick Records and Methodically Digested By JOHN NALSON LL. D. VOL. II. Published by His Majesty's Special Command LONDON Printed for S. Mearne T. Dring B. Toke T. Sawbrige and C. Mearne MDCLXXXIII TO HIS MOST Serene and Excellent MAJESTY King Charles II. GREAT SIR AS Your Majesties Gracious Incouragement gave the first Life and Being to this Work so it naturally in all humble Duty addresses it self for Protection under the Wing of Your Favour and Royal Mercy which Your Majesty so justly challenges as a Virtue more peculiarly Eminent and Conspicuous in your whole Life then in any of Your Illustrious Predecessors It is Necessity and not Presumption which obliges the Author to Prostrate himself and this Book at Your Royal Feet For though the whole World can shew nothing so Harmless and Innocent as Truth yet is she not able to defend her self from her constant Enemies Malice Error and ill Designs nor knows she whither to flie for a secure Refuge but to the Sanctuary of the Great Defender of the Faith to which the nearness of her Relation raises in her a comfortable hope that she shall participate of the same Royal Protection There are some Persons whose Interest it is to lie behind the Curtain even in the present Age and who therefore cannot with patience bear the drawing of it so as to let in the light into that which is past lest by comparing former Occurrences the Temper Inclinations Principles and Movements of those Times there should be discovered so near a Resemblance between the Lineaments and Proportions of the past and present as to be too convincing that there is no greater difference then between the elder and the younger Brother of the same Parents Rebellion and the Good Old Cause Nor is it strange to see some sort of People very angry with the hand which presents them with a Glass wherein they may see the Exact and true Image of Rebellion and Sedition when they can no sooner look into it but they find their own Faces there But it would be not only a Wonder but a Miracle if they should not shew their Resentments against both the Workman and his Work and by indeavouring to hurt his to secure their own Reputation But Your Majesties Grace and Favour is such an Amulet against the Poyson of the most Malignant Faction as is able to secure the happy Persons upon whom it is bestowed from the Infection of the most Malicious Breath and Venemous Tongues and in the Hopes of this the Author does with all humility present Your Majesty with the first opening of the Scene of that Deplorable Tragedy wherein Your Glorious Father had so large a share of Suffering there Your Majesty may see the several Steps and Progressive Advances which those Artists in Rebellion and Usurpation made towards the accomplishment of their Great Design of overthrowing the best Monarchy and Extirpating the most Apostolical Church in the whole World Here may Your Majesty take a view of the most supple Flattery and deep Hypocrisy of a Confederated Faction and how Rebellion to make the People in Love with her was represented to them in the Masquerading Habit and Accoutrements of Religion and Reformation how Slavery and Tyranny those two dreadful Monsters walk'd in the borrowed Equipage of the Liberty of the Subject and the Fundamental Laws and Birthrights of the People and how under the Mantle of Redressing Grievances the Nation came to labour under the greatest Grievance that ever the Necks of the Generous English Submitted to even the Mischief which they pretended to fear absolute Tyranny and the most Arbitrary Government of an Vsurping Faction Here Your Majesty may see the true Picture of the Men of those Principles and Times drawn from the Life by their own hands and in their proper and natural Colours and not only their outward Air Mine and Garb but the Picture of their very Souls their Thoughts Aims Contrivances and most Secret Designs and the black Conclusion at which all these were levell'd over which they so Industriously drew the fair Vails and Curtains of Sanctimony and pretended Loyalty seeming Humility and counterfeit Allegiance Your Majesty may be conducted into those Mines of Sedition unreasonable Fears groundless and unsatisfiable Jealousies of the Dangers of Popery and Arbitrary Government the very Powder which blew up the Foundations both of Church and State Your Majesty may see their Principal Engines of Battery amongst which the Liberty of the Press and I Blush to name it the Licentious abuse of the Pulpit were not the least or did the most Inconsiderable Execution towards the Ruin of the Government I shall not presume to say more but humbly Prostrate my self at Your Majesties Feet to beg the Liberty to add my most fervent Prayers and Wishes to my Sincere indeavours of Serving Your Majesty with my utmost Power May there be an Emulous Strife between the Number and the Glory of Your Majesties Years May the constant Care of Heaven and the Watchful attendance of its Glorious Militia still Guard Your beloved Life against all the Wicked attempts of the Enemies of Your Person and Government May every day that is added to Your Sacred Life contribute fresh Accessions of Happiness and Prosperity Peace and Tranquility to Your Auspicious Reign May You Triumph in the Hearts and Affections of Your People and over the Heads of Your defeated Enemies And could my Prayers Wishes or Indeavours prove as Successful as they are Sincere Your Majesty should not have one Subject in all Your Dominions less Zealous of Your Majesties Service sensible of their Duty and Interest or studious of Expressing their humble Loyalty then the Person who has placed all his Ambition and Glory in Indavouring to approve himself May it please Your Most Sacred Majesty Your Majesties most Humble most Obedient and Intirely Devoted Subject NALSON The Introduction THERE is certainly no manner of Diversion of which Wise and Great Men who indeavour to be really Serviceable to the true Interest of their Prince and Country can make more considerable Advantages or more agreeably spend their Leisure Minutes
then in taking a true Prospect and Exact Survey of the Transactions and Events of former Times And of all the Historical Landscapes which have been delineated to the Life by the Exactest Hands of the most able Masters those which represent the violent Tempests of State and the dreadful Shipwracks of Kingdoms and Governments afford the most profitable Entertainment The Glorious days of Peace slide Easily and without Noise down the Stream of Time into the Immense Ocean of Eternity and leave behind them very few Traces of any thing uncommon or Extraordinary more then the Remembrance of their happiness and the Emulous Wishes of Posterity to see the return of such Golden Ages But the sullen and lowring Times of Commotions and Disorders the dreadful Inundations of Popular Fury the Dismal Events of Civil Rage Unnatural Rebellions and unexampled Revolutions produce such infinite variety of strange Actions and Prodigious Occurrences as must of necessity bring both the Temptations of Pleasure and Advantage to entertain the Curious and to recompence the Industrious Time is a Magnificent Structure upon which every Age still builds something higher and from the lofty Battlements of this growing Pile every Age has the opportunity of the vast Prospect upon the two Immense Tracts of past and future and by comparing the several Events of distant Times those of the Present are enabled to employ themselves in a very necessary comendable and advantageous Curiosity and Research into the Causes and Effects the Methods and Movements the curious Artifices and cunning Intrigues the outward Pretensions and the inward Designs which produced such remarkable Alterations of Humane Affairs and such wondrous Turns and Changes in Laws Religion and Government and from thence not only to make probable and Rational Conjectures of what is past but to draw prudent necessary and useful Deductions and Inferences and to prepare suitable Antidotes and Precautions against the like dangerous Distempers of the Body-Politick for the Future since nothing carries more clear Evidence and Demonstration along with it then this Aphorisme which has been justified by a thousand Instances and Precedents of most undeniable Matter of Fact That all the Great Changes which have been made in the World by the Violent Methods of Commotions Seditions and Rebellion have ever been mannaged and Carried on by the Specious and Deluding Pretensions of Liberty of the People Redress of Grievances and Reformation either of the Civil or Religious Frame of Government And that it is no less certain That the same Arts Principles and Methods which have been so Successful in former Ages to accomplish the most wicked and infamous Enterprizes must necessarily lead Men to the same Designs and naturally and unavoidably terminate and Centre in the same Ends unless prevented by the timely Application of Suitable and Effectual Remedies And since nothing contributes more certainly to the Cure of a Distemper then the certain knowledg of the Nature and Causes of the Disease and that no Method can be more accomodate to the gaining that necessary knowledg then the Understanding of the true Symptoms and infallible Diagnosticks which are always the fore-runners of the Indispositions in the Body-Politique there can be nothing found more conducing to the attaining this necessary and useful Art then for such Persons whose Birth Quality Station or Ability must certainly command their Service in the Affairs of their Prince and Country throughly to Understand the Nature and Circumstances of such Men and Times Actions and Events as have formerly been the most considerable of their Age. There is nothing generally more inviting and agreeable to the very Genius and Inclinations of humane Nature then variety and consequently nothing that affords a more satisfactory Pleasure insomuch that not only those gay and splendid Scenes of Peace and Tranquility which have Crowned the Smiling Brows of some happy Ages of the World but even the more Cloudy and Tempestuous Turbulent and Tragical Acts which have had their Turn upon the Stage present a delightful and pleasing consideration either that they have had the happiness not to have been then in being when those miserable Revolutions happened or to such as were to have survived the fury of the Storm and the common Shipwrack And certainly among all the Famous Revolutions which have happened in the World no Age or Story is able to parallel those dreadful Overturnings which happened in these Nations of England Scotland and Ireland Never was any Time stored with stranger Events or any Events accompanied with Circumstances more Dreadful and Surprizing Never was any Tragedy Acted more Barbarously or in less time the Raging Flames of Civil Dissention were violently fann'd with the furious Blasts of a Whirlwind of Faction and to that Extremity that such incredible things were Acted in so short a space so many sharp encounters and Bloody Battels so many places before the Wars pleasant as the Garden of God turned into perfect Desart and Wilderness stately Houses into Ruinous heaps and in short the whole Frame of the Government and the Face of Affairs both Civil and Religious so wholly altered and destroyed that it seems absolutely necessary to confirm the truth of them from Unquestionable Monuments and Authentique Records and Remains of those Persons and Times lest Posterity should be apt to suspect such incredible Relations as coming nearer to Fiction and Romance then Reality The Seeds of Discontent and Jealousie which were now ripened into this miserable Harvest of a most Violent Rebellion had been long Sown and industriously Cultivated between the Prince and the People by some Zealous pretenders to a Publick Spirit whose restless industry was continually imployed to set up the Popular Pretence of Liberty against the Royal Prerogative and of Reformation and Piety and Religion against the Established Order and Government in the Church This Fiery Spirit began to appear and to be very Turbulent in the days of Queen Elizabeth and so Formidable and Numerous was the Party then grown that that Princess who is wont to be Magnified by the present State and Church Dissenters of our time with such high Elogies and Encomiums found her self under the absolute necessity of repressing their Insolencies by the severity of Laws and the putting the Laws in Execution as is evident by that Statute of the 35th of Eliz. Enacted as the words of the Statute Expresly declare against Seditious Sectaries and to retain the Queens Subjects in their due Obedience This sharp procedure of the Queens who now found by Experience that the Crown was beset by two dangerous though opposite Factions of Papists and as they were then stiled Puritans did for the Remainder of her Reign Extremely cool the Courage of the Party and Retard their Designs for she found by Experience that their temper was such as was Manageable by Legal Severities but insolent daring and unsatisfiable by Connivence Indulgence and slackning of the Reigns of Government But this sort of People who are wont to Supply what
Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few dayes produce in the mean time they have Resolved That your Lordship shall be Committed into Safe Custody to the Gentleman Vsher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you Whereupon he was immediately taken into Custody by James Maxwell Usher of the Black Rod. And that the Commons might Disable him of the Testimony and Assistance of Sir George Radcliff his great Friend and Confident it was resolved to make him a Party and accuse him of High Treason and Confederacy with the Earl which was accordingly done as is more at large related before to which the Reader is referred only a Debate worth the Observation arose upon his being a Member of the Parliament in Ireland Whether he could without Breach of Priviledge be sent for Upon which it was Resolved as a thing out of all Doubt That in case of High Treason Priviledg of Parliament neither here nor there doth reach to Protect him Notwithstanding which when afterwards his Majestie accused the Lord Kimbolton and the Five Members of High Treason and Exhibited Articles against them they did not only protect them but arraigned that proceeding as the Highest Violation of the Priviledges of Parliament making it one of the main Foundations upon which they built the Justice of the succeeding Rebellion and their taking up Arms against his Majesty It was Ordered Wednesday Novemb. 18. That no Member of the House of Commons shall visit the Earl of Strafford during his restraint without Licence first obtained from the House And the same Order was taken in the House of Peers and all the time of his Imprisonment the Lieutenant of the Tower brought in a Weekly account of the Names of those persons who visited him and by whose Order Upon Munday Munday Nov. 23. Novemb. 23. Mr. Pym presented a draught of Articles to the House which being referred to the Committee who were to prepare a Charge against the Earl were by them reported and agreed to by the House and Mr. Pym ordered to go up with them to the Lords which upon Wednesday following he did accordingly Wednesday Nov. 25. and before their Lordships laid out his Talent of Speech-making upon that subject as follows The Articles being first tendred and Read which were these I. THat he the said Thomas Earl of Strafford Articles of Impeachment against the Earl of Strafford Nov. 25. hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous Words Counsels and Actions and by giving his Majesty advice by force of Armes to compel his Loyal Subjects to submit thereunto 2. That he hath Trayterously assumed to himself Regal power over the Lives Liberties Persons Lands and Goods of his Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of his Majesties Liege people 3. That the better to enrich and enable himself to go thorow with his Trayterous Designs he hath detained a great part of his Majesties Revenue without giving legal account and hath taken great Summes out of the Exchequer converting them to his own use when his Majesty was necessitated for his own urgent occasions and his Army had been a long time unpaid 4. That he hath Trayterously abused the power and authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual dependance and confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical designs 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesties Subjects of England and those of Scotland 6. That he hath Trayterously broken the great Trust reposed in him by his Majesty of Lieutenant General of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss of New-Castle his Majesties Realm of England might be engaged in a National and Irreconciliable quarrel with the Scots 7. That to preserve himself from being questioned for those and other his Trayterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majesty to set a division between them and to ruin and destroy his Majesties Kingdoms for which they impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity 8. And he the said Earl of Strafford was Lord Deputy of Ireland and Lieutenant General of the Army there viz. His most excellent Majesty for his Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of all his Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that the said Earl may be put to answer for all and every the premisses that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as it is agreeable to Law and Justice My Lords THese Articles have exprest the Character of a great and dangerous Treason Mr. Pym's Speech after the Reading the Articles against the Earl of Strafford Nov. 25. such a one as is advanced to the highest degree of Malice and of Mischief It is enlarged beyond the limits of any description or definition it is so hainous in it self as that it is capable of no aggravation a Treason against God betraying his Truth and Worship against the King obscuring the Glory and weakning the foundation
the Subjects of the said Realm of Ireland to bring them under his Tyrannical power and will and in pursuance of his wicked and Trayterous purposes aforesaid the said Earl of Strafford in the Eighth Year of his Majesties Reign did by his own Authority without any warrant or colour of Law tax and impose great Sums of Money upon the Towns of Baltemore Baudenbridge Talowe and divers other Towns and Places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Souldiers with Force and Arms in a warlike manner And on the Ninth day of March in the Twelfth Year of his now Majesties Reign Traiterously did give Authority unto Robert Savile a Serjeant at Armes and to the Captains of the Companies of Souldiers in several parts of that Realm to send such numbers of Souldiers to lye on the Lands and Houses of such as would not conform to his orders untill they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to return to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in Warlike manner with Force and Arms put in Execution accordingly and by such Warlike means did force divers of his Majesties Subjects of that Realm to submit themselves to his unlawful Commands And in the said Twelfth Year of his Majesties Reign the said Earl of Strafford did Traiterously cause certain Troops of Horse and Foot armed in Warlike manner and in Warlike aray with Force and Armes to expell Richard Butler from the possession of Castle-Cumber in the Territory of Idough in the said Realm of Ireland and did likewise and in like Warlike manner expel divers of his Majesties Subjects from their Houses Families and Possessions as namely Ed. Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield and divers others to the number of about an hundred Families and took and imprisoned them and their Wives and carried them Prisoners to Dublin and there detained them untill they did yield up surrender or release their respective Estates and Rights And the said Earl in like Warlike manner hath during his Government of the said Kingdom of Ireland subdued divers others of his Majesties Subjects easily to his Will and thereby and by the means aforesaid hath levied War within the said Realm against his Majesty and his Liege People of that Kingdom 16. That the said Earl of Strafford the Two and twentieth of February in the Seventh Year of his now Majesties Reign intending to oppress the said Subjects of Ireland did make a Proposition and obtained from his Majestie an allowance That no Complaint of Injustice or Oppression done in Ireland should be received in England against any unless it first appeared that the Party made first his address to him the said Earl and the said Earl having by such usurped tyrannical and exorbitant Power expressed in the former Articles destroyed the Peers and other Subjects of that Kingdom of Ireland in their Lives Consciences Land Liberties and Estates the said Earl to the intent the better to maintain and strengthen his power and to bring the People into a disaffection of his Majestie as aforesaid did use his Majesties Name in the execution of his said power And to prevent the Subjects of that Realm of all means of Complaints to his Majesty and of Redress against him and his Agents did issue a Proclamation bearing date the Seventeenth day of September in the Eleventh Year of his Majesties Reign thereby commanding all the Nobility Vndertakers and others who held Estates and Offices in the said Kingdome except such as were imployed in his Majesties Service or attending in England by his Special Command to make their personal Residence in the said Kingdom of Ireland and not depart thence without Licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the Subjects of the said Realm are restrained from seeking Relief against the oppressions of the said Earl without his Licence which Proclamation the said Earl hath by several rigorous wayes as by Fine Imprisonment and otherwise put in execution on his Majesties Subjects as namely one Parry and others who came over only to complain of the Exorbitances and Oppressions of the said Earl 17. That the said Earl having by such means as aforesaid subverted the Government and Lawes of the Kingdom of Ireland did in March in the Sixteenth year of his Majesties Reign in Scandal of his Majesty of all his Kingdoms and in further Execution of his wicked purposes aforesaid speaking of the Armies in Ireland declare That his Majesty was so well pleased with the Army of Ireland and the consequence thereof that his Majesty would certainly make the same a pattern for all his Three Kingdoms 18 That the said Earl of Strafford for the better effecting of his Trayterous designs and wicked purposes did indeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland and to that end during the time of Government in Ireland he restored divers Frieries and Mass-houses which had been formerly suppressed by precedent Deputies of that Kingdom two of which houses were in the City of Dublin and had been assigned to the use of the Vniversity there to the pretended Owners thereof who have since imployed the same to the Exercise of the Popish Religion And in the Moneth of May and June last the said Earl did raise an Army in the said Realm consisting of Eight thousand Foot all of which except one thousand or thereabouts were Papists and the said One thousand were drawn out of the Old Army there consisting of Two thousand Foot and in their places there were a thousand Papists or thereabouts put into the said Old Army by the said Earl And the more to ingage and tye the new Army of Papists to himself and to encourage them and to discourage and wear out the Old Army the said Earl did so provide That the said New Army of Papists were duly payed and had all Necessaries provided for them and permitted the Exercise of their Religion but the said Old Army were for the space of one whole Year and upwards unpaid And that the said Earl being appointed a Commissioner with Eleven several Counties in the Northern Parts of England for Compounding with Recusants for their Forfeitures due to his Majesty which Commission beareth date the Eighth day of July in the Fifth Year of his Majesties Reign that now is and being also Receiver of the Composition Money thereby arising and of other Debts Duties and Penalties for his Majesties Vse by Letters Patents dated the 9. day of the said July he to engage the said Recusants to him did compound with them at low and under Rates and provided that they should be discharged of all proceedings against them in all his Majesties Courts both Temporal and Ecclesiastical in manifest
afflicted Whereupon a demand was then made from his Majesty of 12 Subsidies for the release of Ship-money only and while the said Commons then assembled with expressions of great affection to his Majesty and his service were in debate and consideration of some supply before resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the 5 day of May last and upon the same day the said Earl of Strafford did Treacherously Falsely and Maliciously endeavour to incense his Majesty against his loving and faithful Subjects who had been Members of the said House of Commons by telling his Majesty they had denied to supply him And afterward upon the same did Treacherously and Wickely Counsel and Advise his Majesty to this effect viz. That having tried the affections of his People he was loose and absolved from all rules of Government and was to do every thing that power would admit and that his Majesty had tried all ways and was refused and should be acquitted both of God and man and that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom to obedience 24. That in the same month of May he the said Earl of Strafford Falsely Treacherously and Maliciously published and declared before others of his Majesties Privy-Councel that the Parliament of England had for saken the King and that in denying to supply the King they had given him the advantage to supply himself by other ways and divers other times he did Maliciously Wickedly and Falsely publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usual way the King might provide for the Kingdome in such ways as he should hold fit and that he was not to suffer himself to be mastered by the frowardness of the People And having so maliciously slandered the said House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in his Majesties name a false and scandalous book entituled his Majesties Declaration of the causes that moved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said House of Commons 25. That not long after the dissolution of the said last Parliament viz. In the months of May and June He the Earl of Strafford did advise the King to go on rigorously in levying the Ship-money and did procure the Sheriffs of several Countries to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber for not levying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and the Aldermen and the Sheriffs of the said City were often sent for by his advice to the Councel Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these or the like Speeches viz. That they deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up 26. That the said Earl of Strafford by his wicked Counsel having brought his Majesty into excessive charges without any just cause he did in the month of July last for the support of the said great charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the money in the Mint And to imbase his Majesties Coyn with the mixtures of Brass And accordingly he procured One hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to his Majesties use And when divers Merchants of London owners of the said Bullion came to his house to let him understand the great mischief that course would produce here and in other parts what prejudice it would be to the Kingdome by discrediting the Mint and hindring the importation of Bullion he the said Earl told them That the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to help the Rebel than to help his Majesty and that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such Moneys to serve their Occasions And when in the same Month of July the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them that the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their accounts so that they may know what to levy of them by force which they did accordingly leavy and turning to the Lord Cottington then present said That this was a point worthy his Lordships consideration 27. That in or about the Month of August last he was made Lieutenant General of all his Majesties Forces in the Northern parts against the Scots and being at York did in the Month of September by his own authority and without any lawful warrant impose a Tax on his Majesties Subjects in the County of York of eight pence per diem for maintenance of every Soldier of the Trained bands of that County which Sums of Money he caused to be levied by force And to the end to compel his Majesties Subjects out of fear and Terrour to yield to the payment of the same He did declare that he would commit them that refused the payment thereof and the Soldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of High-Treason 28. That in the Month of September and October last he the said Earl of Strafford being certified of the Scottish Army coming into the Kingdome and he the said Earl of Strafford being Lieutenant General of his Majesties Army did not provide to the defence of the Town of New-Castle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings Kingdoms of England and Scotland in a National and Bloody War he did write to the Lord Conway the General of the Horse and under the
House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common-wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was settled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King were constrained for the Preservation of the Land to stay the Bullion they might thank themselves and the City receiving so great a benefit by Residing amongst them they made but an unthankful acknowledgment in such a Straight to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board and the Earl then shewed a Letter he received from the Earl of Leicester wherein was related That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris to peruse their Shop-Books and Accompts and to Cess every man according to his Ability towards the payment of the King's Army and then said That it was but just for Us here in England to bless God for being under a King which could not think upon such a Pressing upon the People But the words in the Article or words to any such intent he did not speak and cannot sufficiently bemoan himself to have been in all his words so ill understood or so untruly Reported as he hath been To the 27th he saith He perswaded the Gentry of that Country to allow the Trained-Band a months Pay which they yielded and His Majesty graciously accepted It was by Council of War His Majesty being present thought fit the Trained-Bands should return save the two Regiments under the Command of Sir William Pennyman and Sir Thomas Danby It was assented unto by His Majesty and the great Councel of the Peers then Assembled That those spared should Contribute and the said Earl was Commanded by them to see it done which was done accordingly by Warrants from him and from his Deputy-Lieutenants which was much less Charge to the Countries than otherwise and denies the other particular in the Article mentioned To the 28th he saith He was Lieutenant-General to the Earl of Northumberland about the 24th of August of 10 or 12000 Foot and 2000 Horse being at New-Castle under the Command of the Lord Conway and Sir Jacob Ashley and the rest of the Army at York the said Earl went from London and the 26th of August notwithstanding his extream weakness and came to York and having received a Letter from Sir Jacob Ashley that New-Castle was Fortified and that they must be Infamous Beasts to lose it and that it was fully Secured and being acquainted with several Dispatches sent by Mr. Secretary Vane by His Majesties Directions to the Lord Conway General of the Horse to oppose the Passage of the Scots over the River of Tyne the one dated 22. Augusti the other 23. Augusti another 24. Augusti another 26. Augusti the substance of which Letters are particularly mentioned in the
Earl came attended from the Tower by 6. Barges wherein were about 100 Souldiers with Partisans for his Guard and 50 pair of Oars came along with him At his Landing in Westminster he was attended by 200 of the Train-Bands who Guarded him into the Hall the Entrances at White-Hall Kings-street and Westminster were Guarded by the Constables and Watchmen from 4. of the Clock in the Morning to prevent the concourse of base idle and inferior Degrees of People who are apt upon such occasions to flock together and produce mischief and disorders The King the Queen and Prince came to the Hall about 9. of the clock but did not appear publiquely only the Prince came out once or twice to the Cloth of Estate so that the King saw and heard all that passed but was seen by none Some give the Reason of this to proceed from the received Practice of England in such Cases Others were of Opinion That the Lords intreated his Majesty either to absent himself or to be there privately lest hereafter it might give occasion to pretensions that his being there was to over-aw or some other ways interrupt the Course of Justice A third That the King was not willing to appear as an Actor in the Process till it came to his part but rather he chose to be present Incognito that he might Observe and vnderstand whether any Violence Rigor or Injustice were used in the Trial. At the Lieutenant's Entrance into the Hall the Porter of the Hall whose Office it is inquired of Mr. Maxwell Whether the Ax should be carried before him or no who answered That the King had Expressly forbidden it Nor was it ever the Custom of England to use that Ceremony but only when the Party accused was to be put upon his Jury At the Trial the Lords of the Upper House sate Covered the Members of the Lower House uncovered The Lords Spiritual were not at all present having on Saturday before absolutely declined appearing in Causa Sanguinis thô withal Entring a Protestation That their Absence should not prejudice them of that or any Priviledg appertaining to them as Lords Spiritual in Parliament The Earl of Arundel who was by His Majesty constituted and appointed Lord High Steward by Commission under the Great Seal of England sate apart by himself and all things being now in a Readiness the Managers of the Evidence standing at the Barr the Noble Prisoner was called for and being brought by Sir William Balfour Lieutenant of the Tower after an Obeysance given he came to the Barr and kneeled and after standing up the Right Honourable Thomas Earl of Arundel and Surrey Lord High Steward of England acquainted him That his Lordship was called before the Lords in Parliament to Answer to and be Tryed upon the Impeachment presented to them by the Commons House in Parliament in the Name of themselves and all the Commons of England And that their Lordships are resolved to hear both the Accusation and Defence with all Equity and therefore thought fit that in the first place his Lordship should hear the Impeachment of High Treason read which was done accordingly the Articles being delivered in by Mr. Pym. While it was reading a Chair was brought for him by the Gentleman Usher and by the Direction of the Lords he was permitted to repose himself After the Charge the Earl's Answer was likewise read which took up the whole time of the First Day The Queen went from the House about 11 of the Clock the King and Prince stayed till the Assembly was Adjourned which was about Two of the Clock and the Earl was remanded to the Tower with his Guard and appointed to appear again upon Tuesday at 9. of the Clock The Confluence of People was neither numerous nor insolent all of them Saluted him both at his Landing and Return which with a Generous Humility he did most courteously receive and return By which it is Evident how false the Rumors were which Malevolent Persons Raised that the Populace was so inraged at him that they would go near to tear him in pieces The Multitude is an Unruly Animal but yet certainly Report does in these cases encrease the Danger and a Tumult is not altogether so insensible of punishment as not to fear it notwithstanding Numbers seem to plead an Exemption from it and to frighten Justice from her Seat But this sluggish Creature the Mobile is then certainly most Dangerous when like the Unstable Element it does Resemble it is raised by the Turbulent breath of Sedition to overflow the Bounds of Duty and outrage all that is called Justice and there wanted not such spirits who by spreading these Rumors of the Discontents of the People taught them to be Discontented and by predicting of Disorders learnt at least their own Faction to know what was Expected from them upon Occasion and how calm soever the People seemed to be yet the Conclusion of this Tragedy will make it appear that some Persons had Tumults at Command and could upon Occasion raise the dangerous Tempest of the Madness of the People not inelegantly coupled with the Raging of the Sea by the Royal Prophet Upon Tuesday in the Morning the Earl came accompanied as before to Westminster The Second Day Tuesday March 23. and having stayed in the Exchequer Chamber till 9. of the Clock the King Queen and Prince being come and that High and Illustrious Court being set he was again brought to the Barr and the Lord High Steward having commanded the Committee of the Commons who were to manage the Evidence to proceed Mr. Pym in a large and studied Oration full of Hyperbolical Figures and Insulting Eloquence opened amplified and inforced the Charge by raveling the Answer of the Earl to his Articles of Impeachment in manner following My Lords WE stand here by the Commandment of the Knights Mr. Pym's Speech at the Trial of the Earl of Strafford March 23. Citizens and Burgesses now Assembled for the Commons in Parliament and we are ready to make good that Impeachment whereby Thomas Earl of Strafford stands charged in their Name and in the Name of all the Commons of England with High Treason This My Lords is a great Cause and we might sink under the weight of it and be astonished with the Lustre of this Noble Assembly if there were not in the Cause Strength and Vigour to support it self and to encourage us It is the Cause of the King it concerns His Majesty in the Honour of His Government in the Safety of His Person in the Stability of His Crown It is the Cause of the Kingdom It concerns not only the Peace and Prosperity but even the Being of the Kingdom We have that piercing Eloquence the Cries and Groans and Tears and Prayers of all the Subjects assisting us We have the Three Kingdoms England and Scotland and Ireland in Travail and Agitation with us bowing themselves like the Hindes spoken of in Job to cast out their Sorrows Truth
ready to assist His Majesty in any other way Sir Robert King deposed to Sir George Ratcliff's words about 30000 men and 400000 l and that the King could not want Money Sir Rob. King he had an Army The Lord Ranulagh deposed to the same Effect concerning Sir George Radcliff Lord Ranulagh Sir Tho. Barrington deposed Sir Thomas Barrington That on private discourse about the Parliament Sir George Wentworth said The Commonwealth was sick of Peace and will not be well till it be Conquered again Sir Robert King further said That the Lord Ranulagh was displeased at Sir George Ratcliff 's words conceiving it was an intention to raise Money forcibly in England and that they must turn their Swords upon them from whom they were descended and cut their Throats for their own Safety which the Earl confirmed by offering to sell the said Lord his Estate in Ireland though he thought they would be quieter there than in England From whence the Managers inferred his Design was against England To prove this Design Sir Tho. Jermin deposed Sir Thomas Jermin That he heard my Lord Strafford say something of the Parliaments forsaking the King The Earl of Bristol deposed The Earl of Bristol That discoursing of the Distractions of the Times the Mutiny of the Soldiers and Danger of a War with Scotland he proposed the Summoning a new Parliament as the best way to prevent those Desperate Vndertakings which discourse and his Reasons my Lord Strafford seemed not to dislike but said He thought it not counselable at that time in regard of the slow Proceedings of Parliaments and the real and pressing Dangers and that the Parliament had refused Supplies and therefore the King was to provide for the Safety of the Kingdom Salus Reipublicae being Suprema Lex and that the King must not suffer himself to be mastered by the stubborness and undutifulness of his people or rather Stubberness and disaffection of some particular men meaning some Members of Parliament as he conceives being discoursing of the Parliament The Lord Newborough deposed That he heard words to this Effect Lord Newborough That seeing the Parliament had not supplyed the King His Majesty might take other courses for Defence of the Kingdom But thô he cannot swear the Earl spake these words Earl of Holland he verily believes he heard him speak something to that purpose The Earl of Holland deposed much to the same Purport Then they proceeded to the 23. Article and the Examination of the Earl of Northumberland was read That in case of Necessity for Defence of the Kingdom if the People refuse to Supply the King the King is absolved from Rules of Government and that every thing is to be done for the Preservation of the King and his People and that by some discourses to His Majesty he believes if the King was not supplyed by Parliament some Course was intended to raise Money by Extraordinary wayes but that the Irish Army was to land in the West of Scotland and he hath not heard that these Forces were to be imployed in England to compel or awe the Subjects to pay Taxes imposed Sir Henry Vane deposed Sir Hen. Vane That upon debate of the Question Whether Offensive or Defensive War the Earl said Your Majesty having tryed all wayes and being refused in case of Extream Necessity for the Safety of the Kingdom you are loose and absolved from all Rules of Government you are acquitted before God and Man You have an Army in Ireland you may imploy it to reduce this Kingdom But he will not interpret whether my Lord meant England or Scotland but afterwards he said positively to reduce this Kingdom applying it to England Mr. Whitlock summed up the Evidence That it was clear my Lord of Strafford had a strong Design and Endeavour to Subvert the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he would not aggravate these words which were to allay them having in them more Bitterness and Horror than he is able to Express After some little pause The Earl's Defence the Earl made his Defence And first to the Earl of Traquair's Deposition the said Earl sayes That it was the Resolution of the Council-Board and that he gave his Vote among the other Lords That if the Commissioners of Scotland gave not Satisfaction the King might put himself into a posture of War So that his Opinion was the same with the rest and he thinks himself in great Safety having the Concomitant Opinion of so many wiser Persons than himself And for the Earl of Moreton 's Deposition he hopes when the Council of England had resolved it it was no great Crime for him to say That the unreasonable Demands of Subjects in Parliament was a good ground for the King to put himself into a posture of Defence and for his saying it was not Religion but the Root of Government they strook at that he thinks he and every man that thought so had reason to say as he did As to Sir H. Vane the War being resolved and whether Offensive or Defensive the Question he hopes it is not Treasonable for a Privy Councellor to give his Opinion according to his Conscience to do so being their Duty and according to their Oaths and that he was as free to give his Reasons one way as any other person another As to the seizing the Ships Barnwell 's Testimony is only by hearsay but he will inform their Lordships by proof that the Scots Ships were stayed by the Lord Admiral 's Warrant which Mr. Slingsby attested so that the Earl said it might appear he was no such Stirrer or Incendiary between the King and his Subjects as he was represented To the 21 Article and the Lord Primate's Examination about the King 's using his Prerogative it is but singularis testis and only in way of Argument but that the words fairly construed and clearly understood have no ill sence for the King may use his Prerogative as he pleases because the King's Pleasure is always just and to think the King will use his Prerogative otherwise were a high Offence or to think he will use his Prerogative otherwise then as befits a Christian and Pious King To my Lord Conway 's Testimony That the King might help himself though it were against their Will He answered That to help a man's self is Natural for Self is the last Creature that leaves any person and what is natural to every man is so to the King who is accountable not only for Himself but his People To Mr. Secretary Vane 's Testimony That if the Parliament should not succeed he would be ready to assist His Majesty any other way He sees not where the heynousness or venom of the words is to endanger his Life and Honor and he conceives Mr. Treasurer said as much and the Wayes the King could command
in his Examination denies absolutely his hearing any such words he sayes indeed he conceives there was intended some Extraordinary wayes of raising money which my Lord Strafford sayes was meant of borrowing 3 or 400000 l. my Lord Marquess Hamilton remembers no such words Then he desired the Lord Treasurer might be examined who averred he never heard my Lord Strafford speak any such words The Lord Cottington averred the same only he heard my Lord Strafford say The Parliament had not provided for the King or had left the King without money which was no more then truth And to the extraordinary wayes That my Lord said the King ought to seek all due and legal wayes and use his Prerogative Castè Candidè and so my Lord concluded That Mr. Secretarie's at most was but a single Testimony of Words which by the before recited Statute requires two sufficient Lawful Witnesses or the voluntary confession of the Party He desired that the Antecedents and Consequents of his words might be taken together and that being spoken of a Case of extreme necessity and the King 's using his Power candidè caste and they would not with those restrictions and limitations with which he spake them he hoped appear so criminal And forthis purpose he desired the Earl of Northumberland's Examination might be read which was That he heard the Earl of Strafford often say That that Power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only so used That further the Earl of Strafford said That the Kingdom could not be happy but by good agreement between the King and his People in Parliament The Marquess of Hamilton also being Examined attested the same and that heard him speak those words both before and after the Parliament and that it was upon the Occasion of his informing the King that the Scottish Army would certainly invade England Lord Goring and Sir Thomas German attested to the same Effect Lord Treasurer said he remembered the words but not the particular occasion He then added That as this was his meaning so it was cleared to be so by the subsequent Actions for nothing had been done upon it against the Laws and Customs of the Realm that these words were spoken in full Council where he was upon Oath to speak his Conscience and had he not done so he must have been perjured and if he must be either perjured to God or a Traytor to man he had learnt to fear him who can destroy both Soul and Body and not Man who can only kill the Body That it was but his Opinion if held pertinaciously may make a man a Heretick not a Traytor yet he was not pertinacious he pressed it no further nor was any thing done upon it He further desired their Lordships to consider the great Trusts and Thoughts they were born and bred to for the weighty imployments of the Kingdom but this would disable and discourage men from that service if a Councellor delivering his Opinion shall upon mistaking or not knowing the Law be brought into Question for his Life and Honour and Posterity and that few Wise and Noble Persons would upon such unsafe terms adventure to be Counsellors to the King humbly beseeching their Lordships to think of him so as not to bring an inconvenience upon themselves and Posterity To this Mr. Whitlock replyed That whereas my Lord Excuses his words as being only concurrent with the Vote of Council it is evident some were of another Opinion Managers reply That whereas he sayes he therefore gave advice conceiving the Scots Demands strook at the Root of Government it is plain they did not being since by Royal Assent made Acts of Parliament in Scotland it was his Resolution his Advice there should be an Offensive War For staying the Ships they will not insist upon it For his saying The King 's helping himself was a Natural Motion to do it against the Will of the Subjects was a Violent Motion and his Lordships Design and for helping the King in other wayes if the Parliament were Dissolved he was willing it should be so by proposing Supplies before Redress of Grievances and before a Resolution Whether they would give to inform against the Parliament by mis-information and for the Parliament of Irelands Resolution and Declaration it was by his procurement being Chief Governor there And for Vsing the Army against England admitting the primary Intention were to land them in Scotland but when the Army was landed his Intentions might change and it seems it was by his labouring to perswade the King to make Vse of it to reduce this Kingdom That no Answer was given by my Lord to those words That the King was not to be Mastered by the frowardness of his People c. That notwithstanding the Stat. of Ed. 6. it is High Treason to advise the Destruction of the King and though the words in themselves are not Treason yet as they declare an Intention of Subverting the Laws and Government of the Kingdom they are That Mr. Treasurer swears the words affirmatively and that others did not hear disproves not his Testimony but comparing all together it appears his Intention was to bring in that Army to reduce this Kingdom That His Majesty must not be mastered implyes he must master them and that by the force of others and to compel the Subjects to submit to an Arbitrary Power That nothing was done upon those Councels is no Excuse to him it is an Obligation to the Subjects to Love and Honour the King for rejecting them but yet some things were done which my Lord will never be able to justifie concluding That this was not only Crimen laesae Majestatis but also Reipublicae Mr. Maynard seconded Mr. Whitlock observing That my Lord had taken such a course to weaken the Testimonies that allowing it nothing will be so strong but he will take off the strength of it and that is by taking them in pieces and then saying they are but single Evidence whereas it is Evident that upon all occasions he spoke such words if his Adverbs Candidè Castè must be applyed to what is lawful they were needless and truly he may say it was done Cautè thô not Castè The Case comes to this There was a Parliament Sitting a little before he casts out words about raising Money which must be made good by Adverbs Money must be raised in an Extraordinary way the Parliament is broken a Necessity made and Soldiers must be brought in to make good these wayes take these asunder and my Lord will make it a good Action but taken together they make good the Charge and that though Treason is not in his words but in his wicked Counsels Mr. Glyn took up the Bucklers and added That he had ascended the Throne and by ill Counsels endeavoured to infuse his Venom into the King's Person and to Corrupt the Fountain but
the Kingdom depends on this Fail not in the speedy execution thereof as you will answer to the contrary on peril of your life Dated the last of August 1640. Mr. Glyn then said The 28 Article being still behind they are not yet resolved whether to proceed or not but they desire another day to be heard having something more to say And then the Court was adjourned and the next day appointed at 8 of the Clock Thus far in the Trial of this Noble Lord I have followed the traces of the Journals the Printed Trial by Mr. Rushworth and a Manuscript which I have by me which was found in the Chamber of a Worthy Gentleman a Fellow of Queens College in Cambridge being in the times of the Persecution hid there for upon taking up the boards to new lay the floor of the Room the Work-men found it the Author who ever he was saith he was an Eye and Ear-Witness to the whole Transaction and averrs his account in the Matters of Fact to be just and Faithfull And therefore Mr. Rushworth having not done intire right to the Memory of that Great Man wholly omitting the further proceedings till the summing up the Evidence by my Lord and the Replies upon it together with many Remarkable Circumstances conducing to the better understanding of the Management of that affair I thought my self obliged out of the Justice that is due to truth to supply those Omissions from the Relation of the said Manuscript and the concurrent Testimonies of the Journals and other Papers written and printed at that time upon this Occasion Upon Thursday the Committee of Managers having declared Thursday April 8. that for some private Reasons they would wave the Debate of the 28th Article Sir Walter Earle offered some observations upon the 22d Article and desired to be heard by their Lordships conceiving they would do much to strengthen the Evidence whereby they had endeavoured to prove that the Earl of Strafford had real designs of Landing the Irish Army in England in Order to prove what was charged upon him to the subduing of this Kingdom Though as my Author sayes had Sir Walter consulted his own Reputation which by so weak a Charge suffered more then the Earl's against whom it was intended he might with more advantage both to himself and the cause he managed have better spared his endeavours His Reasons were these First that it appears by the Earl's Commission and Instructions that he had power to Land his Army either in Wales or in any part of England or Scotland according to his Discretion and from thence he inferred that this Clause was wholly superfluous unless there had been some such Purpose or Design intended Secondly That two dayes before the Date of the said Commission Letters were dispatched to the Earl's of Bridgwater and Pembroke from Sir Francis Windebank Secretary of State to assist my Lord of Worcester in Levying Forces for the King's Service and these might well be supposed to have been intended to joyn with the Irish Army upon their Landing Thirdly That my Lord Ranulagh at the raising of the Irish Army had expressed some fears of such a design and Intention for the imploying of that Army Fourthly That the Town of Ayre in Scotland where the Lord Strafford pretended to Land the Irish Forces was fortified with Bullwarks a Garrison and a Block-House which would prohibit his landing there and that the Barr or entrance into the Haven was very dangerous and shallow That the Earl of Argyle 's bounds were a great way distant and divided from thence by the Sea The only proof of this was the reading of the Commission granted to the Earl of Strafford To this the Earl replied That his Commission was the same verbatim The Earl's Defence with my Lord of Northumberland 's for England that it was drawn up by the Council-Board here and sent over to him so that it could be no worse design in him then in the Earl of Northumberland Lord General of the English Army nor any larger Power given him by it then to my Lord General That as to the Letters to the Earl's of Pembroke and Bridgwater this was the first time that he ever heard of such Letters nor did they concern him more then any other Member of the House and for my Lord Ranulagh he was not bound to purge him of all his fears that he had his own fears too which God forbid should be evidence of Treason against any person whatsoever That it seemed the Gentleman had better information from the Kingdom of Scotland than himself yet he would be confident to say there was never such a thing as a Block-House nor then any Garrison at Aire but to remove all Scruples for indeed the Road or Landing place is not there safe he declared that it was his Intention to have Landed some Miles above Aire and to have made himself Master of the Town and then to have made it a Magazine and for the Earl of Argyle 's Bounds he hoped the Gentlemen knew that they were not to come on foot out of Ireland but had Ships to waft and transport themselves and that one of the Earl of Argyle 's prime Houses at Rosneth was within some few Miles of the same Frith The Lord Digby seeing Sir Walter Earle on ground did handsomly bring him off and told the Lords That all their proofs for that Article were not yet ready and that this was only a Superfaetation of the Charge and that in such a matter of Treason they must sometimes content themselves to make use of dark Probabilities Mr. Glyn then moved That the Earl might resume his Defences and summ up the Charge that so the Process might be closed as to matter of Fact To which the Earl replyed That in his Circumstances all slackness was speed enough that the matter touched him narrowly in no less then his Life and Estate and which he valued much above them his Honour and Posterity and he confessed he had no desire to ride Post in an Affair of that Nature and Consequence to him and that he did verily believe that the Gentlemen at the Bar if they were in his Case would think all the time they could obtain little enough except their greater Abilities and abler Judgments could sooner dispatch the matter then he found himself able to do and therefore he humbly applyed himself to their Lordships that the Remainder of that day might be granted him to recover his wasted strength and recollect his Thoughts and Spirits and that to morrow he would make his last Reply for himself This was opposed by the Committee as very prejudicial Expensive of time and that it was only to spin out unnecessary Delayes but after above an Hours debate the Lords thought it convenient to grant his Lordship that Liberty and it was Ordered he should appear the next Day Upon Friday morning about 8 of the Clock the Lieutenant of the Tower Friday April 9. and
now he had his Sword in his hand Sir Robert King proves it so My Lord Ranalagh discovered the smoke of the fire that he had just cause to suspect and on good grounds I am sure and if the Commons of England had not just cause to suspect him as I believe he is convinced they had good cause what is the reason this suspition should be entertained at that time my Lord of Strafford being not then questioned for it and yet my Lord Ranalagh should say Shall we turn our Swords upon our own bowels Shall we bring this Army to turn the points of our blades upon that Nation from whence we were all derived and that was before any conference with Mr. Secretary Vane Sir William Pennyman himself his own Witness and Friend says at York before my Lord of Strafford was questioned that there was a common fame of bringing the Army into England and there is something in that surely and after all this to produce one Witness that expresly proves the very words spoken in terminis as they be charged if your Lordships put the whole together see whether there be not more than one Witness And under favour my Lord Cottington if you call to mind his Testimony I must justify he did declare That he heard my Lord of Strafford tell the King That some reparation was to be made to the Subjects Property which must infer he had advised an Invasion upon the Property else by no good coherence should a reparation be made And that he testifies this I must affirm and most here will affirm it and I think your Lordships well remember it and that is an addition to it for if your Lordships cast your eye upon the Interrogatory administred to my Lord Admiral and my Lord Cottington that very question is asked so that his own Conscience told him he had advised something to invade upon the People when he advised to a restitution after things should be setled and so I refer it to your Lordships consideration whether here be not more than one witness by far It is true he makes Objections to lessen this testimony First That this Army was to be landed at Ayre in Scotland and not here and this was declared to Sir Thomas Lucas Mr. Slingsby Sir William Pennyman and others Secondly That others that were present when the words are supposed to be spoken did not hear any such words For the first Perhaps the Army might be originally intended for Scotland and yet this is no contradiction but he might intend it afterwards for England surely this is no Logick that because it was intended for one place it could never be intended for another place so his allegation may be true and the charge stand true likewise Beside that it was intended originally for Scotland what proof makes he He told several persons of the design but I will be tryed by himself he told some it was for Scotland he told others it was for England and why you should believe his telling on one side more than on the other side I know not though he pretends a reason of his several allegations that the world should not know his design but if you will not believe him one way why should-he be believed the other way and if not the other way why the first way For the Second Several persons were present when the words were spoken touching the Irish Army and they were examined and remember not the words but one man may hear though twenty do not hear and this is no contradiction at all for those persons whom he examined the Lord Treasurer Marquis Hamilton my Lord Cottington did not hear the words that are proved by two Witnesses concerning the Kings being loose and absolved from Rules of Government and if they did not hear those words no marvel they did not hear the other and therefore that which he himself pretends to be a convincing testimony is nothing at all so that his objections are clearly taken away and the single testimony fortified with testimonies that make above one witness and so the words are fully proved But to fortify the whole I shall handle all these Articles together This design to subvert the Law and to exercise an Arbitrary Power above the Law in this Kingdom will upon the proofs putting them all together and not taking them in pieces as my Lord of Strafford hath done appear to have been harboured in his thoughts and setled in his heart long before it was executed You see what his Counsels were That the King having tryed the affections of his People was loose and absolved from all Rules of Government and might do every thing that power would admit and His Majesty had tryed all ways and was refused and should be acquitted of God and Man and had an Army in Ireland wherewith if he pleased he might reduce this Kingdom so there must be a trial of his People for Supply that is denyed which must be interpreted a Defection by refusal and this refusal must give advantage of necessity and this necessity must be an advantage to use his Prerogative against the Rule of the Law and consent of the People this is his advice which shews that this very thing that happened did harbour in his thoughts long before the breach of the Parliament and the occasion of the Army Your Lordships have heard it confessed by himself That before this last advice he had advised the calling of a Parliament To the Parliament a proposition of Twelve Subsidies was made for supply and which may be spoken with great assurance before they had consulted or given any resolution to that proposition the Parliament was dissolved upon a Supposal that the Supply was denied Now that this was pre-designed by my Lord of Strafford himself I beseech you observe these things following that is The words in the Two and Twentieth Article That His Majesty was first to try the Parliament and if that did not supply him then he would serve the King any other way His words are proved by Mr. Treasurer That if the Parliament supplyed him not he would serve him any other way and this is before the Parliament set now if your Lordships hear the proofs of my Lord Primate which my Lord of Strafford slights taking it singly my Lord Primate before the Parliament was called when my Lord of Strafford was in Ireland and not yet come into this Kingdom testifies my Lords saying That if the Parliament will not supply His Majesty the King was acquitted before God and Man if he took some other course to supply himself though against the will of the Subjects I beseech your Lordships observe how he prophesies these things must come to pass and advised them accordingly My Lord Conway testifies that before the Parliament sate my Lord of Strafford said that if the Parliament would not supply His Majesty the King was acquitted before God and Man if he took another course to supply himself though it were
might be determined according to Law and not by himself at his Will and Pleasure upon Paper-Petitions Thirdly Upon like occasion of Pressing the Laws and Statutes that he would make an Act of Council-Board in that Kingdom as Binding as an Act of Parliament Fourthly He made his Words good by his Actions Assumed and Exercised a Boundless and Lawless Jurisdiction over the Lives Persons and Estates of His Majesties Subjects procured Judgment of Death against a Peer of that Realm Commanded another to be Hanged this was accordingly Executed both in times of High Peace without any Process or Colour of Law Fifthly By Force of a long time he Seized the Yarn and Flax of the Subjects to the Starving and undoing of many thousands besides the Tobacco business and many Monopolies and Unlawful Taxes forced a New Oath not to dispute His Majesties Royal Commands determined Mens Estates at his own Will and Pleasure upon Paper-Petitions to himself forced Obedience to these not only by Fines and Imprisonment but likewise by the Army sessed Soldiers upon the Refusers in an Hostile manner Sixthly Was an Incendiary of the War between the two Kingdoms of England and Scotland My Lords We shall leave it to your Lordships Judgments whether these words Counsels and Actions would not have been a sufficient Evidence to have Proved an Indictment drawn up against him as those before mentioned and many others are That they were spoken and done to the Intent to draw the King's heart from the People and the Affections of the People from the King that they might leave the King and afterwards rise up against him to the destruction of the King if so here is a Compassing of the King's Death within the Words of the Statute of 25th year of Edward the Third and that Warranted by many former Judgments My Lords I have now done with the Three Treasons within the Statute of the Twenty fifth of Edward the 3d. I proceed unto the 4th upon the Statute of the Eighteenth year of Henry the 6th Chapter the third in Ireland and I shall make bold to read the words to your Lordships That no Lord nor any other of what condition soever he be shall bring or lead Hoblers Kernes or Hooded Men nor any other People nor Horses to lye 〈◊〉 Horseback or on Foot upon the King's Subjects without their good wills and consent but upon their own Costs and without hurt doing to the Commons and if any so do he shall be adjudged as a Traytor 1. The Argument that hath been made concerning the Person that it extends not to the King and therefore not to him weighs nothing with your Lordships Rex non habet in Regno parem from the greatness of his Office to argue himself into the same inpossibility with His Sacred Majesty of being incapable of High-Treason it 's an Offence no Treason The words in the Statute No Lord nor any other of what condition soever he be include every Subject In Trinity Term in the Three and thirtieth year of Henry the Eighth in the King's-Bench Leonard Lord Gray having immediately before been Lord-Deputy of Ireland is Attainted of High-Treason and Judgment given against him for letting diverse Rebels out of the Castle of Dublin and discharging Irish Hostages and Pledges that had been given for securing the Peace for not punishing one that said That the King was an Heretick I have read the whole Record there 's not one thing laid to his Charge but was done by him as Lord Lieutenant He had the same Plea with my Lord of Strafford That these things were no adhering to the King's Enemies but were done for Reasons of State that he was not within those words of the Statute of the 25 of Edw. 3. himself being Lord-Lieutenant there Object It hath been said That the Soldiers sessed upon the Subjects by him were not such persons as are intended by that Statute Hoblers Kernes and Hooded Men those Rascally people Answ My Lords they were the names given to the Soldiery of those times Hoblers Horsemen the other the Foot But the words of the Statute go further Nor any other People neither Horse nor Foot His Lordship sessed upon them both Horse and Foot Object The Statute extends only to those that lead or bring Savil led them my Lord only gave the Warrant Answ To this I shall only say thus Plus peccat author quam Actor by the rule of the Law Agentes consentientes pari plectuntur poena if consent much more a Command to do it makes the Commander a Traytor If there be any Treason within this Statute my Lord of Strafford is Guilty It hath been therefore said That this Statute like Goliah's Sword hath been wrapt up in a Cloath and laid behind the door that it hath never been put in Execution My Lords if the Clerk of the Crown in Ireland hath certified your Lordships upon search of the Judgments of Attainders in Ireland he could not find that any man had been attainted upon this Statute your Lordships had had some ground to believe it Yet it 's only my Lord of Strafford's Affirmation besides your Lordships know that an Act of Parliament binds until it be repealed It hath been therefore said That this Statute is repealed by the Statute of the 8 Ed. 4. Cap. 1. and of the 10th of Hen. 7. Cap. 22. because by these two Statutes the English Statutes are brought into Ireland The Argument if I mistook it not stood thus That the Statute of the First of Henry the 4th the 10th Chap. saith That in no time to come Treason shall be adjudged otherwise then it was ordained by the Statute of the 25 E. 3. that the reason mentioned in the Eighteenth year of Henry the Sixth in the Irish Statute is not contained in the 25 Edw. 3. and therefore contrary to the Statute of the 1 Hen. 4. it must needs be void If this were Law then all the Statutes that made any new Treason after the First of Henry the 4th were void in the very Fabrick and at the time when they were made hence likewise it would follow that the Parliament now upon what occasion soever have no Power to make any thing Treason not declared to be so in the Statute 25 Edw. 3. This your Lordships easily see would make much for the Lord of Strafford's advantage but why the Law should be so your Lordships have only as yet heard an Affirmation of it no reason But some touch was given that the Statute of the Tenth year of Henry the Seventh in words makes all the Irish Statutes void which are contrary to the English The Answer to this is a denial that there are any such words in the Statute The Statute declares that the English Statutes shall be effectual and confirmed in Ireland and that all the Statutes made before-time to the contrary shall be revoked This repeals only the Irish Statutes of the Tenth year of Henry the Fourth and the Nine and twentieth
Captainship make any demand of the people of any Exaction nor as a Captain assemble the people of the Shire-Grounds nor as a Captain shall lead those people to do any acts Offensive or Invasive without Warrant under the Great-Seal of England or of the Lord-Deputy Deputy upon penalty that if he do any thing contrary to that Act that then the Offender shall forfeit a Hundred pounds My Lords the Rebels had been out the Courts of Justice scarce sate for defence of the Country divers usurped the place of Captains concluded of War against the Rebels and invaded them without Warrant Invading the Rebels without Authority is a crime This appears further by particular clauses in the Statute none shall exercise any Captainship within the Shire-grounds nor assemble the men of the Shire-grounds to conclude War or lead them to any Invasion That that had anciently been so continued to this time that is the Irish and the English Pale they within the Shire-grounds were within the English Pale and ad fidem legem Angliae The Irish without the Pale were enemies always either in open act of Hostility or upon Leagues and Hostages given for securing the Peace and therefore as here in England we had our Marches upon the frontiers in Scotland and Wales so were there Marches between the Irish and English Pale where the Inhabitants held their Lands by this tenure to defend the Country against the Irish as appears in the close Roll of the Tower in the 20th year of Edw. 3. membrana 15. on the backside and in an Irish Parliament held the 42 year of Edw. 3. it 's declared That the English Pale was almost destroyed by the Irish enemies and that there was no way to prevent the danger but only that the Owners reside upon their Lands for defence and that absence should be a forfeiture This Act of Parliament in a great Council here was affirmed as appears in the close Roll the 22 year of Edw. 3. Membrana 20 dorso Afterwards as appears in the Statute of 28 Hen. 6th in Ireland this Hostility continued between the English Marches and the Irish Enemies who by reason there was no difference between the English Marches and them in their Apparel did daily not being known to the English destroy the English within the Pale Therefore it is enacted that every English-man shall have the hair of his upper Lip for distinction sake This hostility continued until the 10th year of Henry the 7th as appears by the Statute of 10 H. 7th and 17th so successively downwards till the making of this very Statute of 11 Eliz. as appears fully in the 9th Chap. Nay immediately before and at the time of the making of this Statute there was not only enmity between those of the Shire-ground that is the English and Irish Pale but open War and acts of Hostility as appears by History of no less Authority than that Statute it self for in the first Chapter of that Statute is the Attainder of Shane Oneale who had made open War was slain in open War it 's there declared That he had gotten by force all the North of Ireland for an hundred and twenty miles in length and about a hundred in breadth that he had mastered divers places within the English Pale when the flame of this War by his death immediately before this Statute was spent yet the Firebrands were not all quenched for the Rebellion continued by John Fitz-Gerard called the White Knight and Thomas Gueverford this appears by the Statute of the Thirteenth year of Queen Eliz. in Ireland but two years after this of the Eleventh year of Queen Eliz. where they are attainted of High-Treason for Levying of War this Eleventh year wherein this Statute was made So that my Lords immediately before and at the time of the making of this Statute there being War between those of the Shire-Grounds mentioned in this Statute and the Irish the concluding of War and Acts Offensive and Invasive there mentioned can be intended against no others but the Irish Enemies Again The words of the Statute are No Captain shall assemble the people of the Shire-grounds to conclude of Peace or War Is to presume that those of the Shire-grounds will conclude of War against themselves Nor with the Statute Shall carry those of the Shire-grounds to do any Acts Invasive by the construction which is made on the other side they must be carried to fight against themselves Lastly The words are That as a Captain none shall assume the Name or Authority of a Captain or as a Captain shall gather the people together or as a Captain lead them the offence is not in the matter but in the manner If the Acts offensive were against the Kings good Subjects those that were under Command were punishable as well as the Commanders but in respect the Soldiers knew the service to be good in it self being against the enemies and that it was not for them to dispute the Authority of their Commanders the penalty of 100 l. is laid only upon him That as Captain shall assume this Power without Warrant the People commanded are not within this Statute My Lords The Logick whereupon this Argument is framed stands thus because the Statute of the Eleventh year of Queen Elizabeth inflicts a penalty of 100 l. and no more upon any man that as a Captain without Warrant and upon his own head shall conclude of or make War against the King's Enemies Therefore the Statute of the 18th year of Henry the 6th is repealed which makes it Treason to lay Soldiers upon or to levy War against the Kings good People But My Lords Observation hath been made upon other words of this Statute that is that without Licence of the Deputy these things cannot be done this shews that the Deputy is within none of the Statutes My Lords This Argument stands upon the same reason with the former because he hath the ordering of the Army of Ireland for the defence of the people and may give Warrant to the Officers of the Army upon eminent occasions of Invasion to resist or prosecute the Enemy because of the danger that else might ensue forthwith by staying for a Warrant from His Majesty out of England My Lords The Statute of the 10th year of Henry the 7th Chap. 17. touched upon for this purpose clears the business in both points for there is declared That noâ—e ought to make War upon the Irish Rebels and Enemies without Warrant from the Lieutenant the forfeiture 100 l. as here the Statute is the same with this and might as well have been cited for repealing the Statute of the 18th year of Henry the 6th as this of the 11th year of Queen Elizabeth But if this had been insisted upon it would have expounded the other two clear against him Object My Lords It hath been further said although the Statute be in force and there be a Treason within it yet the Parliament hath no Jurisdiction the
Necessity therefore to be used being lawful L. L. Ireland Commission of Array to be put in Execution They are to bring them to the Borders In reason of State you have power when they are there to use them at the King's Pay if any of the Lords can shew a better let them do it Town full of Nobility who will talk of it Obser he will make them smart for it Thus did Ambition and private Revenge disguise themselves under the popular pretence of publique Justice and tenderness for the safety of the Common-wealth The truth is Power and Greatness do always render the Great Ministers of State Criminals to Malice and Envy and of this I will give two remarkable Instances out of the above mentioned Memoirs of the Earl of Manchester When saith he The reason why the Marquess Hamilton and the Lord Cottington escaped the fury of the Faction strickt Scrutiny was made into the Councils and Actions of those who were in greatest Power and Credit with the King divers of the Privy-Council most of the Judges came under the Debate of a Capital or Criminal Impeachment and the very Order of Episcopacy with all its Hierarchy incurred the Odium of Superstitious Pride and Oppression But they who were looked upon as the principal Instruments of those Mischiefs which threatned the Ruine of the Three Kingdoms of England Scotland and Ireland were the Archbishop of Canterbury the Earl of Strafford the Marquiss Hamilton and the Lord Cottington these were of the Juncto where all things of consequence and privacy had been consulted and resolved and these were designed first to be questioned But the Marquiss Hamilton seeing a dark Cloud gathering over his head thought it necessary to seek a timely Shelter and upon consultation with his Friends about the most probable way for preventing of the Clamour of the Commons which might prove a fatal Vote against him he was advised to improve his Interest in the Commissioners of Scotland for he had personally obliged some of them and the rest could not but acknowledge that he had Expressed a great care of his Nations happiness in all those imployments wherein he had been trusted by his Majesty for though he often shewed a great Aversion and activeness against them in their Cause and Quarrel yet in all their Extremities they found him a Friend intending their good He therefore pressed them to intercede for him which they did with earnest solicitations They likewise gave such Engagements for his future Compliance with the Parliaments Designs as he was not only Exempt from all fear of Accusation but he became a Confident in all their private Designs against others and employed his Credit with the King for the obtaining many and great concessions The Lord Cottington could not hope for so powerful an intercession neither durst he rely on his Innocency as Parliament-proof therefore he had recourse to that prudent if not subtle way by stripping himself of his Skin to save his life He knew the Mastership of the Wards was a place of that value and power as probably it might stop the Mouths of his greedy Enemies or else open the hearts of some towards him in a way of Protection and Friendship He therefore declared to the King his condition and propounded the making the Lord Viscount Say and Seal to be his Successor This proved a very successful policy for as soon as this was made known to those who were concerned in their hopes of his place all Criminal Aspersions were laid aside and he gained the advantage of a retired and quiet being Thus far the said Earl in his Memoirs who was no Stranger to the most private transactions of those persons and times The Fall of this lofty Cedar gave not only a general consternation to all the Kings Friends but the greatest encouragement imaginable to the whole Faction who could not dissemble their satisfaction at their having gained so important a point but that it boyled over at the Mouths of the less cautious and more warm of the Party insomuch that I have heard one who was inwardly acquainted among them affirm that one of them as I think Mr. Pym was heard to boast of their success in words to this effect Have we saith he speaking of the Kings passing the Bill of Attainder against the Earl of Strafford got him to part with Strafford then he can deny us nothing And certainly nothing could be of greater disadvantage to his Majesties Affairs then this sacrificing a Great Court Favourite to their Wills rather then to Law or Justice For the whole Nation knew how dear this Great Man was to his Master and the great struglings which the King made if possible to save him and the reluctancy with which he seemed to resign him rather to necessity then reason as it made the victory appear greater so it taught all others of the Kings Friends the greatness of their danger and the impossibility of stemming so strong a Torrent as had wrackt so brave a person as the Earl of Strafford Nor did they think it any disparagement when they saw the King himself stoop to such compliances for them also to bend their Necks And doubtless as nothing can more encourage the Servants and Ministers of any Prince in circumstances and difficulties of this nature than the courage and resolution of the Prince himself so nothing can depress their Spirits comparably to the fear of seeing themselves deserted and left to the Fury and Rage of their Enemies for adhering faithfully to and vigorously prosecuting the Interests of their Master And had his Majesty made use of his Royal Prerogative and refused to Pass the Fatal Bill it could not have happened worse to him then afterwards it did but it might have proved better because they were not then in a condition to Levy a Formal War against him as afterwards they did his Majesty having a very good Army in the North to have Opposed them and had the Earl saved his a Noble and Valiant General to have been at the head of them But to return to the Parliamentary Affairs the Tumults were grown so insolent that his Majesty being sensible of the danger of them sent a Message to the Lords about them Upon which the Lords desired a Conference with the Commons the heads of which the Lord Privy-Seal delivered as follows THat he was commanded from the King to declare to both Houses at a Conference Conference about the Tumults that the People do assemble in such unusual numbers that his Majesty fears the Council and the Peace of the Kingdom may be interrupted and therefore as a King that loves Peace takes care that all Proceedings in the Parliament may be in a fair temperate and peaceable manner It being now time of Parliament his Majesty will not of himself prescribe the way but expects that both Houses upon mutual Conference will advise such a course which may best preserve the quietness of the Kingdom That their
Sir John Culpeper Message about the payment of the Scots the arrear of the Brotherly Assistance to acquaint their Lordships with Three Votes made in their House concerning the Scots Two Voted the 19th of this Instant June and the other made this Day and desired their Lordships to take them into Consideration and Confirm them The Votes were these Resolved That one Moiety of the Brotherly Assistance that is in Arrear shall be paid at Midsummer come 12 Month and the other Moiety at Midsummer come 2 Years Resolved c. That an Act of Parliament of Publique Faith shall pass for Security to be given for the Brotherly Assistance that is in Arrear Die Veneris 25. Junii 1641. Resolved c. That the House of Commons doth declare That the Sums of Money Arrear for the Brotherly Assistance to be comprised in the Act of Parliament is 220000 l. Then it was Resolved upon the Question by the Major part of the Lords That this House doth approve of these Votes of the House of Commons Memorand That this Vote doth not Engage this House in any Moneys but to strengthen the Votes of the House of Commons thereby to prepare an Act of Parliament for the Publique Faith An Officer being sent with a Warrant to apprehend Father Phillips and Waiting for him at Whitehall Complaint was made to the King about it And the Lord Chamberlain by the King's Command sent for the Officer to Examine him by what Authority he came into the Verge of the Court to attach any person who shewing him his Warrant desired he would trust him with it to shew it to the King Which the Officer did and the Lord Chamberlain soon after returning gave this Answer That his Majesty would Satisfie the House about it if Phillips did not appear Thus did these men who made such Outcries against the least infringement of their Priviledges make no scruple to invade the Undoubted Priviledge of his Majesty and his Royal Court. However Phillips did appear in the Afternoon before the Committee where he was Examined about this Ensuing Letter as I find it in the Book of Speeches Copy of Father Phillips his Letter to Mr. Mountague in France THe good King and Queen are left very naked the Puritans if they durst would pull the good Queen in pieces Can the good King of France suffer a Daughter of France his Sister and her Children to be thus affronted Can the Wise Cardinal endure England and Scotland to unite and not be able to discern in the end it is like they will joyn together and turn head against France A stirring active Ambassador might do good Service here I have sent you a Copy of the King's Speech on Saturday last at which time he discharged his conscience and was advised to make that Speech by the Earl of Bristol and the Lord Sey but I believe there is a mistake in the Writing and that it should have been the Lord Savyll This Speech did much operate to the disadvantage of the Earl of Strafford for the Commons were much thereby incensed and inflamed against him and this brought forth the next day being Monday a Protestation which was taken in both Houses of Parliament of the same nature but rather worse then the Scottish Covenant The Londoners who were very boysterous came upon Munday 5 or 6000 and were so rude that they would not suffer the Lords to come and go quietly and peaceably to their Houses but threatned them that if they had not Justice and if they not his Life it should go hard for all those that stood for him following them up and down and calling for Justice Justice Justice There was in the House of Commons fifty six that denyed to pass the Earl of Strafford 's Bill their Names were taken and they were fixed upon Posts in divers parts of London and there was Written over the Head These are Straffordians the betrayers of their Country By this means it came to pass that the Lords and Judges were much affrighted and the most of his Friends in the Lords House forsook him all the Popish Lords did absent themselves the Lord of Holland and Hartford were absent so was Bristoll and others Savyll and the Duke only stuck close and faithfully to him and some few other Lords God knows the King is much dejected The Lords much affrighted which makes the Citizens and House of Commons shew their Heads some have braved little less then to unthrone His Majesty who if he had but an ordinary Spirit might easily quash and suppress these People Our good Queen is much afflicted and in my Conscience the Puritans if they durst would tear her in pieces this cannot be for the Honour of France to endure a Daughter of that Nation and her Children should be thus oppressed and affronted The Earl of Holland is made General of the Army whither he is gone down The Earl of Newport Master of the Ordnance Belfoard the Lientenant of the Tower hath proved an errand Traytor to the King who commanded him upon his Allegiance to receive a Captain and 1000 men into the Tower which he most Traiterously refused to do one clause is omitted which should have been placed in the middle of the Letter which was to this effect that there was a report in London That the Parliament House was on fire whereupon there were more then 1000 People very suddenly gathered together whereby you may easily perceive the hight and violence of the Peoples affections May 6. Anno Dom. 1641. This Letter was thought to be sent from a Priest calling himself Father Phillips to Mr. Montague There was another Letter and that was sent from one Robert Philips one of the Queens Priests and it is supposed to be to Master Montague to this effect You may expect some company with you ere long Crofts Suckling Piercy Jermyn are gone all things here are in great incertainties Protestation is made and taken by both Houses much like but much worse then the Scottish Covenant I sent you some money by Master Jermyn but now that he is gone I make some doubt whether he might be mindful of you to take it with him I have spoke to the Queen about your occasions and will do what I can though I am not able to undertake much Your Loving Friend Francis Philips There is one Passage in this Letter which makes me apt to suspect it to be a Forgery of some of the Party and that is in the 5th Paragraph where speaking of the Earl of Strafford he saith That most of his Friends in the Lords House forsook him all the POPISH Lords did absent themselves For certainly no Roman Priest would call them Popish but Catholique Lords which is their constant Dialect when they speak of those of their own Sect and a peculiar Honour they arrogate to themselves whereas they disdain the word Popish as generally bestowed upon them in Distinction and Contempt by the Protestants Let it be
time the Bill intituled An Act for the speedy Provision of Mony for disbanding the Armies Poll Bill passed the Lords House and setling the Peace of the two Kingdoms of England and Scotland and it was put to the Question and contented to pass as a Law Memorandum That this House will take into Consideration hereafter how the Bishops may be relieved concerning the Payment of their double Tenths if they shall see Cause so to do A Message was sent to the House of Commons to desire a present Conference by a Committee of both Houses touching Honour Conference to be with the Commons about the Kings bestowing Honours The subject of the Conference to be That both Houses may Petition his Majesty that Titles of Honour may not be bought and sold for Mony but that it may be confer'd by his Majesty as anciently it was for Vertue and Merit and also to consult with the House of Commons about a Bill for preventing of this hereafter and the Bill to begin from the first day of this Parliament The Bills for Regulating of the Council-Board and taking away of the Star-Chamber and the Bill concerning the High-Commission Court being read a third time and upon the Question were resolved by the major part to pass as Laws and were sent down to the House of Commons A Message was sent to the Commons to let them know that the Lords had sent some of their House to inform his Majesty that the Bills were ready for his Assent Mr. Crew and Mr. Littleton ordered to repair to the Lord Keeper Saturday July 3. Message from the Commons to the Lord Keeper that the Judges may not Travel on the Lords Day and to desire him from this House to desire the Judges in their several Circuits so to dispose of their Journeys that they may not Travel upon the Lords-Day for the ill example that is given to the Countrey thereby A Message was sent from the Lords to certifie the Commons that his Majesty who intended to be at the House in the morning had put it off till the afternoon at which time he would pass the Poll-Bill and take time to consider of the other till Tuesday But at this the Commons were displeased and Voted that they should all pass together and Mr. Arthur Goodwin was appointed to go up to the Lords to acquaint their Lordships that the passing of the other two Bills will Expedite the Mony Bill and to desire them to move his Majesty to do it with all convenient Expedition and that they will move his Majesty in it which they did who return'd this Answer That he would in his own person give his answer to their desires In the Afternoon his Majesty coming to the House of Lords the Commons were sent for by the Gentleman-Usher of the Black-Rod when the Bills were presented for the Royal Assent Mr. Speaker entertained his Majesty with this following Speech May it please your Most Sacred Majesty THe Government of this Common-Wealth rests in the Rules of Order Mr. Speakers Speech at the passing the Bill for Poll-Money July 3. 1641. and hath so much affinity and consent with the Rules of Nature in the Government of the World That the first Copy and mutation of the one may seem to be taken from the Original and first Model of the other This contemplation Most excellent and gracious Soveraign casts our Eyes upon your Sacred Majesty as that Celestial Orbe which never resting without the Office of perpetual motion to cherish the lower Bodies not enriching it self with any Treasures drawn from below exhales in vapours from the inferior Elements what in due Season it returns in showers The application makes us consider our selves those sublunary Creatures which having their Essence and Being from the influence of those Beams as the Flowers of the Field open to receive the Glory of the Sun In this Relation both contribute to the Common good your Sacred Majesty as a Nursing Father designed to bestow on your People the Blessing of Peace and Unity and we as the Children of Obedience return our duties and affections in Aids and Tributes And this compacted in one Body by the ligaments of Religion and Laws hath been the object of admiration to the whole World Amidst the distraction of Forreign Nations we only have sate under the shadow of our Vines and drank the Wines of our own Vintage But your crafty adversaries perceiving that the fervent profession of our own Religion and the firm observation of our Laws have been the Pillars of our prosperity by subtle insinuation pretending a politick necessity to admit of a Moderation in our Religion to comply with Forreign Princes and suggesting it a Principle in the Rules of Soveraignty to require and take not ask and have that it must postulare by power not petere by Laws and keep these miseries of War and Calamity between Nation and Nation and put us in the posture of gaze to the whole World But when we behold your Sacred Majesty descended from the Royal Loyns of that glorious King which by his Wisdom and Policy first ingrafted the White-Rose and the Red upon the same stock and sheathed the Sword that had pierced the Bowels of so much Nobility glutted with the Blood of People and then laid the first hopes of the happy Union between the Nations When our thoughts refresh themselves with that happy memory of that Religious King your Gracious Father on whose Sacred Temples both Diadems were placed wreathed about with this Motto faciam eos in gentem unam we cannot but believe that God and Nature by a lineal Succession from those Fathers of Peace hath ordained you that Lapis Angularis upon which the whole Frame settles and put into the hands of your Sacred Majesty the possibility and power to firm and stablish this happy Union between your Kingdoms and so raise your memory a Statue of Glory and Wisdom from Generation to Generation In all this length of time the assurance of this Union and Peace hath been the chief object of our desires Our Purses have been as open as our Hearts both contributing to this great Work manifested by so many Subsidies already presented sufficient in our first hopes for the full perfection But finding that fail have again adventured upon your Peoples Property and in an old and absolute way new burnisht by the hand of instant necessity expressed to the World the Hearts of a Loyal People and howsoever gilded with a new name of Tranquility and Peace to your Kingdoms that with more ease the People may disgest the bitterness of this Pill yet still our Hearts had the same aim and object A Gift suitable to the necessity of so vast Expences that time cannot parallel it by any example And by which if your Sacred Majesty vouchsafe your Royal assent which we Humbly pray we shall not doubt you may soon accomplish those happy effects that may present your Wisdom the object of
three went immediately to the Lord Mandevilles Lodging where being set together the Lord Lowdon begun with very severe Expostulations charging the Earls of Bedford Essex and Warwick the Lord Viscount Say and Seal the Lord Brook Savile and himself with the highest breach of their Promises and Engagements professing that they had never invaded England but upon confidence of their keeping Faith with them according to those Articles which they had Signed and sent unto them When this Narrative was made by the Lord Lowdon and confirmed by Sir Archibald Johnston the Lord Mandeville stood amazed and protested with clear and solemn Asseverations that he was a Stranger and altogether ignorant of any such Designs Articles or Ingagement and he was very confident that he might affirm the like in the behalf of the rest of those Lords whom they thus charged with breach of Promise but this Denial was no way Satisfactory unto them but was taken as a disingenuous Denial and the Lord Lowdon urged it as an Act of great Ingratitude towards them that had hazzarded all that was dear unto them upon the pressing Perswasions and solemn Ingagements of those Lords and they told the Lord Mandeville that the Lord Saville had first treated with the Lord Lowdon when he was Prisoner in the Tower in the Names of a considerable Part of the Nobility and Gentry of England and that after he was released and had been some few Weeks in Scotland the Lord Saville sent the Articles of Agreement subscribed by those Lords into Scotland by Mr. Henry Darley and they did not doubt but the Lord Saville would avow all this to be true The Lord Mandeville willingly accepted of the Lord Savilles Testimony of the Truth of their Assertions and desired they might meet the next day with the Lord Saville but that in the Interim he might not know what had now passed between them which they promised and the next day they all met and when the Lord Lowdon had made his Narrative and urged his former Charge he in the presence of the Lord Mandeville with a surprized Countenance and other Expressions of Guilt confessed the Truth acknowledging that he had never acquainted any of those Lords with the least particular of the Design or of the Articles of Engagement and that he had counterfeited their Hands in subscribing their Names to the Declaration and Engagement which was sent into Scotland some Apologies he did offer as that he found the backwardness of the Covenanters to be such that they would not hazard a coming into England until they had a full Engagement from Persons of greater Interest in England then himself He began to consider what Persons of Honor were in greatest Esteem with the Covenanters and his Thoughts were fixed on these Lords yet knowing it impossible to gain them to consort with him in so Traiterous a Design he found it necessary to act in a way of Falshood rather then lose the advantage of so hopeful a Design He further added That since by the Providence of God the Success of their Enterprize had been so far above their Expectations thô few but himself knew of the Design at first yet he did believe now that the best part of England Providence intituled to the hopeful Success of Rebellion and sure a hopeful Reformation was like to succeed such a beginning did hope to find an happy Opportunity for the Redress of the Publick Grievances of both Kingdoms by the coming of the Army into England therefore he desired them to silence all Discourses tending either to the dislike or discovery of the Treachery or Falsness of his Design and that they would Act vigorously and unanimously in Order to the Advantage of both Kingdoms This was owned by the Lord Lowdon and Sir Archibald Johnston to be a just and a full clearing of the Honor and Honesty of those Lords whose Names had been subscribed but it made in them a deep Impression of that Lords falseness Proditionem amo Proditorem odi which shewed it self at that time by some sharp Reprehensions yet in such a conjuncture of their Affairs and ours they thought it not prudent to shew so great dissatisfaction as might give the Lord Saville a total Rejection therefore they concluded their Conference with this Assurance to the Lord Mandeville that they would give a true account of the Carriage of this Business to the Committees of Parliament then residing at New-Castle that so those Lords might be righted in their Honors and Faith which had received a blemish by the boldness and Treachery of the Lord Saville The Lord Mandeville then made these Requests unto them Had the King been acquainted with it as he ought in probability it might have conduced much to the good of the Nation First that he might acquaint some of the Lords which were equally concerned with himself And that the Declaration and Engagement under their feigned Names might be delivered to them The first was granted the second was promised and after a few Daies they received the Engagement from New-Castle and did in the Presence of the Lord Mandeville cut out all the Names and burnt them but they would not deliver the Declaration and Ingagement it self And in another Place speaking of this Affair he tells us that the Scots laboured under such Difficulties and Dangers by the failing of these Supplies which they expected from their supposed Confederates as that they had in their Thoughts to Retreat with their Army near to the Borders of their own County and to cast themselves upon his Majesties Grace and Favor by an Humble Petition and Remonstrance setting forth to him and the whole World the Invitation and Agreement which was delivered to them from some Lords in the behalf as they conceived of themselves and others in England who were cordially Affected to the True reformed Protestant Religion and the Publick Rights and Liberties of the Nation Thus far he by which it is evident that though the Scots were not in reality Invited into England by those Lords who favoured their Designs yet being come they were made Welcome and the Reformers closed in with them to bring about their intended Work of Reformation This Day the Lord Capell was with the usual Solemnity Saturday August 7. The L. Capel introducted introducted into the House of Lords his Writ bearing Date August 6.17 Car. Reg. A Message was brought from the Commons about disbanding and to move His Majesty for a Proclamation for the more peaceable Effecting of it Whereupon the Two Houses Petitioned his Majesty concerning it The Kings Answer to the desire of both Houses about disbanding the Horse to which He returned this Answer His Majesty hath ever since this Parliament taken the Advice of His Parliament concerning the Army therefore he gives his Consent concerning the Disbanding of the Horse and that He hath given Order that His Attorney shall issue out such a Proclamation as is desired And His Majesty doth
recommend to the Parliament the Care of the Disbanding the Horse that the Soldiers may be repaid the Money which hath been taken from them for their Arms that so Armed Men may not disperse themselves to the disturbance of the Kingdom and that the Arms may be restored to the Magazins for the Defence of the King and Kingdom A Proclamation was accordingly issued out as follows By the King A Proclamation for the Peaceable and Quiet Passage of the Troops of Horse to be Disbanded in the North Parts WHereas His Majesty by the Advice of His Parliament His Majesties Proclamation about disbanding the Horse Aug. 8. 1641. hath given Order for the speedy Disbanding of the Troops of Horse that are or lately were part of His Majesties Army in the Northern Parts of the Kingdom His Majesty in his Princely Care of the Quiet and Safety of His Subjects doth by this His Proclamation strictly Charge and Command that none of those Troops or Souldiers after they are Disbanded do Travel together or gather or continue together above six in a Company under the Penalty of being proceeded with as Disturbers of the Publick Peace And doth hereby likewise straitly Charge and Command all Sheriffs and Iustices of Peace of the Counties thorow which they shall pass or whither they shall come that they fail not to take Care that the General peace and quiet of His Majesties Subjects be not disturbed by any of the said Troops or Souldiers And that none of the said Troops or Souldiers do stay or abide above one Night in a place unless it be in Case of Sickness or other great Necessity during the Time of their Travel Given at the Court at White-Hall the Eighth Day of August in the seventeenth Year of the Reign of Our Soveraign Lord CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. God save the KING The Lord Privy Seal Reported the Opinion of the Judges concerning the Custos Regni The Judges Opinion about a Custos Regni and the Commission to pass Bills in the King's absence 1. Concerning the Custos Regni they know not how to deliver any Opinion it being of so high a Consequence 2. Concerning the Commission they hold it good if it be fortified and backed with an Act of Parliament Whereupon it was Ordered to be communicated to the House of Commons at a Conference The ACT for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland The Act of Pacification passed the Lords House was read a third time and being put to the Question it was Resolved to pass as a Law And sent down to the Commons by Justice Forster and Justice Heath MEmorandum Thanks given to the Lord Commissioners and particularly the E. of Bristol for the Treaty Bill for taking away purveyance read the first Time This House this day gave Thanks to the Lords Commissioners for their great Pains and Care bestowed in the Treaty between Vs and the Scots and particular Thanks was given to the Earl of Bristol for his Service done to this Kingdom therein The Bill for taking away of all manner of Purveyance was read the first time The Commons then sent to desire a present Conference with the Lords about the King 's putting off his intended Journey into Scotland for 14 dayes longer At which Mr. Hollis delivered the Reasons of the Commons Desire in that particular in this manner My Lords I Am Commanded to put you in mind what hath passed upon this occasion before Reasons for the Kings deferring his Journey for 14 days at a Conference August 7. 1641. concerning the Kings Journey to Scotland That both Houses did Petition his Majesty not to begin his Journey till the Tenth of August and to acquaint the Scots Commissioners therewith who afterwards desired this House to express their Resolutions in the affirmative upon which the House of Commons passed a Resolution That then if his Majesty pleased to go they would submit unto it I am Commanded to declare unto your Lordships That the House of Commons is desirous to submit unto his Majesties good Pleasure in all things but such is the present condition of this business as it now standeth that they are enforced to present some further Considerations to your Lordships First That when they gave this Assent they were in hope both Armies would have been Disbanded by that time but though there hath been all possible means used to that end yet it could not be effected so the same Inconvenience doth still continue Secondly The Treaty cannot in so short a time be finished being returned from Scotland but three dayes since but since it is ready to be finished and Moneys are provided the Armies will be Disbanded by that time we desire his Majesty to take his Journey Thirdly The Distempers and Joalousies of the Kingdome are such that they cannot be composed by passing some Acts unless his Majesty stay the desired time Fourthly No course is yet taken for the Government of the Kingdom in his Majesties absence there being so many Weighty Things to be taken into Consideration Upon these Reasons the House of Commons have thought fit to move your Lordships to joyn with Us in a Petition to his Majesty to stay his Journey for 14 dayes longer and we make no doubt but our Brethren in Scotland will consider the Streight we are in and for our Safety condescend to our Desires And if his Majesty yield thereunto then we shall desire your Lordships to joyn with us by some express Messenger to the Parliament in Scotland for the King's stay for that time which we hope will give them Satisfaction After which Mr. Hollis reported the Conference from the Lords That the Lord Say told them They had taken into Consideration the Desires of this House and that the Lords would joyn with this House to Petition his Majesty to be pleased to stay yet 14 days if it may stand with the Ingagement he has made to that Kingdom however that he may stay till Tuesday Night 6. of the Clock which they are sure will stand with his Ingagement but they conclude nothing in this matter till they had first heard from this House This was not at all Satisfactory to the Commons who thereupon put it to the Vote it was Resolved c. That this House shall insist upon the former Desire for his Majesties stay for 14 dayes But while they were in this Debate and Messages went to and fro between the Two Houses the King came to the House of Lords and the Gentleman Usher of the Black Rod was sent to give the Commons notice of the King 's being there in order to the passing several Bills The Publique Bills were Bills passed by the King 1. An Act against divers Incroachments and Oppressions in the Stannery Court 2. An Act for securing Money to the Northern Counties c. 3. An
That they would not have done this but upon inevitable Necessity the Peace and Safety of both the Church and State being so deeply concerned which they do however declare to the End that neither any other Inferior Court or Councel or any other Persons may draw this into Example or make use of it for their Encouragement in neglecting the due observance of the Lords Day Which being read Sir Jo. Culpeper Ordered to carry up this to the Lords for their Concurrence was assented to Nullo Contradicente Ordered That Sir John Culpeper carry up this Order to the Lords and to acquaint their Lordships how it past Nullo contradicente and that if it pass so in their House to desire it may be so entred that it may appear to Posterity with what Vnanimous Consent both Houses of Parliament are solicitous for the due Observation of the Lords Day and likewise to desire of their Lordships That it may be printed as the Declaration of both Houses To which the Lords also assented Nullo contradicente Which being done it was ordered to be entred in the Journals and printed for Satisfaction to Posterity A Proposition from the French Ambassador This day the Earl of Warwick reported that the French Ambassadour was with him and desired his Lordship That he would acquaint this House That he desired leave for the Raising and Transporting of a Regiment of English Souldiers for the Service of the French King and in particular the Earl of Carnarvan 's Troop of Horse and he said if occasion requires hereafter to imploy them in the Service of the Palatinate the French King would add Ten Thousand Foot to them in that design Hereupon the House thought fit that the French Ambassadour set down his Proposition in Writing Duke of Lenox made Duke of Richmond and Introducted Monday August 9. and then present it to this House This Day the Lord James Duke of Richmond was with the Usual Solemnity Introducted his Writ bearing Date 8th Aug. 1641. Ordered That the Gracious Answer from his Majesty be entered in the Journal of the House His Majesty sent this following Message to the House That his Majesty forgot to tell the Houses yesterday one Thing That his Businesses are so well prepared in Scotland that he shall make no long stay there and intends to be back before Michaelmas A Message from his Majesty and it may be by the midst of September Concerning the Army which he is sorry is not already disbanded but upon the Word of a Prince he will do his best and hopes not without good effects for the speedy Disbanding thereof That besides the Bill for the Scots Treaty another Bill will come down from the Lords for securing the Government in his Majesties absence And his Majesties Command at this time is to signify his desire to the House that they pass both these Bills some time this Day that so his Majesty may give his Assent unto them His Majesty desires the speedy passing of this last Bill conceiving that the passing thereof may assist his Majesty in the desired disbanding of the Armies And that when his Majesty upon Saturday bid the Lords severally Farewel his Intent then was to both Houses which if they did not so understand it his Majesty now commanded to signifie it as his Intention therein A Message was brought from the House of Commons by Mr. Message from the Commons to have E. Pembroke made L. Steward and E. Salisbury L. Treasurer Hollis to let their Lordships know That they understand that the Lord Steward is to go beyond the Seas with the Queen and so is to resign his Staff The House of Commons desires their Lordships to joyn with them to move his Majesty that he may resign his Staff to the Earl of Pembroke who is a very fit Person for that Place And further he was commanded by the House of Commons to signifie That they have taken into Consideration the setling of the King's Revenue and because it will be requisite to have a Lord Treasurer that is a Person of Honor and Abilities they have Voted Nemine contradicente the Earl of Salisbury to be a very fit Person for that Place therefore the House of Commons desires that their Lordships would joyn with them to recommend him to his Majesty for that Place The Bill for the Commission from his Majesty to give the Royal Assent to certain Bills c. was passed the Lords and carried down to the Commons A Message was brought from the House of Commons by Sir Arthur Haslerig Bill for publick Faith for Brotherly Assistance passed the Lords who delivered from the House of Commons the Bill of Publick Faith for securing by publick Faith the Remainder of the friendly Assistance and Relief promised to our Brethren of Scotland which was read immediately three times successively and being put to the Question and it was Consented to pass as a Law Nemine contradicente The Bill for Regulating and better Ordering the Clerks of the Market being read a third time passed the Lords House Tuesday August 10. Clerk of the Markets Bill passed the Lords House Conference about the Commission to pass Bills in the Kings Absence A Conference having been desired by the Commons concerning the Bill to strengthen the Kings Commission for passing Acts in his Absence it was thus reported by the Lord Keeper That the House of Commons had returned the Commission and the Act to enable the Commission with some Amendments and desired that some Additions might be made both to the Commission and to the Act for the Commons conceive that they are both too Particular and not General enough which may be very prejudicial For 1 They find no President that a Parliament was ever Sitting without a General Power 2 It might be a dangerous President to accept of a Limited Commission by an Act of Parliament 3 There may happen Emergent Occasions for the Safety of the Kingdom which cannot be foreseen therefore 't is dangerous to accept of such a Limited Commission by an Act of Parliament His Majesty being come to the House The King passes Bills in the Lords House for Pacification c. and the Commons with their Speaker being come up according to the usual manner these following Bills were passed 1 An Act for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland 2 An Act for securing by Publick Faith the Remainder of the Friendly Assistance and Relief promised to our Brethren of Scotland 3 An Act for the free bringing in of Gun-Powder and Sal-Petre from Forreign Parts and for the free making of Gun-Powder in this Realm Memorandum His Majesty said he hoped that the Parliament would consider of a Bill for making of good Gun-Powder and for preserving the Sal-Petre Works for the Defence of this Kingdom and if they did not He professeth Himself to be clear of the Inconveniences which else will follow 4 An
Act for prevention of vexatious Proceedings touching the Order of Knighthood 5 An Act for the better Ordering and Regulating of the Office of the Clerk of the Market allowed and confirmed by this Statute and for the Reformation of false Weights and Measures The Private Bill was An Act for the assuring a Messuage called Duresme House aliàs Durham House and certain Stables part of the Possessions of the Bishop of Duresme situate in the Parish of St. Martins in the Fields in the County of Middlesex unto the Right Honorable Philip Earl of Pembroke and Montgomery and his Heirs and of a yearly Rent of 200 l. per Annum to the said Bishop of Duresme and his Successors in lieu thereof Then his Majesty took his leave of the Parliament telling them He hoped to give good Expedition in disbanding both Armies and that he would make what haste he could if possible to return before Michaelmas Declared and Voted by this House Nemine contradicente Declaration of the Lords abount the choice of their Speaker That the certain and undoubted Right of this House to chuse their Speaker and that the Speaker is not to depart when this House sits without the leave of this House and that this Order be added to the standing Orders of this House The Lords Commissioners reported Propositions of the Scottish Commissioners about Difficulties of their Army marching away Aug. 10. 1641. That the Scottish Commissioners desire them to represent to the King's Majesty and the Parliament That in respect of the great Rain which hath fallen in the North whereby the Cannon cannot be carried through Kynsidmire nor can the Scottish Army cross the River Tweed his Majesty may be graciously pleased with consent of the Parliament to permit the Scottish Army to March through Berwick since there is no other Passage But for all they were our dear Brethren of Scotland neither the Lords nor Commons were without Jealousy of them as appears by these following Particulars The House of Lords taking this desire into Consideration did appoint the Lords Commissioners to speak with the Scots Commissioners and propose unto them the making of a Passage for their Army over the Tweed with a Bridge which the Lord General shall have Order to make The Old Proverb is Make a Retreating Enemy a Bridge of Gold they had made the Scots a Bridge of Silver which Cost England above a Million of Money and now they were very willing to see them gone To which purpose at a Conference this Day the Commons acquainted the Lords That whereas formerly it was intimated at a Conference Report of the Conference about the Scottish Army That the Scottish Commissioners declared that their Army would draw themselves into a Camp and begin to March away out of this Kingdom within 48 Hours after they had received the Monies of Arrears at New-Castle and the 80000 l. in part of the Brotherly Assistance and had Security for the Payment of the rest the House of Commons having now paid them all their Arrears at New-Castle and 80000 l. in London and have performed all that was agreed to be performed by them they desire that the Lords Commissioners may move the Scots Commissioners in the Name of both Houses of Parliament that their Army may march away according to their Promise And further that the House of Commons desires this House would joyn with them to write Letters to the Lord General of the Kings Army to disband the Horse and Foot presently that so Peace may be setled and all Jealousies removed Whereupon it was Ordered by the Lords Order of the Lords for Exemplifying the Acts for Pacification and Brotherly Assistance that this House will joyn with the Commons in the Desires of this whole Conference It was also this day Ordered That the two Acts of Parliament the one for the Brotherly Assistance the other for the Confirmation of the Treaty between the Two Kingdoms shall be transmitted into the Chancery by Writs of Certiorari directed to the Clerk of the Parliament and shall be Exemplified by the Clerks of the Petty Bagg in a Secretary Hand and this to be the Warrant in that behalf The House after their return from the Lords House Commissioners to be sent into Scotland fell into Debate about sending some Commissioners from either House into Scotland and accordingly it was Resolved c. That some Commissioners shall be sent into Scotland for these Purposes authorized by both Houses to see and take Care that the Acts that concern this Kingdom be perfected in the Parliament of Scotland and from time to time to give his Majesty a true understanding of the Proceedings of the Parliament here the Lords to be moved to joyn in Petition to move the King for it The Bill for Tonnage and Poundage passed and Mr. Solicitor was sent up with it to the Lords to desire That this Bill may pass by special Commission and that it may be so contrived that the Bill may pass before the King is gone out of the Kingdom And it was immediately read three times successively in the Lords House and passed as a Law Nemine contradicente This Day the King set forward in the Afternoon upon his Journey to Scotland accompanied with the Prince Elector the Duke of Lenox The King sets forward his Journey to Scotland Wednesday August 11. now created Duke of Richmond and the Marquiss Hamilton A Letter was this day read in the House of Commons to be sent to the Earl of Holland to give Order for the speedy disbanding of the rest of the Army both Horse and Foot Message to the Lords about the Bishops that were impeached A Message was sent to the Lords to desire That the Bishops may be put to a present Answer in the Presence of the Commons as was formerly desired the House of Commons being ready to make good their Accusation and Sir Arthur Haslerig to go up with this Message and to desire a Conference about it Mr. Glyn reports the Conference with the Lords about the Bishops That the Lord Privy Seal told them The Lords Answer about the Impeachment of the Bishops That some Daies since they had received an Impeachment against the Bishops delivered at the Bar by Word of Mouth accusing them of many great Crimes and Misdemeanors and that this House did desire that the Bishops may be put to a present Answer at the time when the Impeachment was delivered They were Matters of great Consequence and coming from the House of Commons they were very curious not to proceed but in a Parliamentary Way upon good Consideration whereas the Charges were in general only He said further There were two Ways of proceeding there by transmission from this House or by a Charge by Word of Mouth in this latter the Course is to appoint some of the Kings Council to draw up particular Charges out of the General that they would proceed no wayes till they had
That the Scots desire that an Order of the House of Commons may be made for the repaying of the 28000 l to the Bishoprick of Durham and the Town of Newcastle that the Scots may deliver the said Order for their Discharge These 8. Heads being proposed to the Commons at a Conference the next day being August 13. they gave these Answers 1. To the First concerning the 7th of September to be the Day for Thanksgiving for both Kingdoms they have agreed to it 2. To the Second For the Scots Army passing over the Tweed the 25th of August agreed to 4. To the Fourth That the restoring of the Ordnance at Newcastle and that the Arms and Munitions may be all restored or paid for to be recommended to the Scots Commissioners Agreed to 6. To the Sixth Concerning seeing the Treaty to be finished in Scotland They desire that Commissioners may be sent from both Houses of Parliament to see the Treaty performed and to settle the Peace of both Kingdoms 7. To the Seventh Touching the Scots Army Marching through Barwick agreed to be in such sort as shall be appointed and settled there with the General and Governor of Barwick 8. To the Eighth touching the Order for paying the 280000 l. to the Bishoprick of Durham and the Town of Newcastle the House of Commons hath made an Order to that purpose and they will deliver it to the Earl of Warwick to be delivered to the Scots Commissioners The Commons fell this day into debate about Mr. Percy Sir John Suckling and Mr. Jermyn and it was urged That it would be made good by several Acts of Parliament and other Presidents That to conspire or indeavor to compel the Parliament to any thing is Treason And after long canvasing of the Matter it was Resolved c. Votes that Sir John Suckling Mr. Jermyn and Mr. Percy shall be charged with High-Treason That Sir John Suckling upon the whole matter shall be charged by this House with High-Treason Resolved c. That Mr. Henry Percy shall be charged with High-Treason Resolved c. That Mr. Henry Jermyn shall be charged with High-Treason The House of Commons being it seems now better Instructed since the last Conference with the Lord Privy Seal Friday August 13. fell upon the further Impeachment of the Bishops which was thus Reported by Serjeant Wild. WHereas the Knights Further Impeachment of the Bishops Citizens and Burgesses of the Commons House of Parliament have lately impeached the several Bishops hereafter named that is to say Walter Bishop of Winchester c. before your Lordships in this Parliament of several Crimes and Misdemeanors in Contriving Making Promulging and Executing several Constitutions and Canons Ecclesiastical and by granting a Benevolence or Contribution to His Majesty contrary to Law Now the said Commons do further declare to your Lordships that the said Canons Constitutions and Grant of a Benevolence contained in two several Books the one Intituled the Constitutions and Canons Ecclesiastical treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon with the Kings Majesties License in the several Synods begun at London and York Anno Dom. 1640 and in the Year of the Reign of Our Soveraign Lord King Charles by the Grace of God King of England Scotland France and Ireland the 16. the other Intituled a Grant of the Benevolence or Contribution to his Most Excellent Majesty by the Clergy of the Province of Canterbury in the Convocation or Sacred Synod holden at London An. Dom. 1640. Which Things I am commanded by the House of Commons to deliver to your Lordships and further to declare to your Lordships That all and every the said Canons and Constitutions and Grant of Benevolence and the Contriving Making Publishing and Executing of the same and every of them were and are contrary to the King's Prerogative the Fundamental Laws and Statutes of the Realm the Rights of Parliament the Propriety and Liberty of the Subject and tending to Sedition and of dangerous Consequence and were so Contrived Made Promulged and Executed to the great Oppression of the Clergy of the Realm and others his Majesties Subjects and in Contempt of his Majesty and of the Laws and do pray as they did before that the said Bishops may be forthwith put to their Answer in the Presence of the Commons and that such further Proceedings may be had therein as to Law and Justice appertains The Scots Commissioners having desired a Commission to Commissioners of both Nations for Examination of Witnesses about Incendiaries and having given the Names of such of their Nation as they desired might be in the Commission It was Ordered by the House of Lords Order for a Commission to examine Witnesses about Incendiaries That the Clerk of the Crown shall Issue out a Commission under the Great Seal of England and the Lord Keeper is to Seal it accordingly by Virtue of this Order which Commission is to be directed to the Lord Keeper the Lord Privy Seal the Earl of Warwick the Lord Viscount Say and Seal Lord Wharton and the Lord Kimbolton To the Lord Lowdon Sir Patrick Hepbourn and John Hepbourn and John Smith Esquires to joyn with several Members of the House of Commons or any five of them to examine Witnesses touching Incendiaries concerning both Kingdoms of England and Scotland The Business of paying the Billet Money in the several Quarters where the Scots Army had lain came into debate and it was Resolved House of Commons undertakes to pay the Scots Billet c. That the House of Commons undertakes to discharge our Brethren the Scots of these Summs and to pay the said Counties viz. Â l. s. d. To the County Palatine of am 26663 13 10 To the Town of New-Castle 2000 00 00 To the County of Northumberland 10224 06 10 Total 38888 00 08 Mr. Pym Reports Money paid for the Q. Mothers Journey That he had paid Seven Thousand Pounds to the Earl Marshal for dispatch of the Queen-Mother out of England Captain Chudleigh being Examined concerning the matter of the Army Capt. Chudleigh's deposition against Mr. Jermyn Mr. Perce c. saith That Sir John Suckling told him That he should not depend upon what Commissary Wilmot Col. Ashburnham or Captain Pollard said for they had quitted their Affection to the Army and fallen into a Parliamentary wayâ— This in the Month of March before Col. Goring went to Portsmouth He saith further That he could not conjecture by any Discourse that Ever he had with Mr. D'avenant that he knew any thing of any Design of bringing up the Army only by the Discourse he had with him he could discover an affection to the Army and that he charged him alwayes to keep all our Discourses between us secret because the Times were dangerous All this discourse he had with
who invaded England faithful and Loyal Subjects in all Churches and Chappels upon the Thanksgiving Day between the Kingdoms of England and Scotland it was desired by the Commissioners of Scotland that the Loyalty and Faithfulness of his Majesties Subjects might be made known at the time of the Publick Thanksgiving in all Places and particularly in all Parish Churches of his Majesties Dominions which Request was graciously condescended unto by his Majesty and confirmed by the aforesaid Act. It is now Ordered and Commanded by both Houses of Parliament that the same be effectually done in all Parish Churches throughout this Kingdom upon Tuesday the 7th day of September next coming at the time of Publick Thanksgiving by the several and respective Ministers of each Parish Church or by their Curates who are hereby required to read this present Order in the Church Thus did they resolve not only to conquer but to triumph and this was also to be a little kind of Shibboleth for the Clergy for who ever did either speak any thing against the Scots or declined this Declaration of their Loyalty and Fidelity to the King which it was very difficult for Men of sense to believe and therefore more hard for Men of Conscience to declare were certain to be esteemed Malignants and upon the least Complaint were sure to be sent for in the Custody as Delinquents It was also Ordered That Mr. Marshal and Dr. Marshal and Burgess to preach before the Commons upon the Thanksgiving Day A Petition of some Merchants to seize some Parts of America Burgess be desired to Preach before the House of Commons upon the Thanks-Giving Day at St. Margarets Church in Westminster A Petition was presented to the House by several Merchants about the Town consisting principally of three Heads 1 That there might be a certain number of Ships well appointed and stored with Ammunition and Provision for such a Service to be sent to America and some Part to Affrica whereby we might possess our Selves with the Riches of those Countries 2 That the Spanish Party is now grown weak which may induce us with greater alacrity to attempt it 3 That we may thereby become possessed of the Command of both the North and South Seas which will both increase Commerce Shipping Sea-Men and Trade at Home and render us Formidable and Powerful Abroad The Lord Keeper signified to the House that he had received a Letter from the King at Edenburgh by Mr. Anthony Nichols who was the Express sent from both Houses to His Majesty in Scotland The Letter was read in haec verba RIght Trusty and well Beloved We greet you well Whereas We have understood by the Petition of both Houses of Our Parliament in England The King's Letter to the L. Keeper about the Commission to the Committees of both Houses which Anthony Nichols Esquire hath been imployed to Vs from them that they are resolved to send down certain of their Members for to see the Ratification of the Treaty of Pacification by the Parliament here and to that end have desired a Commission under Our Great Seal We do not hold necessary to sign any such Commission but are hereby graciously pleased to give leave to the said Members to come and attend Vs here in Scotland to see the Ratification of the said Treaty and what else belongs thereunto and this We require you to signifie unto both Houses from Vs Given under Our Signet at Our Court of Edenburgh and the 25th Day of August in the 17 Year of Our Reign Such was the Ungovernable Insolence of the Rabble of those who called themselves the Well-Affected Party by their having been indulged because not severely Punished in the Case of the Earl of Strafford that upon every Occasion like a Fire ill quenched they broke out into Disorder and Outrages which was the Occasion of this following Order of the Lords UPon Information this Day to this House An Order of the Lords about the Tumults concerning the French Ambassador Aug. 30. 1641. that the French Ambassador and his Servants hath been lately Assaulted in his own House by a Company of Rude and Insolent People unto the great Dishonor of Our Nation and to his Lordships insufferable Wrong Injury and Dishonor whereof this House is very sensible and do intend that all possible Diligence be used for the finding out of the Malefactors for the Punishment of them to the Example and Terror of others that none may presume hereafter to commit the like Outrages to any Ambassadors of whom this House will always take regard It is therefore thought fit and Ordered by this House That Mr. Hooker Mr. Long Mr. Whittacre and Mr. Shepheard his Majesties Justices of the Peace or any two or more of them shall speedily take this Business into their Examination and by all Dilligence that may be used find out the said Malefactors and to Imprison them until they find out Sureties for their good Behavior and to appear in this House on Monday the 6th of September 1641. to undergo such Punishment as their Lordships shall think fit to inflict upon them for their said Offences and Misdemeanors so committed as aforesaid And that the said Justices of the Peace having throughly examined the Business shall make Certificate unto this House on the said sixth day of September next of all the whole Matter and how they find it that thereby their Lordships may proceed therein according to that which shall be Just And lastly That the aforesaid Justices shall give Order That there shall be Watch set according to Law for the better securing the Safety of the Ambassador and his House and for preventing Disorderly and Tumultuous Assemblies Ordered That the Lord Great Chamberlain Lord Chamberlain Earl Warwick Lord Kymbolton do acquaint the French Ambassador from this House that their Lordships have taken this Business into Consideration The House of Commons also took the Case of Sir John Corbet into debate whe for saying at a Quarter Sessions in the County of Salop That the Muster Masters Wages throughout England were illegal and against the Petition of Right c. had been Imprisoned and Fined by the High Commission Court and it was Ordered That the late Lord Keeper Coventry the Archbishop of Canterbury and others who were the Occasions of it shall make him Reparations for his Sufferings and Damages and a Conference was desired with the Lords upon it where the Managers of the Commons delivered to their Lordships a Transmission of an Impeachment concerning the Cause of Sir John Corbet a Member of the House of Commons against the Earl of Bridgwater the Lord Privy Seal the Archbishop of Canterbury the Lord Cottington the Lord Newburgh and the two Secretaries of State in which the House of Commons desire that the several Persons whom it concerns may be called to answer and that their Lordships would proceed therein according to Justice and that Sir John Corbet may have Reparation for his Imprisonment
were disposed to free themselves furtherly from the like inconvenience and get good Conditions for themselves for regaining their Ancestors or at least a good part thereof Estates they could never desire a more convenient time than that time the distempers of Scotland being then on foot and did ask me what I thought of it I made him answer that I could not tell what to think of it such Matters being altogether out of my Element Then he would needs have an Oath of me of Secrecy which I gave him and thereupon he told me that he spoke to the best Gentry of Quality in Lemster and a great part of Connaght touching that matter and he found all of them willing thereunto if so be they could draw to them the Gentry of Vlster for which cause said he I came to speak to you then he began to lay down to me the case that I was in there overwhelmed in Debt the smalness of my Estate and the greatness of the Estate my Ancestors had and how I should be sure to get it again or at least a good part thereof and moreover how the welfare and maintaining of the Catholick Religion which he said undoubtedly the Parliament now in England will suppress doth depend on it For said he it is to be feared and so much I hear from every understanding man the Parliament intends the utter Subversion of our Religion by which perswasions he obtained my consent And so he demanded whether any more of Vlster Gentry were in Town I told him that Phillip Reyly Mr. Torlagh O Neal Brother to Sir Phelim O Neal and Mr. Cosloe Mac Mahone were in Town so for that time we parted The next day he invited Mr. Reyly and I to dine with him and after Dinner he sent for those other Gentlemen Mr. Neale and Mr. Mac Mahone and when they were come he began the discourse formerly used to me to them and with the same perswasion formerly used to me he obtained their consent And then he began to discourse of the manner how it ought to be done of the fesibility and easiness of the Attempt considering Matters as they then stood in England the Troubles of Scotland the great Numbers of able Men in the Kingdom meaning Ireland what Succours they were more then to hope for from abroad and the Army then raised all Irish-men and well armed meaning the Army raised by my Lord Strafford against Scotland First that eveâ— one should endeavour to draw his own Friends into that Act and at least those that did live in one County with them and when they had so done they send to the Irish in the Low-Countreys and Spain to let them know of the Day and Resolution so that they be over with them by that day or soon after with supply of Arms and Ammunition as they could that there should be a set day appointed and every one in his own Quarters should rise out that day and seize on all Arms he could get in his County and this day to be near Winter so that England could not be able to send Forces into Ireland before May and by that time there was no doubt to be made but that they themselves should be supplied by the Irish beyond Seas who he said could not miss of help from either Spain or the Pope but that his resolutions were not in all things allowed For first it was resolved nothing should be done until first they had sent to the Irish over-Seas to know their advice and what hope of success they could give for in them as they said all their hope of Relief was and they would have both their Advice and Resolution before any further proceedings more than to speak to and try Gentlemen of the Kingdom every one as they could conveniently to see in case they would at any time grow to a resolution what to be and Strength they must trust to Then Mr. Moore told them That it was to no purpose to spend much time in speaking to the Gentry For there was no doubt to be made of the Irish that they would be ready at any time And that all the doubt was in the Gentry of the Pale but he said That for his own part he was really assured when they had risen out the Pale Gentry would not stay long after at least that they would not oppose them in any thing but be Neuters and if in Case they did That they had Men enough in the Kingdom without them Moreover he said he had spoke to a great Man who then should be nameless that would not fail at the appointed day of rising out to appear and to be seen in the Act. But that until then he was sworn not to reveal him and that was all that was done at that Meeting only that Mr. Moore should the next Lent following make a Journey down into the North to know what was done there and that he also might inform them what he had done and so on parting Mr. Philip Reyly and I did importune Mr. Moore for the knowledge of that great Man that he spake of and on long Entreaty after binding us to new Secrecy not to discover him till the Day should be appointed he told that it was the Lord of Mayo who was very powerful in Command of Men in those Parts of Connaght wherein he lived and that there was no doubt to be made of him no more than was of himself and so we parted The next Lent following Mr. Moore according to his promise came into Vlster by reason it was the time of Assizes in several Counties there he met only with Mr. Reyly and nothing was then done but all Matters put off till May following where we or most of us should meet at Dublin it being both Parliament and Term-time In the mean time there Landed one Neale O Neale sent by the Earl of Tyrone out of Spain to speak with the Gentry of his Name and Kindred to let them know that he had treated with Cardinal Richelieu for obtaining Succor to come for Ireland and that he prevailed with the Cardinal so that he was to have Arms Ammunition and Mony from him on Demand to come for Ireland and that he only expected a convenient Time to come away and to desire them to be in a readiness and to procure all others whom they could to be so likewise which Message did set on the Proceedings very much so that Mr. Moore Mr. Reyly my Brother and I meeting the next May at Dublin and the same Messenger there too It was Resolved That he should return to the Earl into Spain with their Resolution which was That they would rise out twelve or fourteen Days before or after Allhallontide as they should see Cause and that he should not fail to be with them by that time There was a Report at that time and before that the Earl of Tyrone was killed which was not believed by reason of many such Reports formerly which we
found to be false and so the Messenger departed with Directions that if the Earls death were true he should repair into the Low-Countries to Colonel Owen O Neale and acquaint him with his Commission from the Earl whereof it was thought he was not Ignorant and to return an Answer sent by him and to see what he would Advise or would do himself therein But presently after his Departure the certainty of the Earls Death was known and on further Resolution it was Agreed That an Express Messenger should be sent to the Colonel to make all the Resolutions known to him and to return speedily with his Answer And so one Toole O Comely a Priest as I think Parish Priest to Mr. Moore was sent away to Colonel O Neale In the interim there came several Letters and News out of England to Dublin of Proclamations against the Catholicks in England and also that the Army raised in Ireland should be Disbanded and Conveyed into Scotland And presently after several Colonels and Captains Landed with Directions to carry away those Men amongst whom Colonel Plunkett Colonel Burne and Captain Bryan O Neale came but did not all come together for Plunkett Landed before my coming out of Town and the other two after wherein a great sear of Suppressing of Religion was conceived and especially by the Gentry of the Pale and it was very common amongst them that it would be very inconvenient to suffer so many Men to be Conveyed out of the Kingdom it being as was said very confidently reported that the Scottish Army did threaten never to lay down Arms until an Uniformity of Religion were in the three Kingdoms and the Catholick Religion suppressed And thereupon both Houses of Parliament began to oppose their going and the Houses were divided in their Opinions some would have them go others not but what the definitive conclusion of the Houses was touching the Point I cannot tell for by leave from the House of Lords I departed into the Country before the Prorogation But before my Departure I was informed by John Barnewall a Fryer that those Gentlemen of the Pale and some other Members of the House of Commons had several Meetings and Consultations how they might make Stay of the Souldiers in the Kingdom and likewise to Arm them in Defence of the King being much injured both of England and Scotland then as they were informed and to prevent any Attempt against Religion and presently after I departed into the Country and Mr Reyly being a Member of the House of Commons stayed the Prorogation and on his coming into the Country sent to me to meet him and I came to his House where he told me that he heard for certain that the former Narration of Barnewall to me for I did acquaint him with it was true and that he heard it from several there also was Emar Mac Mahone made firmly privy to all our Proceedings at Mr. Reylys lately come out of the Pale where he met with the aforenamed John Barnewall who told him as much and he formerly told me and moreover that those Colonels that lately came over did proffer their Service and Industry in that Act and so would raise their Men under Color to Convey them into Spain and then seize on the Castle of Dublin and with their Arms there to Arm their Soldiers and have them ready for any Occasion that should be Commanded them but that they had not concluded any thing because they were not Assured how the Gentlemen of the remote Parts of the Kingdom and especially of Vlster would stand Affected to that Act and that Assurance of that Doubt was all their Impediment Then we three began to think how we might assure them Help and of the Assistance of Vlster Gentlemen It was thought that One should be sent to them to acquaint them therewith and they made Choice of me to come by reason as they said that my Wife was allyed to them and their Country-Woman and would believe me trust me sooner than other of their Parts they or most of them being of the Pale And so without as much as to return Home to furnish my self for such a Journey Volens Nolens they prevailed or rather forced me to come to Dublin to confer with those Colonels and that was the last August was Twelve-Month Coming to Town I met Sir James Dillon accidentally before I came to my Lodging who was one of those Colonels and after Salutations he demanded of me where my Lodging was which when I told him and parted the next Day being abroad about some other Occasions in Town I met him as he said coming to wait on me in my Chamber but being a good Way from it he desired me to go into his own Chamber being near at hand And then began to discourse of the present Sufferings and Afflictions of that Kingdom and particularly of Religion and how they were to expect no Redress the Parliament in England intending and the Scots resolving never to lay down Arms until the Catholick Religion were suppressed Then he likewise began to lay down what Danger it would be to suffer so many Able Men as was to go with them to depart the Kingdom in such a time Neither said he do their other Gentlemen that are Colonels and my self affect our own private Profit soas to prefer it before the general Good of the Kingdom And knowing you are well Affected thereunto and I hope said he ready to put your helping-hand to it upon Occasion I will let you know the Resolution of those other Gentlemen and Mine which is if weare ready to raise our Men and after to Seize on the Castle where there is great store of Arms and Arm our Selves This was the first Motion that ever I heard of taking the Castle for it never came into our Thoughts formerly nor am I perswaded ever would if it had not proceeded from those Colonels who were the first Motioners and Contrivers thereof for ought known to me and then to be ready to prevent and resist any Danger that the Gentlemen of the Kingdom like thereof and help us For we of our selves neither are able nor will do any thing therein without their Assistance I began according to the Directions that were sent with me to approve of their Resolution and also to let him know how sure he might be of the Assistance of those of Vlster Then he told us that for my more Satisfaction I should Confer with the rest of the Colonels themselves as many as are Privy to the Action and accordingly a Place of Meeting was appointed that After-Noon and on the Time and Place appointed there met Sir James himself Colonel Bourne and Colonel Plunket And that former Discourse being renewed they began to lay down the Obstacles to that Enterprise and how they should be Redressed First If there should War ensue how there should be Money had to Pay the Soldiers Secondly How and where they should procure Succors
the 5th day of October having regard therein to the day of the Week whereon that day did fall which was the Saturday being the Market day on which day there would be less Notice taken of people up and down the Streets Then began a question who should be deputed for the Surprisal of the Castle and then Mr. Moore said he would be one of them himself and that Colonel Bourne should be another and what other Gentlemen of Lemster they could procure to joyn with them and seeing the Castle had two Gates the one the great the other the little Gate going down to my Lord Lieutenant's Stables hard by which Stables without the Castle was the Store-House for Arms they of Lemster would undertake one Gate and that should be the little Gate and the great Gate should be undertaken by those of Vlster and said he of necessity one of you both meaning Sir Phelim and me must be there for the meer countenance of the matter it being the glory of all our proceedings and all that his Speech was well liked of all present But Sir Phelim would be exempted from that employment and so would I but then all of them set on me desiring me to be one alledging for Reason that their Proceedings and Resolutions were very honourable and glorious it being for Religion and for to procure more liberty for their Country as did say they of late Scotland and that in taking the Castle consisted all the glory and honour of the said Act all which should be attributed to them which should be imployed therein and so by consequence all or most part to be there being as they said the chief in that Enterprize and more Sir Phelim said that he would endeavour to take or procure others to take Londonderry the same day and if he should be away that place would not be taken with these and many other perswasions they obtained my consent and then the Captain offered himself they began to think what number should be imployed in that Act and they concluded on Two Hundred Men one Hundred from each Province for those Gates which they seize on of which number Sir Phelim O Neale should send forty with an able sufficient Gentleman to conduct them And likewise Captain Neale twenty Mr. Mac Mohone Mr. Reyly ten more and I should bring twenty two then began a doubt how they should raise those Men and convey them to Dublin without suspicion and it was answered that under pretence of carrying them to those Colonels that were conveying Soldiers into the Kingdom it might safely be done and to that purpose Sir Phelim O Neale Mr. Moore and the Captain had several blank Patents with Deputations to make Captains to those Colonels which they sent to those that should send men to Dublin for the more colour they bethought of what was to be done in the Country that day and it was resolved that every one privy to that matter in every part of the Kingdom should rise up that day and seize on all the Forts and Arms in the several Counties to make all the Gentry Prisoners the more to assure themselves against any averse fortune and not to kill any but where of necessity they must be forced thereunto by opposition and that those that were appointed for taking of the Castle should observe and in particular the Gentry All their Army in Vlster to take that day Londonderry which Sir Phelim did undertake and Knockfergus which they thought Sir Henry Mac O Neale would do and to that end Sir Phelim's Brother Torilagh O Neale should be sent to them and the Newry which should be undertaken by Sir Conne Magennis and his Brothers for whom Sir Phelim in regard they were his Brothers-in-law his deceased Lady being their Sister did undertake Moreover it was agreed that Sir Phelim Mr. Reyly Mr. Coll mac Mahone and my Brother should with all the speed they could after that day raise all the Forces they could and follow us to Dublin but to Arm the Men and Succour and Attend and Garrison the Town and Castle And likewise Mr. Moor should appoint Lemster Gentlemen to send like supply of Men then there was fear of the Scots conceived that they should presently oppose themselves and that would make the matter more difficult and to avoid which danger it was resolved on not to meddle with them or any thing belonging to them and to demean themselves towards them as if they were of themselves which they thought would pacifie them from any opposition and if the Scots would not accept of that offer of amity but would oppose them they were in good hope to cause a stir in Scotland that might divert them from them and I believe the ground for that hope was That two years before in or about the beginning of the Scots Troubles my Lord of Tyrone sent one Torilagh O Neal a Priest out of Spain and that this I take it was the time that he was in Treaty with Cardinal Richelieu to my Lord of Argile to Treat with him for help from my Lord for him to come into Ireland as was said for Marriage between the said Earl and my Lord of Argile's Daughter or Sister I know not which and this Messenger was in Ireland with whom Mr. Torilagh O Neale Sir Phelim's Brother had conference from whom this Relation was had that said Messenger went into Scotland as I did hear from the said Mr. Neale or from Ever mac Mahone aforenamed I know not from which of them but what he did there I could never hear by reason that my Lord of Tyrone was presently after killed they were the more confirmed therein hearing that my Lord of Argile did say near to the same time as I guess and when the Army was raised in Ireland as I think to a great Lady in Scotland I know not her name but did hear that she was much imbarqued in the Troubles of that Kingdom there she questioning how they could subsist against the two Kingdoms of England and Ireland that if the King did endeavour to stir Ireland against them he would kindle such a Fire in Ireland as would hardly or never be quenched And moreover they knew my Lord to be Powerful with the Highlanders Redshanks in Scotland whom they thought would be prone and ready to such Actions they for the most part descended out of Ireland holding the Irish Language and Manners still and so we parted The next day being Wednesday Leghrosse every man went about his own task and so when I came home I acquainted my Brother with all that was done and what they had appointed him to do and did like according as they had appointed me send to Mr. Reyly to let him know as much and the 18th of the same Month I began my Journy to Dublin and when I came to Dublin being the day before the appointed day for putting that Resolution in Execution there I met with Captain Conne O Neal sent out
of the Low-Countreys by Colonel O Neal who was sent after the Messenger sent by us formerly to the said Colonel was by him disappointed with his Answer to encourage us in our Resolution and to speedy Performance with assurance of Succour which he said would not fail of the Colonel's behalf and for the more certainty of help from him and to assure us that the Colonel had good hopes to procure Aid from others he said that it was he himself that was imployed from him to Cardinal Richelieu twice that some men who gave very fair promises to assure the Colonel's expectations with which he said that the said Colonel was really with himself assured of the Cardinal's Aid and that he was likewise commanded by the Colonel upon our Resolution of the day to give notice thereof to him and that he would be within 14 days over with them with Aid but he landed 9 or 10 days before and meeting with Captain Brian O Neal who made him acquainted with what was Resolved he did write all the matter to Colonel O Neal so as he was sure of his speedy coming And so that Evening he and I came to meet the other Gentlemen and there were met Mr. Moore Colonel Bourne Colonel Plunkett Captain Fox and other Lemster Gentlemen a Captain I think of the Bournes but I am not sure whether a Bourne or a Toole and Captain Brian O Neale and taking an account of those that should have been there it was found that Sir Phelim O Neale Mr. Collo mac Mahone did fail of sending their Men and Colonel Bourne did miss Sir Morgan Cavanagh that had promised him to be there but he said he was sure he would not fail to be that Night or the next Morning in Town And of the two hundred men that were appointed there were only eighty present yet notwithstanding they were resolved to go on in their Resolution and all the difference was at what time of the day they would set on the Castle and after some debate it was resolved in the Afternoon and the rather hoping to meet the Colonel there then for they said if they should take the Castle and be enforced by any extremity for not receiving timely succour out of the Country having them they could not want and so parted that Night but to meet in the Morning to see further what was to be done and immediately thereupon I came to my Chamber and about Nine of the Clock Mr. Moore and Captain Fox came to me and told me all was discovered and that the City was in Arms and the Gates were shut up and so departed from me And what became of them and of the rest I know not nor think that they escaped but how and at what time I do not know because I my self was taken that Morning But how long soever this Plot was contriving and how much soever the Parliament by their Papers Answers and Declarations indeavoured secretly to reflect upon the King and by the Mercenary Tongues and Pens of their Infamous Agents more openly that the Rebellion began by his Knowledge and Connivance and by that wicked Calumny laid all the Massacres and Murthers which they heightned to the utmost at His Majesties door thereby to dispossess him of the Allegiances and Affections of his Subjects yet it is more then probable the Rebellion would not have broke out then if ever had not the Committee of the Parliament of Ireland some of which were the Continuers of and Actors in it had too near a prospect of a Rupture between the King and the Two Houses and that it would inevitably and quickly come to a War for all other Circumstances in that Juncture threatned their unavoidable Ruine in the Attempt unless England and Scotland were Embroiled so as not to be able to suppress them as if it had not been for the succeeding Rebellion in England they could not but know would be very easily done and none but people mad and senseless would without such almost a certain prospect of the English Rebellion have been tempted to forfeit not only the Extraordinary Graces they had newly received from the King and the Indulgence afforded them in the Exercise of their Religion but their Lives and Fortunes also And for any hopes of Foreign Assistance the French and the Spaniard were at War and under all the Consequences of it necessity of Men and Money to supply their own Affairs and as the Reader may remember both the Ambassadors of those Princes were pressing both the King and Parliament for Men out of Ireland so far were they from supplying the Trish with any And for the Pope besides that he is never over liberal of the Temporal Treasure of the Church he was at a Distance too Remote and too impotent in Shipping to give them any Assistance indeed he might probably be very Prodigal of those cheap and useless Spiritual Treasures of the Church Indulgences Blessings Reliques and promises of Miracles in their Favour but had he imployed both the Swords and unlocked all the Treasures with St. Peter's Keys yet could he not without a real Miracle nay many have saved them from most unavoidable Ruine and Destruction had England and Scotland continued in Peace so that it will plainly appear that if not the Design yet the Execution of it at that time depended wholly upon the certain expectations of a Civil War and the Confusions that attend it which it was not difficult for the Irish Committees who were upon the Earl of Strafford's account very intimate with the Faction of the Parliament to discover and foresee And this is most certain that the Rebels of each side made great advantages of the Rebellion and as in probability the Irish had not then broke out but that they had the English Rebellion in view so the English Rebels made their first Levies of Men and Money with which they fought against the King under colour of suppressing the Irish Rebellion And this is most certain That had Ireland continued in Peace Scotland darest not have stirred as they did to give assistance to the English Rebels and indeed to give the Fatal Turn to the ballance of the War which then seemed to incline to the Royal Party and the great things Montross did there with a handful of Men easily shew what might have been done to the King's Assistance if Ireland had been in Peace So that if these Rebellions did not beget one another as 't is very probable they did 't is certain they fed and supported each others Flames and betwixt them burnt down both Church and State in these three miserable Kingdoms And that the Reader may see what the Irish Rebels said for themselves I have here subjoyned the Remonstrance which they published for their Vindication a Copy of which was procured from one Mr. Wentworth who had it from them while he was Prisoner among them and being Printed I find it among the Collection of the Prints of that
Time The Parliament indeed had one sent over from the Lords Justices in Ireland and I find in the Journal of the Lords that it was read in their House but in regard though it had some Scandalous Reflections upon the King as being willing to favour their Religion which in due time we shall prove utterly false and that in this common Calumny they agreed with the English Rebels yet in regard it seemed and that not without great probability to charge the Rebellion upon the Parliament and their present Proceedings and future Intentions the thing was at that time smothered for it is neither Entred in the Journal as usually Papers of that Importance were wont to be nor can I find any Order for the Printing or Publishing of it or for any Answer to take off the Charge of the Rebels against the Parliament Take it however as I find it in Print The Remonstrance of the Rebels in Ireland WHEREAS we the Roman Catholicks of this Kingdom of Ireland The Remonstrance of the Irish Rebels Oct. 23. 1641. have been continual Loving and Faithful Subjects to his Sacred Majesty and notwithstanding the General and Hard Oppressions suffered by Subordinate Governors to the Ruine of our Lives Honors and Estates Yet having some Liberty of Religion from his Majesty out of the Effluence of his Princely Love unto Vs We weighing no Corporal Loss in respect of that great Immunity of the Soul are inviolably resolved to infix our Selves in an immutable and pure Allegiance for ever to his said Royal Majesty and his Successors Now so it is That the Parliament of England Maligning and Envying any Graces received from his Majesty by our Nation and knowing none so desired by us as that of Religion And likewise perceiving his Majesty to be inclining to give us the Liberty of the same drew his Majesties Prerogative out of his Hands thereby largely pretending the General Good of his Majesties Kingdoms But We the said Catholicks and Loyal Subjects to his Majesty do probably find as well by some Acts to pass by them the said Parliament touching our Religion in which the Catholicks of England and Scotland did suffer as also by Threat to send over the Scottish Army with the Sword and Bible in Hand against us that this whole and studied Plot was and is not only to extinguish Religion by which we altogether live Happy but likewise to supplant us and raze the Name of Catholick Irish out of the whole Kingdom And seeing this Surprize so dangerous tending absolutely to the overthrow of the Liberty of our Consciences and Country and also our Gracious King's Power forced from him in which and in whose prudent Care over us our sole Quiet and Comfort consisted and without the which the Fear of our present Ruines did prescribe the Opinion and premonish us to save our Selves We therefore as well to regain his Excellent Majesties said Prerogative being only due to him and his Successors and being the Essence and Life of Monarchy hoping thereby to Confirme a Strong and Invincible Vnity between his Royal and ever happy Love unto us and our faithful Duty and Loyalty to his incomparable Majesty have taken Arms and possessed our Selves of the best and strongest Forts of this Kingdom to enable us to serve his Majesty and defend us from the Tyrannous Resolutions of our Enemies Thus our Consciences as we wish the Peace of the same to our selves and our Posterity is the Pretence and true Cause of our present Rising in Arms by which we are resolved to perfect the Advancement of the Truth and the Safety of our King and Country Thus much we thought in General fitting to publish unto the World to set forth our Innocent and just Cause the particular whereof shall be speedily declared Dated 23 October 1641. We do declare unto God and the World That what we do or have done is for the Maintenance of the Kings and our Religion and for fear these our Doings should be misconstrued We thought good to make known unto the World by this our Declaration and Remonstrance 1 The several private Meetings of Factious and Ill-disposed People unto our Government and Common-Wealth at several Places Plotting and Devising our utter Ruine and the Extirpation of our Religion 2 Several Men imployed by them with Instruments ready drawn for to get Hands thereunto to be preferred to the Parliament of England whereby they would have the Papists as they call them and the Protestant Bishops of the Kingdom whom they joyn with the Papists and hate as they hate the Papists the Bishops to be deposed and the Papists banished or otherwise rooted out of this Kingdom 3 The Government of this Kingdom successively put into the hands of so many Needy and Poor Ministers who for raising of themselves have by scruing Inventions Poll'd the Gentry and Commons of this Kingdom that no Man was secured of any thing he had 4 We saw his Majesty to whom we thought to Address our selves was so oppressed by the Arrogancy of such Faithless and Disloyal Subjects and as it were cut off from all Prerogative that we could not expect any Redress as long as they ruled in his Kingdom as now they do All which we taking into our serious Consideration did fear we should be circumvented on the suddain and for our Security did think fit to arm our Selves for our own Defence and Safety of his Majesty from such wicked Perturbers of all Common-Wealths where they get any Superiority that they will not admit either of the Kings or Bishops as well Witness Germany and for the Places we have taken we will yield them up when his Majesty pleaseth to Command us and takes a Course for Securing of us and the Protestants of this Kingdom who are only his true and obedient Subjects against such Factious and Seditious Puritanes the Disturbers of all States as had brought the like Misery on Queen Elizabeth and King James had they not been by them and their wise Councels prevented which we thought fit to intimate unto the good Subjects that they may the more willingly assist us until we be at better leisure to make our great Grievances known unto his Majesty and he have more power to relieve us And because they nor any others shall have any reason to accuse me with Partiality I here present the Reader with a Narrative which I find Printed in P. W.'s Answer to the Lord Orrery as follows THey therefore meaning the English Nation and the whole World A Narrative of some things done in the beginning of the Rebellion which Irish Papists plead in mitigation of their taking Arms. may be pleased to know That We speaking of the Irish are so far from justifying any horrid Actions perpetrated at that time when but a few of any Quality raised a Rebellion in the North as we have and still make it our request That those Crimes and all Massacres and Murthers then or after committed whoever shall be
Declarat Deanries and other Ecclesiastical Dignities of this Realm are not de Mero Jure donative but some are Donative and some Elective and some are Collative according to their respective Foundations and the Confirmation of the Bishops Grant by a Dean de Facto having actually stallum in Choro et vocem in Capitulo together with the Chapter is good in Law 15. Quest Whether the issuing of Quo Warranto's out of the Kings-Bench or Exchequer against Boroughs that antiently and recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to the Parliament be Legal If not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and Judges of and in such Quo Warranto's Declarat The Issuing of Quo Warranto's out of the Court of Kings-Bench Court of Exchequer or any Court against Boroughs that anciently or recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to Parliament and all the Proceedings thereupon are Coram non Judice Illegal and void and the Right of sending Burgesses to the Parliament is Questionable in Parliament only and the Occasioners Procurers and Judges in such Quo Warranto's and Proceedings are Punishable as in Parliament shall be thought consonant to Law and Justice 16. Quest By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the Fact Censured in the Castle-Chamber in great Fines and sometimes Pillored with loss of Ears and bored through the Tongue and marked sometimes in the Forehead with an Hot Iron and other like Infamous Punishment Declarat Jurors are the sole Judges of the Matter in Fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. Quest By what Law are men Censurable in the Castle-Chamber with the Matilation of Members or any other Brand of Infamy and in what Cases and what punishment in each Case there is due without Respect to the Quality of the Person or Persons Declarat No Man ought to be Censured in the Castle-Chamber in the Mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly Limited by the Statutes of the Realm in such Case provided 18. Quest Whether in the Censure in the Castle-Chamber Regard be to be had to the words of the Great Charter viz. Salvo Contenemento c. Declarat In the Censures in the Castle-Chamber especial Regard ought to be had to the Words of the Great Charter viz. Salvo Contenemento c. 19. Quest Whether if one that steals a Sheep or commits any other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traytor If not whether a Proclamation can make him so Declarat A Felon who Flies the Course of Justice and lyeth in Woods Mountains or elsewhere upon his keeping is no Traitor and a Proclamation cannot make him a Traitor 20. Quest Whether the Testimony or Evidence of Rebels Traytors Protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Tryals of Men for their Lives or whether the Judge or Jurors ought to be Judge of the matter Declarat The Testimony of Convicted or Protected Rebels Traitors or Felons is no sufficient Evidence in Law upon the Tryal of any Person for his Life and the Credit of the Testimony of Persons Accused or Impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the Truth and Validity of the said Testimony 21. Quest By what Law are Fairs and Markets to be held in Capite when no other express Tenure is mentioned in his Majesties Letters Patents or Grants of the same Fairs and Markets Altho the Rent or Tearly Sum be reserved thereout Declarat The King grants Lands to be held in Free and common Socage as of a Castle or Mannor by Letters Patents under the Great Seal and by the same Letters Patents or by other Letters Patents Grants a Fair and Market reserving a yearly Rent or Summ without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights Service in Capite or otherwise in Capite I cannot omit one remarkable passage which I find mentioned in Dr. Borlase's Hist of Ireland p. 12. Borlase's History which seems plainly to evince that during this time when they appeared so Zealous for the Redressing of Publick Grievances and removing the obstructions of Justice therein following the very same steps with the Faction of the Parliament of England and Scotland they were at the same time complotting to shake off the Soveraignty of His Majesty by an open Rebellion as the Scots had done in Effect and the English Parliamentary Faction presently after did Which may teach Posterity hereafter to be very Cautious of such pretences and pretenders who through the sides of the prime Ministers of State endeavour to wound Majesty it self and to cover the Designs of Teason and Rebellion with the Popular Cloak of Reformation which were the very steps by which these Three Rebellions one upon the neck of another advanced themselves within the compass of little less then three Years The passage was this During the Summer Sessions which began the 11th of May 1641. Some of the chief Conspirators and among whom the Lord Macguire was one the most busie pretending a suspition That some of the Servants of the late Earl of Strafford to revenge his death to which it seems by this their own guilt acknowledged the Irish very instrumental intended some mischief to the Parliament moved the House and accordingly had Orders that the Lords Justices would let His Majesties Stores for Powder and Arms be searched lest any should be placed near the Parliament Houses which being granted and a diligent search being made but nothing found yet were they not satisfied but procured a new Order to the Lords Justices to be admitted to see the Stores of Powder and Arms placed in other Rooms in and about the Castle To whom the Lord Justice Borlase answered That those were the King 's precious Jewels and not to be shewed without especial Cause but withal assuring them upon his Honor that there was no Powder underneath either of the Houses of Parliament with which answer they were not more discontented then his Lordship seemed surprised with this repeated Order which raised such a sudden Emotion in his blood that he could not but often after reflect upon the reiterated importunity of the enquiry as aiming at something further then was at present discernable Which plainly appears to be to get a perfect knowledge both of the quantity of the martial Stores and the certain place where they were deposited that thereby their intended surprisal of them might be with more ease effected To Sum up what hath
That Mr. Hugh Benson shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House After which it was Ordered Captain of Hurst Castle Summoned That the Lord Gorge who is Governor of Hurst Castle be forthwith Summoned to appear here to give an Account why he suffered that Castle to go to decay A Complaint was exhibited by the Resident of Florence Resident of Florence complains of his House being broken c. against May and Newton two Persons imployed to apprehend Priests for violently contrary to the Law of Nations breaking open his Doors and taking and committing his Domestick Servants to Prison Whereupon it was Ordered That the said May and Newton be Summoned to give an Account of that Action and that the said Persons Imprisoned be set at Liberty the Resident passing his Word for their forth-coming Then certain Interrogatories to be administred to Owen O Connelly Interrogatories for the further Examination of Connelly were read as follows 1 What ground had you to Suspect that the Papists had any Design upon the State of Ireland 2 What have you heard any Priests or others say concerning the promoting of the Romish Religion 3 What Discourse have you had with Hugh Ogh Mac-Mohan concerning any such Design in Ireland 4 Have you heard of any Design in England or Scotland of the like Nature what is it you have heard Declare your whole Knowledg The Design of which Questions as plainly appears by the very Words of them were purposely to draw out something from him which might give color to the pretended Calumnies against the King or Queen or both of them as being some way or other concerned in promoting Popery and the Rebellion in Ireland as they had upon all Occasions insinuated the King to have been privy and Consenting to the Design of bringing up the Army and the Conspiracy in Scotland pretended against Hamilton Argyle and others And indeed the Faction laid hold upon all Occasions which were in the least capable of an Improvement to the Defamation of his Majesty and to rob him of the Affections of his People by whispering such Surmises as might beget and confirm those useful Fears and Jealousies of Popery and Arbitrary Power which were to be the Engines by which their wicked and mischievous Designs were to be effected and accomplished After this Sir Thomas Widdrington Reports further of the Conference The Report of the Conferrence about the Prince and Queen concerning the Prince and Queen That the Earl of Holland said he had according to the Commands of both Houses waited upon her Majesty and presented her with the Reasons of both Houses why they desired that the Prince should reside at Richmond 1. Because that he lost much opportunity in improving himself in his Learning and Study by being at Oatlands 2. Next though the Parliament doth not think her Majesty would intimate any thing to him concerning her Religion yet there were many about her which might prepare him with those impressions in his Religion which mightsit upon him many Years after 3. That in this time so full of danger for we hear of new Treasons every day that the Prince might be more Secure and yet his Lordship said he acquainted the Queen That it was not the Intentions of the Two Houses of Parliament that the Prince should not at all wait upon her Majesty but might come when her Majesty was desirous to see him but yet that his place of Residence might be at Richmond for otherwise his Governor could not take that Charge over Him as was required by the Parliament nor be answerable for such Servants as were about him His Lordship was pleased further to say That Her Majesty gave this Answer THat She gave the Parliament Thanks for their Care of her Son The Queens Answer the Occasion wherefore Her Majesty sent for him was to Celebrate the Birth-Day of one of his Sisters but that the Prince should be presently sent back to Richmond And Her Majesty said She did make no doubt but upon the King's Return the Parliament will Express the like Care both of the Kings Honor and Safety Mr. Whitlock further Reported That the Lord Chamberlain said at the Conference That he had taken care for a Guard That many of them complained of standing upon their Guard 24 Hours without Relief and some of the Captains neglect to come and that therefore Order should be taken therein A Message was brought from the House of Commons by Arthur Goodwin Esquire to let their Lordships know Wednesday Novemb. 3. A Message from the Commons about Phillips the Priest That he was Commanded to give their Lordships Thanks from the House of Commons for their Care and Honour of Religion in committing Robert Phillips the Priest unto the Tower desiring that he may not be released from his Imprisonment without they be made acquainted with it and that their Lordships would give Directions that none may speak with him at the Tower but in the presence of some of the Keepers Whereupon the Lords made an Order accordingly The Lord Privy Seal Reported The Report about Borrowing 50000 l. of the City That Yesterday the Committees of both Houses in the Name of the Parliament went to the City to propound the Borrowing of 50000 l. for the Irish Affairs He said They gave the City a full relation of the State and Condition of Ireland now is in it being the Case of Religion That they were much moved at the Relation and the Committees then told the Three Wants which the Council of Ireland desires to be speedily furnished with or else that Kingdom will be in danger to be lost which are Men Arms and Money His Lordship said the Committee told them the Parliament required nothing of them but the Loan of Money which should be Secured to them by Act of Parliament with advantage to themselves with Interest Vpon this the Major and Aldermen with the Common Council presently retired to consult among themselves till it was very late and so the Committees left them The next Morning the Recorder came to the Lords of the Councel at Whitehall and declared That he had Command from the Major and Aldermen and Common Council of the City to inform their Lordships first by way of Protestation That so great Sums of Money were drawn from them lately that they were hardly able to Supply this Occasion Yet such is their Zeal to this Cause that they will do their best Endeavours therein 2. He delivered by way of Plea from the City That Protections were so frequent that unless the Parliament did take some Course therein they shall not be able to do the Parliament that Service they desire in this kind because it decayes their Trading Mr. Recorder further declared That the City had formerly lent 50000 l. upon the Request of the Great Council at York which was due the 22d. of October last which yet is not paid
will buy the same The Lord Bishop of Lincoln gave this House an Account Bishop of Lincoln Reports the Votes about the Irish Affairs what the Committees for Irish Affairs had considered of and presented some Votes and Orders of the House of Commons in which they desire their Lordships to joyn with them which were read as follows Resolved upon the Question That the House of Commons holds it fit That 20000 l. shall be forthwith supplyed for the present Occasions of Ireland out of the Moneys that are now in ready Cash or shall first come in Resolved c. That a convenient number of Ships shall be provided for the Guarding of the Sea-Coasts of Ireland Resolved c. That the House of Commons holds it fit that Six Thousand Foot and Two Thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland Resolved c. That such Officers shall be forthwith sent over into Ireland for the Commanding of Men there as shall be thought fit by the Lord Lieutenant of Ireland with the approbation of both Houses of Parliament Resolved c. That a Magazine of Victuals shall be forthwith provided at West-Chester to be sent over to Dublin as the Occasion of that Kingdom shall require Resolved c. That the Magazin of Arms Ammunition and Powder at Carlisle shall be forthwith sent over to Knockfergus in Ireland Resolved c. That in Bristol and West-Chester and one other Port in Cumberland Magazines of Arms Ammunition Powder and Victuals shall be provided to be Transported into the next convenient Ports of Ireland as the Occasions of that Kingdom shall require Resolved c. That all Arms Ammunition and Powder in the Magazine at Hull Except such a proportion of Powder Bullet and Match as shall be thought fit for Supply of the Northern Counties as Occasion shall require be Transported to the Tower of London Resolved c. That a convenient Number of Engineers and Gunners shall be sent into Ireland Resolved c. That a Post shall be set up between Beaumarish and Holy-head Resolved c. That it be referred to the Kings Councel to consider of some fit way and to present it to the Houses for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such principal Rebels as shall be nominated Resolved c. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland and what Care they have taken for the Occasion of Ireland Resolved c. That the House of Commons holds it fit that a Drum shall be forthwith beaten for the calling in of Volunteers for this Service for Ireland Ordered That Directions be given for the Drawing a Bill for the Pressing of Men for this particular Service for Ireland and Mr. Serjeant Wild is desired to prepare a Bill for that purpose Ordered That the 11000 l. in ready Cash in the Chamber of London shall be forthwith paid over to the Lord Lieutenant of Ireland for the present Occasions of that Kingdom and that the Commissioners and Treasurers appointed in the Act grant forth their Warrants and Orders accordingly Ordered That the Officers and Customers of the several Ports of this Kingdom towards Ireland do make diligent Search in all Trunks and other Carriages that come to be Transported from England to Ireland that belong to any Papist or suspected person and particularly that those Trunks sent by Exeter shall be stayed and searched Ordered That the Committee for Irish Affairs of the House of Commons shall propound to the Committee of Lords to prepare Heads to be considered of how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in this business of Ireland After this the Lord Bishop of Lincoln acquainted the House with a draught of a Declaration to be sent into Ireland to the Lords Justices with a Letter from the Speakers of both Houses of Parliament which was read in haec verba The Declaration THe Lords and Commons in this present Parliament being advertized of the dangerous Conspiracy and Rebellion in Ireland The Declaration of the English Parliament about the Irish Rebellion by the treacherous and wicked Instigation of Romish Priests and Jesuits for the bloody Massacre and Destruction of all the Protestants living there and other his Majesties Loyal Subjects of English Blood though of the Romish Religion being antient Inhabitants within several Counties and Parts of that Realm who have alwayes in former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of his Royal Majesty and the Crown of England from the Government of that Kingdom under pretence of setting up the Popish Religion have thereupon taken into their Serious Consideration how these Mischievous Attempts might be most Speedily and Effectually prevented wherein the Honour Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby Declare That they do intend to serve his Majesty with their Lives and Fortunes for the Suppressing of this Wicked Rebellion in such a way as shall be thought most Effectual by the Wisdom and Authority of Parliament And thereupon have ordered and provided for a present Supply of Moneys and raising the number of 6000 Foot and 2000 Horse to be sent from England being the full proportion desired by the Lords Justices and his Majesties Councel Resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for his Majesties Faithful Subjects in that Kingdom with Stores of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be Transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol West-Chester and one other in Cumberland where the Magazines and Store-Houses shall be kept for the Supply of the several Parts of Ireland They have likewise Resolved to be humble Mediators to his Majesty for the Encouragement of those English or Irish who shall upon their own Charges raise any number of Horse or Foot for his Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits and for the inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow his Majesties Gracious Pardon to all such as within
a full and just satisfaction for the same do hereby declare That this said Sum of 50000 l. lent for the Irish Affairs and the Sum of 50000 l. more lent by the said City unto the Peers attending His Majesty in the Northern Parts before the beginning of this present Parliament and such other Sums lent by the said City unto this Parliament which are not yet paid or otherwise secured shall be fully satisfied and repaid unto the said City of London with Interest after the rate of 8 l. per cent for a Year out of such Moneys as are or shall be raised by Authority of Parliament and for that purpose will Exhibit a Bill and become humble Suiters to His Majesty that the same may be passed with all Expedition Provided always that this present Declaration shall not be in any wise prejudicial to any Members of the said House of Commons who have formerly lent any Sums of Money to this Parliament nor to the Northern Counties nor to any persons whatsoever to whom the Houses of Parliament or the House of Commons have formerly Ordered the Payment of any Sums of Mony nor to any security given to them before the making of this Declaration Mr. The Commons Reasons for the Continuance of Guards Pym presents from the Committee the Reasons of both Houses of Parliament for the continuance of a Guard viz. 1. The great numbers of disorderly suspicious and desperate Persons especially of the Irish Nation lurking in obscurâ—â— Allies and Victualling Houses in the Suburbs and other places near London and Westminster 2. The Jealousie conceived upon the discovery of the Design in Scotland for the surprising of the Persons of divers of the Nobility Members of the Parliament there which had been spoken of here some few days before it broke out not without some whispering intimation that the like was intended against divers Persons of both Houses which found more Credit by reason of the former attempts of bringing up the Army to disturb and inforce this Parliament 3. The Conspiracy in Ireland managed with so much secresie that but for the happy discovery at Dublin it had been Executed in all parts of the Kingdom upon one and the same day or soon after and that some of the chief Conspirators did profess that the like course was intended in England and Scotland which being found in some degree true in Scotland seemed the more probable likewise to be done in England 4. Divers Advertisements from beyond the Seas which came over about the same Time that there would be a great alteration in Religion in England in a few days and that the necks of both the Parliaments should be broken 5. Divers Examinations of dangerous Speeches of some of the Popish and discontented party in this Kingdom 6. The secret Meetings and Consultations of the Papists in several Parts their frequent Devotions for the prosperity of some great Design in hand These several Considerations do move the Parliament to desire a Guard under the Command of the Earl of Essex and they do conceive there is just Cause to apprehend that there is some wicked and mischievous practice to interrupt the peaceable proceedings of the Parliament still in hand for preventing whereof it is fit the Guards should be still continued under the same Command or such other as they should chuse But to have it under the Command of any other not chosen by themselves they can by no means consent to and will rather run any hazard then admit of a Precedent so dangerous both to this and to future Parliaments And they humbly leave it to His Majesty to consider whether it will not be fit to suffer his High Court of Parliament to enjoy that Priviledge of providing for their own safety which was never denied other inferior Courts And that he will be pleased graciously to believe that they cannot think themselves safe under any Guard of which they shall not be assured that it will be as faithful in defending His Majesties safety as their own whereof they shall always be more careful then of their own Among all these Reasons here is not one word of Beal the Taylors Discovery of the 108 Men which for 40 s. apiece were to do such strange things it seems by this time they found it an incredible Story and it is very probable that if the other grounds of their fears did not proceed from their own Quiver yet if they had Examined them they would have found them as frivolous as that or the Scotch Design against Hamilton and Arguile which upon the strictest Scrutiny would not afford more proof then to make a noise about the Streets of Plots against the Parliament the better to incite the unruly Multitude to Tumults and Insurrections which they now began to raise again to cry out No Bishops and with unheard of Insolence to affront His Majesty and whoever was Loyal But the King having Ordered them a Guard of the Trained Bands they were so displeased not at the thing for they had made use of them before but at His Majesties appointing them that it was Ordered in the House of Commons That the Guard should be dismissed and without giving His Majesty an Account or presenting him with the Reasons above recited the very same day Mr. Glyn and Mr. Wheeler were Ordered to require the High Constable of Westminster to provide a strong and sufficient Watch in their stead But to make a little flourish of Loyalty and tenderness for the King's Honour and Reputation it was this day Ordered That a Declaration be drawn for clearing His Majesties honour from false Reports cast upon him by the Rebels in Ireland and a Provision to be made Order for a Declaration to clear the Kings Honor from the Scandals of the Irish Rebels that there may be no Conclusion of that War to the prejudice of this Kingdom There might be malice even in this seeming kindness for whilst they pretended to vindicate His Majesties Honour they divulged the Scandal to the whole Nation and by their subsequent Actions and Declarations which within a little while after they published to improve the belief of that Scandal one would think they intended to prepare the way for it by this plausible pretence of a Vindication And most certainly they could intend him no real Reparation when themselves were this Day resolved to defame his Government from the very beginning of his Reign by that Scandalous Remonstrance of the State of the Kingdom for this very Day Mr. Pym Sir Symon D'Ewes The Names of the Committee who were appointed to deliver the Remonstrance Sir Arthur Ingram Sir John Thyn Sir Henry Bellasis Lord Gray Sir Christopher Wray Lord Fairfax Sir Ralph Hopton Sir Richard Winn Sir John Corbet Sir Edward Deering and Sir Arthur Haslerig were Ordered to wait upon his Majesty what time he appoints with the Petition and Declaration and indeed all their Actions seemed to carry Fire in one Hand and
so impudent as to tell his Majesty that we have done nothing for him As to the Second Branch of this slander we acknowledge with much thankfulness that his Majesty hath passed more good Bills to the advantage of the Subjects then have been in many ages but withal we cannot forget that these venemous Councils did manifest themselves in some endeavours to hinder these good Acts and for both Houses of Parliament we may with truth and modesty say thus much That we have ever been careful not to desire any thing that should weaken the Crown either in just profit or useful power The Triennial Parliament for the matter of it doth not extend to so much as by Law we ought to have required there being two Statutes still in force for a Parliament to be once a year and for the manner of it it is in the Kings Power that it shall never take effect if he by a timely Summons shall prevent any other way of assembling In the Bill for continuance of this present Parliament there seems to be some restraint of the Royal Power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion only which was so necessary for the Kings own security and the publick Peace that without it we could not have undertaken any of these great charges but must have left both the Armies to disorder and confusion and the whole Kingdom to Blood and Rapine The Star-Chamber was much more fruitful in Oppression then in profit the great Fines being for the most part given away and the rest stalled at long times The Fines of the High Commission were in themselves unjust and seldome or never came into the Kings Purse These four Bills are particularly and more specially instanced in the rest there will not be found so much as a shadow of prejudice to the Crown They have sought to diminish our reputation with the people and to bring them out of love with Parliaments the aspersions which they have attempted this way have been such as these that we have spent much time and done little especially in those Grievances which concern Religion That the Parliament is a burthen to the Kingdom by the abundance of Protections which hinder Justice and Trade and by many Subsidies granted much more heavy then any they formerly endured to which there is a ready Answer if the time spent in this Parliament be considered in relation backward to the long growth and deep root of those Grievances which we have removed to the powerful supports of those Delinquents which we have persued to the great necessities and other charges of the Commonwealth for which we have provided or if it be considered in relation forward to many advantages which not only the present but future Ages are like to reap by the good Laws and other Proceedings in this Parliament we doubt not but it will be thought by all indifferent judgments that our time hath been much better imployed then in a far greater proportion of time in many former Parliaments put together and the charges which have been laid upon the Subject and the other inconveniencies which they have born will seem very light in respect of the benefit they have had and may receive And for the matter of Protections the Parliament is so sensible of it that therein they intend to give them whatsoever ease may stand with Honour and Justice and are in a way of passing a Bill to give them satisfaction They have sought by many subtile practices to cause Jealousies and divisions betwixt us and our Brethren of Scotland by slandering their proceedings and intentions towards us and by secret endeavours to instigate and incense them and us one against another They have had such a Party of Bishops and Popish Lords in the House of Peers as hath caused much opposition and delay in the Prosecution of Delinquents and hindred the Proceedings of divers good Bills passed in the Commons House concerning the reformation of sundry great abuses and corruptions both in Church and State They have laboured to seduce and corrupt some of the Commons House to draw them into Conspiracies and Combinations against the Liberty of the Parliament And by their instruments and Agents they have attempted to disaffect and discontent his Majesties Army and to engage it for the maintenance of their wicked and Traiterous Designs the keeping up of Bishops in Votes and Functions and by force to compel the Parliament to order limit and dispose their proceedings in such manner as might best concur with the intentions of this dangerous and potent Faction And when one mischievous Design and Attempt of theirs to bring on the Army against the Parliament and the City of London had been discovered and prevented they presently undertook another of the same damnable Nature with this Addition to it to endeavour to make the Scottish Army neutral whil'st the English Army which they had laboured to corrupt and invenome against us by their false and slanderous suggestions should execute their Malice to the subversion of our Religion and the dissolution of our Government Thus they have been continually practising to disturb the Peace and Plotting the Destruction even of all the Kings Dominions and have employed their Emissaries and Agents in them all for the promoting of their Devilish Designs which the vigilancy of those who were well affected hath still discovered and defeated before they were ripe for Execution in England and Scotland only in Ireland which was farther off they have had time and opportunity to mould and prepare their work and had brought it to that perfection that they had possessed themselves of that whole Kingdom totally subverted the Government of it rooted out Religion and destroyed all the Protestants whom the conscience of their duty to God their King and Country would not have permitted to joyn with them if by Gods wonderful providence their main enterprize upon the City and Castle of Dublin had not been detected and prevented upon the very Eve before it should have been executed Notwithstanding they have in other parts of that Kingdom broken out into open Rebellion surprized Towns and Castles Committed Murders Rapes and other Villanies and shaken off all bonds of obedience to his Majesty and the Laws of the Realm and in general have kindled such a fire as nothing but God's Infinite Blessing upon the wisdom and endeavours of this State will be able to quench it and certainly had not God in his great Mercy unto this Land discovered and confounded their former Designs we had been the Prologue to this Tragedy in Ireland and had by this time been made the lamentable spectacle of Misery and Confusion And now what hope have we but in God when as the only means of our subsistence and Power of Reformation is under him in the Parliament but what can we the Commons without the conjunction of the House of Lords and what
Manner how full of Advantage it would be to himself to see his own Estate setled in a plentiful Condition to support his Honor to see his People united in Wayes of Duty to him and indeavours for the Publick Good to see Happiness Wealth Peace and Safety derived to his own Kingdom and procured to his Allies by the Influence of his own Power and Government That all good Courses may be taken to unite the two Kingdoms of England and Scotland to be mutually Aiding and Assisting one another for the common Good of the Island and the Honor of both to take away all Differences among our Selves for Matters indifferent in their own Nature concerning Religion and to unite our selves against the Common Enemies which are the better enabled by our Divisions to destroy us as they hope and have often indeavoured to labor by all Offices of Friendship to unite the Foreign Churches with us in the same Cause and to seek their Liberty Safety and Prosperity as bound thereunto both by Charity to them and by Wisdom for our own Good For by this means our Strength shall be increased and by a mutual concurrence to the same common end we shall be enabled to procure the good of the whole Body of the Protestant Profession If these things may be observed we doubt not but God will Crown this Parliament with such Success as shall be the Beginning and Foundation of more Honour and Happiness to his Majesty then ever yet was enjoyed by any of his Royal Predecessors A Habeas Corpus was this day also Ordered to be sent down to remove one William Chorley from Lancaster Goal Thursday December 2. to be Examined of Matters of great Consequence His Majesty came this day to the House of Lords to pass the Bill for Tonnage and Poundage and being sate in the Chair of State the King gave Command to the Gentleman-Usher to give the House of Commons notice to come up who being come after three Obeysances made their Speaker made this Speech as followeth Most Dread Sovereign THe Observation taken from the unlike Compositions The Speakers Speech at the Passing the Bill for Tonnage and Poundage Dec. 2. 1641. and various Motions of the World made the Philosophers conclude Tota hujus Mundi Concordia ex Discordibus constat The happy Conjuncture of both these Nations in the Triumph and Joy of your Sacred presence extracted from the different and divided Opinions give us cause to observe and admire these blessed Effects from such contrary Causes We may without Flattery commend your Sacred Majesty as the glorious Instrument of this happy Change whose Piety and Prudence directed by the hand of God hath contracted this Vnion from those various discords * * Most undoubtedly Especially that Rebellion should be esteemed Loyalty and the Ruin of the Church a Reformation The story of these times will seem Paradoxes in following Generations when they shall hear of Peace sprung from the Root of Dissention of Vnion planted upon the stock of Divisions two Armies in the Field both ready to strike the first blow and both united without a stroke Nothing can reduce these Truths into a belief but the knowledge of your Piety and Justice who have accomplished these Acts of Wonder by Goodness and Gentleness without Force or Violence This way of Conquest this Bellum Incruentum hath been the Rule of the most Valiant and Puissant Monarchs advancing Your Glory in the safeguard of one Subject more then in the Death of a Thousand Enemies Thus have you Erected a Monument of Glory to your Sacred Memory for all Generations And as your Care and Piety for the welfare of your Northern Kingdom called you to that Work for the great Comfort of your People which your wisdom hath so happily consummated so now the Distemper of your other Kingdom fomented by the same Spirit whose presence admits no Peace in Israel calls on your Providence to heal the Diseases of that Nation The one from whence you returned hath with Abel though the younger Brother offered an acceptable Sacrifice the other with Cain hath Erected Altars of Blood and Revenge the Innovations of Jesuitical Priesthood which Invokes the necessity of your Justice the one to a Natural hath added a Politic Brotherhood the other of Brothers I am sorry to say it are become Strangers The Fidelity of the one hath written a story of Admiration to the World the Disloyalty of the other hath Parallel'd that horrid Design matchless before amongst all Generations first their Intentions the destruction of a Kingdom even when Vnity and Peace was tying the knot of Religion and Safety In the Discovery a moment of time prevented the Execution In the Actors Jesuits and Priests without whom the malice of the Devil could not have found a Party in the World fitted to act over the like bloody Tragedy But this among our many Joys we receive by your happy return is not the least That that Providence which protected that Gracious King your most Religious Father from their bloody attempts and encreased the blessing of a long and happy Reign hath also defended your Sacred Throne from all their Machinations Thus we see Religion is the greatest Policy the never-failing support of King and Kingdom that which firms you and your Posterity to your Throne and our Duty and Obedience to it Give me leave here most Gracious Sovereign to sum up the sense of 11 Months Observation without intermission scarce of a day nay an hour in that day to the hazard of Life and Fortune and to reduce all into this Conclusion The endeavours of Your Commons Assembled guided by Your Pious and Religious Example is to preserve Religion in its Purity without Mixture or Composition against these subtile Invaders and with our Lives and Fortunes to Establish these Thrones to your Sacred Person and those Beams of Majesty Your Royal Progeny against all Treason and Rebellion The Way that conduces to this End are the Defence of the Land and Sea for the one we have already Voted to raise Mony for the other this Bill in some Measure will accomplish for a little time and to that end I by the Command of the Commons humbly beseech Your Royal Assent This being done the Bill was passed by His Majesty according to the usual and accustomed Form Then the King made this ensuing Speech My Lords and Gentlemen I Think it fit The King's Speech after his Return from Scotland Dec. 2. 1641. after so long absence at this first occasion to speak a few words unto you But it is no ways in Answer to Mr. Speaker's Learned Speech Albeit I have stayed longer than I expected to have done when I went away yet in this I have kept my promise with you that I have made all the haste back again that the setling of My Scotch Affairs could any ways permit In which I have had so good success that I will confidently affirm to you that I have
Knights Citizens and Burgesses of the Commons House of Parliament The Humble Petition of sundry Ministers intrusted to Sollicite the Petition and Remonstrance formerly Exhibited to this Honourable House and many of their Brethren Most Humbly Sheweth THat the Petitioners do most thankfully value The Petition of the Remonstrating Ministers Dec. 20. 1641. and heartily acknowledge the indefatigable Pains and Piety of this Honorable Assembly manifested in very many things of high Concernment for the Glory of God the Honor of the King the Purging of the Church and the Safety and Prosperity of this and the rest of His Majesties Kingdoms but more especially in procuring that publick Fast at your first Sitting which hath prevented many Mischiefs and drawn down many Blessings upon the Kingdom ever since in your Zeal and Courage for the True Religion professed among us against all Popish Idolatry and Superstitious Innovations expressed by your Religious Protestation and Vow * * And discountenancing the publick Liturgy and the most indispensible Duty of Praying to make room for this Seditious Preaching In countenancing the Sacred Ordinance of Preaching after long and deep contempt cast upon it by too many who had almost Exiled it from divers Parts of this Kingdom In incouraging painful and godly Ministers formerly set aside and now again profitably imployed in many Congregations greatly needing them In discountenancing bold and unmeet Men that without sufficient calling have presumptuously intruded into that Holy Office as also of all Vnworthy and Scandalous Ministers that have been Convented before you In accepting a former Petition and Remonstrance from the Petitioners taking the same into your grave Consideration and vigorously prosecuting some part thereof In freeing divers godly Ministers out of Prison and Exile and many others from heavy Censures unjustly inflicted In preventing the utter Ruin of the Petitioners and of many more by breaking that wicked Yoak of the late pernicious Oath and Canons justly branded by both Houses of Parliament and by taking away the late dreadful Tyranny of the High-Commission Court and other illegal heavy pressures of the rest of the Courts Ecclesiastical In your worthy Orders for removing of all Illegal Rites and Ceremonies superstitious and scandalous Images and Pictures and other Innovations out of all Churches and Chappels In your prudent happy and timely re-uniting without spilling of Christian Blood the two Kingdoms of England and Scotland in a firm and Religious Peace unhappily disturbed to the apparent endangering of both in your honourable endeavours to relieve and rescue our distressed Brethren in Ireland from the barbarous Outrages and Butcheries of the Popish Rebels there In your constant Vigilancy to discover and defeat the many desperate and devilish Conspiracies against the King Parliament and the Kingdom plotted by Papists and their Malignant adherents implacable Enemies to our Religion and Peace together with all your excellent Labours for Reforming and settling the Affairs of the Common-wealth whereof the Petitioners do also with others Enjoy the comfort and the large and blessed Hopes given to the Petitioners of your further indeavours for perfecting the Reformation of Religion and the Church according to the necessity thereof in a Way best becoming the Honour of such a Grave and Religious Body All of which do much Encourage them to pour out their Souls in all possible thankfulness to God for you and to put up more fervent Prayers publiquely and privately upon all occasions in your behalf at the Throne of Grace But so it is That whereas your Petitioners did in their former Petitions represent unto you divers unsufferable Grievances arising from sundry Invasions made upon the publick Doctrine of this Church from some mixtures and blemishes in the publick Worship of God by Law Established as well as from sundry gross Innovations and Superstitions iâ— Rites and Ceremonies without Law introduced from many Exorbitancies and unsupportable Vsurpations in Ecclesiastical Government and from the scandalous defect of Ministers maintenance in too many places All of which do yet remain in greatest part unremoved by reason of your many necessitated diversions from this great work for the preservation of the very Being of this Kingdom and by means hereof many distractions and disorders about matters of Religion and the Church have to the great scandal and grief of the Petitioners happen'd and are still continued which puts them upon a necessity of renewing their former Suit for redress of the aforesaid Evils and for removing whatever shall appear to your Wisdom to be the Root and Cause of them And whereas further the Petitioners and very many others in whose name and behalf they now humbly supplicate desirous in all things to submit to the Laws so far as possibly they may yet meerly out of tenderness and scruple of Conscience dare not continue as formerly they did the Vse and Exercise of some things as now they-stand injoyned not only because they have more seriously weighed the Nature and Scandal of them and that sundry Bishops and other grave Divines called to their assistance by Order of the House of Peers have as they are informed discovered divers particulars needing alteration in the Liturgy and the Vse thereof and that there is not as they humbly conceive at this day commonly extant any Book of Common Prayer without so many Variations Alterations and Additions as render it in many Parts another thing from that which was by Law Established but chiefly because you also have vouchsafed to be so far sensible of the Defects thereof and of the just Scruples of the Petitioners thereabout as to take the Reformation thereof under Consideration which they hoped would be some shelter against the strict pressing the Vse of it till your pleasure upon the full Debate thereof had been declared in a Parliamentary Way for that it seems most equal that the Consciences of Men should not be forced upon that which a Parliament it self holds needful to consider the Reformation of and give Order in till the same be accordingly done And the Petitioners having been comfortably assured of some ease therein do now to their great sorrow apprehend that the same things are anew reinforced which contrary to the blessed Inclination and Intention of His Gracious Majesty may occasion much trouble and vexation to sundry worthy and peaceable Ministers which the Petitioners have more cause to fear because sundry of their Brethren have since the beginning of this Parliament been Indicted upon the Statute of 1 Eliz. 2. And others threatned for bare omissions of some things complained of to this High Court and still depending before you whiles in divers places your Religious Orders necessarily made and published for removing of things illegal are not observed and in other places where superstitious Rites and Practices had by virtue thereof been laid aside the same are again called back and re-practised without any Check or Animadversion And because the Premisses are of extraordinary Consequence and cannot receive a perfect Cure
Holiness and love of Sin Will work their destruction which now doth begin Their Curbing the Gospel will kill their own growth Go Toll the Bell for them and eke for their Broth. Nor were they who pretended to be Poets on the other side idle but pelted them with Rolands much like the others Olivers I will give the Reader but Two or Three Stanza's of a Litany month January 1641. lest I surfeit him of this sort of Mechanick Wit which yet wanted not Truth From all dissembling Sep'ratists and those That snuffle their unlearned Zeal in Prose As if the way to Heaven was through the Nose Libera nos c. From those that dare work ill in every Season And are so far from Sanctity or Reason They dare believe there 's Piety in Treason Libera nos c. From them which nothing but false Rumors Rear And likewise those which lend such Men an Ear Who publish for a Truth all which they hear Libera nos c. From those indiff'rent Men that know no Guide Who are from their Allegiance so wide That come what will they 'l take the strongest side Libera nos c. But the number of the Malicious and Seditious Pamphlets did far exceed those that had any thing honest in them And how trivial soever such things may appear yet it is incredible what mischief they do and what Impressions they make upon the credulous Vulgar and it may be a piece of Policy not misbecoming the wisest States-men to obviate such Arts as seeming little yet are of such universal dangerous influence upon the lower Ranks of People whose hands act those mischiefs which the more cunning heads of the Faction contrive and I know not any one thing that more hurt the late King then the Paper Bullets of the Press it was the Scandalous and Calumniating Ink of the Faction that from thence blackned him and represented all his Words and Actions to the misguided People who would difficultly have been perswaded to such a horrid Rebellion if they had not been first prepossessed by the Tongues and the Pens of the Faction of strange and monstrous Designs which they said the King and his evil Councellors the Bishops and Malignants who were all by these Pamphlets stiled Papists and Atheists had against their Lives Liberties and Religion But I crave the Reader 's pardon for this seeming digression and now let us pursue our Voyage through this Tempestuous New Year The King that the whole World might see how sollicitous he was in every thing for the deplorable State of Ireland which the Faction were so far from relieving in good earnest that they were angry at the beating up of Drums for Volunteers for that Service issued out his Royal Proclamation for the suppressing of those Rebels as follows By the KING A Proclamation for the suppressing the Rebellion in Ireland Jan. 1. 1641. WHereas divers lewd and wicked Persons have of late risen in Rebellion in Our Kingdom of Ireland surprized divers of Our Forts and Castles possessed themselves thereof surprized some of Our Garrisons possessed themselves of some of Our Magazins and Munition dispossessed many of Our Good and Loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many thousands of Out good Subjects of the British Nation and Protestants of their Goods to great Values Massacred Multitudes of them imprisoned many others and some who have the Honor to serve Vs as privy Counsellors of that Our Kingdom We therefore having taken the same into Our Royal consideration and abhorring the wicked Disloyaity and horrible Acts committed by those Persons do hereby not only declare Out just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of Our good Subjects in that Kingdom to be Rebels and Traitors against Out Royal Person and Enemies to Our Royal Trown of England and Ireland And We do hereby strictly Charge and Command all those Persons who have so presumed to rise in Arms against Vs and Our Royal Authority which We cannot otherwise interpret then Acts of High Rebellion and detestable Disloyalty when therein they spoil and destroy Out good and loyal Subjects of the British Nation and Protestants that they do immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail We do let them know That We have Authorized Our Iustices of Ireland and other Our Chief Governor or Governors and General or Lieutenant General of Our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Dissoyalty against Vs their Lawful and undoubted King and Sovereign have made themfewes unworthy of any Mercy or Favour wherein Our said Iustices or other Chief Governor or Governors and General or Lieutenant General of Our said Army shall be countenanc'd and supported by Vs and by Our powerful Succors of Our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the blessing of God that Kingdom hath so long and so happily injoyed under the Government of Our Royal Father and Vs and this Our Royal Pleasure We do hereby require Our Iustices or other Chief Governor or Governors of that Our Kingdom of Ireland to cause to be publish't and Proclaimed in and throughout Our said Kingdom of Ireland Given under Our Signet at Our Palace at Westminster the first day of January in the Seventeenth Year of Our Reign 1641. God save the King The King at his last being in Scotland Munday January 3. had gained Informations there of the secret Intrigues of the Faction and their Contrivances to promote the Scottish Invasion and Rebellion and that they were Meditaâ—ing the same Course in England And therefore this day the Lord Keeper Signified to the House of Lords That he was commanded by the King to let their Lordships know that his Majesty hath given Mr. Attorney General Command to Acquaint their Lordships with some Particulars from him Hereupon Mr. Attorney standing at the Clerks Table said That the King had Commanded him to tell their Lordships that divers Great and Treasonable Designs and Practices against him and the State have come to his Majesties knowledge for which the King hath given him Command in his Name to Accuse And did Accuse six Persons of High Treason and other High Misdemeanors by delivery of the Articles in Writing which he had in his hand which he received from his Majesty and was Commanded to desire your Lordships to have it read In which Articles the Persons Names and the Heads of the Treason were contained Which Articles were Commanded to be read and were in these words Articles of High Treason and other High Misdemeanors against the Lord Kymbolton Mr. Denzil Hollis Sir Arthur Hasterigg
open Rebels of mere Irish but the Natives Men Women and Children joyn together and fall on their Neighbours that are English or Protestants and Rob and Spoil them of all they have nor can we help it for want of Men Arms and Money being fearful to separate too farr the little Strength we have here in Dublin lest we be besieged and yet we have bin necessitated this Day to send some of those we could hardly spare to deliver some of the King's Subjects in the County of Wickloe likewise to send some to Drogheda for addition of Strength so as in the mean time we must indure those publick Affronts to be put upon us Yet if the 10000 Foot and 2000 Horse which are to come from England and the 10000 Men which are to come from Scotland be sent us immediately with 200 thousand Pounds in Money and Arms to arm more Men here we conceive some hope to overcome even this next Summer this Rebellion with Honor to his Majesty and future safety to the Kingdom but if those Succors be not totally sent but lessened then the War will be drawn out into a length of time which will be more troublesom and chargeable to England and less comfortable to the good Subjects here We beseech your Lordship to send some Ingineer hither as soon as conveniently may be we being here in great want of such We also pray That the Shipping intended for guarding these Coasts may be hastned away we finding great Cause of Doubt by several Examinations taken that the Rebels expect Aids from Forraign Parts both of Men and Arms. And lastly We beseech your Lordship that all Noblemen and Gentlemen who have Estates in this Kingdom and are now in England may be commanded away hither to partake in the labor of Keeping as they have hitherto injoyed the Fruit of having those Estates After the Prorogation of the Parliament several Members of both Houses were deputed by Commission under the great Seal and accordingly had Instructions from the Lords Justices to treat with the Rebels but their little Successes and the ill Destiny which hung over their Heads rendred them so Insolent that those Indeavors proved fruitless and ineffectual to that Degree that in Contempt and Disdain of the Offers of Peace they tore the Order of Parliament and the Letter that was sent unto them Matters growing every day more desperate the Lords Justices and Council addressed themselves to the Speaker of the Commons House in England to press the performance of the necessary Relief which had been so often promised from thence The Letter was in these Terms SIR THe Advertisements we have from the Lord Lieutenant of this Kingdom A Letter from the Lords Justices and Council to the Speaker of the Commons House in England 27 Nov. 1641. and from you of the continued Care expressed by that Honorable House for the deliverance of this Kingdom and his Majesties faithful Subjects therein from the present Calamities under which we now groan have brought unto us great Comfort and inward Contentment And therefore we crave leave to acknowledg with all Thankfulness the great Wisdom and Piety therein manifested by that Honorable House to the preservation of God's true Religion the Glory of his Sacred Majesty the Honor of that Nation and the prepetual Comfort of all his Majesties faithful Subjects It yet remains that all possible Speed be used in hastning unto us the Succors designed for us lest otherwise they come too late to derive to this Kingdom the benefit intended them by that Honorable House and so We remain From his Majesties Castle of Dublin 27 November 1641. Your very assured loving Friends William Parsons La. Dublin J. Dillon Adam Loftus Ja. Ware Ormond Ossory Ant. Midensis Go. Shurley John Borlase R. Dillon Cha. Lambert J. Temple Robert Meredith Whilest the Rebels thus daily increased in Success and consequently in strength and Numbers and that Supplies were very slowly advanced in England Earl of Ormond made Lieutenant General of the Army in Ireland and the Earl of Leicester designed by his Majesty for that Government made no great hast the slowness of the Parliaments Preparations indeed not permitting him to repair to that important and now dangerous and now troublesome Charge he by the King's Approbation made the Earl of Ormond Lieutenant General of the Army and accordingly sent him a Commission to that purpose And doubtless both his Quality and great Interest in that Nation and a Fidelity to the Crown of England drawn down from so long a discent of Illustrious Ancestors of most approved Loyalty as well as the particular esteem which the Wise and Noble Earl of Strafford had entertained of his promising Merits gave his Majesty a full Assurance and Satisfaction in that Choice which as afterwards those greater Trusts which his Majesty was pleased to confer upon him he discharged with that extraordinary Prudence Courage and matchless Loyalty as will for ever set his Reputation and Honor among the Chief of those great Names who have been transmitted to Posterity both for their brave and Generous Actions and admirable Constancy in suffering all the Miseries of an adverse Fortune rather than comply with such terms as might blemish and fully their Memories with the least stain of disloyalty or infidelity to their Religion Prince and Country as the Part which his Lordship had both in the better and more sinister Fortune of his King and Country will in the Ensuing History make most evident His Lordship being vested in this Command made all the application he was capable of and the narrow Circumstances of Affairs would then admit to put things into a Posture to oppose the Rebels and accordingly Levies of Men were made at Dublin and divers of the poor people who from all Parts came flocking thither for Sanctuary being dispoiled by the Rebels were formed into Companies and Regiments but they were a sort of raw unexperienced and dispirited Men and not likely to prove good Souldiers in so short a time as the Event justified For the Rebels under the Command of Sir Phelim O Neal drawing down towards Tredagh upon which Place they had fixed their chief Design the Lords Justices upon Information from Sir Henry Tichburn the Governor there resolved to send a re-inforcement to that Garrison which was a Place of such Importance as that upon the preservation or loss thereof depended in a great measure the Fate of the whole Kingdom Accordingly 600 Foot under the Command of Major Roper and a Troop of Horse under the command of Sir Patrick Weames were immediately ordered to March for Tredagh the very day that they parted from Dublin there was an Advertisement brought to the Board that some of the Rebels Army was passed over the River Boine with an Intention to intercept them in their Passage whereupon the Earl of Ormond by Direction from the Council dispatched an Express to advertise them thereof and from thence to pass on to Tredagh and
to give Sir Henry Tichbourn notice of the approach of this intended Relief and the Design of the Rebels and to order him to take all possible Care of securing their Passage Which Sir Henry by the same Messenger gave his Lordship assurance he would not fail to do and accordingly that very Day he marched out with a considerable Party to meet them but these loose and ill disciplined Men not used to Military Affairs took up their Quarters at Batruby eight Miles short of Tredagh by which means he missed of joyning them that Night The next Day they continued their March but in a disorderly way The English going to relieve Tredagh defeated till they came to Julian's Town where the Rebels having notice from the Lord Gormanston as Sir John Temple from Mr. Creightston's Examination affirms were drawn up to intercept them and by reason of a Mist which then fell and through the negligence of the Scouts who were sent out to give Intelligence they were got within Musket Shot of the Enemy before they discovered them The Major however drew them up presently into what Order he could and they were in a Place of great advantage but a Lieutenant unfortunately giving out the Word Counter-march and thereupon the Men facing about in some Disorder the Rebels gave a hideous Shout and immediately charged them Which with their own fear unaccustomed to the dreadful Face of War put them into such Confusion that they could not be persuaded to make one Charge but throwing down their Arms they every Man fled and gave the Rebels an Easy though considering the Number a bloody Victory for of the whole Party only Sir Patrick Weames with the Horse the Major and 2 Captains with about 100 Men escaped to Tredagh the other three Captains with all the rest of the Soldiers except such as were Irish being there cut off and all the Arms Ammunition and Carriages being also taken by the Rebels This unfortunate Blow as it gave great incouragement to the Rebels so it did extremely deject the Spirits of the English and Protestants but to inliven them a little Sir Charles Coot who with a commanded Party was sent out into the County of Wicklow to repress the Insolencies of the Brins and Tooles who ravaged that Country committing many Depredations and Murthers upon the Protestants meeting with Luke Toole with a thousand Irish under his Command he set upon him and quickly routed them obliging him and his Men to take the Sanctuary of an Irish Bogg for his Security At Wicklow he caused some of those who were accused of the Spoiles and Robberies there to be Executed which the Rebels took for a Pretence to Revenge by the Murder of many Protestants which fell into their Hands About this time there arrived 20000 l. in pieces of Eight 20000 l. arrives out of England which went currant for 4d more in a piece then in England which was a very seasonable Supply and gave some Life and Spirit to the drooping Affairs of the Protestants and enabled the Government to carry on the Levies The King sends Mony and Arms to Ireland from Scotland with which they were now in Hand his Majesty also assisted by the Duke of Richmond had caused such Proportions of Arms and Ammunition with all the Money he could spare to be conveyed out of Scotland with Commissions to Sir Robert Steward and other Persons of Quality in the North of Ireland to give the Rebels a diversion on that side But the Rebels had set their Rest upon the taking of Tredagh and therefore quitting the North with the greatest of their Forces they drew down towards that Place But in their March thither Sir Phelim O Neil and Sir Con Mac-gennis made an Attempt upon Lisnegaruy where Sir Arthur Terringham who commanded a small Party of 400 Foot and was assisted by the Lord Conwayes and part of Captain St. John's Troop to the number of 380 Horse The Rebels repulsed at Lisnegaruy by Sir Arthur Tirringham gave them such warm Entertainment that they were repulsed with considerable loss both of Men and Reputation leaving six of their Colours and many of their Rebellious Adherents slain upon the Place without any considerable loss on the Protestants Side more then of Captain Boid and Captain St. John who fell in the Field of Honor with some private Soldiers and some few others who were wounded in the Incounter And before they sate down before Tredagh a Party of 1300 Foot besieged Mellifont the Lord Moore 's House where were only 24 Musketeers and 15 Horse who bravely defended the Place till their Ammunition was spent and then the Horse setting open the Gate made their way through the Enemy in despight of their Opposition and came safe to Tredagh and the Foot yielded upon Promise of fair Quarter which was but ill kept by the Rebels who killed some of them in cold Blood stripped the rest and Plundered the House carrying away whatsoever was of any Use or Value And now the Lords and Gentlemen of the Pale seeing the Success of the Northern Rebels and the little Force that was raised in Ireland or brought over from England to oppose them began to falter in their Loyalty also and under the pretence of Fears and Jealousies the Common Ingredients of Rebellious Designs to stand upon their Guard and to give too just Suspitions to the Government that they would rather joyn with the Rebels then assist to the Suppressing them The Lords Justices and Council therefore resolving to try them sent this Letter to them AFter our very hearty Commendations to your Lordship A Letter from the Lords Justices and Council to the Irish Lords of the Pale for as much as we have present occasion to confer with you concerning the present State of the Kingdom and the safety thereof in these times of danger We Pray and require your Lordship to be with us here on the 8th day of this Month at which time others of the Peers are also to be here And this being to no other end we bid your Lordship very heartily farewell From his Majesties Castle of Dublin the third day of December 1641. Your very Loving Friends Will. Parsons Jon. Borlase Ormond Ossery Ant. Midensis R. Dillon Ad. Loftus Ge. Shirley J. Temple Rob. Meredith To our very good Lord George Earl of Kildare The like Letters were the same day dispatched to the Earl of Antrim Earl of Fingale Viscount Gormanston Viscount Netervile Viscount Fitz-William Lord Trimblestone Lord Dunsany Lord Slane Lord of Hoath Lord Lowth Lord Lambert But the Lords of the Pale who had been already Treating with the Northern Rebels and therefore looked upon this as an artifice to ensnare them durst not adventure themselves to Dublin but Summoning an Assembly at the Hill of Tarah the Lord Gormanston brought thither an Answer ready drawn which being read and approved of was Signed by the Lords present and sent away the Copy whereof was as followeth
were disabled from making that Place a Nest of Pyrats and from giving Disturbance to the Haven of Dublin as was feared Of these Occurrances and the Deplorable condition to which they were then reduced being on all hands Surrounded with Arms and Dangers and ill-assured of the Fidelity of the Inhabitants of the City of Dublin the Board gave a large account to the Earl of Leicester Lord Lieutenant of Ireland in this ensuing Letter May it please your Lordship BY your Letters of the third of December we made known to your Lordship A Letter from the Lords Justices Council to the Lo. Lieutenant of Ireland Dec. 14th 1641. that Mr. Hawtrige was then newly arrived with the Treasure sent us from thence which came but to sixteen thousand five hundred fourscore and ten pounds a supply of Treasure far short of that which is now become necessary to perform any considerable service here against the Rebels whose numbers are increased wonderfully insomuch as the Forces they have about Drogheda on all sides it and between Drogheda and this place reaching even within four miles of this City are upon very credible report conceived to be above twenty thousand men and besides those numbers who are so united between this and Drogheda and thereabouts there are many thousands of them dispersed the whole Kingdom over for the meaner sort of people first rise generally and then those of better quality follow after and the fire which was first kindled in Vlster and lay a while smothered in other parts begins now to break out so generally as the defection now appears to be universal throughout the whole four Provinces so strangely rooted was the combination and that strengthned under the specious shew of a War for Religion for although before and since the Caution we had from your Lordship We have on our part endeavoured not to give any apprehension to the Irish that England doth intend to make it a War of Religion yet as we formerly made known to your Lordship the Rebels labour mainly to have it so understood Nay they now go so far as they call themselves generally the Catholick Army a Title which hath drawn many thousands to their party and yet many joyned with them for no other reason than because they saw our Succours expected forth of England and Scotland deferred they rightly judging that without those Succours we are not able to defend them our selves and indeed until those Succours come they must and will still encrease but if our men and arms were once arrived the very countenance of their coming would draw many from them to us and give stop to the fury with which they yet carry all before them whither soever they come They continue their rage and malignity against the English and Protestants who if they leave their goods or cattel for more safety with any Papists those are called out by the Rebels and the Papists goods and cattel left behind and now upon some new Councils taken by them they have added to their former a farther degree of cruelty even of the highest nature which is to proclaim That if any Irish shall harbour or relieve any English that be suffered to escape them with his life that it shall be penal even to death to such Irish and so they will be sure though they put not those English actually to the Sword yet they do as certainly and with more cruelty cut them off that way than if they had done it by the Sword and they profess they will never give over until they leave not any seed of an English-man in Ireland Nor is their malice toward the English expressed only so but further even to the Beasts of their fields and improvements of their hands for they destroy all Cattel of English breed and declare openly that their reason is because they are English so great is their hatred not only to the persons of the English but also to every species of that Nation and they destroy all improvements made by the English and lay waste the Habitations We formerly signified to your Lordship that to take away all jealousie from the Papists of the English Pale we would furnish them with some Arms and the rather because we well know that in the last great Rebellion in Ireland the English Pale stood firm to the Crown of England and that the Rebel Tyrone in the height of his power and greatness was never able to get into the Pale with his Forces whilest he was in Rebellion and upon this occasion the Noblemen and Gentlemen of the Pale making deep professions of their Loyalty to His Majesty in imitation of their Ancestors and with expressions seeming to abhor the Contrivers of this Rebellion here against whom they offered their power and strength so as they might have Arms and we being well assured that if we could gain their concurrence with us it would much facilitate our work we did at their earnest suit issue for them Arms for one thousand seven hundred men wherewith divers Companies were armed by them and some of themselves were appointed Governors of the Forces of the Counties and Captains of their Companies but so many of those Companies revolted to the Rebels and carryed away their Arms with them as we have recovered back but nine hundred and fifty Arms so as those whose Loyalty we had reason to expect would help us are now thorough their disloyalty turned against us and are strengthned with our own Arms and without all question if those of the English Pale had done their parts as became good Subjects with their Arms they had from us and those they might gather amongst themselves they might with our help not only have defended the Pale against the Rebels but might also have prevented the ruin and destruction wrought by their Tenants and Neighbours on the poor English and Protestants among them for the Noblemen and Gentry sate still and looked on whilest the English and Protestants were ruined before their faces the Papists in the mean time remaining secure without the loss of goods or any thing else When we saw the power and strength of the Rebels still growing upon us more and more and approaching by degrees more near to us and the English and Protestants robbed and spoiled even within two miles of this City in disdain and affront of this State which are scorns of so high a nature as we could not endure if we had strength sufficient to repress their insolencies and when we observed the retarding of our Succours of Men and Arms from England or Scotland neither of both Succours being yet come nor as we heard so much as in view there or in Scotland and when we found apparently that for want of those supplies we became in a manner so contemptible as we were in danger to be set upon for taking from us this City and Castle before our aids should come we bethought us of all the means we could of gaining time being
near behind them and who they know have murdered many of His Majesties good and innocent Subjects and for ought they know if there were not secret intelligence between them might have used them also in like manner But the truth is we conceive those Gentlemen had a mind to joyn with the Rebels and do now take up pretences to cover their disloyalty and cast Scandal on this Government The Rebels in the Pale as in other Parts have caused Masses to be said openly in the Churches expelled the Ministers from Officiating in their Churches and forced divers persons for saving their Lives and Goods to become Papists openly professing that no Protestant shall be suffered to live in Ireland and whilst they insult thus over all the English and Protestants destroying them for no other reason but for that they are Protestants and English we let fall nothing against them touching Religion and yet they feign things against us tending that way to give some colour to their cruel proceedings The Rebels of the County of Kildare have taken the Naas and Kildare in the County of Kildare The Rebels of Meath have taken Trim and Ashboy in the County of Meath and divers other places The Rebels of the County of Dublin have possessed Swoords and Rathcoole and spoyled all the English and Protestants even to the Gates of Dublin and now about Fifteen hundred of the Rebels of Wiclow are in and about Powerscait and about Ten miles from this City There are also between this and the Naas within six or seven miles of us a Thousand of the Rebels of Kildare and the Borders of Wiclow and Dublin so as we are in this City invironed by them on all sides by Land and they begin to stop accesses to us by Sea for the Fisher-men on the Sea-Coasts being all Irish and Papists Inhabitants in the Pale break out also into Rebellion with the Multitude and have robbed spoiled and pillaged even within the Bay of Dublin several Barks coming hither forth of England And if to revenge this Villany on the Fishermen at Clantarfe and thereabouts so near us we send forth a Party of Souldiers to burn and spoil those Rebels Houses and Corn the Gentlemen of the Pale will immediately take new offence but that we will adventure upon for now there is no dalliance with them who so far declare themselves against the State not caring what Scorns are put upon the Government wherein is observable That the Landlord of Clantarfe is one of those Gentlemen risen in Arms at Swoords Your Lordship now sees not only the necessity of hastening with all possible speed our Succours of Men and Arms both out of England and Scotland in greater Numbers than those at first designed seeing the breach appears to be far greater and the defection more general than at first was conceived and yet so as such of them as are ready be not forced to stay for the rest but that those may be so ordered as to come after for no flesh can imagine unless they saw it as we do the greatness of our danger who are but a handful in comparison of the multitudes risen against us And we desire that the Ten thousand designed to come from Scotland may be wholly sent away as well the Five thousand intended to be left there in readiness as the rest with direction to land as near Dublin as they may and wheresoever they Land to March to Dublin if possibly they can And to send away with all speed the Ships appointed for guarding these Coasts is also very necessary to be hastned and that two or three Ships of good Strength follow after doubtless these Rebels expect a very great Supply of Arms and Munition from Foreign Parts either Spain or France And although out of the fore-sight we had of this extremity since these Troubles began we have endeavoured to get in some Provisions of Victual and Corn yet we have not been able to provide our selves sufficiently to stand out any long Siege nor can we now get in any more our Markets being almost taken away and the Strength of the Rebels surrounding us so as we can setch in no more Provisions wherefore we beseech your Lordship that the Magazines of Victuals designed to be settled on that side may be settled with all speed if it be not done already whereby we and the Succours we expect may not be in distress of Victuals for our selves or them or Oats for our Horses Our want of Victuals is the more in respect of the daily access of the English spoyled in the Country The necessity of the defence of the Province of Munster required the immediate raising of a Regiment of Foot consisting of One thousand Men and two Troops of Horse of Threescore each Troop which Threescore we appointed the Lord President to raise and for the payment and arming of them we humbly advise seeing we cannot do it That Money and Arms be sent from thence to Youghall with a further Supply of Arms and Munition for the Stores in that Province now much wanting there And as the Rebels which have beset us and this City on all sides by Land do threaten to cut off our Market at Dublin which we begin to feel already so they boldly declare That they will within a day or two cut off the Water-Course which brings water to this City and Castle and that done That their Multitudes will immediately burn our Suburbs and besiege our Walls which we confess we yet want Strength to defend and must want till our Supplies come forth of England or Scotland or both for here we have but about Three thousand men the rest of the Old Companies being dispersed in several needful Garrisons in the Countrey excepting Seven Companies of them surprized and cut off by the Rebels at their first Rising in Vlster and other parts and about Two hundred Horse by pole of the Old Army whereof many are Irish so as considering the spaciousness of this City and Suburbs to be defended the smalness of our number to defend them and the great numbers of Papists Inhabitants in this City and Suburbs and lastly the very great Numbers of the Rebels who are so strong as to approach this City with many Thousands and yet leave many Thousands also at the Siege of Drogheda we cannot expect to be able to defend this City for any long time against them without the arrival of our expected Succours The Earl of Castle-Haven on the Tenth of this Month presented at this Board the inclosed Oath tendered unto him by the Rebels to be sworn by him which he saith he refused to swear and we hear they send it to all Parts to be tendered to the people pressing them to take the Sacrament thereupon We did lately in hope to gain some time until our Supplies might come listen to an Offer made by some Popish Priests to go to the Rebels and Treat with them as you may perceive by the inclosed But
since we find there is little hope of it for some of the Priests are returned nothing being wrought thereby However it is fit your Lordship should know what we do we must now crave leave to declare to your Lordship That things being risen here to this height threatning not only the shaking of the Government but the loss of the Kingdom as the Supplies of Men Arms and more Treasure are of great necessity to be hastned away hither so is it also needful that we enjoy your Lordships presence here for the conduct in your own person of the great and important Affairs of this State as well in the Martial as in the Civil Government which do necessarily require it in this time of great imminent danger wherein so far as we may be able to contribute any assistance with you we shall be ready to discharge our duties therein with that loyalty and uprightness of heart which we owe to his Majesty and the particular respect due from us to your Lordship but we hope you will bring that strength with you which may befit the greatness of the King our Master to send with his Lieutenant against so numerous Enemies as these Rebels are become as well for the Honour of his Majesty as for the terror of those Rebels By what we have heretofore and now humbly represented to your Lordship you may in part see the greatness of the publick danger wherein this Kingdom now stands and particularly this City and Castle the principal piece thereof that if those be lost which we now again assure your Lordship were never in so great peril to be lost since the first Conquest of this Kingdom by the Crown of England the whole Kingdom must quickly follow that the danger which must thereupon arise to the Kingdom of England is very great in many Respects There is no possibility to prevent those Evils with Honor and Safety to England but by Succors from thence or Scotland or both and that if those Succors come not speedily it cannot be avoided but the Kingdom must be lost And if notwithstanding all this so often and truly made known by us to your Lordship we shall perish for want of Supplies we shall carry this Comfort with us to our Graves or any other Burial we shall have That your Lordship can witness for us to the Royal Majesty and to all the World that we have discharged our Duties to God to his Majesty to that Nation and to this in humbly representing to his Majesty by your Lordship the chief Governour of the Kingdom the Extremities and Dangers wherein his Kingdom and People stand and the necessity of hastning Supplies hither by all possible means for preservation of both so as whatever become of our persons our memory cannot be justly stained with so wretched a breach of Faith and Loyalty to the King our Master as to forbear representing thither the Extremities wherein we are whether we have the Credit to be believed or no and that we write Truth and most needful Truth will be found true when perhaps we shall perish and which is more considerable the Kingdom also for want of being Relieved and Succoured in time And so we remain Your Lordships to be Commanded William Parsons Ormond Ossory Char. Lambert John Temple Francis Willoughby Jo. Burlace R. Dillon Ad. Loftus Charles Coot R. Meredith From his Majesties Castle of Dublin 14 December 1641. Postscript BY our Letters to your Lordship of the 22. of November We did desire to be informed from thence Whether the Parliament here being once Prorogued may not again be Prorogued by Proclamation before they Sit or whether it be of necessity that they must Sit again and the Parliament to be Prorogued the House Sitting And now that this Rebellion hath over-spread the whole Kingdom and that many Members of both Houses are involved therein so as the Parliament cannot Sit We humbly desire to know his Majesties Pleasure therein and if his Majesty shall think fit to Prorogue it which at present we hold expedient that then we may receive his Commandment for Prorogation and that the doubt concerning that be cleared for to assemble at that time cannot be with Safety Our Letters of the Third of December have been hitherto with-held on this side by contrary Winds The Propositions mentioned in this Letter for a Treaty by Sir Thomas Carey and Dr. Cale a Doctor of the Sorbon were First That there should be a Toleration of Religion Some Overtures for a Treaty Secondly That Popish Officers as well as Protestants should be admitted to all Employments Thirdly That the wrongs of Plantations should be repaired since 1610. Fourthly That there should be a Proclamation to take off the File the Title of Rebels and Traitors But Sir Phelim O Neil would not be perswaded to condescend to any manner of Treaty unless the Lord Mac-guire Mac-Mahon and the other Prisoners in the Castle were first set at Liberty which the Board rejecting with Contempt and Indignation that Overture died almost as soon as it was born Though it now began to be notorious that the Lords of the The Board Vindicates Sir Charles Coot and themselves from the Imputation of the Lords of the Pale Pale were deeply in the Conspiracy yet to take away their pretences the Board published a Proclamation and sent it to those Noblemen wherein it was positively Affirmed That the Lords Justices and Council did never hear Sir Charles Coot or any other utter at the Council Board or elsewhere any Speeches tending to a Purpose or Resolution 〈◊〉 Execute on those of their Profession or any other a general Massacâ—â— nor was it ever in their thoughts to dishonour His Majesty or the State by such an Odious Detestable and Impious Action giving them assurance of their safety if they would repair to Dublin the 17th of that Month. In Answer to which The Answer of the Lords of the Pale the Lords of the Pale return a Letter to the Lords Justices wherein they complain That they were so justly affrighted with Sir Charles Coot's severity and deportment that they durst not adventure their persons within the Confines of his Government they heavily charge upon him the inhumane acts perpetrated in the County of Wickloe the Massacre of Santry and the burning of Mr. King's house at Clantorfe contrary to the Publick Faith given but the day before for which severity they said they did not blame their Lordships but Sir Charles Coot for his Rigor in the Execution and therefore desire that no sinister Construction may be made of their stay but that they may have some Commissioners appointed to confer with them concluding with professions of their Loyalty and readiness to give their advice for the advancement of His Majesty's Service and the Common Peace of the Kingdom But though they did not proceed to open Hostilities chusing rather to force the Government to be the Aggressors yet they began to form themselves into a
Moneys by reason of these Troublesome Times but on the receipt of your Secretaries Letter to the Commissary we shall receive the Over-plus of the Monies which was appointed for the Horse which is 240 l. which will help us a little but if there is not some Monies now on the Way for us I doubt the Soldiers will disband suddenly I shall beseech your Lordship to put the Irish Committee in mind of their promise for Coats and Caps Shoes and Stockins for the Soldiers it is very needful and will be very advantagious for the Service if the Soldiers have them and by promise from us are expected by the Soldiers The Officers that are wanting at this present of your Lordships Regiment besides those that are wanting with their Companies is Capt. Snelling Lieutenant Palmer Captain Bois 's Lieutenant and Ensign Smith Captain Turvil 's Ensign I understand by my Lord Lisle that one Mr. Morrison is to be your Lordships Ensign who came this day to Chester I shall desire with your Lordships next Commands I may understand what quantity of Ammunition we shall carry from hence with us into Ireland or if we should be stayed here by contrary Wind what Ammunition you will be pleased to allow us weekly for Exercising desiring your Lordships pardon for being so tedious I humbly take my leave Your Lordships most humble Servant to be Commanded George Monck Chester 21 Jan. To his Excellency the Earl of Leicester L. Lieutenant of Ireland these present at Leicester-House in St. Martin's-Fields In this distressed Estate stood the Affairs of these miserable Kingdoms Scotland recovered from those Rebellious Commotions raised by the Presbyterian Faction by Remedies that proved more Fatal to the King then the Disease Ireland all in a Flame and England by the prevalency of the same Faction which had raised the disturbances in Scotland ready to follow their Example and to pursue their Model of Reformation by the same wicked Courses of Religious Dis-obedience and Rebellion in which Condition I must at present leave them till such time as it shall please God to give me ability and opportunity I may after some little necessary Refreshment pursue this Laborious work in perfecting the Remainder of these Historical Collections FINIS A TABLE Of the principal Matters in this Second Volume A. ANswer of the King to the Commons request about his Servants 231. Concerning the Irish Acts 421. About disbanding the Horse 429. To the reasons for staying his Journey to Scotland 434. To the Speech of the Recorder of London 676. To the Petition of both Houses about Guards for the Parliament 685 833. To the Petition of the Aldermen c. at Hampton Court 712. To the Petition accompanying the Remonstrance 744. To the Petition about Breach of Priviledge 762. To the Petition concerning the Kensington business 796. To the Message of the House of Commons for a Guard 803. To the Petition from Buckinghamshire 841. To the Petition of the Lord Mayor c. 842. To the Message concerning the three Bills 848. To the Commons demand of stores 860 To the Message concerning the Bill for Adjournment 877. Alderman Abel a Patentee a Bill Ordered against him 256. Bailed 475. Accompt of the Armies 292 410. Act of State about the Oath in Ireland 79. Act of Parliament for reversing the Attainder of the Earl of Strafford 23. Act of Scotch Parliament part of one making it Treason to Levy Forces without the Kings consent 682. Act of Common-Council of London against Tumults 803. See Bill Adjournment Bill past by both Houses that it be in the power of the Houses respectively 834. The Kings Answer to it 877. Earl of St. Albans his Letter from Ireland concerning Affairs there 686. Aldermen Sheriffs c. of London attend the King at Hampton Court 711. Many of them Knighted 712. America Petition of some Merchants that parts of it be seiz'd 467. Mr. Anderton a Member of the House of Commons receives a Letter about a Plot 836. Anslow a Witness against the Earl of Strafford 60. Answer of the Earl of Strafford to the Articles of Impeachment 20 to 27. To Pym 's Speech against the Preamble of his Answer 39. Of the House of Commons to the Lords Reasons for the Bishops Voting in Parliament 260. Of the Judges to certain Queries about Matters in Parliament 374. Of the Scotch Commissioners to the two Propositions 406. Their Answer about disbanding the Army 412. Of the English Commissioners to the Propositions of the Scots Commissioners 423. Of the Scots Commissioners to the reasons for staying the Kings Journey 435. Of the House of Lords to the Propositions of the Scots Commissioners about difficulty of Marching their Army home 538. Of the House of Lords to a Petition of the Lord Mayor concerning the Londoners denying subjection to the Common Council 460. Of the House of Lords to the House of Commons Propositions concerning Ireland 525. Of the Judges in Ireland to Queries of the Parliament there 575. Of the City of London to the Parliaments desire of lending Money 598 644. Of the Queen concerning Father Philips 605. Of the House of Commons to the House of Lords two Propositions about the Scotch relief of Ireland 771. Of the several Impeached Bishops 797. Of the Lords of the Pale to the Lords Justices 906. Of the same to the Vindication of the severity of Sir Charles Coot 917. Apology of the Lord Digby 863. Apprentices of London their Petition concerning Church Government c. 775. An account of a Tumult of them 805. Nicholas Ardagh a Witness against the Earl of Strafford 70. Argiers a Vote about the Captives there 254. Act for them past 861. Argument of Mr. Lane in behalf of the Earl of Strafford 153. Of Recorder Gardner for the same 156. Of Mr. St. John for the Bill of Attainder 162. Arch-Bishop of Armagh his Testimony in the Case of the Earl of Strafford 83 See Usher Arms search'd for at Lambeth 236. Supplied to the Lords of the English Pâ—â—â— 632. Sent from the Tower for Ireland 710. search for Arms at Mr. Ropers at Eltham 847. At Sir James Hamilton 's Lodgings ibid. At Sir James Hanham 's in Somersetshire 848. At the Lady Rivers and at Oxon 859. Army pretended to be in danger of being seduced 231. Several Lords Examined about it 258. An Account of it 272. Army in Ireland a Report for disbanding it 233. The State of it in the Earl of Strafford 's time 537. State of the same when the Rebellion first broke out 627. Articles of Impeachment against the Earl of Strafford 8. Of further Impeachment against the same 11. Against the Judges 324. Against Sir Robert Berkley 337. Against Lord Chief Baron Davenport 347. Against Baron Trevor 352. Against Baron Weston 356. Against Justice Crawley 362. Against Lord Chief Justice Bramstone 363. Against the Bishop of Ely 398. Against the Lord Chancellor of Ireland c. 570. Against Lord Kimbolton and the five Members 811. Arundel Debate about the
Plot against Mr. Pym by way of Plaister 496. of one Beal a Taylor 646. Plot in Army 653. against the House of Commons 836. against some Lord 843. Pluralities a Bill against them 257 a Proviso for Chaplains c. 496. Poll Bill the Rates 293. a Record concerning it 324. past the House of Lords 325. and the King 327. Poll Money an Order concerning it 458. Captain Pollard committed on suspition of Treason 288. bailed 324 voted to have his Pay 477. voted guilty of Misprision of Treason and expell'd the House of Commons 725. Earl of Portland 's Defence against the Commons who would remove him from his Government of the Isle of Wight 655. Ports ordered to be stopt 232. Portsmouth Garrison Money ordered for it 449. Order of the House of Commons for its security 845. Marmaduke Potter a Witness against the Earl of Strafford 54. Sir Herbert Price sent to the Tower for bringing in Candles without Order 272. discharged 288. Priest of the Venetian Ambassador Imprisoned 394. Priests and Jesuites ordered to be Apprehended 647. Priests Condemn'd interceded for by the French Ambassador 719 731. Vote of the House of Commons that they be Executed 732 740. Prince see Charles Printer Imprison'd for an Elegy on the Earl of Strafford 246. bailed 324. Printing of the Orders of the House of Commons when first 390. Priviledge broken by giving the Lye to a Peer 380. by the Kings Speech 739. and by his coming to the House of Commons to demand the 5 Members 822. Proclamation of the Earl of Strafford concerning the Importation and Sale of Tobacco 66. Proclamation to bring in Mr. Percy c. 233. for disbanding the Horse 429. for establishing Religion 730. for absent Members to attend 736. against Tumults 786. for suppressing the Irish Rebellion 809. Proclamation of the Lords Justices of Ireland for stopping the Rebellion 522. for satisfaction of the Lords and Gentlemen of the English Parliament 631. for strangers to depart Dublin 637 638. against the Calumny of the Rebels acting by the Kings Commission 638. forbidding Soldiers to return to England 918. Proposition concerning Ecclesiastical Affairs presented to the House of Commons 301. ten Propositions of the House of Commons to be presented to the King upon his going for Scotland 310. debated 317 373. five new heads added 394. Propositions of the Scots Commissioners and the Answer of the English Commissioners for concluding the Peace 421. of the House of Commons to the Scots Commissioners for the Kings stay Fourteen days 433. of the French Ambassador for Soldiers 436. of the Scots Commissioners upon the difficulties of marching their Army home 438. of the House of Commons to the House of Lords about the Irish Rebellion 524. several invidious Propositions of the House of Commons at a Conference 737. Propositions of the Scots Commissioners about assistance for Ireland 742 762 778 782 799. of the House of Commons about the Irish Parliament 768. of the House of Lords to the House of Commons about the Scotch assistance for Ireland 768. briskly answer'd by the House of Commons 771. Protections complained of by the Londoners 509 646. Votes of the Committee upon it 510. Case of Mr. Benson about it 595. Votes about it 596. Protestation of Secresu required by the House of Commons of their Members 11. a Protestation ordered to be printed and sent into all Counties 229. Direction for taking it ibid. taken by some Recusant Lords 237. Jesuitically explain'd by the Presbyterian Commons 241. A Bill for imposing it rejected by the House of Lords 414. imposed on the Tower Guards 466. Protestation of six Lords against publishing the Order about Tumults 483. of both Houses concerning the breach of Privilege by the Kings Speech 750. of divers Lords against putting off the Debate of the Tower 779. of the Bishops 794. of the Lords dissenting to the Vote about the Lieutenant of the Tower 882. of the Irish Parliament against the Rebellion 898. Pryn ordered to be restored to Lincolns-Inn 251. Public Faith a Bill for it 437. Pury an Alderman of Glocester his Speech against Deans and Chapters 289. Sir Robert Pye a Witness against the Earl of Strafford 39. Pym moves for a Grand Committee about Irish Affairs 5. one of the Committee to prepare a charge against the Earl of Strafford 7. impeaches him in the House of Lords ibid. delivers the Articles against him 8. his Speech upon that occasion 9. carries up Articles of further Impeachment 11. appointed a manager of Evidence against him 29. his Speech at the Trial 30. his Reply to the Earl of Strafford 's defence 47. his Speech at summing up the Evidence 145. his Speeches ordered to be Printed 237. Order to stop a Suit against him 393. his Report of what had been done during the Recess 488. a Plot against him 496. his Speech at the Conference for excluding the Bishops from voting in the case of the thirteen Impeach'd 500. his Speech concerning evil Councellors 619. Impeached of High-Treason 811. Q QUaerie's put to the Judges about matters in Parliament 374. Quaeries proposed by the Irish Parliament to the Judges there 572 575 584. Queen present at the Trial of the Earl of Strafford 29. a Conference about her Journey to the Spaw 390. Reasons against it 391. a Message to her about it 392. her answer 393. her Message to the House of Commons about it 405. answer to their thanks 406. her answer about the Capuchins 448. complemented by the Commissioners of both Houses for Scotland 452. her Answer 456. Message to her about the Prince 597. her Answer ibid. her Answer concerning Fa. Philips 605. Information of a design to seize her c. 781. Queen Mother a Conference of both Houses about her 237 247. Tumults about her ibid. a Message concerning her 329. Mr. Quelch Minister of St. Bennet Grace-Church inform'd against by Alderman Penington 776. bailed 884. Grand Question concerning Bishops Votes in Capital causes an Abstract of it 503. R. RAbble Tumult about the Spanish Embassadors house 187. stop the Lord High Steward 188. post up the conscientious Members under the name of Straffordians Ibid. They Petition against him 189. Raby the Title of Baron of it conferred on Sir Tho. Wentworth 3. Sir George Radcliff impeach'd by the House of Commons 8. has liberty to take the Air 412. his Petition to the House of Lords 464. Articles against him by the House of Commons of Ireland 570. Rails about the Communion Table pull'd down by the Sectaries 271 322 389. trouble about them 491. Railton a Witness for the Earl of Strafford 54. Lord Ranulagh a Witness in the Case of the Earl of Strafford 36 57 59 83. 70 71. Rebellion see Irish Reasons of the Lords for Bishops voting in Parliament 259. answered by the House of Commons 260. Reasons against the Queens Journey to the Spaw 391. against the King's Journey to Scotland 430. of the House of Commons for sitting on the Lord's Day 436. of the King for not signing