time had a Petition depending in the House of Lords delivered Jan. 12 craving to be discharged of the Fine of Three thousand pounds imposed upon him by Decree of the Star-Chamber for Scandalous words against the Earl of Strafford Upon the 30th of Jan. a Day so Fatal to King Charles the First Saturday Jan. 30. the further Impeachment of the Earl of Strafford consisting in 28 Articles was by Mr. Pym carried up to the Lords which were as follow Articles of the Commons Assembled in Parliament The further Impeachment of the Earl of Strafford Jan. 30. against Thomas Earl of Strafford in maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba c. Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21 day of March in the Eighth Year of his Majesties Reign was President of the Kings Council in the Northern Parts of England That the said Earl being President of the said Council on the 21 of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others of the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limited and appointed That among other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Proceedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned Whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those offences is appointed That also amongst other things in the said Instructions it is directed that the said President and others therein appointed have power to examine hear and determine according to the course of proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Councel had never put in practice such Instructions nor had they any such Instructions yet the said Earl in the Moneth of May in the said 8th Year and divers Years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful power and jurisdiction on the persons and estates of his Majesties Subjects in those parts and did Disin-herit divers of his Majesties Subjects in those parts of their Inheritances sequestred their Possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earl And he the said Earl to the intent that such illegal and unjust power might be exercised with the greater licence and will did advise Counsel procure further directions in and by the said instructions to be given that no prohibition be granted at all but in cases where the said Councel shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decree and Order of the said Councel And the said Earl in the 13. year of his now Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earl of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 year of his now Majesties Reign to wit the last day of August then next following he the said Earl to bring his Majesties liege People into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Justice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should find that the Kings little finger should be heavier then the loyns of the Law 3. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of England and governed by the same Laws The said Earl being Lord Deputy of that Realm to bring his Majesties liege People of that Kingdom likewise into dislike of his Majesties Government and intending the Subversion of the Fundamental Laws and settled government of that Realm and the destruction of his Majesties liege People there did upon the 30. day of September in the ninth year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Councel and Courts of Justice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Justice in a publick Speech before divers of the Nobility and Gentry and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege People declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did bind the King no further then he pleased 4. That Richard Earl of Cork having sued out process in course of Law for recovery of his Possessions from which he was put by colour of an order made by the said Earl of Strafford and the Councel Table of the said Realm of Ireland The said Earl of Strafford upon a paper Petition without legal proceeding did the 20. day of February in the 11. year of his now Majesties Reign threaten the said Earl of Cork being
Repairing the High-ways Bridges and Twenty Pounds yearly to the Poor as is aforesaid But over and besides the said yearly Revenues before mentioned the said Dean and Chapter of Gloucester although but of the last Foundation and one of the least Revenues in this Kingdom yet they have Eighteen goodly Mannors and also divers other Lands Tenements and Heriditaments besides the Mannors Houses and Premises the old Rent of Assize of one of the said Mannors being 80 Pound per annum out of which Mannors and Lands the said Cathedral being to be made a Parochial Church 200 Pound per annum or more may be allowed for a Learned Preaching Minister there and a Hundred Pound a year apiece for two such others to assist him which in few years one of the said Mannors will discharge and also sufficiently Repair the said Cathedral Church and then the rest of the said Mannors and Lands may be employed to other Godly Pious or Charitable uses as the Wisdom of the King and Parliament shall think fit and suitable to this but in a more ample proportion of maintenance will be the allowances of all other Deanaries in England Again this I conceive will answer another Objection raised by a Worthy Knight at the Bar touching the Poverty of the Clergy of England if this Bill should take effect surely my Opinion is quite contrary and to that purpose I call to mind the saying of a Learned Divine Chaplain to a Nobleman upon some Conference with him of our wished desire to remove Scandalous Ministers and to reduce the Impropriations of Bishops and Deans and Chapters to a Preaching Ministry if these things said he take effect the Universities will not be able to supply the Churches and surely Sir if these things take effect I am confident we shall be so far from having a Poor beggerly Clergy as that no Kingdom in the Christian World will have a more Rich and Flourishing Clergy both for Nurseries and Incouragements of Learning and for their maintenance in more plentiful manner then it is at this present Please you therefore to put the Question I am ready to give my aid thereunto Whereupon it was Debated and strongly Urged by the Faction That there should from henceforth be no more Deans and Chapiters Chancellors or Commissaries Arch-Deacons Deans Prebendaries Chanters Canons or Petty Canons or any other their Officers within this Church or Kingdom and that all Lands and Revenues belonging to them should be taken away and disposed of to the advancement of Learning and Piety and that such of them as have no other subsistence but those Places and not Delinquents should have a Competent allowance for the term of their Lives Thus did they cover their Covetous Designs of Devouring the Church Revenues with the specious pretences of advancing Learning and Piety But the Event proved their Hypocrisie for when they had taken these Lands from the Legal Possessors of them Piety and Learning found so little a share of the Booty that even their own Hirelings of the Presbytery who had assisted them with their mercenary Lungs to Rob the Church were so far from getting any thing by it that with much to do they Escaped having their own Skins their Tithes and Glebe pulled over their Ears making good the Apologue of the Lion and his Fellow Huntsmen by their Folly and Indiscretion not to call it Rapine and Sacriledg The House of Commons was this Day wholly taken up with the further Examination of Col. Goring about the matter of the Army Wednesday June 16. Upon reading of a Petition of the Inhabitants of St. Saviours Southwark complaining against William Sonyter William Shepheard The Lords Order about those who committed the disorders at St. Saviours and St. Olavis Southwark Toby Gratwick Hugh Barcock George Ewer George Pitcher Thomas Loe c. for their pressing into the Church of the said Parish and violent breaking and pulling down the Railes about the Communion Table in an Insolent and Tumultuous manner the Parties complained of were brought to the Barr and their Council were admitted to speak for them and after a full hearing of both Parties and several Witnesses Examined on either side it did appear unto the House that the said Parties were guilty of the said Complaints laid against them in the Petition Thereupon it is Ordered That new Railes shall be forthwith set up by the appointment of the Churchwardens of the said Parish about the Communion Table in the same manner as they have been for the space of Fifty Years last past but not as they were for four or five Years last past and this to be done at the Costs and Charges of the abovesaid Delinquents And further That they shall make a Publick Acknowledgment of their faults in the Body of the Church upon a Sabbath Day when the Congregation shall be present And lastly That they shall stand Committed to the Fleet during the Pleasure of this House Also upon reading of the Petition of the Minister and the Inhabitants of St. Olaves Parish in Southwark against Robert Wainman George Bonace Hugh Evans and John Moor for making and causing to be made a great Tumult and Disorder in the Church of the said Parish in the time of the Administration of the Blessed Sacrament and for the hinderance of the performing of the same and for the great abuse of the Minister that administred the same and for using irreverent speeches when the said Duty was performing the Parties aforesaid were brought to the Barr and admitted to speak for themselves and after a full hearing of both sides and Witnesses Examined it appeared to the House that the said Parties complained of were guilty of the Complaints laid against them Whereupon the House did think fit and Ordered That the said Robert Wainman and George Bonace for their said Offences shall stand committed unto the Prison of the Kings-Bench forthwith and there to continue for the space of Six Months without Bail or Mainprize And that they shall stand upon a High Stool in Cheapside and Southwark for two hours together upon two Market-Dayes and acknowledg their Faults publiquely And lastly That they shall pay 20 l. Fine to his Majesty and to be bound to their good Behaviour And it is further Ordered That the said Hugh Evans and John Moor shall forthwith stand Committed to the Kings-Bench until they find Sureties to answer at the next Assizes to be kept for the County of Surrey their Faults and Offences in the disturbing and hindering the Administration of the blessed Sacrament who are there to be proceeded against according to Law And that Robert Osbalston Gent. and Richard Cant shall enter into Recognizance before Sir John Lenthall Knight one of his Majesties Justices of the Peace for the County of Surrey to appear at the next Assizes and prosecute against the said Hugh Evans and John Moore for their Offences aforesaid The State of the Accounts of the English and Scottish Armies were brought into
aforesaid did on the deliver his Opinion in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-Money that he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in Question A Copy of which proceeding and judgment the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and one of the Justices of Assize for the County of York did at the Assizes held at York in Lent 1636. deliver his charge to the Grand-Jury that it was a lawful and inseparable Flower of the Crown for the King to command not only the Maritime Counties but also those that were In-land to find Ships for the defence of the Kingdom And then likewise falsely and maliciously affirmed that it was not his single judgment but the judgment of all his Brethren witnessed by their subscriptions And then also said that there was a rumour that some of his Brethren that had subscribed were of a contrary Judgment but it was a base and unworthy thing for any to give his Hand contrary to his Heart and then wished for his own part that his Hand might rot from his Arm that was guilty of any such Crime when as he knew that Master Justice Hutton and Master Justice Crook who had subscribed were of a contrary Opinion and was present when they were perswaded to subscribe and did subscribe for Conformity only because the major Number of the Judges had subscribed And he the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false malicious Words were uttered as aforesaid with intent and purpose to countenance and maintain the said unjust Opinions and to terrifie His Majesties Subjects that should refuse to pay Ship-Money or seek any remedy by Law against the said unjust and illegal Taxation 8. That whereas Richard Chambers Merchant having commenced a Suite for Trespass and false imprisonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-Money in the time that the said Sir Edward Bromfield was Lord Mayor of the City of London in which Suite the said Sir Edward Bromfield did make a special Justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench in Trinity Term last then sitting on the Bench in the said Court upon debate of the said Case between the said Chambers and Sir Edward Bromfield said openly in the Court that there was a Rule of Law and a Rule of Government And that many things which might not be done by the Rule of Law might be done by the Rule of Government And would not suffer the Point of Legality of Ship-Money to be argued by Chambers his Councel all which Opinions Declarations Words and Speeches contained in the Third Fourth Fifth Sixth Seventh and Eighth Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which Resolution in Parliament and Petition of Right were well known to him and Resolved and Enacted when he was the King's Serjeant at law and attendant in the Lords House of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of King's-Bench and being in Commission of the Peace and duly sworn to execute the Office of a Justice of Peace in the County of Hertford on or about the seventh of January 1638. at which time the General Sessions of the Peace for the said County were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the Grand-Jury returned to serve at the said Sessions for presenting the removal of the Communion Table in All-Saints Church in Hertford aforesaid out of the Place where it anciently and usually stood and setting it Alter-ways against the Laws of this Realm in that Case made and provided as an Innovation in Matters concerning the Church the said Grand-Jury having delivered to them in Charge at the said Sessions by Master Serjeant Atkins a Justice of the Peace of the said County of Hertford that by the Oath they had taken they were bound to present all Innovations concerning Church Matters And he the said Sir Robert Berkley compelled the Fore-Man of the Jury to tell him who gave him any such Information and thereby knowing it to be one Henry Brown one of the said Grand-Jury he asked the said Brown how he durst meddle with Church Matters who affirming that in the said Charge from Master Serjeant Atkins the said Jury was charged to do he the said Sir Robert Berkley told the said Brown he should therefore find Sureties for his good Behaviour and that he the said Sir Robert Berkley would set a great Fine on his Head to make him an Example to others and thereupon the said Brown offered sufficient Bail but he the said Sir Robert Berkley being incensed against him refused the said Bail and committed the said Brown to Prison where he lay in Irons till the next Morning and used to the said Brown and the rest of the Jurors many other reviling and terrifying Speeches And said he knew no Law for the said Presentment and told the said Brown that he had sinned in the said Presentment And he compelled the said Grand-Jurors to say they were sorry for that they had done in that Presentment and did bid them to trample the said Presentment under their Feet and caused Brown to tear the said Presentment in his sight And he the said Sir Robert Berkley when as John Houland and Ralph Pemberton late Mayor of Saint Albons came to desire his Opinion on several Indictments against John Brown Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the Quarter Sessions held at the said Town of Saint Albons on the four and twentieth of June 1639. for the removal of the Communion Table out of the usual Place and not Administring the Sacrament according to Law in that Case provided He the said Sir Robert Berkley then told them that such an Indictment was before him at Hertford and that he quashed the same and imprisoned the Promoters by which threatning and reviling Speeches unjust Actions and Declarations he so terrified the Jurors in those Parts that they durst not present any Innovations in the Church Matters to their great Grief and Trouble of their Consciences And whereas several Indictments were preferred against Matthew Brook Parson of Yarmouth by John Ingram and John Carter for refusing several times to Administer the Sacrament of the Lords-Supper to them without any lawful Cause at the Assizes held at Norwich in 1633. He the said Sir Robert Berkley then being one of the Judges of the Assize proceeded then to the Tryal on the said
left that Nation a most peaceable and contented People So that although I have a little misreckoned in Time yet I was not deceived in My End But if I have deceived your expectations a little in the time of My return yet I am assured that My expectation is as much and more deceived in the condition wherein I hoped to have found some businesses at My return For since that before My going I setled the Liberties of My Subjects and gave the Law a free and orderly Course I expected to have found My People reaping the Fruits of these benefits by living in quietness and satisfaction of mind But instead of this I find them disturbed with Jealousies Frights and Alarms of dangerous Designs and Plots in Consequence of which Guards have been set to defend both Houses I say not this as in doubt that My Subjects Affections are any way lessened to Me in this time of My absence for I cannot but remember to My great comfort the joyful reception I had now at my Entry into London but rather as I hope that My presence will easily disperse these Fears For I bring as perfect and true Affections to My People as ever Prince did or as good Subjects can possibly desire And I am so far from repenting Me of any Act I have done this Session for the good of My People that I protest if it were to do again I would do it and will yet grant what else can be justly desired for satisfaction in point of Liberties or in maintenance of the True Religion that is here Established Now I have but one particular to recommend unto you at this time it is Ireland for which though I doubt not your care yet methinks the preparations for it go but slowly on The occasion is the fitter for Me now to mention it because of the Arrival of two Lords from Scotland who come instructed from My Council there who now by Act of Parliament have full Power for that purpose to Answer that Demand which it pleased both Houses to make of Me by way of Petition that met Me at Berwick and which the Duke of Richmond sent back by My Command to my Scotch Council Therefore My desire is That both Houses would appoint a Select Committee to end this business with these Noblemen I must conclude in telling you That I seek My Peoples Happyness For their Flourishing is My greatest Glory and their Affections My greatest Strength The King having Ended his Speech he departed and the Commons returned to their House Bishop of Hereford excused from paying some part of his Pol-mony Upon the Petition of the Bishop of Hereford It was Ordered That he having paid 60 l. for Poll-money shall be freed from any further Payments for the same and shall not pay after the Rate of Tenths because he is freed from paying of Tenths under the Great Seal of England and that upon good and valuable Considerations divers Mannors having been taken from the Bishoprick of Hereford in the beginning of the Reign of Queen Elizabeth Judges Report the Statutes in force against Riots Routs c. The Lord Chief Justice of the Kings-Bench Reported That the Judges have considered the Laws and Statutes of this Kingdom for preventing of Riots Routs and unlawful Assemblies and they are of Opinion That the best way is to issue forth Writs according to the Statute of 2 H. 5. cap. 8. Which Statute was presently read and it was Ordered That the Lord Keeper should forthwith issue forth Writs to the Sheriffs and Justices of the Peace of the City of London and the Counties of Middlesex and Surrey and to the Justices of the Peace of the City of Westminster according to the aforesaid Statute concerning Riots Routs c. and the Judges to be advised withall for the Form of the said Writs But the Tumults found too much Countenance among the Faction in the Commons House The Tumults incouraged by the Faction of the Commons where they were indeed promoted and incouraged as is Evident by the adjournment of the consideration of them this day in their House that having been yesterday ordered to be debated and so they were adjourned de die in diem which plainly manifests the tenderness they had for the Bioters and the Use they intended to make of these Tumultuous and Unlawful Assemblies which was to Terrifie the Lords to a compliance with their desires in cutting off a Limb from the Body of their House by Excluding the Bishops as before they had by the same Method prevailed in passing the Bill to cut off the Wise and Noble Head of the Earl of Strafford Sir Ralph Hopton Reported The Report how the King received the Petition and Declaration That last Night in the Evening the Committee appointed to attend His Majesty with the Petition of the House of Commons and the Declaration annexed came to Hampton-Court and Sir Richard Wiâ—n I may name him upon this Occasion gave his Majesty Notice of our being there and within a quarter of an hour the King sent a Gentleman to call us in with Directions that none should come in but the Committee alone who did all of them present themselves upon their Knees and my self in obedience to the Order of the House in the Absence of * Sir Ed. Deering upon whom they had imposed this ingrateful Task he being now fallen into their displeasure another designed for that Service did begin to read the Petition kneeling but his Majesty would not permit us to kneel but commanded us all to rise and so read it the first Observation His Majesty made was at that part of the Petition that charges the Malignant Party with the design to change Religion To which His Majesty said with a great deal of fervency The Devil take him whomsoever he be that had a Design to change Religion I then proceeded and when I came to that part of the Petition for reserving the disposal of the Lands of the Rebels in Ireland c. his Majesty was pleased to say We must not dispose of the Bears Skin till he be dead After the Petition was read his Majesty desired to ask us some Questions we answered We had no Commission to speak any thing concerning this business Then said he you may speak as particular men and said Doth the House intend to publish this Declaration * And yet it was carried before against Printing it but by 124 to 101 Votes upon Munday 22 No. We answered We could give no Answer unto it Well then said He I suppose you do not now Expect an Answer unto so long a Petition And this let me tell you I have left Scotland well and in Peace they are all satisfied with me and I with them and thô I staid longer there than I Expected yet I think if I had not gone you had not been rid so soon of the Armies I shall give you an Answer to this business with as much
the Question Whether Corn was such Victuals as was intended to have the price rated within the said Statute In Answer to which Demand the said Sir Robert Berkley then being one of his Majesties Justices of the Court of Kings-Bench in furtherance of the said unlawful Charge endeavoured to be imposed as aforesaid the Thirtieth day of November in the Eighth Year of his now Majesties Reign did deliver his Opinion That Corn was such Victual as was intended to have the Price rated within the said Statute Which said Opinion was contrary to Law and to the plain Sense and Meaning of the said Statute and contrary to his own Knowledg and was given and delivered by him with a purpose and intention that the said unlawful charge might be imposed upon the Subject 3. That an Information being preferred in the Court of Star-Chamber by the said William Noy his Majesties then Attorney-General against John Overman and Fifteen other Soap-makers Defendants charging them with several pretended Offences contrary to divers Letters Patents and Proclamations touching the Making and Uttering Soap and using the Trade of Soap-makers and other Offences in the said Information mentioned Whereunto the Defendants did plead and Demur as to part and answer to other part of the said Information And the said Plea and Demurrer being over-ruled for that the Particulars therein insisted upon would appear more fully after answer and proof therefore the Defendants were ordered to Answer without Prejudice and were to be admitted to such Exceptions to the said information and Advantages of the matter of the Plea and Demurrer upon the hearing as shall be material and accordingly the Defendants did put in their Answers and set forth several Acts of Parliament Letter-Patents Charters Customs and Act of Common-Councel of the City of London and other Matters materially conducing to their Defence and in Conclusion pleaded Not Guilty The said Sir Robert Berkley then being one of the Justices of Court of Kings-Bench upon the 30th day of March in the Eighth Year of his Majesties now Reign upon an Order of Reference to him and others by the said Court of Star-Chamber to consider of the Impertinency of the said Answers did Certifie the said Court of Star-Chamber That the whole Answers excepting the four words and ten last Lines should be expunged leaving thereby no more substance of the said Answers than the Plea of Not Guilty And after upon a Reference to him and others by Order of the said Court of the impertinency of the Interrogatories and Depositions of Witnesses taken on the Defendants part in the same Case the said Sir Robert Berkley upon the second day of May in the Eighth Year of his now Majesties Reign Certified that Nine and thirty of the said Interrogatories and the Depositions upon them taken should be suppressed which Answers except as aforesaid and Depositions although the same did contain the said Defendants most material Defence Yet were expunged and suppressed according to the said Certificates both which said Certificates were contrary to Law and Justice and contrary to his the said Sir Robert Berkley's own knowledg and contrary to the said former Order whereby the Advantages were saved to the Defendants as aforesaid And by reason thereof the said John Overman and the said other fifteen Defendants were sentenced in the said Court of Star-Chamber to be committed Prisoners to the Fleet and disabled from using their Trade of Soap-makers And one of them fined in a Thousand Five hundred Pounds Two of them in a Thousand Pound apiece Four of them in a Thousand Mark apiece which Fines were estreated into the Exchequer without any mitigation And the said Defendants according to the said Sentence were imprisoned and deprived of their Trade and Livelihood tending to the utter ruine of the said Defendants and to the overthrow of free Trade and contrary to the Liberty of Subjects 4. That he the said Sir Robert Berkley then being one of the Justices of the Kings-Bench and having taken an Oath for the due administration of Justice according to the Laws and Statutes of this Realm to His Majesties Liege People on or about the last of December subscribed an Opinion in haec verba I am of Opinion that as where the Benefit doth more particularly redound to the good of the Ports of Maritime Parts as in case of Piracy or Dep redations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be borne by all the Realm in general This I hold agreeable both to Law and Reason 5. That he the said Sir Robert Berkley then being one of the Justices of our Court of Kings-Bench and duly sworn as aforesaid In February 1636. subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty in haec verba Charles R. WHen the Good and Safety of the Kingdom in general is Concerned and the whole Kingdom in Danger Whether may not the King by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their Charge to provide and furnish such Number of Ships with Men Victuals and Munition and for such time as he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the Sole Judge both of the Danger and when and how the same is to be prevented and avoided May it please your Most Excellent Majesty We have according to your Majesties Command severally every Man by himself and all of us together taken into serious consideration the Case and Question signed by your Majesty and inclosed in your Royal Letter And we are of Opinion that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger your Majesty may by Writ under the Great Seal of England command all your Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril And that by Law your Majesty may compel the doing thereof in case of Refusal or refractoriness And we are also of Opinion that in such Case your Majesty is the sole Judge both of the danger and when and how the same is to be prevented and avoyded John Brampston John Finch Humphrey Davenport John Denham Richard Hutton William Joanes George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston 6. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and duly sworn as
Court refuse to impose any Fine whatsoever upon the said James Maleverer and told him that the said Court had no Power to Fine him and that he must compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to issue forth of His Majesties said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two Thousand Pounds or thereabouts a great part whereof the said James Maleverer was inforced to pay and in like manner the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer did order and direct such and the like unjust and undue Proceedings and the said Proceedings were had and made accordingly against Thomas Moyser Esquire and against several other Persons His Majesties Subjects in several Parts of this Realm to the utter undoing of many of them 2. That a Sentence of Degradation being given by the High Commissioners of the Province of York against Peter Smart Clerk one of the Prebends of the Church of Durham for a Sermon by him formerly Preached against some Innovations in the Church of Durham a Tryal was afterwards had viz. in August in the seventh Year of his said Majesties Reign before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham concerning the Corps of the Prebend of the said Master Smart which was then pretended to be void by the said Sentence of Degradation the said Sir Humphrey Davenport contrary to his Oath and contrary to the Laws of this Realm and to the destruction of the said Master Smart upon reading the Writ de haeretico comburendo did publickly on the Bench in the presence of divers His Majesties Subjects then attending declare his Opinion to be That the said Prebends Place was void and gave directions to the Jury then at Bar to find accordingly and being then informed that although the said Master Smart had been dead or deprived yet the Profits of his Prebend had been due to his Executors till the Michaelmas following the said Sir Humphrey Davenport then answered That though the said Master Smart was not dead Yet if he had his desert he had been dead long ago for he deserved to have been hanged for the said Sermon and that he was as wicked a Man as any lived in the World call him no more Master Smart but plain Smart And when the said Jury had found against the said Master Smart the said Sir Humphrey Davenport in scandal of His Majesties Government and Justice and of the Proceedings of His Majesties Judges did publickly as aforesaid speak Words to this effect That the said Jury had well done and that the said Smart had no remedy save by appeal to the King and there he should find but cold Comfort for the King would not go against his own Prerogative upon which the Judges and High Commissioners did depend and therefore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord Chief Baron of his Majesties Court of Exchequer and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed his Name to an Opinion in haec verba I am of Opinion That as where the benefit doth more particularly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the Defence ought to be borne by all the Realm in general this I hold agreeable both to Law and Reason That in or about the Month of February Anno Dom. 1636. the said Sir Humphrey Davenport then being Lord Chief Baron of the said Court of Exchequer subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty ut supra in the Articles against Judge Bramston and Judge Berkley That whereas an Action of Battery was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded Justification de son assault de mesme and the said Cause came to Tryal at the Assizes holden for the County of Gloucester in Summer An. 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that County At the said Tryal the said Robert Hoblins did begin to make proof of his said Justification and produced one Robert Tilly a Witness in the Cause who proved upon Oath that the said Richard Legge did make the first Assault upon the said Robert Hoblins and that the occasion thereof was that the said Richard Legge and others came upon the Lands then in Possession of the said Hoblins and did take and drive away eighteen Cows of the said Hoblins pretending they had a Warrant from the Sheriff to distrain the same for forty Shillings assessed upon the said Hoblins for Ship-Money And when the said Hoblins being present endeavoured to hinder the said Legge and others from taking away his said Cattel the said Legge strook the said Hoblins with a Staff who after defended himself That upon the opening of the Matter the said Sir Humphrey Davenport would not suffer the said Hoblins to produce any more Witnesses on his behalf though the said Hoblins desired that other of his Witnesses then present and sworn might be heard nor his Councel to speak for him but being informed that the said Hoblins when Ship-Money was demanded of him answered that he would not pay the same because it was not granted by Parliament the said Sir Humphrey Davenport did then openly in the hearing of a great number of His Majesties Liege People then assembled and attending the Court in great Passion reprove the said Hoblins and told him that the King was not to call a Parliament to give him satisfaction and did then and there also falsly and of purpose to prevent His Majesties loving Subjects from the due and ordinary course of Law and contrary to his Oath and the Laws of the Realm Publish Declare and affirm that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury Sworn in that cause to find a Verdict for the said Richard Legge And the said Jury did accordingly and gave him twenty Pound damages And the said
a Conference by the Earl of Bath to the Commons THese are to signifie to this House That whereas He sent an Answer this day to both Houses concerning the Third Head lest there should be any mistake upon the word Slander His Majesty declares he did not mean all of either House of Parliament or any Members thereof Upon the Reading of the Petition of the Arch-Bishop of Canterbury concerning his payment of Poll-mony It was Ordered Order of the Lords about the Arch-Bishops paying Poll-Money To be left to be paid according to the Act of Parliament The House for freer Debate was put into a Committee to consider of the Court of York and to give judgment herein and after much Debate the House was reassumed and it was Resolved upon the Question by the Major Part Resolves of the Lords concerning the Court at York That the Commission and Instructions whereby the President and Council of the North exercise a Jurisdiction is Illegal both in the Creation and Execution Resolved c. That this Commission and Instructions is unprofitable to His Majesty Resolved upon the Question Nemine Contradicente That this Commission and Instructions is inconvenient and grievous to His Majesties Subjects of those Parts Resolved upon the Question Nemine Contradicente That this House doth joyn with the House of Commons in beseeching His Majesty that the Present Commission and Instructions may be revoked and no such granted for the Future MEmorandum A Salvo for the Judges of the Court of York This House doth declare seeing the Commission and Instructions of the Court of York is Illegal in the Creation and Execution that the former Judges in the Court of York who have given Judgement and proceeded as they thought in their Consciences upon True and Legal Grounds shall not be liable to be Questioned but in case of Injustice and that none in that Case shall be barred of their Appeal And if it appear that there is a Necessity for the Ease of that Country to have a Court this House will advise with the House of Commons how one may be Established by Law for the Ease of those Parts And the Earl of Essex Earl of Bristol Viscount Say and Seal Bishop of Lincoln Lord Wharton Lord Kimbolton were appointed to prepare Heads for a Conference with the Commons concerning the aforesaid Particulars that so the Persons that were Judges and the Acts of that Court may have a Saving for them If humane Bodies and Minds are subject to the secret Influences of the Heavenly Bodies certainly England and the rest of the Brittish Dominions were at this time under the Aspects of some Violent and Malignant Configurations and there seemed to be an Universal Inclination in the People every where to Tumults Mutinies Violence and Injustice the Lords House was full of Complaints of the Disorders of this Nature throwing up Inclosures and disturbing the Possessions of others and that not singly but by Multitudes and with such Arms as Rusticks are wont to make Use of upon such Occasions of their Madness And of this the Lords were so sensible that they made this following Order WHereas daily Complaints are made unto this House of violent breaking into Possessions Order of the Lords concerning Violent and Tumultuous breaking into Possessions July 13. 1641. and Inclosures in Riotous and Tumultuous manner in several parts of this Kingdom without any due proceedings by Course of Law to warrant the same which hath been observed to have been more frequently done since this Parliament began then formerly it is thought fit and so Ordered by the Lords in Parliament That no Inclosure or Possession shall be Violently and in a Tumultuous manner disturbed or taken away from any man which was in Possession the first Day of this Parliament or before but by due Course and Form of Law and that such Possessions of all men shall continue and remain unto them as they were on the first Day of this Meeting of Parliament unless it have been or shall be by some Legal way of proceeding in some of His Majesties Courts of Law or Equity or by some Act or Order of the Parliament determined or ordered to the Contrary And in all such Cases where any such unlawful disturbance of the quiet Possession of any man hath happened or shall happen the High Sheriff of the County shall have Power by virtue of this Order together with two of the Justices of the Peace of the said County next or near to the place and such other or others as he or they shall think fit to take with him or them to repair unto the place where such Tumults happen to be and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid and shall see to and cause that the Possession be continued unto the present Owners as aforesaid until by a Legal Course in some Court of Law or Equity or by order of Parliament it be determined or Ordered to the contrary The Lord Bishop of Lincoln Reported Report about the Officers of the Star-Chamber That the Lords Committees appointed to Consider of the Petition of the Officers of the Star-Chamber have fully heard their Cause and they are of Opinion and do not conceive of any fitter way of Relief for these Poor Officers the King's Servants then to remit them to the King's Mercy that His Majesty would be Graciously pleased to allow a Proportionable Relief for these Poor men out of such Fines as may accrue unto His Majesty in the High Court of Parliament to be apportioned by the Lords of the Committees or otherwise as their Lordships shall be pleased to approve thereof and Order it Upon Report this Day made unto the House by the Right Honourable the Lord Seymour that the difference between the Parishioners of St. Report about the Rioters at St. Thomas the Apostle's in pulling down the Rails Thomas the Apostle complained of to the Lords in Parliament was composed by his Lordship to whom the business was referred It is Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled that the said difference together with the Cause depending before their Lordships shall by virtue of this Order be fully ended and determined and Lastly that John Blackwell shall for himself others Petitioned against forthwith pay unto the Overseers of the Poor of that Parish upon sight hereof to the use of the said Poor the full Summ of ten Pounds of Lawful Money of England and hereof they are not to fail as they will answer to the contrary There being a Report spread abroad that His Majesty intended to send the Lord Digby abroad under some honourable Character Tuesday July 13. and as was said Ambassadour into France his Enemies in the House of Commons being extreamly nettled at it were resolved if possible to set a brand of Infamy upon his Lordship and therefore not content to have disgracefully Expelled him
or in the Consistory of the Bishop of Norwich And that in such case no prohibition against the said Bishop of Norwich their Chancellors or Commissaries in the said Courts of Consistory be granted And if any such Writ be any time obtained the Judges granting the same upon sight of his Highness's said Order shall forthwith grant a Consultation to the Minister desiring the same with his reasonable cost and charges of the same Which said Order and Decree under the great Seal of England tended to the violation of the Oaths of the Judges and was devised contrived and made by the said Bishop And afterwards by his evil Counsels and false Surmises he did obtain His Majesties Royal consent thereunto and by colour of the Order aforesaid and other the doings of the said Bishop the Citizens and Inhabitants of Norwich aforesaid viz. John Collar Judith Perkeford and others have been forced to pay the two Shillings in the Pound in lieu of Tithes or else by Suits and other undue means been much molested and put to great charges and expences contrary to the Law and Justice XXV That he assumed to himself an Arbitrary Power to compel the respective Parishioners in the said Diocess to pay great and excessive Wages to Parish-Clerks viz. the Parishioners of Yarmouth Congham Tostock and others commanding his Officers that if any Parishioner did refuse to pay such Wages they should certifie him their Names and he would set them into High-Commission Court for example of the rest and that one or two out of Ipswich might be taken for that purpose And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Matthew Wren late Bishop of Norwich and now Bishop of Ely and also of replying to the answer that he the said Matthew Wren shall make unto the said Articles or any of them or offering proof of the Premisses or any other Impeachments or Accusations that shall be exhibited by them as the case shall according to the course of Parliaments require do pray that he the said Matthew Wren may be called to answer the said several Crimes and misdemeanors and receive such condign punishment as the same shall deserve and that such further proceedings may be upon every of them had and used against him as is agreeable to Law and Justice Thus did these great Zealots for the pretended Purity and Reformation of Religion and to reduce the Bishops to their Primitive State even litterally render them so by Persecution imitating the Primitive Persecutors of the Primitive Bishops clothing them in Skins of Bears Wolves and Tigres to invite the cruel Mastisss to fall upon them and tear them in Pieces And certainly not with standing this black Accusation there cannot be a greater Demonstration of the Innocence of this worthy Prelate then the very Articles and that this Accusation wanted proof to carry it further than a bare Accusation and a Commitment to the Tower where with the Courage and Patience of a Primitive Christian he continued a Prisoner till the happy Year 1660. wherein he saw himself the Church and this Kingdom together set at Liberty by the blessed Restauration of His Most Serene Majesty Charles the Second to his undoubted Birth-Right the Imperial Crown of these Realms from the Bondage and Slavery under which they had for so many Years laid Languishing and almost ready to expire The Earl of Bristol acquainted the House King Assents to the 5 Propositions That His Majesty had been moved concerning the Five Propositions presented from their House from the House of Commons Yesterday and his Majesty consents to all the said Propositions WHEREAS a Petition hath been Exhibited unto this Honorable House by sundry Officers The Case of the Clerks c. of the Court of Common-Pleas against Patentees and the Lords Order upon it Clerks and late Clerks of the Court of Common Pleas Thereby shewing that they have been Bred and Trained up as Clerks in the said Court and that the Disposition of the Offices of Prothonotories Fillizers Exigenters and divers other Officers of the said Court had Time out of Mind appertained to the Chief Justice of that Court for the Time being as an inseperable Incident to his Office and that the same were granted to such skilful and experienced Clerks trained up in the said Court as were most fit and able for the Execution of the same Places and that notwithstanding several Grants and Letters Patents of the said Offices had been obtained from His Majesty to the great discouragement of able Clerks and therefore prayed that the said Grants or Letters Patents might be recalled And whereas several Petitions have likewise been Exhibited by the Patentees touching the said Offices and several Days of hearing have been appointed but in regard of greater Business in the House the Cause could not be heard whereupon it pleased the Lords upon the 26th Day of June last to Order that the Judges of the Kings-Bench and Barons of the Exchequer should consider whether the said Grants or Letters Patents made by his Majesty of the said Offices or any of them were good in Law and should make Report thereof unto the House to the end their Lordships might proceed to do what should be Right and Just therein And whereas the said Judges and Barons upon perusal of divers of the said Patents and a due Consideration had of the Grants of those Offices in former Times made by the Chief Justice of the said Court of Common-Pleas for the Time being and upon hearing of Councel on both Sides after mature deliberation had of the Premisses did certifie that the Offices of the first and third Prothonotary of the said Court of Common Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of all the Exigenters and of all the Fillizers except of the County of Monmouth have by prescription belonged to the Chief Justice for the time being and that he hath always granted the same for the Lives of the Grantees who have held them by his admittance only and that the Office of Clerk of the Treasury of that Court is all ways Granted by the Chief Justice for the time being to such Persons as he shall nominate to continue only during the Time that he continues Lord Chief Justice And further they did certifie their Opinions to be that none of the Grants made by his Majesty of any of the Offices or Clerks Places before in the same Certificate mentioned were good in Law And whereas this Day was appointed by Order of this House for the hearing of the said Cause Now upon full debate of the Matter by Councel learned on both Sides their Lordships taking the Business into their mature Consideration and well approving the Learning Justice and Integrity of the present Chief Justice and thinking it most just and meet that the Rights and Priviledges
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
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
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
Majesty's said Letters or the said Act of State and not otherwise The Commons not being satisfied with these Sober and Calm Resolutions of the Judges fell to Voting their own Sense and to make Declarations of the Law upon their former Queries as followeth Questions propounded in Parliament And Declarations of the Law thereupon in Parliament Quest 1. The Declaration of the Commons in Ireland upon the Queries propounded to the Judges WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom Declarat The Subjects of this his Majesties Kingdom of Ireland are a free People and to be Governed only according the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the Lawful Customs used in the same 2. Quest Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Seal or Privy Seal Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit or Judgment or Execution thereupon what Punishment do they incur for their deviation and transgression therein Declarat That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of Force in this Kingdom and the said Judges or any of them by Color or under Pretext of any Act of State or Proclamation or under Color or Protext of any Writ Letter or Direction under the Great Seal Privy Seal or Privy Signet from the King 's Most Excellent Majesty or by Color or Pretext of any Letter or Commandment from the Chief Governor or Governors of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon and if any Letters Writs or Commands come from his Majesty or from any other or for any other Cause to the Justices or to the other deputed to do the Law and right according to the Usage of the Realm in disturbance of the Law or of the Execution of the same or of Right to the Party the Justices and others aforesaid ought to proceed and hold their Courts and Processes where the Pleas and Matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due Punishment according to the Law and former Declarations and Provisions in Parliament in that Case made and of Force in this Kingdom or as shall be Ordered Adjudged or Declared in Parliament And the Barons of the Exchequer Justices of the Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared That they ought to undergo the Punishment aforesaid 3. Quest Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Commons Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them or which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them Declarat The Council Table of this Realm either with the Chief Governor or Governors or without the Chief Governor or Governors is no Judicatory wherein any Action Real Personal Popular or Mixt or any Suit in the Nature of the said Actions or any of them can or ought to be Commenced Heard or Determined and all Proceedings at the Council Table in any Suit in the nature of any of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of Force in this Kingdom only excepted 4. Quest The Like of the Chief Governor alone Declarat The Proceedings before the Chief Governor or Governors alone in any Action Real Personal Popular or Mixt or in any Suit in the Nature of any of the said Actions are Coram non Judice and void 5. Quest Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them Declarat All Grants of Monopolies are contrary to the Laws of this Realm and therefore void and no Subject of the said Realm ought to be Fined Imprisoned or otherwise Punished for exercising or using the Lawful Liberty of a Subject contrary to such Grants 6. Quest In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for the same Declarat The Lord Lieutenant Lord Deputy or other Chief Governor or Governors and Council of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Consure any Subject in mutilation of Member standing on the Pillory or other shameful Punishment in any Case at the Council Table and no Subject ought to be Imprisoned Fined or otherwise Punished for Infringing any Commands or Proclamation for the support or Countenance of Monopolies and if in any Case any Person or Persons shall be committed by the Command or Warrant of the Chief Governor or Governors and Privy Council of this Realm or any of them That in every such Case every Person or Persons so Committed restrained of his or their Liberty or suffering Imprisonment upon Demand or Motion made by his or their Counsel or other imployed by him or them for that purpose unto the Judges of the Court of Kings-Bench or Common-Pleas in open Court shall without delay upon any Pretence whatsoever for the ordinary Fees usually paid for the same have forthwith granted unto him or them a Writ or Writs of Habeas Corpus to be directed generally unto all and every Sheriff Goaler Minister Officer or other Person in whose Custody the Party or Parties so Committed or Restrained shall be shall at the Return of the said Writ or Writs and
enter into the hearts of this Wise and Honorable Assembly We will not presume to dispute the Right of Episcopacy whether it be Divine or not it sufficeth us to know That the Church Government by Bishops is ancient even near to the Apostles Days and that it hath pleased God from time to time to make them most Glorious Instruments for the Propagation and Preservation of Christian Religion which with their Blood they have frequently sealed to Posterity And how much this Kingdom in particular is indebted to them for their Piety their Wisdoms and Sufferings we trust shall never be forgotten Our Hearts desire therefore is That the Precious may be separated from the Vile that the Bad may be rejected and the Good retained Furthermore having heard that our Common Prayer hath been interrupted and despised of some mis-understanding or mis-led People to the Great Scandal of the Religion professed in our Church We humbly beseech you to take into your Care the Redress thereof as of an Impiety not to be endured as also to take Order for the severe punishment of those Men if they may be discovered who frequently publish Pamphlets under a Veil of Religion yet conducing to Confusion and Rebellion All which we humbly offer to your Wisdoms as the thoughts and desires of this County and as we are persuaded of multitudes of sound Members of the Church of England and his Sacred Majesties most Loyal Subjects Beseeching God to direct and prosper your Counsels and ye to pardon our Errors we rest At your Commands Knights Esquires Divines Gentlemen Free-holders Inhabitants of the County of Somerset none of them Papists but all Protestants of the Church of England and his Majesties Loyal Subjects 14350. Whereof Knights Esquires and Gentlemen 200 Divines 221 Jo. BrowneCler Parliament After which the Huntingtonshire Petition to the same Effect which had been tendred to the House upon Wednesday the 8th of December but then laid aside was also read This being done the High Constable The High Constable and Sheriff questioned concerning the Guards who was sent for to attend the House was brought in and asked by what Authority he gave Order for the Watchmen to Guard this House Who answered That he received Order from the Justices of the Peace Then the Under-Sheriff of Middlesex was called in and demanded by what Warrant the Watch-men are here he said he had received a Warrant from the Justices of Peace of Middlesex which they sent forth by virtue of the Kings Writ directed to them for preventing of Riots Routs and unlawful Assemblies according to the Statute of 2 H. 5. Whereupon the House appointed the Lord Chamberlain Lord Wharton Lord Brook and Lord Roberts to go into Westminster-Hall and other places near this House to see what Company there is whether any unlawful Assemblies or Routs there and these Lords Reported That there was no Face of any Routs or Assemblies nor any greater Number of People then Vsually Whereupon the House discharged the Guards in the King's Name And in regard it appeared that it was the precipitation of the Justices that Caused these Men to come by virtue of their Warrants It was Ordered That those Justices of the Peace for Middlesex and Westminster that subscribed the Warrant be sent for to attend the House to morrow to give a Reason why they sent forth those Warrants and what induced them to believe That there would be a Tumult this day in Westminster This day Inigo Jones Esq appeared before the Lords according to an Order of their Lordships to hear the Declaration read which was brought up against him from the House of Commons which was read in his presence in haec verba The Declaration of the Commons upon the Complaint and in thebehalf of the Parishioners of St. Gregories London against Inigo Jones Esquire THE Parish Church of St. Gregories The Declaration of the Commons against Inigo Jones concerning St. Gregories Church by St. Pauls adjoyning to the Cathedral Church of St. Paul's in London aforesaid is and from the time whereof the Memory of Man is not to the contrary hath been the Parish Church for the Inhabitants of that Parish lately computed to be 3000 persons for the administration of Divine Service and Sacraments The said Inigo Jones being Surveyor of His Majesties Works and particularly those to be designed for the re-edifying of the said Church of St. Pauls would not undertake the Work unless he might be as he termed it the Sole Monarch or might have the Principality thereof conceiving that the Work would not well be done without pulling down the said Church of St. Gregories presented a Plott to his Majesty accordingly The said Inigo Jones having presented the said Plott his Majesty hereupon signified his Pleasure and in pursuance thereof several Orders also were made at the Council-Board That the said Church should be taken down by the Parishioners for the more convenient Repairing of the Cathedral Church of St. Pauls which the Parishioners refusing to obey as was lawful for them to do the said Inigo Jones in Execution of the Plot and Design by him presented as aforesaid and of his Majesties signification and the Orders at the Council-Board thereupon had in or about March 1639 did pull down and caused to be pulled down part of the said Church and did also threaten That if the Parishioners would not take down the rest of it then the Galleries should be sawed down and with Skrews the Materials of the said Church should be thrown down into the Street And the said Inigo Jones did further threaten the Parishioners That if they did not take down the said Church they should be laid by the Heels Whereby the Parishioners being thus affrighted and to save the Materials which not long before had cost them 1500 l. were inforced to take down some part of the said Church insomuch as it thereby was made altogether useless and the said Parishoners to that great number have been wholly destitute of any Place within their own Parish for the Publick exercising of Religion The Damages the Parishioners have hereby sustained is very great and the Charge of Re-edifying the said Church and restoring it to as good plight as it was in before it was so wrongfully taken down will amount at the least to 3000 l. all which the said Parishioners are ready to prove and Maintain For Remedy therefore and Redress herein and chiefly to the end that the said Church of St. Gregories may be fully repaired and restored to the Plight and Condition wherein it formerly was by and at the Charge of him and them by whose undue Means it was in part taken down or caused to be taken down as aforesaid It is desired That such Proceedings may be used and had against the Offenders herein as to Right and Justice doth appertain This being read the said Inigo Jones desired That he might have some time to answer by his Councel Whereupon It was Ordered That he
Goal until they should either perform such sentences or put in sufficient Bail to shew some reason before the Councel Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a Warrant to that effect and made the like Warrant to send to all other Bishops and their Chancellors in the said Realm of Ireland to the same effect 10 That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customes of the Merchandize exported out and imported into that Realm to be farmed to his own use And in the Ninth Year of his now Majesties Reign he having then interest in the said Customes to advance his own gain and lucre did cause and procure the native Commodities of Ireland to be rated in the Book of Rates for the Customes according to which the Customes were usually gathered at far greater values and prices than in truth they were worth that is to say every Hide at twenty Shillings which in truth was worth but five Shillings every stone of Wool at thirteen shillings four-pence though the same ordinarily were worth but five Shillings at the utmost but nine Shillings by which means the Custome which before was but a twentieth part of the true value of the Commodity was inhansed sometimes to a fifth part and sometimes to a fourth and sometimes to a third part of the true value to the great oppression of the Subjects and decay of Merchandize 11 That the said Earl in the Ninth Year of his now Majesties reign did by his own will and pleasure and for his own lucre restrain the exportation of the Commodities of that Kingdome without his Licence as namely Pipe-staves and other Commodities and then raised great Sums of Money for licensing of exportation of those Commodities and dispensation of the said restraints imposed on them by which means the Pipe-staves were raised from four pound ten shillings or five pound per thousand to ten pound and sometimes eleven pound per thousand and other Commodities were inhanced in the like proportion and by the same means by him the said Earl 12 That the said Earl being Lord Deputy of Ireland on the ninth day of January in the Thirteenth Year of his Majesties Reign did then under colour to Regulate the Importation of Tobacco into the said Realm of Ireland issue a Proclamation in his Majesties Name prohibiting the importation of Tobacco without licence of him and the Councel there from and after the first day of May Anno Dom. 1638. after which restraint the said Earl notwithstanding the said restraint caused divers great quantities of Tobacco to be imported to his own use and fraughted divers Ships with Tobacco which he imported to his own use and that if any Ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own price And if that the owners refused to let him have the same at under values then they were not permitted to vent the same by which undue means the Earl having gotten the whole Trade of Tobacco into his own hands he sold it at great and excessive prizes such as he list to impose for his own profit And the more to assure the said Monopoly of Tobacco he the said Earl on the three and twentieth day of February in the Thirteenth Year aforesaid did issue another Proclamation commanding that none should put to Sale any Tobacco by whole sale from and after the last day of May then next following but what should be made up into Rolls and the same Sealed with two Seals by himself appointed one at each end of the Roll. And such as was not Sealed to be seised appointing six pence the pound for a reward to such persons as should seize the same and the persons in whose custody the unsealed Tobacco should be found to be committed to Goal which last Proclamation was covered by a pretence for the restraining of the Sale of unwholesome Tobacco but it was truely to advance the said Monopoly Which Proclamation the said Earl did rigorously put in execution by seizing the Goods Fining Imprisoning Whipping and putting the offenders against the same Proclamation on the Pillory as namely Barnaby Hubbard Edward Covena John Tumen and divers others and made the Officers of State and Justices of Peace and other Officers to serve him in compassing and executing these unjust and undue courses by which Cruelties and unjust Monopolies the said Earl raised 100000 li. per annum gain to himself And yet the said Earl though he inhanced the Customes where it concerned the Merchants in general yet drew down the impost formerly taken on Tobacco from six pence the pound to three pence the pound it being for his own profit so to do And the said Earl by the same and other rigorous and undue means raised several other Monopolies and unlawful exactions for his own gain viz. on Starch Iron-pots Glasses Tobacco-pipes and several other Commodities 13 That Flax being one of the principal and native Commodities of that Kingdome of Ireland the said Earl having gotten great quantities thereof into his hands and growing on his own Lands did issue out several Proclamations viz. one dated the one and twentieth day of May in the Eleventh of his Majesties Reign and the other dated the one and thirtieth day of January in the same year thereby prescribing and injoyning the working of Flax into Yearn and Thread and the ordering of the same in such ways wherein the Natives of that Kingdom were unpractised and unskilful which Proclamations so issued were by his Commands and Warrants to his Majesties Justices of Peace and other officers and by other rigorous means put in execution and the Flax wrought or ordered in other manner than as the said Proclamation prescribed was seized and imployed to the use of him and his agents and thereby the said Earl endeavoured to gain and did gain in effect the sole Sale of that Native Commodity 14 That the said Earl of Strafford by Proclamation dated the Sixteenth of October in the Fourteenth Year of his Majesties Raign did impose upon the Owners Masters Pursers and Boats-swains of every Ship a new and unlawful Oath viz. that they two or more of them immediately after the arrival of any Ship within any Port or Creek in the said Kingdom of Ireland should give in a true in-voice of the outward balke of Wares and Merchandises and number of Goods and the qualities and condition of the said Goods as far as to them should be known the names of the several Merchants Proprietors of the said Goods and the places from whence they were fraughted and whither they were bound to discharge which Proclamation was accordingly put in execution and sundry persons enforced to take the said unlawful Oath 15 That the said Earl of Strafford Trayterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue
the now Lord Chancellor and the Chief Justice of the Common-Pleas upon the Proofs in the Chancery decreed for the Plaintiff to which he refers himself and it may be the Lord Mountnorris was thereupon put out of his Possession To the Seventh he saith His Majesty being Intituled to divers Lands Lord Dillon his Patent questioned upon an Inquisition found Proclamation was made That such as Claimed by Patent should come in by a day and have their Patents allowed as if they had been found in the Inquisition and accordingly divers were allowed The Lord Dillon produced His Patent which being questionable he consented and desired that a Case might be drawn which was drawn by Counsel and argued and the Judges delivered their Opinions but the Lord Dillon nor any other were bound thereby or put out of Possession but might have traversed the Office or otherwise legally have proceeded that Case or Opinion notwithstanding To the Eighth he saith That upon Sir John Gifford's Petition to the King The Lord Loftus close Prisoner not delivering the Great Seal His Majesty referred it to the Deputy and Council of Ireland where the matter proceeding legally to a Decree against the Lord Loftus and upon his Appeal that Decree by his Majesty and his Council of England was confirmed to which Decree and Order he refers himself believing the Lord Loftus was committed for disobeying that Decree and for continuance in contempt committed close Prisoner He saith That the Lord Loftus having committed divers Contempts the Council by Warrant required him to appear at the Board and to bring the Great Seal with him which Order he disobeyed and was shortly after Committed and the Great Seal was delivered up by his Majesties express Command and not otherwise And an Information was exhibited in the Star-Chamber for grievous Oppressions done by the Lord Loftus as Chancellor whereof he was so far from justifying as that he submitted desiring to be an Object of his Majesties Mercy and not of his Justice The Earl of Kildare for not performing of an Award made by King James The Earl of Kildare Committed and of an Award made in pursuance thereof by the said Earl of Strafford upon a Reference from His Majesty was by the Deputy and Council Committed and a Letter being unduly obtained he did not thereupon enlarge him but upon another Letter and submission to the Orders as by the King was directed he was enlarged The Lady Hibbots and one Hoy her Son having upon a Petition Answer Examination of Witnesses and other Proceedings at Council-Board been found to have committed foul abuses by Fraud and Circumvention to have made a Bargain with the Petitioner Hibbots for Lands of a great value for a small sum of Money was Ordered to deliver up the Writing no Assurances being perfected or Money paid and it 's like he threatned her with Commitment if she obeyed not that Order but denieth that the Lands were after sold to Sir Robert Meredith to his use or that by any Order by himself made any one hath been Imprisoned concerning Freeholds but for debts and personal things as some have been used by all his Predecessors in like Causes To the Ninth he saith Warrants to such Effects have been usually granted to the Bishops in Ireland in the times of all former Deputies but the Earl not satisfied with the conveniency thereof refused to give any such Warrants in general to the Bishops as had been formerly done but being informed that divers in the Diocess of Down gave not fitting Obedience he granted a Warrant to that Bishop whereto he referreth which was the only Warrant he granted of that Nature and hearing of some Complaints of the Execution thereof he recalled it To the Tenth he saith The Lord Treasurer Portland offered the Farm of the Customs for 13000 l. per annum in some particular Species but the Earl of Strafford advanced the same Customs to 15500 l. per annum and 8000 l. Fine and by His Majesties Command became a Farmer at those Rates proposed without addition to those Rates as by the printed Books 7 Car. Regis may appear he disswaded the advance of Rates lately proposed by Sir Abraham Dawes so as it was declined the Rates of Hydes and Wooll are moderate consideration being had of their true value and of the Places whereto they are to be transported and of the Statute made in the time of Queen Elizabeth and there in force prohibiting the Exportation of Wooll unless they pay to the Crown 5 s. the Stone the Trade and Shipping of that Kingdom are exceedingly increased To the Eleventh he saith Pipe-staves were prohibited in King James's Time and not Exported but by Licence from the Lord Treasurer of England or Lord-Deputy of Ireland who had 6 s. 8 d. a 1000 and his Secretary 3 s. 4 d. for the Licence but to restrain that destruction of Timber by Command of His Majesty and Advice of His Council for His Revenue in Ireland first 30 s. then 3 l. the money was paid to His Majesty who hath thereby about 1500 l. per annum and his Lordship lost about 4 or 500 l. per annum which his Predecessors had for such Licences This is paid by the Transporter not by the Natives whose Commodity nevertheless appears by the Article to be very much increased To the Twelfth he saith The Subsidies there are an Inheritance in the Crown by Act of Parliament 6 d. was paid for Subsidy and 1 s. 6. d. for Impost upon every pound of Tobacco and Farmed 10 or 20 l. per annum the Commons in Parliament 10 Car. Regis finding the Revenue to be short of the Expence of that Kingdom 24000 l. per annum Petitioned those Grants might be applied to increase His Majesties Revenue without calling upon the Subject but upon urgent Occasions Hereupon upon the Advice of the Committee of the Revenue and in consideration of a Proclamation made in England several Proclamations were made and this settled in a way till it could be confirmed by Parliament for which purpose a Bill is transmitted according to the desire of the Commons and the Impost of Tobacco is Let to Contractors for eleven years at 5000 l. per annum for the first five years and 10000 l. per annum for the other six years and the Earl hath lent money to forward the business and by His Majesties Allowance is a Partner but hath not as yet in two years last past had any Accompts thereof or made benefit thereby He knoweth of no whipping or other punishment the Farmes of the Customs are better than formerly 2000 l. per annum five 8 parts whereof is yearly paid unto His Majesty the prices of Tobacco exceed not 2 s. or 2 s. 4 d. the pound the settling of that Revenue according to the Petition of the Commons he hath not raised or countenanced any Monopolies but opposed the same To the Thirteenth he saith He endeavoured to advance the Manufacture of
Linnen rather than of Woollen-Cloth which might prejudice that Trade here he bought Flax-seed in the Low-Countries and sold it at the same Rate to such as desired it they making their Cloaths not above a Foot broad and winding 8 or 10 threads from several bottoms together the contrary was twined their Flax formerly not above a Foot became a yard in length and that soil is fit to bear it and the People love such easie Works He hath set up many Looms made much Cloth and sold it to the loss of some Thousands of pounds but when the State saw the Natives would not change their old Courses for new and better the Proclamation was declined What he did was for the Publick Good and had nothing from them that was not fully paid for To the Fourteenth he saith He refers to the Oath and Proclamation which was set forth by the said Earl and Council of State there at the instance of the Farmers of the Customs towards the defrauding of the King's Duties being in France whereof His Majesty had five eight parts He never heard any Complain of the Oath or of any that refused to take it and conceived it to be lawful divers of the Council approving it being Learned Judges of the Law to whose judgment for the legality he submitted as well in that as to other matters of like nature To the Fifteenth He denieth what is in the Article Objected but saith That about the Year 1626. certain Agents authorized in Ireland were sent into England and offered and agreed to pay to His Majesty 120000 l. in Six Years towards the maintenance of his Army and a like payment of 20000 l. per annum was after agreed and continued for Three Years longer the Assessments were made and it was shortly after by them and the Lord Faulkland then Deputy agreed in Ireland that the Money should not be charged upon Record but levied by Captains by Paper-Assignments upon Warrants from the Lord Deputy and this course was held four Years in the Lord Faulkland's time and the four years wherein the Lord Loftus and the Earl of Cork were Lords Justices there and it held for the remaining year only after the Earl of Strafford came thither but the Earl of Cork having spared those Towns for the benefit of himself and Tenants during the time of his being Justice The Earl of Strafford reduced the Assessments to what it was made by the Lord Faulkland and gave way that Sir William St. Lieger Lord President of Munster to take the same Arrerages in satisfaction of a Debt due unto him by His Majesty and he is confident no force was used in levying the same It hath been usual to lay Souldiers to levy that Contribution to send Souldiers to apprehend Contemners of Orders made at Council-Board and the like and when Out-Laws and Rebels have been in the Woods no Souldiers have in his time been laid but by the Advice of the Council there Touching the Castle-Chamber it 's a parcel of the Territory of Ideough whereto the King was Intituled by Inquisition and the Possession established in a Legal way when the said Earl was in England and no Souldiers were sent but only 12 at the intreaty of Mr. Wanesford for security of his Houses and Plantations against Rebels that then were out and burned and spoiled Houses thereabouts and neither Richard Butler's or any other Family were thence expelled by the said Earl from their Estates To the Sixteenth he saith There was such a Proposition which was just to prevent clamorous Complaints here which there might be redressed but conceives that by the Laws there and the Articles known since by the name of the Articles of Grace made about Fourteen Years since none ought to depart that Kingdom without Licence Thereupon the Advice of the State the Proclamations were set forth but not with such intent as in the Article He denied Licence only to Three the Earl of Cork the Lord Mount-Norris and Sir Frederick Hamilton To the two former in regard of Criminal Suits then against them in the Castle-Chamber To the other by special Command from His Majesty but so soon as Sir Frederick said he would Complain of the Earl he made Suit to His Majesty That Sir Frederick might come over which was granted He conceives such restraint to be necessary and if that it be not continued it will prove of Evil Consequence to that Kingdom Parry was questioned at the Council-Board for Misdemeanors and to avoid Sentence secretly went out of the Kingdom and at his return for that and other Offences was Fined and Imprisoned to the Sentence thereof he refers and knows of no other that were Imprisoned as by the Article is Charged To the Seventeenth he saith It 's like he might say for the better encouragement of the Officers and Souldiers of the Old Irish Army in discharge of their several Duties that His Majesty was so well satisfied in the way and pains they took in using and practizing of their Arms that in that Point he would set them as a Pattern to be imitated and conceives it would not be ill if they were so they being in the Opinion of those that have seen them Exercise very Able and Expert Souldiers he spake not other words or to other purpose To the Eighteenth he saith When the Earl of Cork was one of the Lords Justices he seized some Houses in Dublin pretending they belonged to Jesuits and Fryers without Legal Proceedings which upon Suits prosecuted at Council-Board were according to Justice restored to the Owners but how since imployed the Earl of Strafford knoweth not but endeavoured the utmost he could to maintain that Seizure Touching the 8000 men he saith They were raised according to the King's Warrant and that the said Earl left the Care thereof to the Earl of Ormond and others and what number are Protestants what Papists he knoweth not but believeth such a Body cannot be there raised without many Papists the greatest number of the Captains and Officers are Protestants chosen by the said Earl The 1000 man were drawn out of the Old to make Officers for the New Army and believeth the 1000 put to the Old Army are Protestants in regard by his express Order no Papist is to be admitted there a Common Soldier He never preferred any Captain Lieutenant or Ensign to be of that Army that was a Papist and conceives they are duly paid and believes those newly raised exercise the Religion no otherwise than was practised before the Earl's coming thither He was a Commissioner to Compound with the Recusants for their Forfeitures and endeavoured to be informed of the utmost value of their Estates in four years he brought that Revenue from 2300 l. to be between 11 and 12000 l. per annum more than ever was raised formerly in so short a time by which faithful dealings for His Majesty he procured the hard Opinion of the Recusants throughout the Kingdom that out of those
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
of the same Quiver For Mr. Pym as a Prologue to those Designs acquainted the House That there were Informations of Desperate Designs at home and abroad to bring up the Army against the Parliament to surprize the Tower that the Earl of Strafford might Escape that Portsmouth was to be betrayed the French were drawing down their Army in all hast to the Sea side And to the same Effect was the Petition of the Rabble States men which follows THat whereas your Petitioners did yesterday Petition for the Redress of many Grievances Petition of the Rabble and for the Execution of Justice upon the Earl of Strafford and other Incendiaries and to be secured from some dangerous Plots and Designs on Foot to which your Lordships have this day given Answer that you have the same under Consideration for which your Petitioners do render humble thanks but forasmuch as your Petitioners understand that the Tower of London is presently to receive a Garrison of men not of the Hamblets as usually they were wont to do but consisting of other Persons under the command of a Captain a great Confident of the Earl of Strafford which doth encrease their fears of the suddain Destruction of King and Kingdom wherein your Lordships and Posterity are deeply interested and this is done to make way for the Escape of the Earl of Strafford the Grand Incendiary They therefore pray that instant Course may be taken for the discovery thereof and that speedy Execution of Justice be done upon the Earl of Strafford Hereupon the Lords sent six Peers to the Tower who Examining the Lieutenant he informed them he had a Command from the King to receive a hundred men under Captain Billingsley into the Tower thereby throwing an Odious Reflexion upon the King as if he were of confederacy for the Earl his Escape which his Majesty understanding did himself the Justice to let the Lords know by a Message That upon a Complaint of Sir William Balfour the Lieutenant of the Tower of the great Resort of People thither he Ordered the said Captain and his Company to guard the Munition there but if that occasion Jealousies his Majesty is willing to receive their Lordships advice And for the other fine story of the Earl's Escape is was discovered by the miracle of three good Wives of Wappings peeping in at the Key-hole out of Curiosity to see the Earl and they heard him discourse with his Secretary Mr. Slingsby about his Escape but Mr. Slingsby upon Examination absolutely denyed it as did also the Master of the Ship which was said to be laid for him only Balfour being Examined confessed the Earl had moved some such thing and offered him the King's Warrant for his Indemnity but whoever considers that he was a Scot a Confident of the Party and that all things were managed by Scottish Counsels Measures and Examples of Tumults and withal how unjustly he had traduced the King just before in the matter of Captain Billingsley will not at all admire he should make a little bold with his Conscience to keep his place to oblige his Friends and Countenance a Report which was so advantageous to the Designs that were then caarying on by Tumults and all the Artifices imaginable But that which puts it out of all doubt is the Letter which this noble Lord writ that very day to the King to pass the Bill of Attainder against him a Generosity as it was very uncommon so very inconsistent with the design of this pretended Escape which seemed rather Levelled at his Majesties Reputation among the People then to have any reality in it The Letter was this May it please Your Sacred Majesty IT hath been my greatest grief in all these Troubles The Earl of Strafford's Letter to the King May 4. to be taken as a person which should endeavour to represent and set things amiss between Your Majesty and Your People and to give Counsels tending to the disquiet of the Three Kingdoms Most true it is that this mine own private Condition considered it had been a great madness since through Your Gracious Favour I was so provided as not to expect in any kind to mend my fortune or please my mind more than by resting where Your bounteous Hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble Advices concluded still in this That Your Majesty and Your People could never be happy till there were a right understanding betwixt You and them and that no other means were left to effect and settle this happiness but by the Counsel and Assent of Your Parliament or to prevent the growing Evils of this State but by intirely putting Your Self in this last resort upon the Loyalty and good Affections of Your English Subjects Yet such is my misfortune that this Truth findeth little credit yea the contrary seemeth generally to be believed and my self reputed as one who endeavoured to make a separation between You and Your People under a heavier censure than this I am perswaded no Gentleman can suffer Now I understand the minds of Men are more and more incensed against me notwithstanding Your Majesty hath declared That in Your Princely opinion I am not Guilty of Treason and that You are not satisfied in Your Conscience to pass the Bill This bringeth me in a very great streight there is before me the ruine of my Children and Family hitherto untouch'd in all the Branches of it with any foul crime Here are before me the many ills which may befal Your Sacred Person and the whole Kingdom should Your Self and Parliament part less satisfied one with the other than is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortal men Life or Death To say Sir that there hath not been a strife in me were to make me less man than God knoweth my Infirmities make me and to call a destruction upon my self and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easy consent from Flesh and Blood But with much sadness I am come to a Resolution of that which I take to be best becoming me and to look upon it as that which is most principal in it self which doubtless is the prosperity of Your Sacred Person and the Common wealth things infinitely before any private mans interest And therefore in few words as I put my self wholly upon the Honor and justice of my Peers so clearly as to wish Your Majesty might please to have spared that Declaration of Yours on Saturday last and intirely to have left me to their Lordships So now to set Your Majesties Conscience at liberty I do most humbly beseech Your Majesty for prevention of evils which may happen by Your refusal to pass this Bill and by this means to remove praised be God I cannot say this accursed
time rested under great deliberation at last in a time when a great part of the Peers were absent by reason of the tumults and many of those who were present protested against it the said Bill passed the House of Peers and at length His Majesty the late King CHARLES the I. of Glorious Memory granted a Commission for giving His Royal Assent thereunto which nevertheless was done by His said Majesty with exceeding great sorrow then and ever remembred by him with unexpressible grief of Heart and out of His Majesties great Piety he did publickly express it when His own Sacred Life was taken away by the most detestable Traytors that ever were For all which Causes be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled That the Act Entituled An Act for the Attainder of Thomas Earl of Strafford of High-Treason and all and every Clause and Article and thing therein contained being obtained as aforesaid is now hereby Repealed Revoked and Reversed And to the end that Right be done to the Memory of the deceased Earl of Strafford aforesaid Be it further Enacted That all Records and Proceedings of Parliament relating to the said Attainder be wholly Cancell'd and taken off the File or otherwise Defaced and Obliterated to the intent the same may not be visible in after-ages or brought into example to the prejudice of any person whatsoever Provided That this Act shall not extend to the future questioning of any person or persons however concerned in this business or who had any hand in the Tumults or disorderly procuring the Act aforesaid Any thing herein contained to the contrary thereof notwithstanding May his and all the Innocent Blood that was shed after it for ever sleep and not like the Souls under the Altar call out Quousque Domine crying for Vengeance upon this Nation The Poets of the Age were not wanting to Embalm the Memory of so great a Mecaenas with Elegies and Epitaphs though such was the little Envy of his Enemies that they did not only suppress but punish the Printers and Publishers of them one Holmer being clapt up in the Gate-House by a Vote of the Commons for Printing Scandalous Verses upon the Earl of Strafford Among the rest Cleveland then great in Reputation bestowed these 2 Epitaphs upon this Noble Earl Epitaph upon the Earl of Strafford HEre lies Wise and Valiant Dust Huddled up 'twixt fit and just Strafford who was hurried hence 'Twixt Treason and Convenience He spent his time here in a Mist A Papist yet a Calvinist His Princes nearest Joy and Grief He had yet wanted all Relief The Prop and Ruin of the State The Peoples violent Love and Hate One in extremes lov'd and abhorr'd Riddles lye here And in a word Here lies Blood and let it lye Speechless still and never cry Epitaphium Thomae Comitis Straffordii c. EXurge Cinis tuumque solus qui potis es scribe Epitaphium Nequit Wentworthi non esse facundus vel Cinis Effare marmor quem cepisti comprehendere Macte exprimere Candidius meretur Vrna quam quod rubris Notatum est literis Eloquium Atlas Regiminis Monarchici hic jacet lassus Secunda Orbis Britannici Intelligentia Rex Politiae Prorex Hiberniae Straffordii Virtutum Comes Mens Jovis Mercurii ingenium lingua Apollinis Cui Anglia Hiberniam debuit seipsam Hibernia Sydus Aquilonicum quo sub rubicunda vespera occidente Nox simul dies visa est dextroque oculo flevit laevoque laetata est Anglia Theatrum Honoris itemque scena calamitosa Virtutis Actoribus morbo morte invidia Quae ternis animosa Regnis non vicit tamen Sed oppressit Sic inclinavit Heros non minus caput Belluae vel sic multorum Capitum Merces furoris Scotici praeter pecunias Erubuit ut tetegit securis Similem quippe nunquam degustavit vanguinem Monstrum narro fuit tam infensus legibus Vt prius legem quam nata foret violavit Hunc tamen non sustulit lex Verùm necessitas non habens legem Abi Viator Caetera memorabunt posteri Which for their sakes who understand not the Language I have thus Translated into English though not without loss to many of those Beauties and Graces which are so peculiar to the Latin as not to be expressed in our Language An Epitaph upon Thomas Earl of Strafford c. Rise Noble Dust Thou only canst unto thy self be just Write thine own Epitaph speak thy wonted sence Great Wentworth's Ashes can't want Eloquence Although his Innocence deserves an Elegy Whiter then Redstreak Marble can supply Yet weeping Marble tell Who does beneath thee dwell The Atlas of Monarchique State lies here The second Mover of Great Britains Sphere The King of Politiques Irelands Deputy And in a word Of Strafford and of Virtue the Illustrious Lord Does underneath this Marble breathless lye The mighty Jove did his great mind bestow and nimble Mercury his Wit Apollo on his Tongue did sit Ireland her self Englandto him did Irelandowe Bright Northern Star When in a Bloody Cloud he set Night and Day together met England did seem of her right Eye bereft To weep and laugh untowardly with what was left The Scene of Honour and the fatal Stage Of Virtuous and Distressed Innocence The Actors Envy and Three Kingdoms rage against them what Defence Opprest but yet not overcome he stood Vnconquered still and met the Rolling Flood Thus the Illustrious Hero bow'd For such he was at least He bow'd his Noble Head unto the Beast Of many Heads the Croud Into the Bargain thrown Of ready Money then paid down To Scottish Traytors to Invade the Crown The blushing Ax amazed stood It nere before had drunk such Blood A wonderous thing I tell Illustrious Strafford fell Obnoxious to the Law strange Crime Before the Law was made to punish him How Strafford dy'd then would you know Lawless Necessity gave the Fatal blow Pass on O Traveller wee 'd best Here leave him and Posterity to weep the Rest It will possibly be some satisfaction to the Curiosity of the Reader to see those Papers of Sir Henry Vane's which seem to have been of such considerable import as to have cast the Beam in the Fate of this great Person and indeed I had done it in its proper place had those Papers then come to my hands but however better late then not at all and if they contribute to the satisfaction of the Inquisitive they are to ow the Obligation as upon all occasions I shall do to the kindness of the Right Honourable Sir Francis North Late Lord Chief Justice of the Common-Pleas and now Lord-Keeper of the Great Seal of England who was pleased to furnish me with a Transcript of some Memoirs of the late Earl of Manchester's the Originals being written with the said Earls own
confessed he had taken to be secret Exceptions taken against the L. Digby for words concerning Goring's Oath saying he was a perjured man After a warm Debate upon it and he had in his Place Explained himself yet the House not being satisfied with it he was ordered to withdraw A Petition was this day read in the House of Lords The Factious Sectaries disturb the People at the Communion declaring the great Disorders committed in the Parish Churches of Saint Saviours and St. Olaves in Southwark in time of the Administration of the Communion hereupon it was Ordered That the Names of the particular Offenders be given in to this House and then this House will give such Order therein as stands with Justice and the Desert of the Cause These were the Men for Reformation whom nothing not the most Sacred Duty of Christian Religion could keep within the bounds of Decency and Order The Lords finding themselves Extremely Pressed by the bringing Writs of Errors upon Judgments into their House whereby the Publique Affairs were much retarded Order of the Lords about Writs of Error made this Order Ordered That such persons that bring in Writs of Error into this House upon a Judgment given in a Court of Justice and if it appear that there is no Just Cause of Error in the said Judgment but merely for delay of Justice and Execution that then such Costs is to be given against the Parties that bring the Writ of Error as the House shall think fit to give in that Case And that the Record shall be remitted whence it came that the Defendant may take out Execution upon the Judgment The House of Commons Sitting late the last Night upon the Debate concerning the Lord Digby Wednesday June 9. and some persons calling for Candles which the major part opposed being inclined to rise but by mistake the Candles being brought in Sir William Widdrington and Sir Herbert Price sent to the Tower for bringing in Candles against the desire of the House and Sir William Widdrington and Sir Herbert Price taking them from the Serjeant without a General Command which occasioned a great disturbance in the House Mr. Hollis made a Speech in aggravation of their Offence shewing That the House of Commons being a Rule and Example of Order there ought to be no Disorders within those Walls for that if there were such within well might it be Expected there would be without and that it might be the occasion of shedding much blood among themselves if upon such a difference Parties should have sided one against another Whereupon though both the Gentlemen made their Submission and craved the Pardon of the House yet they were immediately committed Prisoners to the Tower during the Pleasure of the House The House then fell upon the last Nights Debate concerning Colonel Goring's Discovery and it was Resolved Vote in favour of Colonel Goring's discovery c. That Col. Goring in his Depositions concerning the Discovery has done nothing contrary to Justice or Honor but has therein deserved well of the Commonwealth and of this House By this time I doubt not but the Reader 's Curiosity will prompt him to know the meaning of this Conspiracy which made as much noise in London and indeed throughout England as ever the famous Conspiracy of Cataline did at Rome I will give him the best Information I can from the Memoires of the Lord Manchester and in his own words TO prevent the Earl of Strafford's Death An Account of the Conspiracy in the Army from the Memoires of the Earl of Manchester saith he several Designs had been upon the Wheel but all failed therefore it was consulted how to Engage the Army in the North to serve the King in order to his Freedom from the Parliaments Fetters metre le Roy hors d' paye as the Royalists termed it This occasioned several Addresses to the Principal Commanders in the North but they were fearful and backward to entertain any Motions or Propositions which might put them upon a breach with the Parliament But Mr. Percy and Mr. Jermin finding a great discontent in those Commanders of the Army who were Members of Parliament as Col. Wilmot Col. Ashburnham and Col. Pollard who thought that their Services had merited much better of the Parliament then that the Scotch Officers and Scots Army should be preferred before them in their Gratuities and in their Pay These Commanders owning that the Parliament had disobliged them gave Mr. Percy a rise to press with greater Earnestness his design of Engaging them to serve the King and to that End an Oath of Secrecy was â—amed and others were admitted into their Confederacy as Mr. Jâ—â—â—in and Mr. Goring and Propositions were framed But it fell out in this as in most Conspiracies of the like Nature that though the same Oath was taken by all that met together yet it was not taken by all with the same persuasion or intention For Col. Goring whose Ambition was not answered in being promised the Place of Lieutenant General of the Army and finding others employed whose persons he disliked he having a full Information from Mr. Percy and Mr. Jermin of all the Design thought it would tend most to his Security and Advantage to reveal the Conspiracy and being versed in all the Methods of falshood he chose the Time and Means which he thought would be most acceptable and obliging to the Parliament He therefore first imparts it to the Earl of Newport who was his particular Friend and desired him to bring him to some other Lords of the Parliament such as might be most likely to prevent that Mischief which was intended and accordingly the next day about Evening the Lord Newport brought him to the Earl of Bedford and the Lord Mandeville to whom he first made a Protestation of his Fidelity to the Parliament and of his readiness to run all hazards for the Safety of it Then he imparted the substance of the Design and desired them to make what Use of it they thought fit for their own and the Common-wealths Security but not to bring him as the Accuser of the Persons except Necessity did require it The Lords who had this Design revealed unto them thought it necessary to discharge themselves and communicated it to some Members of the House of Commons by whose Advice it was agreed That Goring should repair to his Government at Portsmouth and that so soon as he was gone the Persons whom he had discovered to be Actors in this Design should be apprehended but private Notice being given to Mr. Percy and Mr. Jermin they prevented the Justice of the Parliament by their Escape out of England Mr. Percy with some difficulty and hazzard took Shipping in a private Port in Sussex Mr. Jermin ventured upon Goring's Faithfulness to him and brought unto him a Warrant under the King's Hand to see him safely transported in one of his Frigots which he obeyed with Care and
of this Church and Nation the Advancement of Religion and Learning the Encouragement of the Modest Hopes and Honest Endeavours of many Hundred Students in the Universities Who do and shall ever pray c. Dat. An. Dom. millesimo sexcent ' quad ' primo è Domo Convocationis in celebri Conventu Doctorum ac Magistrorum omnibus singulis assentientibus Upon Report from the Lords Committees for Priviledges The L. Morley to be Tryed by his Peers for the Murther of one Clark It is Ordered That the Lord Morley and Monteagle shall be Tryed at the Barr in this House touching the Murther of Peter Clarke and that a Writ of Certiorari shall be directed to the Lord Chief Justice of the Kings-Bench to bring into this House the Indictment and Examinations against the said Lord Morley remaining now in the Court of Kings Bench that the King's Attorney and the rest of his Majesties Learned Counsel shall give in Evidence on the Kings behalf against the said Lord Morley And that the said Lord Morley shall have Liberty to have Counsel to speak for him in point of Law only but not to matter of Fact And lastly That the Complainants shall be heard by their Counsel at the Barr at their said Tryal if they desire it And because that in one and the same Indictment the said Lord Morley and Mr. Kirke are both contained this House doth further Order That the Record of the Indictment for so much as concerns the said Kirke shall by this House be remanded to the Court of Kings-Bench that there he may be proceeded against according to Law A Message was sent up from the Commons by Mr. Hollis Letters to be opened this Week who said he was Commanded to let their Lordships know That the Commons have taken Notice of the Secret Counsels of Jesuits and other ill-affected persons in the Kingdom which are fomented by our Enemies abroad to disturb the Peace of this Kingdom and Scotland the desire of the House of Commons was That all suspected persons be stopped at the Ports and if Cause Examined and that the Letters of this Week which come from France may be stayed and brought to this House to be perused as hath formerly been Upon which the Lords Ordered That the Post-Master Mr. Thomas Witherings should bring the Letters accordingly and that suspected persons should be Examined and if there were occasion for it apprehended And the L. Privy Seal Earl of Cambridg Earl of Holland Viscount Say and Seal were appointed by the House to acquaint his Majesty with what the House Resolved in this business His Majesty coming this Day to the House of Lords the Commons were sent for to attend him by the Gentleman Usher of the Black Rod in order to his giving the Royal Assent to the Bill for Tonnage and Poundage when the Speaker of the Commons House addressed himself to his Majesty with this following Speech THat policy most Gracious and Dread Soveraign Mr. Speaker's Speech to his Majesty at the passing the Bill for Tonnage and Poundage June 22. 1641. which weighs the Prerogative of the King and Property of the Subject in the same Scales and increases the plenty of the Crown and contentment of the People the even poising of this Beam enables both the one being ordained for the preservation of the other This Principle is so riveted into the Hearts of your Subjects by the Acts of their Ancestors and Traditions of their Fore-fathers that it hath Created a belief in them that their Wills are bound to a due Allegiance and their Fortunes and Estates as well as their Duty and Subjection must bend to the Commands of that Soveraign power with which God hath invested your Sacred Majesty Compulsary obedience advanced by the transcendent power of Prerogative is too weak to support the right of Government It is the Affections and Estates of your People tyed with the Threads of Obedience by the Rules of Law that fastens safety and prosperity to the Crown The experiment of elder times in the Reigns of the most Valiant puissant Princes hath concluded this the Soveraign Preservative against the Diseases of distraction and confusion and makes it manifest to the World that the Honour and Glory of this Throne is to command the Hearts of Free-men This admitted the permission of the least diminution or any Eclipsed interposition between the Honor and Plenty of the Crown contracts a Scorn upon the Nation Several Parliaments in former times have stampt the Character of a free gift upon the Fore-front of this Aid still offered by the People as a Sacrifice of Thanks-giving to the Crown for the safe conduct of your Merchants and provision of the Navy to strengthen your undoubted Dominion over the Seas which hath protected your Allyes and is a Terrour to your Enemies Our hopes were long since to have setled this for the measure and the time and with this to have presented to your Sacred Majesty the triumphant Palm of Tranquility in all your Kingdoms But as a Ship Floating upon a Rough Sea we have been cast upon the Rock of Fear and Dangers and tossed on the Billows of distraction and distrust of Church and Common wealth where we yet remain hopeless ever to pass through that narrow Channel which leads to the Haven of Peace unless we be speedily Steered on by the hand of your Sacred Wisdom Care and Providence In the midst of all these troubles and the several Opinions which have been amongst us no division had power to distract any one of us from the care and Duty we owne to your Sacred Person And to that end am I now sent by the Commons of England to present this as a Mark only whereby your Sacred Majesty may view the inward duties of our Hearts until time and opportunity will give Leave for a further expression of our Duties and Affections The acceptation of this Gift will glad the Hearts of your People and the approbation by the Royal Assent of this Bill being the largest for the measure which was ever given will joyn Wings to our desires and hopes which shall never return without that Olive-Leaf which may declare that the Waters are abated and your Sacred Majesty way have full assurance of the Faith and Loyalty of your Subjects To which his Majesty was pleased to return this Gracious Answer My Lords and Gentlemen I Do very willingly accept Your Offer made at this time as a Testimony of your Love The King's Speech at the Passing the Bill for Tonnage Poundage June 22. 1641. and of that Dutiful Affection You owe Me and I no way doubt but that You will perform that which You have intimated unto Me in perfecting the other Bill when you have Liezure Likewise in passing this Bill you cannot but see a great Testimony of the Trust and Considence I have in Your Affections as since this Parliament begun I have omitted no Occasion whereby I may shew such
forbear doing to be Great to be Rich had he Children or Kindred or had none This highly unjust Judge by continuing sins maintained his Actions to preserve himself he knows to be found guilty in one of his offences the penalty of the Law for it therefore covers the offences committed with inventing and acting other For a Judge to be Unjust more hurts the Publique than any other he is not suspected What a Judge doth is looked on as a thing that ought to be done The most pernicious Great Man that by cunning hath got to himself the Heart and Tongue of his Prince his ill acts have dyed with him if not taken up by others and then they walk in darkness No man will justifie what he doth by saying Such a Favorite did it but the Unjust Judgments of this Judge were given in the Noon-day were done in the face of the whole Kingdom in the hearing of such as might carry the News to all Parts of the Realm and was therefore done His Unjust Judgments were our Records We have seen Wicked Great Men most Craftily Politique they hated our Laws yet not meeting with Active Judges moulded to their purposes they and their acts have dyed the Realm flourished but of late others less Politick meeting with most Unjust Judges every way as ill as they could wish them to be then did the Kingdom faint under the Load of its Misery did long struggle now it 's rising I assure my self your Lordships will assist to take off the Burden If the Designs of some would not have such a man to be at liberty a Warrant from some Lords of the Council would soon have laid him in Prison and given no cause had he moved this Judge to be Discharged or Bailed he could have obtained neither if their wayes would not have endured that man to live a Judge reviling the Prisoner and his Councel that moved for his Discharge or Bail joyned with the hate of some Great Man might soon have moved a Gaoler for unwholsome Rooms and Lodging and ill Dyet for his Prisoner and they may soon take Life away month July 1641. Offenders in Prisons are looked after to be safe only such are brought in by Power against Law are abused Had a great Man desired the Estates of others the breach of a Proclamation might readily have been charged against them in the Star-Chamber but they it may be could have answered and cleared themselves and proved their Answers by Testimonies had they been referred to this Judge he would have expunged the one suppressed the other Then followed Fines to the value of their Estates or more then Imprisonments of course till they paid such Fines your Lordships have heard what this Judge did to the Sope-boylers The Country-man followed the Plough and his thinking he was assured of his Right of Property and Liberty gave him ability to do it He believed his Neighbour his Landlord his King could not take his Goods from him without his consent He knew the usual payments by Law and in Extraordinary Causes thought to have that Care to choose such for his Knights of his Shire or for his Burgesses as might be mindful of the cause of payment and of his Estate This man hath heard the Opinions and Judgment of this Judge hath seen his Goods taken from him without his or his Knights of the Shire or Burgesses consent or advise These have made him his Wife and Children to joyn in tears to wish they had never been born they have made them think on many wayes to keep safe that Estate which was yet left them have made them desire to sell all their Goods and hide the Money but then he remembers this Judge how that he shall be carried to Prison and remain there if he pay not what please others to assess him Then they think idle persons the drones and moths of the Common-wealth to be a wise people who to be unworthy to live they formerly conceited They expect and can think of nothing but to be Beggars Where publick and enormous Offences have been committed eminent and notorious punishments must be such will make your Lordships Proceedings highly esteemed else there will be so many offenders as none without danger can be punished This Judge Subverting our Laws took away the Hearts of many he subscribed for the Kings Power but so as he put him on taking his Subjects Goods and of all other such ways be most dangerous For we know his Majesty is not the last that suffers and is not the King worth many Thousands The place of this Judge was to have given and preserved to the King the Hearts of his Subjects the due execution of the Laws had done this and when such notice is taken of a Prince none will conspire against him who cannot fain to themselves Safety before or after any fact committed Forraign Enemies will not Invade his Kingdoms Thus hath his Majesty now got our Hearts and will for ever have them This Judge is to answer for what his Majesty and for what we have suffered I am Commanded by the House of Commons to desire of your Lordships That the Proceedings against Sir Robert Berkley Knight one of the Justices of his Majesties Court of Kings-Bench may be in as speedy a way of Trial as the Course of Parliament will allow The Articles were as follow The Atticles of Impeachment of Sir Robert Berkley Knight one of the Justices of the Court of the Kings-Bench by the Commons in this present Parliament Assembled in their Own Name and in the Name of all the Commons of England in Maintenance of their Accusation whereby he standeth Charged with High Treason and other great Misdemeanors INprimis That the said Sir Robert Berkley Articles of Impeachment against Sir Robert Berkley c. July 6. 1641. then being One of the Justices of the said Court of Kings-Bench hath Trayterously and Wickedly endeavoured to Subvert the Fundamental Laws and Established Government of the Realm of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous and Wicked Words Opinions Judgments Practices and Actions appearing in the several Articles Ensuing 2. Whereas by the Statute made in the 25th Year of the Reign of King Henry the 8th Prices of Victuals are appointed to be rated in such manner as in the said Statute is declared But it is manifest by the said Statute Corn is none of the Victuals thereby intended Nevertheless some ill-affected persons endeavouring to bring a Charge upon the Subjects contrary to Law did surmise that the Prices of Corn might be rated and set according to the Direction of that Statute and thereupon great Gain might be raised to his Majesty by Licences and Dispensations for selling Corn at other Prices And a Command from his Majesty being procured to the Judges and sent to them by William Noy Esquire his Majesties then Attorney-General to deliver their Opinions touching
Indictments where the Matter in Issue being that the said Brook refused to Administer the said Sacrament because the said Ingram and Carter would not receive Tickets with their Sur-Names before their Christen-Names which was a Course never used amongst them but by the said Brook He the said Sir Robert Berkley did then much discourage the said Ingram's Councel and over-rule the Cause for matter of Law so as the Jury never went from the Bar but there found for the said Brook And the said Sir Robert Berkley bound the said Ingram to the good Behaviour for the prosecuting the said Indictments and ordered him to pay Costs to the said Brook for wrongfully inditing him And whereas the said Carter not expecting the Tryal at the same Assizes he preferred his Indictment was then absent whereupon the said Sir Robert Berkley did cause to be entred upon the said Indictment a vacat quia non sufficiens in lege and ordered an Attachment against the said Carter which said proceedings against the said Ingram and Carter by the said Sir Robert Berkley were contrary to Law and Justice and to his own knowledge 10. That the said Sir Robert Berkley being one of the Justices of the Court of Kings-Bench and duly sworn as aforesaid in Trinity Term 1637. deferred to discharge or bail Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Bar of the said Court the return of his Commitment being that he was committed by two several Warrants from the Lords of the Councel dated the fifth of November 1636. The first being only read in Court expressing no cause the other for not paying Messengers Fees and until he should bring a Certificate that he had paid his Assessment for Ship-Money in the County of Bucks but remitted him And in Michaelmas Term after the said Jenings being brought by another Habeas Corpus before him as aforesaid and the same returned yet he the said Sir Robert Berkley refused to discharge or bail him but remitted him And in Easter Term after several Rules were given for His Majesties Councel to shew Cause why the said Jenings should not be Bailed a fourth Rule was made for the said Jenings to let His Majesties Attorney General have notice thereof and notice was given accordingly and the said Jenings by another Habeas Corpus brought to the Bar in Trinity Term after and the same return with this addition of a new Commitment of the Fourth of May suggesting he the said Jenings had used divers scandalous Words in derogation and disparagement of His Majesties Government He the said Jenings after several Rules in the end of the said Trinity Term was again remitted to Prison And he the said Sir Robert Berkley did on the fifth of June last defer to grant His Majesties Writs of Habeas Corpus for William Pargiter and Samuel Danvers Esquires Prisoners in the Gate-House and in the Fleet And afterwards having granted the said Writ of Habeas Corpus the said Pargiter and Danvers were on the eighth of June last brought to the Bar of the said Court where the Returns of their Commitments were several Warrants from the Lords of the Councel not expressing any Cause yet he the said Sir Robert Berkley then sitting in the said Court deferred to Bail the said Pargiter and Danvers and the eighteenth of June last made a Rule for a new return to be received which were returned the 25th of June last in haec verba Whereas His Majesty finding that his Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their Obedience unto His Majesty but also as Enemies to invade and infest this His Kingdom of England to the danger of his Royal Person c. For prevention whereof His Majesty hath by the Advice of his Councel-Board given special Commandment to all the Lord-Lieutenants of the Counties of this Realm appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together into a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of his Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the force of the Enemies thereof to grant forth Commissions under His Great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to arm themselves and such as should not be of able Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the Charge of arraying others being able of Body and not able in Estate to arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further Order therein And whereas the Earl of Exeter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability to contribute amongst others to pay the Sum of five Shillings towards the arraying and arming of others of able Bodies and wanting Ability to Array and Arm themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a wilful and disobedient Manner refused to pay the said Money assessed upon him towards so important a Service to the disturbance and hindrance of the necessary defence of this Kingdom but also by his ill example hath mis-led many others and as we have just cause to believe hath practiced to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Persons of the said William Pargiter and Samuel Danvers and them safely to keep Prisoners till further order from this Board or until by due course of Law they shall be delivered Yet he the said Sir Robert Berkley being desired to Bail the said Pargiter and Danvers remitted them where they remained Prisoners till the Ninth of November last or thereabouts although the said Jenings Pargiter and Danvers on all and every the said returns were clearly Bailable by Law and the Council of the said Jenings Pargiter and Danvers offered in Court very sufficient Bail And he the said Sir Robert Berkley being one of the Justices of the Court of the Kings Bench denied to grant his Majesties Writs of Habeas Corpus to very many others his Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others his Majesties Subjects and on the return
no cause appeared or such only as was clearly Bailable by Law yet he remanded them where they remained Prisoners very long Which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir Robert Berkley and were Resolved on and Enacted when he was the Kings Serjeant at Law and attendant in the Lords House in Parliament 11. That whereas there was a Cause depending in the Court-Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tithes for Rents and Houses in Norwich and the said Collard moved by his Council in the Court of Kings Bench for a Prohibition to stay proceedings in the Court Christian at Norwich and delivered into the said Court of Kings Bench his suggestions that the said Cause in the said Court Christian was only for Tithes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir Robert Berkley being one of the Justices of the said Court of Kings Bench and sitting in the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Council did move in the said Court many several times and several Terms for a Prohibition And he the said Sir Robert Berkley deferred to grant his Majesties Writ of Prohibition to several other Courts on the motions of divers others of His Majesties Subjects where the same by the Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledge All which Words Opinions and Actions were so spoken and done by him the said Sir Robert Berkley Traiterously and Wickedly to Alienate the Hearts of His Majesties Liege People from His Majesty and to set a division betwixt them and to subvert the Fundamental Laws and Established Government of His Majesties Realm of England for which they do Impeach him the said Sir Robert Berkley one of the Justices of the Court of Kings Bench of High Treason against our Soveraign Lord the King His Crown and Dignity and of the misdemeanors above mentioned And the said Commons by Protestation saving to themselves only the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Robert Berkley and also of replying to the answer that he the said Sir Robert Berkley shall make to the said Articles or any of them or of offering Proof of the Premises or any other Impeachments or Accusations that shall be Exhibited by them as the case shall according to the course of Parliaments require do pray that the said Sir Robert Berkley one of the Justices of the Court of Kings Bench may be put to answer to all and every the Premises and that such Proceedings Examinations Tryals Judgments and Executions may be upon every of them had and used as is agreeable to Law and Justice Upon the Articles of Impeachments of the Lord Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston Mr. Hide by the Command of the Commons spake as follows My Lords THere cannot be a greater instance of a sick and languishing Commonwealth than the business of this day Good God! Mr. Hide 's Speech at the delivering of the Articles of Impeachment of the L. Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston July 6. 1641. how have the guilty these late years been punished when the Judges themselves have been such Delinquents 'T is no marvel that an Irregular Extravagant Arbitrary Power like a Torrent hath broke in upon us when our Banks and our Bulworks the Laws were in the custody of such Persons Men who had lost their Innocence could not preserve their Courage nor could we look that they who had so visibly undone us themselves should have the Vertue or Credit to Rescue us from the Oppression of other Men. 'T was said by one who always spoke excellently That the Twelve Judges were like the Twelve Lions under the Throne of Solomon under the Throne in Obedience but yet Lions Your Lordships shall this day hear of Six who be they what they will be else were no Lions who upon vulgar fears delivered up the precious Forts they were trusted with almost without assault and in a tame easie Trance of flattery and servitude lost and forfeited shamefully forfeited that Reputation Awe and Reverence which the Wisdom Courage and Gravity of their Venerable Predecessors had contracted and fastned to the places they now hold and even rendred that study and profession which in all Ages hath been and I hope now shall be of an honourable Estimation so Contemptible and Vile that had not this blessed day come all Men would have had that quarrel to the Law it self which Marius had to the Greek Tongue who thought it a mockery to learn that Language the Masters whereof lived in bondage under others And I appeal to these unhappy Gentlemen themselves with what a strange negligence scorn and indignation the faces of all men even of the meanest have been directed towards them since to call it no worse that fatal declension of their understandings in those Judgments of which they stand here charged before your Lordships But my Lords the work of this day is the greatest instance of a growing and thriving Common-wealth too and is as the dawning of a fair and lasting day of happiness to this Kingdom 'T is in your Lordships power and I am sure 't is in your Lordships will to restore the dejected broken people of this Island to their former joy and security the Successors of these Men to their old Priviledge and Veneration sepultas propè leges revocare My Lords the iniquity of Judges is infectious and their craftiest Combination to leave us as few innocent as may be Your Lordships have heard of the justice of Two of the greatest Courts of Westminster and that you may know how little advantage the other of his Majesties Revenue the Court of Exchequer hath of its fellows in the Administration of Right I am commanded by the House of Commons to present to your Lordships Three several Charges against three Judges of that Court my Lord Chief Baron Davenport Mr. Baron Trever and Mr. Baron Weston Your Lordships will please to hear them read Here the several Articles were read Your Lordships observe that the great Resolution in Ship-mony was a Crime of so Prodigious a Nature that it could not be easily swallowed and digested by the Consciences even of these Men but as they who are to Wrestle or run a Race by degrees prepare themselves by Diet and lesser Essays for the main Exercise so these Judges enter themselves and harden their hearts by more
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
for a Prohibition to stay Proceedings in the Court Christian at Norwich and delivered into the said Court of Kings-Bench his Suggestions that the said Cause in the said Court Christian was for Tythes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir John Brampston being Chief Justice of the said Court of Kings-Bench and sitting the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Councel did move in the said Court several Times and several Terms for a Prohibition And he the said Sir John Brampston deferred to grant His Majesties Writs of Prohibition to several Courts on the Motions of divers others of His Majesties Subjects where the same by Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledg And the said Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir John Brampston and also of replying to the Answer that he the said Sir John Brampston shall make unto the said Articles or any of them or of offering Proofs of the Premisses or any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliament require do pray that the said Sir John Brampston Lord Chief Justice of the Court of Kings-Bench may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice Mr. Hollis also according to the Order of the House of Commons at this Conference made application to their Lordships in the behalf of Sir Randal Crew in this manner My Lords THese Gentlemen have represented unto your Lordships the sad object of Justice perverted Liberty oppressed Mr. Denzil Hollis his Speech about Sir Randal Crew July 6. 1641. of Judgment turned into Worm-wood the Laws which should be the Bars of our Gates to protect us keep us and all that is ours in safety made weak and impotent to betray us unto the hands of violence instead of Props to support us become broken Reeds to deceive us and run into our sides when we lean upon them even so many snares to entrap and entangle us And all this by the perfidiousness of those who are entrusted with our Laws who call themselves the Guardians and the Interpreters of the Law but by their accursed Glosses have confounded the Text and made it speak another Language and another Sense than ever our Ancestors the Law-makers intended Our Ancestors made Laws to keep themselves their posterity after them in the possession of their Estates these Judges could make the Law it self rob us and despoil us of our Estates Were we invaded and persecuted at any time for pretended Crimes or rather because they were free from Crime And did we put our selves upon a legal defence and shelter our selves under the Buckler of the Law use those Lawful Weapons which Justice and Truth and the Common Right of the Subject did put into our hands would this avail us No these Judges would make the Law wrest our Weapons from us disarm us take away all our defence expunge our Answers even bind us hand and foot and so expose us naked and bound to the mercilesness of our Oppressors were our Persons forced and imprisoned by an Act of Power would the Law relieve us when we appealed unto it No it would joyn hands with violence and add bitterness to our sorrow these Judges would not hear us when we did cry no importunity could get a Habeas Corpus Nay our cryes would displease them and they would beat us for crying and over-do the unjust Judge in the Gospel with whom yet importunity could prevail My Lords The Commons of England finding themselves in this lamentable condition by the wickedness of these Judges It is no wonder that we complain of them it is no wonder if the Knights Citizens and Burgesses Assembled in Parliament have sent up some of their Members to stand upon Mount Ebal to Curse these Judges to denounce a Curse upon them who have removed our Land-marks have taken away the Bound-stones of the Propriety of the Subject have left no Meum Tuum but he that had most might had most right and the Law was sure to be on his side It hath been the part of these Gentlemen who have spoken before me to pray for justice upon those men who would not do justice to others My Lords I come upon another Errand and yet for justice too for there is justice upon Mount Gerezim as well as upon Mount Ebal It is as great a point of justice to give a blessing a reward where it is due as punishment where punishment is due For reward and punishment Praemium poena be the two legs that Justice walks on and reward is her right leg the more noble and the more glorius Supporter of that Sacred and Divine Body that which God himself the Foundation of Justice doth more delight in Tradior ad poenas Deus est ad praemia velox Punishment is good as Physick in the Consequence Reward as wholesome and nourishing Food in the Essence the one we do because we must do it as necessary the other because we love to do it as being pleasing and delightful Your Lordships then I doubt not will as willingly joyn with the Commons in doing good to a good Judge as in punishing of the bad My Lords We honour them and reckon them Martyrs for the Common-wealth who suffer any thing by defending the Common Right of the Subject when they will not part with their own Goods contrary to Law when indeed their private interest goes along with it or rather before it and the publick Concernment seems to come but in a second place such were those many whom these Judges have oppressed yet these Men we magnifie and judge worthy of Praise and Reward But what honour then is he worthy of who meerly for the publick hath suffered himself to be divested and deprived of his particular such a Judge as would lose his place rather than do that which his Conscience told him was prejudicial to the Common-wealth Is not he worthy of double honour And this did that Worthy Reverend Judge the chief Judge of England at that time Sir Randol Crew because he would not by subscribing countenance the Loan in the first year of the King contrary to his Oath and Conscience he drew upon himself the displeasure of some great Persons about his Majesty who put on that project which was afterwards condemned by the Petition of Right in the Parliament of Tertio as unjust and unlawful and by that means he lost his place of Chief Justice of the King's-Bench and hath these fourteen years by keeping his innocency lost the
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
Parochial Churches That in all Parochial Churches of England and Wales where there is on the Lords Day no Preaching in the Afternoon if the Ministers will maintain a Conformable Lecturer at their own Charge the Parson or Vicar shall give way to it unless he will Preach himself Ordered That this House doth Assent That the Speaker of the House of Lords shall present unto his Majesty in the Name of both Houses the humble Advice of both Houses concerning the Manifesto His Majesty having appointed both Houses to attend him at the Banquetting-House in Whitehall at Three of the Clock in the Afternoon they accordingly attended where the Manifesto and the Parliaments proceedings upon it were read which were as follows The King 's Manifesto about the Palatinate CHARLES By the Grace of God King of Great Britain France and Ireland Defender of the Faith c. To all to whom this present Manifesto shall come Greeting TO the end that the Endeavours of Our late Dear Father King James of Blessed Memory and Our Own Proceedings since his Death in the Cause of Our Dear and Onely Sister Brother in Law and Nephews Electors and Princes Palatine of the Rhine may not be forgotten or pretendedly unknown wherein We have studied and laboured nothing more than Peace of Christendom and the avoiding the effusion of Innocent Blood by seeking the Restitution and Re-Establishment of the Electoral House Palatine in their Ancient Rights Dignities and Possessions within the Empire out of which they have been by Violence and Force of Arms and other undue Proceedings expelled and banished contrary to the Ancient Laws and Constitutions of the Sacred Empire We have thought fit for the Vindication of Our Own Honour to call to mind and to publish to all the World both a Summary Relation of Our Actions and Endeavours past and Our present Resolutions in the same Cause IT cannot be unknown to all the Princes and Estates of Europe and more particularly to those who have had any interest or relation to the Publick Affairs of Germany how both Our Self and Our Father have during these Twenty Years past by many and several Ambassages Treaties and other Negotiations to Our great Expence and Charges both with the late Emperour Ferdinand the King of Spain and other Princes and Estates of the Empire endeavoured by all Friendly and Treatable means to procure the Restitution and Re-Establishment of Our said Dear Sister Brother-in-Law and Nephews in their Ancient Rights and Possessions as the only and possible way to settle a good and firm Peace in the Empire and consequently with all Princes interessed therein without which it is impossible to expect or hope for a good durable and honest Pacification of those Troubles which have already almost rent and consumed and involved all the Princes of Christendome in a most Bloody and Destructive War And for a clear Demonstration of Our sincere Intentions not only Our own Pious Inclination and Care of the Publick Peace hath induced Us to omit divers Occasions whereby we might by such Power as God hath put into Our Hands have prevented the Violences and Oppressions used to Our said Sister and Nephews But We have been led on and invited thereunto by divers Promises Assurances and Reversal Letters both from the late Emperor and King of Spain and other Usurpers of the Inheritance of the Electoral House Palatine that they would at last in Contemplation of Our Mediation hearken and incline to a Just and Honest Peace by the Restitution of the Estates and Dignities of Our dear Sister and Nephews whereby we have been drawn not only to pass by Our own and the Publick Interest and to forbear to Engage Our Arms in so just a Cause but also have procured by Our Fathers and Our Authority the withdrawing and disbanding of the Forces of Count Mansfelt out of the Palatinate and advanced divers Truces and Cessations of Hostility or Defence only to prepare the Way of amiable Composition according to the Hopes and Promises to that end given Us and particularly have caused the Surrender and Deposition of some Places of Strength into the Hands of the late Infanta of Spain upon reciprocal Assurances of a final Pacification or Restitution But what Effects all these Our Peaceable and Christian Endeavours have produced and how all Our Pious Negotiations have been either delayed or deluded thereby and by process of Time to root and Establish the Usurpations of the House Palatine and Our Patience and Piety thereby abused is so manifest by the continual Oppression of Our said dear Sister and Nephews that We are forced to Protest that there hath nothing succeeded either to Our Desires or Hopes but a Resolution of Despair of ever obtaining by the Ways of Justice Treaty or Amity that which hath been so often promised to and expected of the Lovers of Christian Peace Notwithstanding We having lately received Advice from Our dear Uncle the King of Denmark that at last by his Mediation and Procurement the present Emperour and Duke of Bavaria have condescended to a Treaty to be held at the Diet at Ratisbone upon the sixth Day of May last past for the Reviewing and the Resetling of the Controversies of the House Palatine as a Preparation and Inducement to a General Peace and Amnestia through the whole Empire And that he with some of the Electors of the Empire is accepted as Mediator of the said Cause and hath received strong and pregnant Assurances of a better Inclination and Disposition toward the re-establishment of the Electoral Eamily in their Rights and Dignities And to that end hath procured convenient safe Conduct from the Emperor to Our Nephew and His Brethren freely to come in Person or to send their Deputies to that Diet at the Time and Place appointed with all other Clauses requisite for their Safeties Going Abiding or Coming from thence and there to plead the Justice of their own Cause and that in Prosecution thereof he hath Instructed and Dispatched His Ambassadors to assist either in Person or by the Deputies of Our Nephews at the said Treaty of Pacification and hath desired Us herein to Comply with him by sending Our Ambassadours Qualified and Instructed to the same Purpose of procuring a Good and Setled Peace within the Empire according to the Intimation of the Princes Electors signified to Him by their Letters thereby desiring Us to Assist in the present Assembly at Ratisbone To which end Our Nephew the Prince Elector Palatine having resolved by Our Counsell and Advice to send his Deputies according to the Invitation and Hopes intimated of a good Issue to be expected by the amiable way of Treaty and Composure We have also thought fit not to be wanting to so good a Design so concurrent to Our own and the Desires of so many Princes and in some Hope of better Fruits then hitherto all Our Endeavours have produced Have resolved to make this Our last Tryal by the way of Treaties and to send
Our Ambassador to the Emperor and other Princes in the said Diet Assembled And to that purpose have given him full Power and Instructions to contribute all Our Authority to the Procurement and Setttlement of a good and blessed Peace by the reestablishment and restitution of the Possessions and Dignities of our said dear Sister Nephews and Electoral Family without which no Peace can either be honest or secure Hereby Exhorting and Desiring all other Kings Princes and States our Friends Allies and Confederates who shall either be present at the said Diet or shall have their Ambassadors or Deputies there that they will be assisting to the Justice of so good a Cause and to so great a Blessing as the restoring of Peace to the almost desolate Estate of Germany But because We may have just Cause to doubt by many Experiences of Our former Endeavours that the Issue and Fruit of this meeting may not be answerable to Our just Expectation but rather that it may produce contrary Effects to the prejudice of the Justice and Rights of Our said Nephews and their Family which God forbid we are hereby forced to protest against all Acts Sentences Conclusions or Determinations whatsoever which shall or may be had made or declared either in Confirmation of the Oppressions and Usurpations past or any Additions thereunto for the future as invalid and of no power or effect In which Case being contrary to Our desire and expectation We also further protest and declare that We will not abandon neither Our own nor the Publick Interest nor the Cause Rights and just Pretences of Our dear Sister and Nephews and other Princes and States involved within their Oppressions But that We will use and employ all such force and power wherewith God hath enabled Us both by Our own Arms and the help and assistance of all Our Allies and Friends to vindicate Our own Honour the Publick peace and redress of the Injuries Usurpations and Oppressions of Our said dearest Sister and Nephews and their Illustrious Family And hereby as we do profess to use all our endeavour and Power to promove a happy and desired Peace for the Consolation of the distressed Empire so We do appeal to Almighty God the Inspector of the Hearts of all Princes and to the World the Spectator of all Our just Actions that We will be innocent before God and the World of all the Evils that may ensue if these Our last Hopes shall be delayed or abused HIs Sacred Majesty of Great Britain being resolved in Case this his last Endeavor by his Extraordinary Ambassador sent to the Diet at Ratisbone for a friendly Accommodation of his Nephew the Prince Elector Palatines Affairs should prove fruitless to have his said Embassy without further loss of Time seconded by more powerful and effectual means went to His Parliament on the Fifth day of July last and there after the dispatch of some other Affairs presented the above written Manifesto with these Words I Take this occasion to present to both Houses That whereby I hope all the World shall see that there is a good Understanding between Me and My People It is concerning My Nephew the Prince Elector Palatine who having desired Me by the Advice of the King of Denmark to assist him in a Treaty for his Restauration at the Diet now held at Ratisbone by the Emperour I could not but send My Ambassador for that purpose though I much doubt that I shall not have so good an Issue of it as I wish The which My Nephew foreseeing hath desired Me for the better Countenancing of his Just Demands to make a Manifesto in My Name which is a thing of that Consequence that if I should do it alone without the Advice of My Parliament it would be of much less force Therefore I do here propose it unto you That by your Advice I may do it for that way I think it most fit to be published in My Name THe said Manifesto concerning the Restitution of the Electoral Palatine Family having been Seriously Considered by both Houses They togethe reame to his Majesty in the Banquetting-House on the Twelfth of July last where the Speaker delivered the said Houses their Opinion and Resolution in this manner YOur Majesty in your Royal Person was pleased to recommend this Manifesto touching the Palatine Cause to be read in full Parliament and to be advised of by both Houses Both the Houses have seriously considered of it and have commanded Me to present these their Humble Advices unto your Sacred Majesty which are expressed in this Declaration which hath passed the Votes of both the Houses and which I am commanded to read unto your Majesty Dei Mercurii 7 Julii 1641. Resolved upon the Question That this House doth approve of His Majesties Pious Intentions in the behalf of His Royal Sister and His Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the publishing this Manifesto to that purpose and that this House will be ready to give His Majesty such advice and assistance therein by Parliament as shall stand with the Honour of His Majesty and the interest and affections of this Kingdom if the present Treaty shall not succeed Die Sabbathi 10 Julii 1641. Resolved in like manner upon the Question by the House of Peers That they do concur in this Vote with the House of Commons I am likewise Commanded to present the humble desires of both the Houses of Parliament That Your Majesty will be pleased to recommend this Manifesto to the Parliament of Scotland to have the Concurrence of that Kingdom THus much was delivered by the Speaker of the House of Peers both Houses then attending His Majesty in the Banquetting-House at White-Hall To which His Majesty was graciously pleased to make them this Answer WE take very thankfully the Concurrent Advices of both the Houses of Parliament in so great and pious a Work declared in these Votes and Resolutions which you have read unto Us. We will also take care to recommend this Manifesto unto the Parliament in Scotland to have the Concurrence of that Kingdom which We doubt not but they will perform Mr. Treasurer reports in a Paper His Majesty's Answer to the Third of the Ten Heads presented in the Painted Chamber in haec verba MY Answer is That I know of none The Kings Answer to the 3d of the 10 Propositions about ill Counsellors the which Methinks should both satisfie and be believed I having granted all hitherto demanded by Parliament Nor do I expect that any should be so unadvised as by slander or otherwise to deter any that I trust to in my Publick Affairs from giving me Counsel especially since freedom of Speech is always demanded and never refused to Parliaments This Gracious Prince was so unwilling to disoblige even by any Casual Word that might bear a hard Construction that His Majesty immediately sent a Second Paper in these Words Which was delivered at
truely incident and belonging to the Place of Chief Justice of the said Court of Common-Pleas should be restored and continued they have Vnanimously Resolved Voted Declared and Ordered That the said Offices of the first and third Prothonotary of the said Court of Common-Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of the Clerk of the Treasury and of all the Phillizers and of all the Exigenters except for the County of Monmouth do by right belong to the Disposition of the Lord Chief Justice of the said Court of Common-Pleas for the time being and that the Grants formerly made by Letters Paents of the said Offices or Clerks Places or any of them are illegal and void in Law and it is further Ordered That the said several Letters Patents herein mentioned shall be forthwith brought into this House Mr. Comptroller brings a Message from the Queen in Writing Wednesday July 21. in these Words WHen the Parliament did the other Day The Queens Message by Mr. Comptroller express their Affections to Me in taking into Consideration the Journey which I had resolved on for the recovery of my Health and represented a Desire of My stay with a tender Care of removing all Occasions of My Indisposition I could not then give them a positive Answer such as I desired for their Satisfaction because I knew not if My Health would give way unto it but since that Time I have resolved to venture my Health and for complying with their Desires not to go since My Presence here will be acceptable unto them and that they conceive it will be for the good of the Kingdom for I desire nothing more then to let them see that I shall in all things be ready to gratifie them and to serve the State though as I then said with the hazzard of my Life Upon the Receipt of which Message it was Ordered That the Bill for the Queens Joynture shall be reported this Afternoon and Mr. Comptroller is to represent to Her Majesty that this House is very sensible of the favor done by Her Majesty and that they are thinking of some more solemn way of representing it Ordered That the same Committee that attended Her Majesty before shall meet with the Committee of Lords to present Thanks to Her Majesty at such time as their Lordships shall think fit and a Conference to be desired with the Lords about it their Lordships having had the like Message from Her Majesty sent to their House At which Conference it was agreed to return Her Majesty Thanks in these Words as was reported by Mr. Hollis BOth Houses of Parliament have with very much Comfort and Thankfulness received that Gracious Message Mr. Hollis Reports the thanks of both Houses to the Queen for putting off her Journey to the Spaw whereby your Majesty hath been pleased to declare your Resolution of staying your intended Journey at their humble Desire which they hope will be no Prejudice to the Recovery of your Health but rather an advancement of it by that Contentment which You will receive from the continual Expression of their Affection and Zeal to do you Service And they have commanded Me in their Names to declare that both Prayers and Indeavors shall concur in all things tending to your Majesties Wellfare and Prosperity These Promises were well observed when they voted her Majesty a Traitor afterwards for assisting the King against them in an Actual Rebelbelion The Queens Answer Thursday July 22. Cessation continued 15 days longer which they shall ever esteem as a very great Blessing both of the Kingdom and of themselves To which Her Majesty returned this Answer I Am very glad that both Houses of Parliament have taken my Resolution of staying my Journey in so good Part they may see by it I have preferred their Content before My Health and I shall still continue to do all lies in My Power to serve the King and for the good of this Kingdom and to please them as they have already seen The Cessation of Arms was voted to be continued Fifteen Days longer from the expiration of the present Term upon the same Conditions if the Treaty continue so long This Day Mr. Smart who Articled against Dr. Cosins was by Order of the Lords restored to his Prebend in Durham and had also the Vicaridge of Aycliff in the Bishoprick of Durham bestowed on him upon the Death of Dr. Carr the present Incumbent So forward was the Zeal of the Faction to incourage and reward these Men who had been the Opposers of the Government and the real Incendiaries by promoting false and scandalous Accusations against the Bishops and the Dignified Clergy A Report from the Committee of Seven Ordered That the Articles then Reported be kept secret They were about the Conspiracy but not being entred in the Journal I cannot oblige the Reader with them The Earl of Bristol reported the Answer of the Scots Commissioners to the Two Propositions Earl of Bristol Reports the Scots Answer about disbanding which the Lords Commissioners were Ordered by this House to propound to them The Answer was ALthough the extreme necessity of the Army hath been so represented unto us as that the Arrear and 80000 l. of Brotherly assistance have not been sufficient to disband our Army and pay the most necessary present Charges yet have we not refused to agree to your desires in every thing within our Power which moveth us who are but a few of the Commissioners to offer not only the representing of our present desires to the General and Committees but the perswading of their condescending so far as necessity can permit both about the time of disbanding our Army so much desired by us all and which will be done chearfully and readily as soon as the Articles are ratified in the Parliament here and the Mony that shall be agreed upon sent and received at Newcastle As also for continuing the forbearance of the payment of 80000 l. for some short time But we are bold to desire an Alteration in your Lordships Paper that it may be the most possible for them to agree thereto as all the by-gone Arrears would be presently sent to Newcastle that they may have time to make Accompts and prepare for Disbanding so all the Arrears that will be due to the last day of the Payment of our Army may be shortly satisfied either here at London for answering Ecxhanges or sent to Newcastle to help the Disbanding there And for the 80000 l. that your Lordships would offer to Deliver and Embarque the same here before the Tenth of August that it may be in Scotland against the King's coming or the 20th day of the said month at farthest because divers have lent all their Moneys and sold all their Victuals for the publick use of the Army who must now be supplied with some part of their Mony and price of their Victuals otherwise it
and came immediately to these Votes upon it Resolved c. That this House doth conceive that the Protestation made by this House is fit to be taken by every Person that is well affected in Religion and to the good of the Common-Wealth Votes about taking the Protestation and impeaching the Bishops and therefore doth declare that what Person soever shall not take the Protestation is unfit to bear Office in the Church or Common-Wealth Resolved c. That the Knights Citizens and Burgesses and the Barons of the Cinque Ports respectively shall forthwith send down to the several Places for which they serve Copies of this Vote of the House concerning the Protestation Resolved c. That these Votes shall be printed and Attested under the Clerks Hand It was also Ordered That a Committee shall prepare an Impeachment against the Bishops the Makers of the New Canons and Oath upon the Votes that have past both Houses concerning these Canons and Oath to meet this Afternoon in the Inner Court of Wards The farther Debate concerning the Bill for abolishing Episcopacy Saturday July 31. was this Day reassumed by the Commons who were extremely Nettled at the throwing out the Bill for taking the Protestation out of the Lords House and it was Ordered That the Knights and Burgesses of every County bring in the Names of nine Persons who were to be Ecclesiastical Commissioners upon whom the Power of the Church Government should be devolved and that no Clergy-Man should be of the Commission So that upon the Matter here was to be a thorough Reformation indeed and not only the Bishops were to be excluded from Government but even all the Inferior Clergy A Government so far from Primitive that no Age ever saw any thing like it and which had it succeeded would have justified the Vulgar Scomm of the Papists that our Religion is a Parliament Religion The Treasurer of the Nvay made a Report that there is due to the King's Navy 113000 l. In the House of Lords this Day An Order of the Lords for secure conveyance of the Money to the Army was made an Order for the more secure conveyance of the Money to the Army WHereas His Majesties Treasure for his Army is forthwith to pass thorough several Counties unto York forasmuch as it is held fit for the more safe Conveyance of it that the same should be guarded by Day and Watched by Night These are therefore in the Name of the House of Parliament straightly to Charge and Require you in your several Counties respectively to appoint some able and sufficient Persons of Quality to aid and guard his Majesties said Treasure from Time to Time and from Place to Place through the several Counties and to appoint some like Able and Sufficient Men to Watch and Guard the same by Night at every Town and Place where the same shall stay as Occasion requires You are likewise to provide convenient Rooms for the Treasure and Lodging of those that attend it and Carts and Teams for the conveyance thereof paying the usual Rates wherein you may not fail to use all possible Care and Diligence as you tender the high Displeasure of this House and will answer the contrary at your utmost Perils for which this shall be a sufficient Warrant Dated the second Day of August 1641. To all Majors Sheriffs Justices of Peace Bailiffs Constables Headboroughs and all other his Majesties Officers and loving Subjects whom it may concern month August 1641. to be aiding and assisting to William Harrison and Nicholas Goldsborough and other Conductors of the said Treasure The Lords being startled at this way of Procedure Monday August 2. Difference between the Lords and Commons about printing the Votes for taking the Protestation in the Commons in the Votes of Friday about the Protestation sent a Message to them for a Conference but the Message not expressing the Subject of it the Commons took it ill and refused to meet as being contrary to the Custom of Parliament but afterwards they sent by Messengers of their own desiring to know of their Lordships the Occasion of their former Message upon which their Lordships informed them that it was about the printed Papers injoyning the taking of the Protestation Whereupon a Conference being had the Lords acquainted them that they desired there might be a fair Correspondence between both Houses and in Order thereunto they desired to be satisfied of two things by the Commons 1. Whether those Printed Papers were the Votes of their House 2. Whether they were Printed by their Command To both which they were Answered affirmatively and that they would give their Lordships further satisfaction in it This Day these Bills being thrice read in the Lords House Several Bills passed the Lords House for Hool Chappel for Gun-Powder and for Stannery Court and Eggars Free-School and put to the Question were passed there 1. The Bill for making the Chappel of Hool a Parish Church 2. The Bill for free bringing in of Gun-Powder and Sal-Petre from Forreign Parts and for the Free making of Gun-Powder in this Realm 3. The Bill for regulating the Stannery Courts 4. The Bill for Eggars Free-School in Alton in Com. Southam At a Conference this Day with the Lords Tuesday August 3. Mr. Hollis made this following Speech in Justification of the Votes of the Commons upon Friday concerning the General taking of the Protestation My Lords Mr. Hollis's Speech in justification of the Votes for taking the Protestation Aug. 3. 1641. I Am commanded by the Knights Citizens and Burgesses to present unto your Lordships their Answer to what was proposed yesterday 1. They take notice of your Lordships desire that a true intelligence may he kept between the two Houses for so your Lordships did express it In this they do with all cheerfulness concur with your Lordships as knowing this conjunction between your Lordships and them is the Golden Chain which binds up in one Gordian knot the Strength the Beauty the Happiness of this Kingdom which so knit together is not to be broken in sunder of the fiercest violence Therefore who desires to unlink this Chain and dissolve this Knot or fails of his part to the preserving and continuing it fast and firm and entire let the sin of it lye at his Door nay let it come into the midst of his House and consume it let him perish and his posterity Inherit only his shame So careful will the House of Commons be to cherish and maintain this good correspondency with your Lordships in all things Then for the business about which your Lordships were then pleased to confer with them which was a Printed Paper you had met withal as you said in your House setting forth some Resolutions of the House of Commons concerning which you have put unto us these two Interrogatories viz. The first and second Votes which were read As before Friday 30 July And not finding this Paper attested by the
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
of the Peace of each several County Shire or Riding within England or Wales and also the Majors Bailiffs Justices of the Peace Jurats or other Head-Officers of or within any Town Corporate or Priviledged place respectively or any one or more of them together with some or one of the Persons nominated in the said Ordinance are to see the same forthwith put in Execution and shall have power to call the High Sheriff of every County and his Ministers all Constables and Tithing men and other Officers or any of them when and as oft as they shall think fit to be aiding and assisting to them from time to time within their several Limits and Jurisdictions in the due performance of this Service and to do and execute all and every such thing or things as shall be requisite and necessary in that behalf and the said Members of the said House of Commons are respectively required to see the said Ordinance forthwith put in execution II. The said Persons Authorized are to inform themselves by all convenient means and ways of all such Arms Gun-powder and Munition of what kind soever as any Popish Recusants convict or other Persons whatsoever either of the Nobility or others which is or shall be Indicted for Popish Recusants and such Indictments either removed by Certiorari or being not removed shall not by appearance and Traverse or otherwise be Legally discharged or which shall not have repaired to Church more then once in every month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making of the said Ordinance or which shall refuse to take the Oaths of Supremacy or Allegiance upon lawful tender thereof made or whose Children or Grand-children or any of them being at their dispose or in the House with them are bred up in the Popish Religion or have not repaired to Church within one whole year next before the making of the said Ordinance according to the Laws and Statutes of the Realm or whose Houshold Servants or any numbers of them are of the Popish Religion hath or have in his or her House or Houses or elsewhere or in the Hands and Possession of any other to his or her use or at his or her disposition and are to search all such places where any such Arms Gun-powder or Munition of any such Popish Recusant or other Person whose Arms by the said Ordinance is to be taken away is placed or deposited or supposed to be placed or deposited III. They are to take and Seize all such Arms Gunpowder and Munition as aforeaid in whose hands or Custody or in what place the same shall be other then such Weapons as shall be by the said Persons so Authorized thought fit to remain and be allowed to the said Recusants or other Popish Persons as aforesaid for the defence of his or her Person or Houses and shall cause the same to be placed in some City or Town Corporate or other convenient Town of the same County and there safely kept at the costs and charges of the owners thereof and the Armorer to be admitted to dress and amend the same so oft as need shall require IV. And if any such Popish Recusants or other Persons as aforesaid or any other Person or Persons which have or hath or shall have any such Arms Gun-powder or Munition in his or their hands or Possession to the use of such Recusant or other Person as aforesaid or by his her or their appointment shall conceal the said Arms Gunpowder and Munition or any part thereof or shall refuse to discover the same to the said Persons so Authorized or otherwise wilfully oppose hinder or disobey the said Persons Authorized or any of them in the execution of the said Ordinance that then every such Popish Recusant and other Person so offending shall be held a contemptuous Person and be liable to such further punishment as by the Parliament upon certificate thereof made shall be thought fit and the Persons Authorized are to certify their names accordingly They are also to make Certificates to the Parliament of all such Arms Gunpowder and Ammunition as they shall take or seize by force and vertue of the said Ordinance as also the Person and Persons whose the same were and from whom they were so taken and in what places the same are found or taken and where and in what City Town or Place and in whose custody the same shall be left or deposited and what Order they shall take concerning the same and shall likewise certify what Arms and Munition they shall leave to such Recusants or Persons as aforesaid for the defence of his or her Person or House V. They are to inquire what Popish Recusants have lately had any Arms or Munition taken away by whom and by what means and where and in whose hands the same remain and to take care that the same be safely placed and kept in such manner as aforesaid and to make Certificates thereof to the Parliament VI. To take care that the said Arms and Munition so to be Seized and taken away by force of the said Ordinance may so be placed and disposed of as there may not be too great a quantity thereof at the same time in one and the same City Town or Place but that it may be distributed and placed in several Towns and Places in such manner and proportion as shall be most conveninet for the use and safety of the Kingdom After which it was Ordered Tuesday August 31. That this House agrees and Concurs with the House of Commons in the whole Ordinance and Instructions The foresaid Ordinance and Instructions were appointed to be delivered privately to the House of Commons to be Ingrossed A Message was sent by the Lords by Dr. Exceptions taken by the Commons for the Lords sending a Message by one Person only Bennet for a Conference to let them know the Lords desired the Ordinance for disarming Recusants might be Ingrossed but the House taking notice of it that the Message came by a single Person the Commons took Exceptions at it and Mr. Hollis was sent to signifie so much and to let them know that for this time they were willing to pass it over only desiring it might not be drawn into President hereafter as also to desire that the Ordinance signed by the Speakers of both Houses might be printed and published throughout the Kingdom which was done accordingly And the Lords by another Message signified to the Commons that the Reason why they sent but one Messenger was because they had no more Assistants then present A Vote was also passed for removing the Communion Table Resolved upon the Question That this House holds it fit that the Church-Wardens of every Parish Church or Chappel do forthwith remove the Communion Table Vote for Removing the Communion Table from the East end of the Church Chappel or Chancel where they stand
Councel for his necessary Defence in Point of Law which may happen upon the Matter of High Treason of which he is impeached and in Point of Law and Fact upon the Matters of Misdemeanors of which he is Impeached That for the few Daies until the time of his Tryal he may remain in the Custody of the Sheriff of London where he hath remained a true Prisoner for almost three Quarters of a Year in whose House all his Collections and Papers are for his Defence And that he may have your Lordships License to go with a Keeper to Serjeants Inn to look out some Papers which he hath there and shall have Occasion to produce at his Tryal as also there to Confer and Advise with such Councel as your Lordships shall please to admit or Assign unto him And your Petitioner according to his bounden Duty shall allways pray for the continuance of your Lordships Honor and Happiness c. The Names of such Councel as your Petitioner most humbly desires are The Princes Attorney Mr. Recorder of London Mr. Herne Mr. Thorp Mr. Fountain Mr. Bierley Mr. Lightfoot Mr. Brome Subscribed Robert Berkley Before the House resolved of any Answer herein The Bishops withdraw being a mixt Charge the House was Adjourned into a Committee to consider whether the Bishops should not withdraw during the Agitation of this Business it being a mixt Charge of Treason as well as Misdemeanor after a long Debate the House was resumed and it was agreed That the Matter of Treason should be first Ordered at which the Bishops are to withdraw and when the Matter of Misdemanor come into Agitation they are to come into this House again to their Places Hereupon the Bishops withdrew themselves and after a long Debate it was Ordered That Mr. Justice Berkley shall have a Warrant for to bring such Witnesses as he shall have Occasion for to testifie for him at his Trial in Matters of Misdemeanors but not in Matters of Treason Then the Lords the Bishops were called in and the Lord Keeper declaring unto them the Sense of this Order they gave their Consents thereunto And further it was Ordered That the Princes Attorney Mr. Recorder of London Mr. Herne Mr. Bierly Mr. Thorp shall be assigned of Council for Mr. Justice Berkley in Point of Law which may happen upon the Matter of Treason and in Point of Law and Fact upon the Matters of Misdemeanor at his Trial the second of November next And that the said Justice Berkley shall still remain in the Custody of George Clerk Esquire one of the Sheriffs of the City of London where he is now and that he have Liberty to go to Serjeants Inn in Fleet Street one Day when he shall think good with his Keeper to look out some Papers which he hath there and shall have Occasion to use at his Tryal Then Mr. Justice Berkley was called in and the Lord Keeper pronounced the aforesaid Order to him for which he gave their Lordships most humble Thanks Mr. Warwick Reports Five Conge de Estires for new Bishops to be petitioned to be stayed That there were Directions given from his Majesty for the drawing up of Five Conge d' Eslires for the making of Five New Bishops viz. Dr. Prideaux Dr. Brownrick Dr. Holdsworth Dr. Winniff and Doctor King Upon which Mr. Strode moves the House to send up a Message to the Lords to desire them to joyn in Petitioning his Majesty for the staying the making of these new Bishops till the Charge against the other Bishops was dispatched This day Information was given into the House of Lords that since the Act for bounding the Forrest many Riots were committed upon the occasion of killing of Deer pretending they were not within the Bounds of the Forrest and that in Oxfordshire in one of those Fraies a Keeper was killed It was also moved that the Bill for disabling Persons in Holy Orders from exercising Temporal Jurisdiction might not be read at present it having been voted against as to the Substance in a former Bill this Sessions but it was Ordered to be read a second time to morrow Morning peremptorily Mr. Pym Reports the Reasons for Excluding the Thirteen Bishops Wednesday October 27 in Order to the delivering them at a Conference with the Lords and desires that Mr Solicitor may have the mannaging of the Business On the other Side Mr. Solicitor excused himself and desired that Mr. Pym might manage it whereupon it was to end the Contest Ordered That Mr. Pym and Mr. Solicitor should have the mannaging of the whole Business concerning the Bishops and accordingly they did so at a Conference with the Lords upon this Subject The Lord Privy Seal Reported the Conference yesterday with the House of Commons concerning Bishops viz. Mr. Mr. Pym's Speech at the Conference about Excluding the Bishops from Voting in the Case of the 13 Bishops impeached Oct. 27. 1641. Pym declared from the House of Commons That there is nothing of greater importance to the safety and good of the Kingdom then that this High Court of Parliament which is the Fountain of Justice and Government should be kept pure and uncorrupted from Corruption free from Partiality and by-respects this will not only add Lustre and Reputation but Strength and Authority to all our Actions Herein he said your Lordships are specially interessed as you are a Third Estate by Inheritance and Birth-right so the Commons are publickly interessed by Representation of the whole Body of the Commons of this Kingdom whose Lives Fortunes and Liberties are deposited under the Custody and Trust of the Parliament He said The Commons have commanded him and his Colleague Mr. Solicitor General to present to your Lordships two Propositions which they thought very necessary to be observed and put in Execution at this time 1. That the 13 Bishops which stand accused before your Lordships for making the late pretended Canons and Constitutions may be Excluded from their Votes in Parliament 2. That all the Bishops may be suspended from their Votes upon that Bill intituled An Act to disable all Persons in Holy Orders to exercise any Jurisdiction or Authority Temporal The first of these is committed to his Charge and he said he was commanded to support it with three Reasons First That the 13 Bishops have broken that Trust to which every Member of Parliament is obliged which Trust is to maintain 1. The Prerogative of the King 2. The Priviledge of Parliaments 3. The Propriety of the Subject 4. The Peace of the Kingdom And this Trust they have broken not by one Transient Act but by setting up Canons in Nature of Laws to bind the Kingdom for ever That the Canons are of this Nature appears by the Votes of both Houses and that they were all Parties to the making thereof appears by the Acts of that Synod The Book it self the Commons cannot tender to your Lordships because they sent for it but he that hath the Book in Custody
to be restored to his Possession and to hold the same quietly untill he shall be Evicted by Course of Law And we think fit that Mr. Blackston should be left to his Remedy and Course at Law to try his Title to the same Church and for such Wrongs as he supposeth that Mr. Cook hath done unto him And that Mr. Cook be left also to his Remedy and Course in Law for such Wrongs and Damages as he doth Alledg that Mr. Blackston hath done unto him All which we â—â—mbly submit to your Lordships Wisdom 25 October 1641. John Bramston John Bankes Upon this the House Ordered The Order of the Lords upon it That the Possession of the Rectory of West Thorney shall be setled upon the said John Cook according to the aforesaid Certificate and that the Sheriff and Justices of the Peace shall give him Possession and continue him quietly in the same until he shall be evicted by Course of Law and that the rest of the Certificate is hereby fully confirmed and Mr. Blackston left to his Remedy and Course of the Law to try his Title to the same Church A Message was brought from the House of Commons by Mr. The Tryal of Judge Berkley put off Perpoint to let their Lordships know That by reason many of their Witnesses are in Places remote so as they cannot be ready for the Tryal of Mr. Justice Berkley on the second of November next therefore the Desires of the House of Commons are that their Lordships would be pleased to take the same into Consideration and put the Tryal off for some Longertime whereupon it was Ordered That the Day of Tryal of Mr. Justice Berkley is put off from the Day appointed until this House gives further Order herein and Mr. Justice Berkley is to have speedy Notice hereof In the Commons House it was this day Ordered That the Orders concerning the Soldiers to depart the Town shall be Printed and Published as also the Orders made by the Lord General the Lords also Assenting A Committee was also appointed An Order of Commons to make such as they voted Delinquents Estates forfeifted Debate in the House of Commons concerning the five new Bishops to present the Names of those Persons that are Voted Delinquents by this House to the end the House may present such of their Names as they shall think fit to the Lords whereby their Estates may be lyable for their Offences Then the House fell into Debate concerning the Conge d' Eslires for the making of the five New Bishops and upon the Question the House was divided with the Yeas were 71 with the Noes 53. Whereupon a Committee was appointed to prepare Heads for a Conference with the Lords to desire them to joyn with this House in a Petition to his Majesty to stay the making of the five Bishops until further Consideration be had by both Houses The Lord Keeper reported the Conference with the Commons touching the Safety of the Kingdom and the Security of the Princes Person to this Effect Saturday October 30. Report of the Conference about the Safety of the Kingdom c. That the House of Commons are full of Tenderness of the King's Honor Duty to the King's Person and his Posterity It was said that it was not News now a-Days to hear of dangerous Designs they having newly discovered some more therefore the House of Commons have Reason to look into every Corner whence Danger may come And upon Information the House of Commons understands that of late the Prince hath been much from his own House at Oatlands out of the Custody of his Governor they do not doubt of the Motherly Affection and Care of the Queen towards him but there are dangerous Persons at Oatands Priests and Jesuits as hath of late appeared by some Examinations taken and some of them are sent for by the House of Commons Vpon these Reasons the House of Commons desires That a Message be sent to the Lord Marquiss of Hertford from both Houses of Parliament That he should forthwith take the Prince into his Custody and Charge and attend upon him in Person and desire that the Prince may make his Ordinary Abode and Residence at his own House at Richmond and that his Lordship will place such Persons about him as he will be answerable for to both Houses Whereupon it was Resolved To send the Lord Chamberlain to the Lord Marquiss of Hertford and the Earl of Holland to acquaint the Queen herewith and to present Her Majesty the Reasons of it In the House of Commons Mr. King reports the Case of the Soap Business Votes about the Soap Business in the H. of Commons Whereupon it was Resolved upon the Question That all those who made the Decree in the Star-Chamber are Delinquents Resolved c. That the Proclamation dated 26. Januarii 1633. made in pursuance of the Decree of Star-Chamber of the 23 of August 1633. for regulating the Trade of Soapers and two other Proclamations the one dated 13 July 1634. and the other dated the 25 January 1634 concerning Soapers are illegal and tend to the Subversion of the Laws of this Realm and are against the Liberty of the Subject Resolved c. That the Orders of the Council-Board of 29th of September 1634. of the 24 of November 1634. of the 29th of July 1635. concerning the Soapers and of the 18 of December 1636. for a Commission to Sir John Hales Knight and John How Esquire and the Dormant Warrant of the One and Thirtieth of December 1636. to such of the Soapers of Westminster were Illegal and against the Liberty of the Subject Resolved c. That all who Signed the Warrants were Delinquents Resolved c. That the restraining of the Subjects Persons the Examination of them upon Oath against themselves the imposing of Fines upon them and the Sharing of those Fines by Colour of the Order of the Council-Table dated the 10 of December 1636. and a pretended Commission directed unto Sir John Hales Knight and John How Esquire are Illegal month November 1641. and a Grievance to the Subject and the same were put in Execution by the said Sir John Hales John How and Corporation of Soapers of Westminster and their Officers and they for the doing thereof are Delinquents and ought to make amends to the Parties damnified thereby Resolved c. That the Matter agreed upon by the Indentures of Covenants dated the 12th of April 1636. made between the King and Sir Henry Compton and the rest of the Soapers of Westminster are Illegal and a great Grievance to the Subject and of dangerous Consequence in the Execution Resolved c. That these several Parties viz. That were Covenanters with the King by the Indenture of Covenant dated the 12th of April 1636. are Delinquents and ought to make Amends to the Common-Wealth and to all such as after these Covenants entred into were restrained the Vse of their Trades of making Soap or sustaining
found guilty of them be punished Yet we may not omit although no motive whatsoever could justifie their Vndertakings to represent That before they fell from their Obedience to the Government Sir William Parsons one of the Lords Justices that supplied the Deputy's place at a publique Entertainment before many Witnesses did positively declare That within a Twelvemonth no Catholick should be seen in Ireland Many hands were sought and Thousands were found to subscribe a Petition tending to the introducing a severe Persecution against Catholiques who were the far greater number of the Inhabitants of Ireland and the menace of an Invasion of a Scottish Army of which men did at that time frequently discourse bred frightful apprehensions So as these and other Grounds of suspition being improved by such among them whose particular Interests could be most favoured and better advanced in Vnquiet Times laid the Foundation of that Rebellion But even those Men and at that time when the Lords Justices did not appear to be prepared for Resistance by their Remonstrance humbly begg'd their Grievances might be redressed by the Advice of the Two Houses of Parliament then met at Dublin But the Lords Justices who by their Words and Actions not only Expressed their unwillingness to stop the farther growth of these Distempers but meant to increase them and were often heard to wish That the Number were greater of such as became Criminal by Proroguing the Parliament made them Desperate However the Nation by their Representatives in the two days which were only allowed them to Sit husbanded their time so as to leave to Posterity a Monument of their aversion to such attempts by declaring That those men had Trayterously and Rebelliously taken Arms and offering to employ their Lives and Fortunes in reducing them to their Obedience if they might be permitted then to Sit. But this was denyed them and by a strange change from the Ancient Form of Government a Parliament then Sitting was Prorogued whereas our Ancestors upon a far less occasion then quieting of so high distempers were usually called upon to Assist the King with their Advice To this may be added That the Earl of Ormond proposed at the Council-Board the raising of 5000 Men in the space of Three Weeks if he might be authorised so to do with which Strength he undertook to dissipate those then weak beginnings of the Ensuing Mischiefs and to prevent their farther growth but was refused it so as thus far we may observe who they were that widened the Wound instead of stanching the Blood This Foundation being thus laid that which at first was but a spark and might be easily quenched began to Flame And freedom of Rapine having suddenly drawn Numbers together the unrepress't Conspirators became a Formidable Army and besieged Tredah passing the River of Boyne which was the Rubicon of the Pale and had in all former Rebellions been maintained with their blood by those antient English Colonies planted there Now it was that the Times began to favour the Design of the Lords Justices and their Party in the Council which was as forward as they to foment the Distractions for the Ulster Army lying in the Bowels of the Country the Forces being not yet come out of England and the Natives themselves both unarm'd and distrusted by the State they were forced at first by their Regular Contribution to prevent the desolation which would have followed their refusal to supply them Hereupon such Contributors began to be looked upon and Character'd as Men fallen from the Government And a Party that was sent from Dublin having killed at Santry but three Miles distant from thence some innocent Husband-men among whom there was two Protestants and carried their heads as in Triumph to the City the neighbour Inhabitants alarm'd thereat had recourse to such Weapons as first came to hand and gathered in a Body whereupon the Lords Justices set forth a Proclamation in Nature of a safe Conduct by which these so in Arms and Mr. King of Clantarffe by special name had five days respite to come in and present their Grievances But before three Nights of the time prefixed were Expired Mr. King 's House was Pillaged and Burnt by direction of the Lords Justices Not long after supplies being arrived out of England and the Siege of Tredagh Raised and consequently the force removed which necessitated the Inhabitants to comply with the Ulster Army the Nobility and Gentry of the Pale prevailed with Sir John Read His Majesties Sworn Servant a stranger to the Country un-engaged and an Eye-witness of their proceedings then upon his Journey to England to take the pains to present their Remonstrance to His Majesty and to beg Pardon for what they were thus compelled to Act. But he poor Gentleman coming to Dublin was apprehended and not concealing the Message intrusted with him was put to the Rack the most part of the Questions which were then asked him in Torment being no other then such as might lead him to accuse the King and Queen to be Authors and Fomenters of that Rebellion Moreover the Two Houses of Parliament in England for the better inducing the Rebels to repent of their wicked attempts commended to the Lords Justices according to the Power granted them in that behalf to bestow His Majesties Gracious Pardon to all such as within a Convenient time c. should return to their Obedience The Lords Justices notwithstanding such Order and His Majesties Gracious Pleasure signified to that effect by their Proclamation dated in November 1641 limited such His Majesty's and the Parliament's of England their favourable and general intentions to the Inhabitants of a few Counties provided always they were not Free-holders and afforded them no longer time then Ten days after the Proclamation to receive benefit thereby But notwithstanding these Restrictions the Lord of Dunsany Sir John Netervill Patrick Barnewal of Kilbrue and many others who had notice of His Majesties Gracious Inclination towards the Nation and the Parliament of England 's Order in favour of them submitted to the Lord Marquess of Ormond then Lieutenant General of His Majesties Army who recommended them to the Lords Justices intimating that the good Vsage to be Extended to them would have an Influence on many others and be a great Motive to quiet the Distempers which then began to spread But the Lords Justices whose Design was not to be carried on by Mercy and Indulgence to prevent Submissions Imprisoned and Indicted by a Jury which did not consist of Freeholders those so Submitting and put the said Mr. Barnewal of the Age of 66 years to the Torture of the Rack This notwithstanding the Noblemen and Gentry inhabiting the Country next to Dublin applied themselves humbly by their Letter to the Lords Justices which when the Earl of Castlehaven a Nobleman of English Birth who freely before that time had access to Dublin came to present he was made a Prisoner Wherefore when the Nation observed That their advice in
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
this Kingdom and in Pursuance thereof they and every of them have Traiterously Contrived Introduced and Exercised an Arbitrary and Tyrannical Government against Law thorowout this Kingdom by the Countenance and Assistance of Thomas Earl of Strafford then Chief Governor of this Kingdom II. That they and every of them the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas and Sir George Radcliffe Knight have Traiterously assumed to themselves and every one of them regal Power over the Goods Persons Lands and Liberties of his Majesties Subjects in this Realm and likewise have Maliciously Perfidiously and Traiterously Given Declared Pronounced and Published many False Unjust and Erroneous Opinions Judgments Sentences and Decrees in Extrajudicial manner against Law and have Perpetrated Practised and Done many other Traiterous and unlawful Acts and Things whereby as well divers Mutinies Seditions and Rebellions have been raised as also many Thousands of his Majesties Liege People of this Kingdom have been Ruined in their Goods Lands Liberties and Lives and many of them being of good Quality and Reputation have been utterly defamed by Pillory Mutilation of Members and other infamous Punishments By means whereof his Majesty and the Kingdom have been deprived of their Service in Juries and other Publick Imployments and the general Trade and Traffick of this Island for the most part destroyed and his Majesty highly Damnified in his Customs and other Revenues III. That they the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther Knight and Sir George Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other Traiterous Courses have laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings all which Offences were contrived Committed Perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their Oaths of the same at such times as the said Sir R. Bolton Knight was Lord Chancellor of Ireland Chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord Chief Justice of the said Court of Common-Pleas and against their Oaths of the same and at such time as the said John Lord Bishop of Derry was actual Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their Allegiance several and respective Oaths taken in that behalf IV. For which the said Knights Citizens and Burgesses do Impeach the said Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight aforesaid and every of them of High-Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the Liberty of exhibiting at any time hereafter any Accusation or Impeachment against the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their Answers which they and every of them shall make to the said Articles or any of them and of offering Proof also of the Premisses or of any other Impeachment or Accusation as shall be by them Exhibited as the Case shall according to the Course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight and every of them be put to Answer to all and every of the Premisses and that all such Proceedings Examinations Tryal and Judgment may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Thus did these Popular Reforming Protestants help to unhinge the Government and not only helped forward the Designs of the Irish if Sir John Temple's observation before mentioned be true of their endeavours to push out the present Ministers and to get into their places but they gave great Countenance especially to the Vulgar and colourable pretences to the Ensuing Rebellion when even the Protestants of the Parliament of Ireland as well as the Parliament of England by their severe Procedure against the Earl of Strafford for misgovernment and Oppressions done in Ireland by impeaching of these Persons and by their repeated loud Complaints of Grievances Wrongs and Injustice publickly defamed his Majesties Government and proclaimed to the whole World That those Miseries which the Irish suffered under those their Governors and for the Redress of which they pretended to take up Arms were so great real and intolerable that both the Parliaments of England and Ireland were so deeply sensible of them as to acknowledg and thus bitterly inveigh against them Nor were the active men of the Commons House there less busie but the Lawyers Darcy Martin Plunket Cusack Brown Linch Bodkin Evers and others took upon them with much confidence to declare the Law and to frame several Queries which being proposed to the Judges and their Modest Answers not being satisfactory they gave out Resolutions of their own upon them such as might serve their Interest and Designs rather then comport with the Honor Duty and Allegiance which they owed to their Soveraign The Queries together with the Judges Answers to them as also their own Resolutions which were transmitted hither I find in the Paper-Office as followeth Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions IN as much as the Subjects of this Kingdom are Free Queries propounded by the Parliament of Ireland to the Judges of that Kingdom Loyal and Dutiful Subjects to his most Excellent Majesty their Natural Liege-Lord and King and to be governed only by the Common Lawes of England and Statutes of Force in this Kingdom in the same manner and form as his Majesties Subjects of the Kingdom of England are and ought to be Governed by the said Common-Laws and Statutes of Force in that Kingdom which of Right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birth-right and best Inheritance Yet in as much as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years introduced and practised in this Kingdom did tend to the infringing and violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious Intentions Therefore the Knights Citizens and Burgesses in
Judge to take Four shillings per pound out of all Increases unto his Majesty upon Compositions on defective Titles by avoiding such Patents as the same Judge condemns in an Extrajudicial way This last Question is added by Order of the Lords House Copia Vera Ex. per Phill. Percivall The Answer and Declaration of the Judges unto the Questions Transmitted from the Honourable House of Commons unto the Lords Spiritual and Temporal in Parliament Assembled whereto they desired their Lordships to require the said Judges Answers in Writing forthwith 1. FIrst The Judges Answer to the Queries propounded by the Parliament The said Judges do in all Humbleness desire to represent unto your Lordships the great sense of Grief they apprehend out of their Fear that they are fallen from that good Opinion which they desire to retain with your Lordships and the said House of Commons in that notwithstanding their humble Petition and Reasons to the contrary exhibited in Writing and declared in this most Honourable House your Lordships have Over-ruled and often Commanded their Answers unto the said Questions Although they have informed your Lordships and still with assurance do aver That no Precedent in any Age can be shewn that any Judges before them were Required or Commanded to give Answer in Writing or otherwise unto such general or so many Questions in such a manner in Parliament or elsewhere unless in that time of King Rich. 2. which they humbly conceive is not to be drawn into Example And therefore they yet humbly Supplicate your Lordships so far to tender their Professions and Places and their Relation to his Majesties Service as to take into your serious Considerations the Reasons annex'd unto this their Answers before their Answers be answered or admitted among the Acts of this High Court And that if your Lordships in your Wisdomes shall after think fit to give any Copies of their Answers that for their Justification to the Present and Succeeding Times your Lordships will be pleased to require the Clerk of this most Honourable House That no Copy may be given of the said Answers without the said Reasons 2. Secondly The said Judges humbly desire your Lordships to be pleased to be informed That the words in His Majesties Writ by which they are Commanded to attend in Parliament are That the said Judges shall be present with the Lord Justices or other Chief Governor And your Lordships at the said Parliament called Pro ardus urgentibus Regni negotiis super dictis negotiis tractaturi Confilium suum impensuri And they desire your Lordships to take into your serious Considerations Whether any Advice may be required by your Lordships from them but concerning such particular matters as are in Treaty and Agitation and Judicially depending before your Lordships upon which your Lordships may give a Judgment Order or Sentence to be recorded among the Orders and Acts of this Honourable House And whether they may be Commanded by your Lordships to Subscribe their Hands unto any Opinion or Advice they shall give upon any matter in Debate before your Lordships there And whether your Lordships conceive any final Resolution upon the maâ—ters contained in the said Questions 3. Thirdly Although the said Questions are but 22 in number yet they say That they contain at least Fifty general Questions many of them of several matters and of several natures within the Resolution of which most of the greatest Affairs of this Kingdom both for Church and Common-wealth for late years may be included And therefore the said Judges do openly aforehand profess That if any particular that may have Relation to any of those Questions shall hereafter come Judicially before them and that either upon Argument or Debate which is the Sieve or Fan of Truth or Discovery of any general Inconveniences to King or Common-wealth in Time which is the Mother of Truth or by further Search or Information in any particular they shall see Cause or receive Satisfaction for it they will not be Concluded by any Answers they now give unto any of those general Questions but they will upon better Ground and Reason with their Predecessors the Judges in all Ages with Holy Fathers Councils and Parliaments retract and alter their Opinion according to their Conscience and Knowledge and the Matter and Circumstances of the Cause as it shall appear in Judgment before them it being most certain That no general Case may be so put but a Circumstance in the matter or manner may alter a Resolution concerning the same 4. Fourthly The succeeding Judges and Age notwithstanding any Answer given by the now Judges may be of another Opinion then the now Judges are without disparagement to themselves or the now Judges in regard that many particular Circumstances in many particular Cases may fall out that may alter the Reason of the Law in such Case which could not be included or foreseen in a general Question or Answer thereunto And therefore they desire your Lordships to consider of what use such Answers may be to the present or future Times 5. Fifthly Many of the said Questions as they are propounded as the said Judges humbly conceive do concern His Majesty in a high Degree in his Regal and Prerogative Power in this Government in his Revenue in the Jurisdictions of his Courts in his martial Affairs and in Ministers of State so that the said Judges considering their Oaths and the Duty which by their Places they owe unto His Majesty humbly may not with safety give Answer thereunto without special direction from His Majesty And therefore they still humbly pray your Lordships as formerly they did not to press any Answers from them untill His Majesties Princely pleasure therein be signified 6. Sixthly If the matters of those Questions which aim at some abuses of former Times were reduced into Bills they conceive it were the speedy way to have such a Reformation which might bind the present Times and Posterity And in such proceedings they ought and would most chearfully contribute their Opinions and best endeavours but in such a course as they apprehend it which points at punishment they have Reason to be sparing in giving any Opinion further then the Duty of their Places doth Command from them 7. Seventhly Although it may be conceived that the Answering of such and so many general Questions by the now Judges may contribute some help to the Reformation now so much desired yet no Man knoweth but this new Precedent in propounding such Questions to Judge in succeeding Times as the Judges and frame and Constitution of the Common-wealth may be may fall out to be most prejudicial to the State or Common-wealth 8. Eighthly Most of the matters of several of the said Questions are already by your Lordships and the said House of Commons Voted and represented unto His Majesty for Grievances and therefore no Opinions of the said Judges under favour are needful or to be required thereunto unless the same shall
come in further Agitation and discussion in this Honourable House 9. Lastly The Judges Opinions are not usually call'd upon in Parliament but when upon Debate great and difficult Points in Law do arise where this most Honourable doth think fit to Command their Opinions but no Resolutions do belong unto the said Judges in Parliament but unto your Lordships yet in the Front and Preamble of the said Questions the Resolution of the said Questions by the Judges is forthwith desired to be required by your Lordships in Writing Although the first Question Viz. Whether the Subjects of this Kingdom c. be positively resolved by the Preamble to the said Questions in which it is likewise declared That the said Judges Answers thereunto are not desired For any Doubt or Ambiguity which may be conceived or thought of for or concerning the Premisses nor of the said Questions but for Manifestation and Declaration of a clear Truth and of the Laws and Statutes already planted and setled in this Kingdom And they conceive it is impossible to make any Manifestation or Declaration of Law or Statutes which may hold or be useful upon such general Questions as most of these are namely by what Laws in what Cases of what Power of what Force How Where and Why by Whom Wherefore what punishment by what Rule of Policy in what Condition of Persons In regard that the next succeeding Judges may be of another Opinion and that a Circumstance may alter the Reason of the Law in many particular Cases which the Wit of Man is not able to foresee or give a general Rule in And they say That to give any satisfaction to your Lordships or the Honourable House of Commons would make up a great Volume and require far more time then your Lordships have afforded unto the said Judges considering their great Toyl in the Circuits the last long Vacation their other Employments in the Common-wealth at their daily Attendance on your Lordships in Parliaments and in ordering Courts of Justice and yet lest they may seem to come any way short in performance of that Duty which they confess to be due unto your Lordships or be wanting in promoting and advancing the Good of the Common-wealth which they believe to be aimed at by the said Questions though it may seem to draw Damage or Prejudice upon their Particulars They do in all humbleness present unto your Lordships the ensuing Answers unto the said Questions which is as much as by their Oaths or in their Duty they owe unto His Sacred Majesty before his Princely pleasure be therein signified they can answer thereunto TO the First they Answer That the Subjects of this Kingdom are a Free People and are for the general to be Govern'd only by the Common Laws of England and Statutes of Force in this Kingdom yet they say That as in England many Statutes are grown obsolete and out of use and some particular Ancient Laws as well in Criminal as Civil Causes have been changed by Interpretation of the Judges there as they found it most agreeable for the general Good of the Common-wealth and as the Times did require it so our Predecessors the Judges of this Kingdom as the Necessity of the Times did move them did declare the Law in some particular Cases otherwise then the same is practised in England which the now Judges cannot alter without apparent diminution of a great part of His Majesties standing Revenue and opening a Gap for the shaking and questioning the Estates of many of His Majesties Subjects and the overthrowing of several Judgments Orders and Decrees which depend thereupon For Example If it be found by Office of Record sufficient for Form That a Man was killed in actual Rebellion and at the time of his Death he was seised of Lands Hereditaments Goods or Chattels by the constant Declaration of Law and Practise in former times here the Crown was Intitled to such Lands Goods and Chattels and many Mens Estates depend thereupon and yet the Law is not so taken in England So If one or more commit Felony and then stand out upon his or their keeping and he or they will not submit themselves to be tryed by the Law but being in that Case do rob or spoil and terrifie His Majesties People whereby the Country is disquieted This by the constant Opinion of our Predecessors in this Kingdom hath been adjudged a Levying of War within the Statute of 25 E. 3. and so consequently Treason Also by the common received Opinion and Practice of this Kingdom the Wife is to have a Third of all the Goods and Chattels and Credits of her Husband the Debts being paid although he dispose of all by his Will from her And yet the constant Practise is otherwise in England And other Instances of that kind might be made so that that word Only must receive a benign Exposition before the first Question can receive a general Answer in the Affirmative Secondly Many Causes of great Weight and Consequence in this Kingdom are to be Decreed and Ordered by Equity in the proper Courts of Equity and in Course of State at the Council Board and by particular Customes not contrary to Law for which the Common Law and Statutes of Force in this Kingdom gave no Remedy Thirdly There are several other Laws of Force in England and Ireland so far as they have been received which though some would have to be part of the Common Law of England yet we find them particularly distinguished from it in our Printed Books and Parliament Rolls in England As Lex Consuetudo Parliamenti jura Belli Ecclesiastical or Canon Law in certain Cases Civil Law in some Cases not only in Ecclesiastical Courts but in the Courts of Constable and Marshal and of the Admiralty and upon particular occasions in other Courts Lex Mercatoria c. 2. To the Second they say That the Judges of this Kingdom do take the Oath of Judges which Oath is specified amongst the Statutes in 18 E. 3. And is afterwards explained by the Stat. of 20 E. 3. And that they may not stay hinder or delay the Suit of any Subject or his Judgment or Execution thereupon otherwise than according to the Law and Course of the Court when they Sit under pretence of any Act of State Proclamation Writ Letter or Direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment Lord Lieutenant Lord Deputy Justice Justices or other Chief Governors of this Kingdom most of which doth appear by their Oath expressed in the Statutes and the Statute of 20 E. 3. c. 8. And the Statute of 20 E. 3. c. 2. as to the Barons of the Exchequer And that as they know no Punishments due to Judges for their Deviations and Transgressions without other Aggravation so they know no punishment laid down by any Law against them for their Deviations and Transgressions in hindering staying or delaying of Justice contrary to their said Oath
Armies or Multitudes of Armed Men lawfully or unlawfully convented together the right use whereof in all times hath been found most necessary in this Kingdom And further to that Question they cannot Answer for that as they conceive it doth concern his Majesties Regal Power and that the Answer of the other Part of the Question doth properly belong to another Profession whereof they have no Cognizance 9. To the Ninth they say That as the taking of any Oath before any but such Judges or Persons as have Power to give or Demand an Oath for decision of Controversies is by most Divines in most Cases counted to be a rash Oath and so an Offence against God within the third Commandment so the perscribing or demanding of a set Oath by any that cannot derive Power so to do from the Crown where the Fountain of Justice under God doth reside Is an Offence against the Law of the Land and as for Voluntary and Extrajudicial Oaths altho freely taken before Arbitrators or others they say as this Kingdom is Composed in many Particulars as the Nature and Consequence of the Course or the Quality of the Person who taketh or before whom the same is taken may concern the Common-Wealth or the Members thereof such taking of such Oaths or Proceeding or Grounding on such Oath in deciding of Differences according to the several Circumstances that may occur therein or the Prejudice it may introduce to the Common-Wealth may be punishable by the Common Law or if it grow unto an height or general Inconvenience to the Common-Wealth or Members thereof in the Castle-Chamber for thô such an Oath be Voluntary yet in most Cases it is received by him that doth intend to ground his Judgment thereon and after the Oath is taken the Arbitrator or he that intends to yield Faith to the Party that took the Oath doth examine him upon one or more Questions upon the said Oath unto the Answer whereof he doth give Faith and Assent trusting on the said Oath And whereas Oaths by God's Institution were chiefly allowed to be taken before lawful Magistrates for ending Controversies yet common Experience doth teach in this Kingdom That oftentimes Orders and Acts grounded on such Voluntary Oaths beget Strife and Suits and commonly such Orders when they come to be measured by the Rules of Law or Equity in the King's Courts become void after much expence of Time and Charge that we say nothing of that that thereby many Causes proper for the King's Courts are drawn ad aliud examen are thereby the Justice and Courts often defrauded and declined 10. To the Tenth they say That they are not Judges of Rules of Policy but of Law and that they know no certain Rule of Law concerning Reducement of Fines the same being Matters of his Majesties meer Grace after a Man is censured for an Offence And that they know no Law that none shall be admitted to Reducement of his Fines or other Penalties in the Courts in the Question specified until he confess the Fact for which he was Censured But forasmuch as the admittance or Reducement after Conviction for an Offence is Matter of Grace and not Justice It hath been the constant Course of those Courts both here and in England for clearing of his Majesties Justice where the Party will not go about to clear himself by reverfal of the Censure or Decree not to admit him to that Grace until he hath confessed the justness of the Censure pronounced by the Court against him and that the rather for that commonly the Ability or disability of the Party doth not appear in Judgment before them but the Nature and Circumstances of the Offence according to which they gave Sentence against him or them in Terrorem after which when the Party shall make the weakness of his Estate to appear or that the Court is otherwise ascertained thereof they do of Course proportion the Censure or Penalty having regard to his Estate 11. To the Eleventh they say That neither the Judges of the King's Bench as they inform us that are of that Court or Justices of Goal-Delivery or of any other Court do or can by any Law they know deny the Copies of Indictments of Felony or Treason to the Party only Accused as by the said Question is demanded 12. To the Twelfth they say That where Lands are holden of the King by Knights-Service in Capite the Tenant by the strict Course of Law ought in Person to do his Homage to the King And until he hath done his Homage the Ancient Course of the Exchequer hath been and yet is to issue Process of Distringas out of the second Remembrancers Office to distrain the Tenants ad faciendum Homagium or ad faciendum finem pro Homagio suo respectuando upon which Process the Sheriff returneth Issues and if the Tenants do not thereupon appear and compound with the King to give a Fine for Respit of Homage then the Issues are forfeited to the King for the Contempt But if he appear then the Court of Exchequer doth agree with him to Respite his Homage for a small Fine wherein they regulate themselves under the Rate expressed and set down in England by Virtue of a Privy Seal in the 15th year of Queen Elizabeth wherein the Rates are particularly set down according to the yearly value of the Lands which Rates are confirmed by Act of Parliament in the first of King James c. 26. in England before which time there was not any such certainty but the same rested in the discretion of the Court by the Rule of Common Law and so it doth at this day in Ireland Howbeit we conceive that the Court of Exchequer here do well to regulate their discretions by those Rates in England and rather to be under then to exceed the same which the Barons there do as they do inform us that are Judges of the other Courts 13. To the 13th they say That they know no Rule of Law or Statute by which it should be Censurable in the Subjects of this Kingdom to Repair and Appeal unto His Majesty for Redress of Injuries or for other their Lawful occasions unless they be prohibited by His Majesties Writ or Proclamation or other his Command But they find that by the Statute of 5 R. 2. that the passage of the Subjects out of the Realm is prohibited without special License excepting Noblemen and others in the said Statute specially excepted and some inference to that purpose may be made upon that Statute of 25 H. 6. c. 2. in this Kingdom 14. To the Fourteenth they say That some Deanries and Dignities not Deans or Dignitaries as the Question propounds it are properly Et de mero Jure Donative by the King some Elective and some Collative according to the first Foundation and Usage of those Churches And they humbly desire that they may not be required to give any further Answer to this Question for that it may concern many Mens
Estates which may come Judicially before them 15. To the Fifteenth they say That they conceive that where Priviledges are claimed by any Body Politic or other the King's Council may exhibit a Quo Warranto to cause the Parties claiming such Priviledges to set forth and shew by what Warrant they claim the same and that the Court cannot hinder the issuing of Process at the Instance of the King's Attorney to exhibit such Information But when the Case shall upon the Proceedings be brought to Judgment then and not before the Court is to take notice and give Judgment upon the Merit and Circumstances of the Cause as upon due consideration shall be conceived to be according to Law in which Case the Judges nor the King's Attorney as they conceive ought to be punished by any ordinary Rule of Law or Statute that they know But for this particular Question of Quo Warranto for that it hath been a great Question in this present Parliament and concerns the highest Court of Justice in this Kingdom and also concerns two other of His Majesties Courts of Justice and therein His Majesties Prerogative in those Courts they cannot safely deliver any Opinion therein before it comes Judicially before them and that they hear it argued and debated by Learned Councel on both sides 16. To the Sixteenth they say That although the Jurors be the sole Judges of the matter of Fact yet the Judges of the Court are Judges of the Validity of the Evidence and of the matters of Law arising out of the same wherein the Jury ought to be guided by them And if the Jury in any Criminal Cause between the King and Party give their Verdict contrary to clear and apparent Evidence delivered in Court they have been constantly and still ought to be Censured in the Star-Chamber in England and Castle-Chamber here for this misdemeanour in perverting the right Course of Justice in such Fines and other punishment as the Merits and Circumstances of the Cause doth deserve according to the Course of the said Courts For that their Consciences ought to be directed by the Evidence and not be misguided by their Wills and Affections and if the Jury know any matter of Fact which may either better or blemish their Evidence they may take advantage thereof but they ought to discover the same to the Judges And they say That this proceeding in the Court of Castle-Chamber is out of the same ground that Writs of Attaint are against a Jury that gives a false Verdict in a Court of Record at the Common Law betwixt Party and Party which false Verdict being found by a Jury of 24 notwithstanding that the first Jurors were Judges of the Fact yet that infamous Judgment was pronounced against the first Jury which is next or rather worse then Judgment of Death and lay a perpetual brand of Perjury upon them for which reason it was Antiently called the Villainous Judgment And they say That the Law to direct the punishment for such Offence is the course of the said Court which is a Law as to that purpose and the Statute of 3 H. 7. cap. 1 2. and other Statutes of Force in this Kingdom 17. To the Seventeenth they say They can answer no otherwise then they have in their Answer to the next precedent Question 18. To the Eighteenth they say That in a Legal Construction the Statute of Magna Charta in which the words of Salvo Contenemento are mentioned is only to be understood of Amerciaments and not of Fines Yet where great Fines are imposed in Terrorem upon the reducement of them regard is to be had to the Ability of the Persons 19. To the Nineteenth they say That if one doth steal a Sheep or commit other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his Keeping Yet he doth not thereby become a Traytor neither doth a Proclamation make him so the Chief use whereof in such a case is to invite the Party so standing out to submit himself to Justice or to forewarn others of the danger they may run into by Keeping him Company or giving him Maintenance or Relief whereby he may the Rather submit to Justice 20. To the Twentieth they say That the Testimony or Evidence of Rebels or Traytors under Protection or Thieves or other Infamous persons is not to be used or pressed as Convincing Evidence upon the Tryal of any man for his Life And so is his Majesties printed Instructions as to persons Condemned or under Protection yet the Testimony of such persons not condemned may be given in Evidence at the Tryal and being fortified with other Concurring Proof or Apparent Circumstances may be pressed upon any Tryal and for discovering their Fellows or Abettors or Relievers as the Circumstances may offer themselves in their Examination especially if before they Confess themselves guilty of the Offence in Imitation of the Approver at the Common Law whereof no Certain Rule may be given And it needs not be made a Question here Whether the Jurors or Judges ought to be Judges of the matter of Fact It being positively laid down in the 16th Question that they are and tho their false Verdict doth convince or not convince the Prisoner yet they may be questioned and punish'd for a false Verdict as in their Answer to the 16th is already declared 21. To the Twenty first they say That that Question is now judicially depending and hath been already solemnly argued in his Majesties Court of Wards in which Court their Assistance for declaration of the Law therein is already required And therefore they humbly desire they may not be compelled to give any Opinion touching that Point until it be resolved there 22. To the Two and twentieth they say That they do conceive there is no matter of Law contained in the said Question yet for further satisfaction of your Lordships they say That upon View of an Act of State bearing date at his Majesties Castle of Dublin the 24th of December 1636. grounded upon his Majesties Letters of the 5th of July last past it appears unto them that Four shillings in the pound as of his Majesties free Gift and Reward out of the first payment of the Increase of Rent reserved to his Majesty was allow'd unto the Judges that were Commissioners and attended that Service And they humbly conceive That the receiving of that Four shillings in the pound of his Majesties Bounty stands well with the Integrity of a Judge And those Judges did inform them That they did not avoid any Letters Patents upon those Commissions of Defective Titles but receive such to Compound as submitted for the strengthening of their defective Patents and Titles And such as would stand upon the Validity of their Grants were left to the Tryal of Law And that the Compositions made after the said Grants of 4 s. in the pound were made according to Rules and Rates agreed upon by all the Commissioners before his
according to the Command thereof upon due and convenient notice thereof given to him at the Charge of the Party or Parties who requireth or procureth such Writ or Writs and upon Security by his or their own Bond or Bonds given to pay the Charge of carrying back the Prisoner or Prisoners if he or they shall be commanded by the Court to which he or they shall be brought as in like Cases has been used such Charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any Difference shall arise there about bringing or cause to be brought the Body or Bodies of the said Party or Parties so committed or restrained unto and before the Judges and Justices of the said Court from whence the same Writ or Writs shall issue in open Court and shall then likewise certify the true Cause of such his or their Deteinors or Imprisonment and thereupon the Court after such Return made and delivered in open Court shall proceed to examine and determine whether the Cause of such Commitment appearing upon the said Return be just and legal or not and shall thereupon do what to Justice shall appertain either by Delivering Bailing or remanding the Prisoner or Prisoners 7. Quest Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Acts and Execution thereof Declarat An Act of State or Proclamation in this Kingdom cannot bind the Liberty Inheritance Possession or Goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act of State or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as Breakers and Violators of their Oaths of Judges 8. Quest Are the Subjects of this Kingdom subject to the Martial Law And whether any man in the time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law Declarat No Subject of this Kingdom ought to be Sentenced to Death or Executed by Marshal Law in time of Peace and if any Subject be so Sentenced or Executed by Marshal Law in time of Peace the Authors and Actors of any such Sentence or Execution are punishable by the Law of the Land for their so doing as Doers of their own Wrong and contrary to the said Law of the Land 9. Quest Whether Volantary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore Declarat No Man ought to be punished in the Castle-Chamber or any other Court for taking a Voluntary Oath before Arbitrators for affirmance or disaffirmance of any Thing or the true Performance of any thing in Civil Causes nor are the Arbitrators before such Voluntary Oath shall be taken Punishble 10. Quest Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines and other Penalty in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstance might induce a Censure Declarat By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledg the Offence laid to his Charge or the justness of any Censure past against him in the Castle-Chamber or at the Council Table nor ought to be deteined in Prison or abridged of his Liberty or the Reducement of his Fine stayed or delayed until he doth acknowledg such Offence or the justness of such Censure And it is further declared That no such inforced or wrested Confession or Acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or Review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. Quest Whether the Judges of the Kings-Bench or any other Judges of Goal-Delivery or of any other Court and by what Law do or can deny the Copies of Indictments of Felony or Treason to the Parties accused contrary to the Law Declarat The Judges of the Kings-Bench or Justices of Goal-Delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the Parties indicted 12. Quest What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament Declarat The Barons of the Exchequer ought to raise the Respite of Homage above the usual Rates appearing in and by the Course and Precedents of the Court continued until the year of our Lord God 1637 and the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the Respite of Homage upon any diversity of the true values of the Knight's Fees 13. Quest Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or for other Lawful Occasions If so for why and in what Condition of Persons and by what Law Declarat The Subjects of this Kingdom may lawfully repair into England to appeal to his Majesty for Redress of Injuries and for other their Lawful Occasions and for their so doing ought not to be punished or questioned upon the Statute of 5 R. 2. nor by any other Law or Statute of Force in this Kingdom eminent Officers and Ministers of State Commanders and Soldiers of his Majesties Army the Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenue and Customs whose Attendance is necessarily requisite by the Laws and Statutes of the Realm only excepted 14. Quest Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law and no If not by what Law
and thrie Borrowis to meet the Erle of Eglingtowne at thrie Howris afternoon to take to thair Consideration be way of Estimation or Conjecture the Nombre of Bottis or Lime Faddis which in the Partis of this Kingdom lying opposite to Ireland may be had in readiness and what Nombre of men may be Transported thairin and to report again to the Parliament Vera Copia GIBSON After which was read An Information from Chester against two Irish Men. a Packet of Letters directed to the Lords in Parliament sent from the Maior of Chester wherein was an Information upon Oath taken by the Maior and Aldermen of one Thomas Cremer of Graies-Inn Gent. Dated the 30th of October last That he meeting with a Gentleman that calleth himself by the Name of Magenes Brother to the Lord Magenes at the House of Widdow Belson in Weston upon some Conference betwixt them the said Magenes told the said Cremer that he was to go for Ireland being lately come from Spain to see my Lord Mac-guire and that he was sent for thither and further said That he hoped ere long that the Irish would drive out the Scots out of Ireland and that there is a Business that you would not think of And said to the said Cremer that he had returned 8 or 900 l. out of London into Ireland to raise Forces for the King of Spain And also saith that there was one other in Company of the said Magenes which called himself by the Name of Readmond Yesternight in the Company of the said Cremer who drunk a health to the Confusion of the Protestants in Ireland and that the aforesaid Magenes further said That since the Business was discovered he would go to London along with the said Cremer if he would lend him some Mony And further Cremer saith that the said Magenes hearing of the Rebellion in Ireland said That he was very glad and joyful of the News and that he liked very well of it and that he would give any thing to be in Ireland and did shew himself to be very angry with the Master of the Ship in which he intended to go for Ireland for neglecting the Wind saying he might meet with him in Ireland where a Man might be revenged on such Fellows but afterwards the said Magenes hearing that my Lord Macguire was taken seemed to be very sorrowful and said to the said Cremer That since it is discovered he would go to London along with him if he would lend him some Money Tho. Cowper Major Will. Gamull Tho. Cremer Nich. Ivie c. Whereupon it was Ordered That the said Arthur Magenes and Readmond Comyn being now under restraint in the City of Chester shall be forthwith brought in safe Custody by the Sheriffs of the said City and appear before the Lords in Parliament to answer the aforesaid Information and then this House will give such further Order and Directions therein as shall be agreeable to Justice The Lord Seymour Reported to the House That he had according to their Lordships Command presented the Message from this House to the Queen concerning Robert Phillips and Her Majesty returned this answer viz. My Lords THe Message I received from you by my Lord Seymour The Queens Answer concerning Father Phillips I have taken into serious Consideration and do not a little wonder that Father Phillips should so much forget himself as I find he hath done by the Message sent unto me which I am so far from approving as I cannot but be sorry he hath done it I must acknowledg your Respects unto me in giving Me Satisfaction of your Proceedings therein if I did not believe what is done by him is out of Simplicity I should not speak for him You all know how near he is unto me by that place which he holds and if it shall appear unto you that he hath not maliciously done any thing against the State if for my Sake you shall pass by his present Offence I shall take it as a further Testimony of your farther Respects unto me which I shall be ready to acknowledg upon all Occasions thaâ— shall be offered Whereupon it was Ordered to have a Conference with the House of Commons to acquaint them with this Answer of the Queens This day an Ordinance of Parliament to give Power to the L. Lieutenant of Ireland to give Commissions and to raise Men for Ireland having been read yesterday Saturday Novemb. 6. and passed in the Commons House was also read and passed by the Lords as followeth viz. THe Lords and Commons in Parliament An Ordinance of Lords and Commons to enable the E. of Leicester to raise men for Ireland being very sensible of the great Danger and Combustion in Ireland by reason of the multitude of Rebels now in Arms for the destruction of His Majesties Loyal Subjects there and the withdrawing that Kingdom from the Allegiance of His Majesty and the Crown of England and forasmuch as in this time of His Majesties absence his Royal Commission cannot be so soon obtained as the necessity of that Kingdom doth require and for more speedy opposing the wicked and Trayterous attempts of the Rebels there and for that His Majesty hath especially recommended the care of the preservation of that Kingdom unto both the Houses of Parliament do hereby Ordain and Authorize Robert Earl of Leicester Lord Lieutenant of Ireland by Warrant under his Hand and Seal to give one or more Commissions to such Captains Commanders and other Officers as to his Lordship shall seem Expedient for the Levying of 3500 Foot and 600 Horse by the beating of Drum of such Persons as shall voluntarily undertake the same Service by accepting of Prest-mony which persons are to be raised in such several Parts of the Kingdom as shall be most convenient for their passage into the Parts of Ireland which his Lordship shall think most necessary to be forthwith supplied and for the furnishing of the same Men as also of other of his Majesties Subjects in that Kingdom we have Ordained that the Earl of Newport Master of His Majesties Ordnance shall deliver a number of Arms Munition and Powder answerable unto the said Lord Lieutenant of Ireland to be disposed of as he shall think fit for the best defence of that Kingdom and for the Levying of the said number of Men this Ordinance of Parliament shall be his sufficient Warrant The Ordinance to enable the Lord Newport to deliver the Arms and Ammunition was also read and passed as the other in these Words FOrasmuch as it is held most expedient and necessary for the safety of His Majesties Kingdom of Ireland The Ordinance of the Lords and Commons to enable the Master of the Orduance to deliver Arms c. to the Lieutenant of Ireland and his Loyal Subjects there that such numbers of Soldiers both Horse and Foot as are forthwith to be raised for the defence of that Kingdom should be supplied with Arms and other Munition
therefore expect from his Majesty in a more larger and bountiful Manner then at other times A time of great Agitation and Action their State is ready by preparation to annoy us and ill and false Councils at home may quickly bring us to Ruin as we have weakness at home so we ought to decern the Actions abroad where great Provisions are made and a carelesness and improvidence herein when our Neighbours are so provided and have such great Fleets at Sea as will open a Way to suddain Ruin and Destruction before we can be prepared and therefore now the fittest time to move the King 6 The seventh and last Step is That this Alteration of Councils will bring great Advantages to the King in his own Designs In all our Actions our Prayers to God should be that his Name should be Glorified so our Petitions to his Majesty should bring Honor and Profit and Advantage to him by a discouragement to the Rebels a great part of their Confidence resting in the Evil Counsels at home as by the Examinations appeareth it will be a great Encouragement to the King 's good Subjects at home who hazzard their Lives and give Aid and Contribution to have things governed for the Publick Good it will make Men afraid to prefer Servants to the King that are ill Counsellors when they shall come to the Examination of the Parliament for many times Servants are preferred to Princes for advantage of Forreign States This will put an Answer into the King's Mouth against all Importunities that he is to prefer none but such as will be approved on by Parliament those that are Honorable and most Ingenious are aptest to be troubled in this kind and not to deny therefore the King may Answer he hath promised his Parliament not to admit of any but by Advice in Parliament this will Answer them all These are Domestick Advantages but it will also make us fitter to enter into Union and Treaty with Foreign Nations and States and to be made partakers of the Strength and Assistance of others It will fortifie us against the Designs of Foreign Princes there hath been common Council at Rome and in Spain to reduce us to Popery if good Counsel at Home we shall be the better prepared to preserve Peace and Union and better Respect from Abroad Lastly it will make us fit for any Noble Design Abroad Let us but turn the Tables and imagine this Speech spoken by some Loyal Gentleman against Mr. Pym and his Confederates and we shall find all those mischiefs and dangers from ill Counsels and Evil Counsellors the Alteration of Religion and Subversion of Laws the Encouragement of the Irish Rebellion the Impoverishment of the Nation the Loss of Liberty and Property the Ruin of the King and Kingdom to be the Natural Effects of their Consultations and Actions But in Order to accomplish their Wicked Designs the People must be affrighted with the danger of approaching Popery the present Government traduced with intentions of re-introducing it and the King must be Wounded through the Sides of the most Faithful of his Friends These were the Popular Arts by which after they had by repeated Flatteries Importunities and Promises obtained from the King those Fatal Concessions before mentioned they pursued their Design and by Arming those People whom they had deluded with the pretence of Religion and hurrying them on into Actual Rebellion they sought by Violence to obtain that which they could not do by Fraud and Flattery But to proceed After this an Order was read in the House of Lords made by the House of Commons Dated Nov. 9. 1641. That an Ordinance of Parliament may pass to engage the Honor Credit and Authority of both Houses of Parliament for the securing and repaying to the City the 50000 l. with Interest desired to be borrowed of them for the Occasions of Ireland and that a provisional Act shall pass with all Speed for repayment of the said Summ with Interest within six Months Next an Ordinance of Parliament was read concerning the Irish Affairs in haec verba viz. WHEREAS there is just Cause to conceive The Ordinance of Parliament prohibiting any Irish to pass out of England without License c. that diverse ill Affected Persons here being Natives or Inhabitants of Ireland do intend to pass over thither to joyn with the Rebels It is Ordained by the Lords and Commons in Parliament that no Irish Man shall pass out of any the Parts of this Kingdom to return into Ireland without special License of the Committees of both Houses for Irish Affairs or the Lords of his Majesties most Honorable Privy Council or of the Lord Lieutenant of Ireland It is further Ordered That no Arms Munition or Powder shall be transported without such License as is aforesaid It is likewise Ordeined by the said Lords and Commons That whereas upon the perusal of diverse Letters and other Intelligence here there is just Cause to suspect that diverse of his Majesties Subjects in Ireland had some Hand in the Conspiracy and Rebellions of the Irish That the Lord Lieutenant shall certifie from time to time during his Aboad in England into Ireland the Names of such suspected Persons and the the Grounds and Reasons of the Suspition and that thereupon the Lords Justices of Ireland and the rest of his Majesties Council there shall enter into Examination of the said Parties and shall have Power to commit them to Prison till the Truth may be fully discovered that so they may either be cleared if they be Innocent or if they be found Guilty they may be proceeded against according to the Laws And that this Ordinance of Parliament shall be a sufficient Warrant to the Lord Lieutenant Lords Justices and Council aforementioned The Lord Admiral then acquainted the House That he had Command and Directions from his Majesty to send some Ships for the Guuarding of the Irish Coasts and also some Ships to keep the Narrow Seas because his Majesty conceives that the Rebellion from Ireland is fomented from abroad and that they expect some Supply from Foreign Parts And his Lordship desires to have the Directions of the Parliament herein what to do Whereupon it was ordered to have a Conference with the Commons about it Divers Orders were read which were made by the House of Commons concerning the Irish Affairs to which they desired their Lordships concurrence that so they may be put in Execution That the Merchants Some Orders of the House of Commons concerning the Affairs of Ireland who have made the Proposition to their House of Transporting Spanish Money in specie into Ireland for the present Occasions of that Kingdom shall have Liberty to Transport so much only as the Lords and Commons in Parliament shall from time to time give them Order and Direction for paying it there as it passes by Proclamation and that all Sums so Transported shall be Registred in the Custom-House and that they shall bring Certificates
this present of 1000 Men only to be Raised in Scotland to be sent into Ireland The Lord-Keeper being so indisposed that he was not able to come to the House Saturday Novemb. 13. the Lord Privy-Seal was appointed to be the Speaker of the House for this day The Lord Kymbolton then reported some Propositions from the Committees of both Houses for the Irish Affairs which were read as followeth 1. That Officers for 2000 Foot shall be sent c. ut supra in the Votes 2. That it shall be referred to the Lord Lieutenant to make a List of those Officers and to appoint of what numbers each Company shall consist of 3. That the 1300 Arms that are in Carlisle shall be sent away presently to the North Parts of Ireland and Arms for one Troop of Horse 4. That the Forty old Foot Companies be recruited unto 100 Men in a Company 5. That the Recommendation of Sir John Clotworthy to some honourable Entertainment in Ireland be proposed to the Lords 6. That the like Recommendation be for the Lord Dungaruan and for the Command of Youghal this request the Lord Dungaruan desires may be left to the Lord Lieutenant 7. That Officers be sent into Munster for 1000 Foot and 1 Troop of Horse and this was the easier yielded unto because the Lord Dungaruan informed that the Soldiers should receive no Pay till they were ready to March against the Enemy 8. That present Order be taken for securing the Port Towns of Munster as Cork Waterford Limrick Kynsale Youghal Baltimore Slego and Gatway in Connaght because these Towns lie on the South-West of Ireland near Spain 9. That the Officers may be speedily sent for Dublin 10. It is thought fit by the Committees that Sir Simon Harcourt should have the Sallary of 20 s. per diem above the rest for his Command of Dublin 11. That the Entertainments of every Regiment of Foot and the Pay of the Officers of the Army shall be from the Date of their Commissions and Sir Simon Harcourt to go away presently to all which the Lords assented The Lord Newnham reported Lord Newnham's Report of the Venetian Ambassadors receiving the Message from the Lords That himself and the rest of the Lords appointed by this House repaired to the Venetian Ambassador and delivered unto him the Paper Translated into Italian touching the excuse for opening his Letters and after he had read it he presented unto the House great thanks for sending persons of such great place in this State unto him and promised he would represent the same to the State of Venice with as much respect as he could But desired that the Kings Ambassador may be sent away as speedily as may be to Venice in the nature of a special Ambassador to make excuse for this particular Business before he Treat of any Publick Affairs and for prevention of any Accident for the future he desires to have an Order to the Post-Master that his Letters may be speedily sent him Whereupon the House thought fit That the first desire concerning the Ambassador be left to the Pleasure of His Majesty and for the other it was Ordered That such Pacquets and Letters as are or shall be directed to the Venetian Ambassador shall be forthwith delivered up to the said Ambassador's own hands It was this day Ordered That the Earl of Newport Order for bringing up the Ammunition from Hull Master of the Ordnance shall have power by Virtue of this Order to send his Commands and Issue forth Warrants for the bringing up the Magazine of Arms and Ammunition remaining now in Kingston upon Hull unto the Tower of London for the securing of the Kingdom It was also Ordered Order about the L. Lieutenant of Ireland That because the Lord Lieutenant of Ireland hath not been invested in the Formality of his Place by the receiving of the Sword in Ireland That his Lordship shall have power by Virtue of this Order to give Command to the Lords Justices of Ireland to seize upon the persons of any that are suspected until they shall clear themselves unto the said Lords Justices there At a Conference this day the Commons desired That the first six Articles of Instructions to the Commissioners in Scotland to which the Lords had already agreed with some little Alterations as that 10000 Men might be raised in Scotland for the service of Ireland might be speedily sent away by Mr. Pickering and for the remaining Articles touching ill Counsels and Counsellors they desire their Lordships would joyn therein and they will tarry four or five days for their Lordships Resolutions Whereupon the 6 Articles were dictinctly read over again and the House agreed to them all and Resolved to take the rest into Consideration hereafter Then the Petition which was to go along with the Instructions was read in haec verba To the King 's Most Excellent Majesty The Humble Petition of the Lords and Commons in Parliament Most Gracious Soveraign WHereas this Messenger Mr. The Petition to the King in Scotland sent with the Instructions to the Committees Pickering is imployed with Instructions to your Parliament of Scotland our desire of some Aids from that Kingdom for the suppressing of the Rebels in Ireland if it fall out that your Majesty shall be come out of Scotland or our Committees before the Arrival of this Messenger there We humbly beseech your Majesty to give Authority to the said Mr. Pickering to present the said Instructions to the Parliament of Scotland and to bring back their Answer to the Parliament of England Which being read was Approved by the House In the Commons House Sir Thomas Barrington Reports the Answer of the City The Answer of the City about lending Money That the Committee who were Ordered to carry the Letters which came last from Ireland to the City to stir them up to lend Money found a great deal of willingness and readiness in the City to do it the Lord Mayor desired to know the particulars we had in Charge for their security which being made known unto them together with the miserable condition of Ireland Mr. Recorder did very much promote the Business and pressed them to give their Votes but before they did that they desired by way of Prepositions to offer something not by way of Contract to this Honourable House 1. That the Money should be paid as the Act was passed 2. That by reason of the Privilege of the Members of both Houses and by reason of the Protections granted especially by the Lords a vast Sum of Money is detained from them so that Trade cannot be driven nor are they so enabled to lend Money as they desire for the service of the Common-wealth 3. They said they were sensible of the miseries of the Protestants in Ireland and of the Power of the Papists there and therefore did press with much earnestness That the Persons of the Popish Lords and other Persons of Quality here in England
have a Copy of the Declaration against him and shall put in his Answer thereunto on Tuesday come seven Night The Commons were also in an extraordinary heat about the Halberdeers who were set to prevent Tumults and Riots Routs and unlawful Assemblies which now frequently resorted to Westminster to cry out against the Bishops and their Votes in Parliament some of the Halberdeers were called to the Bar and Examined and they giving the same Account as was before given to the Lords the Bailiff of Westminster the Constable of St. Clement Danes and the Under-Sheriff of Middlesex were ordered to be sent for to give an Account of the Reason of placing those Guards about the Parliament House And thereupon it was Voted Resolved c. That the setting of any Guards about this House Vote of the Commons concerning the Guard of Halberdeers set about the Parliament House without the Consent of the House is a breach of the Privilege of this House and that therefore such Guards ought to be dismissed And thereupon the Serjeant at Armes attending the House was appointed to Command them to depart which was done accordingly The House then sell into Debate concerning the treating with the Scottish Commissioners concerning raising Men for the relief of Ireland and upon the Question it was Resolved c. That this House doth Approve and Consent that his Majesties Commissioners named by the House and appointed to treat with the Scotch Commissioners shall treat with them for the raising of 10000 Scots for the Occasions of Ireland Sir Walter Earl then gave Information to the House of some dangerous Words spoken by several Persons but did not Name them whereupon it was Ordered That Mr. Speaker should issue out a Warrant to apprehend such Persons as Sir Walter Earl shall nominate to him for speaking Words of a dangerous Consequence This was one of the common Arts which they used to restrain those who were able from informing the People of the dangerous Consequences of their own Proceedings and Liberty of Speech seemed now to be wholly confined within the Walls of St. Stephen's Chappel or if any of that common Privilege of Mankind was indulged it was only to the Favourites of the Faction the Sectaries and Schismaticks who they were assured would be very serviceable to them in imploying that Liberty to traduce and Calumniate the King the Bishops the Government of the Church and whatever was either Orthodox or Loyal but for others if they once dared to Intrench upon the Privilege of the Pretended Sects or to correct those Liberties they took to defame the King and his Ministers the Church and her Governors or to arraign any of the violent Proceedings of the Faction these Religious Spies and Setters immediately gave Informations against them to some of the Members of the Commons and these Men had a certain devise to punish Men who had transgressed no known Law for Crimes which would not bear an Indictment or the Test of a Jury of their Peers by bringing them under the Rod of the Commons House for Words of dangerous Consequence for which constructive Offences their Persons were imprisoned and their Purses fleeced by the Serjeant and his Officers as if they had been the most notorious Malefactors Such precious beginnings had this Dawning of the glorious Day which they promised the People should be nothing but one continued Sun-shine of Liberty and Property without the least Cloud of Arbitrary or Exorbitant Government But as a great Man said upon another Occasion in this present Parliament Misera est servitus ubi jus est vagum et incertum Where known Law ends there Slavery begins And where our Law knows not how to lay an Indictment it must certainly be something Arbitrary that inflicts a Punishment But this was the Case of Loyalty Men were not only made Offenders for a Word but for such Words as were justifiable by the Laws of God and Man His Majesty whose Zeal for the Church was as Eminent as his Piety and Devotion were singular and most extraordinary observing what an Inundation of Schisme and Errors were flowing in upon the Church the Pretence of Reformation letting loose all the Schismaticks who pretended to be the great Reformers issued out a most Excellent Proclamation to prevent that Disorder Division and Separation which he too Prophetically foresaw would indanger the Subversion of the very Essence and Substance of Religion The Proclamation was as follows A Proclamation for Obedience to the Laws Ordained for Establishing of the True Religion in this Kingdom of England HIs Majesty considering that it is a Duty most beseeming A Proclamation for Obedience to the Laws for Establishing the true Religion in England Dec. 11. 1641. and that most obligeth Soveraign Authority in a Christian King to be careful above all other Things of preserving and advancing the Honor and Service of Almighty God and the peace and tranquility of the Church to which end His Majesty with his Parliament hath it under Consideration how all just Scruples might be removed And being in the mean time sensible that the present Division Separation and Disorder about the Worship and Service of God as it is Established by the Laws and Statutes of this Kingdom in the Church of England tendeth to great Distraction and Confusion and may endanger the Subversion of the very Essence and Substance of true Religion hath resolved for the preservation of Vnity and Peace which is most necessary at this time for the Church of England to require Obedience to the Laws and Statutes Ordained for establishing of the True Religion in this Kingdom whereby the Honor of God may be advanced to the great Comfort and Happiness both of His Majesty and his good Subjects His Majesty doth therefore Charge and Command That Divine Service be performed in this His Kingdom of England and Dominion of Wales as is appointed by the Laws and Statutes Estadlished in this Realm and that Obedience be given by all His Subjects Ecclesiastical and Temporal to the said Laws and Statutes concerning the same And that all Iudges Officers and Ministers Ecclesiastical and Temporal according to Iustice and their respective Duties do put the said Acts of Parliament in due Execution against all willfull Contemners and Disturbers of Divine Service contrary to the said Laws and Statutes His Majesty doth further Command That no Parsons Vicars or Curates in their several Parishes shall presume to introduce any Rite or Ceremonies other then those which are Established by the Laws and Statutes of the Land Given at His Majesties Palace of White-Hall the tenth Day of December in the Seventeenth Year of His Majesties Reign God save the KING But the Root of the Schism lay too deep to be Cured by a Proclamation and the Separatists knew where to take Sanctuary not only for their Disobedience to the Laws made in favor of the Church but of the Crown too or otherwise they would not in such riotous and Tumultuous Manner
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
1. That for the sad business of Ireland His Majesty cannot possibly express a greater sence then He hath done there being nothing left on His Majesties part unoffered or undone And He hoped by the speedy advice and assistance of His Parliament that great and necessary Work would be put in a just forwardness to which his Majesty will contribute all his power And how zealous He is and hath bin therein will appear in a Declaration speedily to be set forth by his Majesty 2. For the Tower His Majesty wonders that having removed a Servant of good Trust and Reputation from that Charge onely to satisfie the fears of the City and put in another of unquestionable Reputation and known ability the Petitioners should still entertain those fears and what-ever preparation of Strength is there made is with as great an Eye of Safety and advantage to the City as to his Majesties own Person and shall be equally employed to both 3. For the fortifying of White-hall with Men and Munition in an unusual way His Majesty doubts not but the Petitioners have observed the strange provocation he hath received to entertain that Guard That by the disorderly and tumultuous conflux of people at Westminster and White-hall his Majesties great Councel was not onely disquieted but his own Royal Person in danger most seditious language being uttered even under his own windows whilest the examination and punishing such Tumults by the course of Law were interrupted and stopped And if any Citizens were wounded or ill intreated his Majesty is confidently assured that it hapned by their own evil and corrupt demeanours 4. His Majesty knows no other endeavours to the Innes of Court then a gracious intimation That He received the tender of their loyal and dutiful Affections with very good Approbation and Acceptance and an incouragement given them to continue the same upon all occasions Neither doth his Majesty know what discovery hath bin lately made of Fire-works in the hands of any Papist 5. For his going to the House of Commons when his Attendants were no otherwise armed then as Centleman with Swords his Majesty is verily perswaded That if the Petitioners knew the cleer grounds upon which those persons stand accused of high Treason and what will be proved against them which in due time they shall be acquainted with and considered the gentle way his Majesty took for their apprehension which he preferred before any course of violence though that way had bin very justifiable for his Majesty is very well assured that it is notoriously known that no priviledge of Parliament can extend to Treason Felony or breach of the Peace the Petitioners would believe his Majesties going thither was an Act of grace and favour to that House and the most peaceable way of having that necessary service for the apprehension of those persons performed specially if such Orders have bin made which his Majesty is not willing to believe for the resistance of all lawful Authority as are discoursed of 6. And for the proceedings against those Persons mentioned in the Petition his Majesty ever intended the same should be with all justice and favour according to the Laws and Statutes of the Realm to the which all innocent men would cheerfully submit And this extraordinary way of satisfying a Petition of so unusual a nature his Majesty is confidently perswaded will be thought the greatest instance can be given of his Majesties clear intention to his Subjects and of the singular estimation he hath of the good affections of the City which he believes in gratitude will never be wanting to his just Commands and Service The People were kept perpetually allarm'd An Information of a Plot against some Lords with one little Plot or another either against the Parliament in General or some particular Persons the Favorites of the Faction so it is no Miracle that they were in such heats but rather that they did not fall into perfect Frenzy and Madness for want of Sleep to cool their Brains every day produced a new Discovery to keep them waking And this Day one Francis Moor an Italian gave in an Information to the House of Lords That yesterday he coming towards White-Hall he stood talking with an Irish Man who lives with the Lord Viscount Loftus in the Street and overheard one Brian Kelly an Irish Man Servant to the Earl of Arundel speak in Italian to one Signior Francisco an Italian and say That there was a Plot laid to kill some Lords of the Parliament and in particular named the Earl of Northumberland the Earl of Essex the Earl of Holland the Earl of Pembroke and the Earl of Leicester Hereupon It is Ordered That the said Brian Kelly and Signior Francisco shall be forthwith apprehended and attached by the Gentleman Vsher attending this House and brought as Delinquents to the Bar which was done accordingly and Brian Kelly being brought to the Bar and charged with the Words he denied that he ever spake any such Words Thereupon Moore was called in to confront him and upon Oath averred what he had formerly informed Whereupon Kelly was by Order of the Lords committed to Newgate that Mr. Justice Reeves and Justice Foster do presently examine the said Kelly and Signior Francisco and all others whom they think fit to give further Informations in this Business and report the said Examinations to the House Mr. Justice Reeves informed the House That the Irish Man's Name that was with Moore when he heard Kelly speak the Words is Philip Dnell Servant to the Lord Sheffield Hereupon the said Duell was sent for to attend the House presently and to be Examined The Lord Chief Justice of the King's Bench was also Ordered forthwith to examine Tho. Acroie and Signior Francisco and such others as he shall think fit to examine touching the Report of the Plot that certain Lords of this House should be killed and to report the same to the House The Attorney General ordered to justify his proceedings against Kymbolton and 5 Members It was then moved That Mr. Attorney General might be commanded to speak what he can to justify the manner of Proceedings against the Lord Kymbolton and the five Members of the House of Commons Then Mr. Attorney made a Narrative of what he did that Day by the King's Directions and when he came to justify himself as to the legality of the proceeding and that it was agreeable to the Course of Parliament he desired some time to prepare himself with some particular Proceedings which would be too long to read now and the House gave him time till to morrow Morning The Commons were restless to have the Loyal Lieutenant Sir John Byron out of the Tower Message from the Commons about the Tower and therefore a Message was sent by them to let their Lordships know That they are informed that there are extraordinary quantities of Ammunition carried out of the Tower and extraordinary Stores of Provisions carried in and therefore
he might Arrest them of High Treason And whereas afterwards the next day His Majesty in His Royal Person came to the said House attended with a great multitude of men armed in warlike manner with Halberts Swords and Pistols who came to the very door of the House and placed themselves there and in other places and passages neer to the said House to the great terrour and disturbance of the members then sitting and according to their duty in a peaceable and orderly manner treating of the great affairs of England and Ireland And his Majesty having placed himself in the Speakers Chair demanded of them the Persons of the said members to be delivered unto him which is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberties and Freedome thereof And whereas afterwards His Majesty did issue forth several warrants to divers Officers under His own hand for the apprehension of the Persons of the said members which by Law he cannot do There being not all this time any Legal charge or accusation or due Process of Law issued against them nor any pretence of charge made known to that House All which are against the Fundamental Liberties of the Subject and the Rights of Parliament Whereupon we are necessitated according to our duty to declare And we doe hereby declare that if any person shall arrest Mr. Hollis Sir Arth. Haslerig Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only is guilty of the Breach of the Liberties of the Subject and of the Priviledge of Parliament and a publick enemy to the Common-Wealth And that the arresting of the said Members or any of them or of any other Member of Parliament by any Warrant whatsoever without a Legal Proceeding against them and Without consent of that House whereof such Person is a Member is against the Liberty of the Subject and a Breach of Priviledge of Parliament And the Person which shall arrest any of these Persons or any other Member of the Parliament is declared a publick Enemy of the Common-Wealth Notwithstanding all which we think fit further to declare That we are so far from any endeavours to protect any of Our Members that shall be in due manner prosecuted according to the Laws of the Kingdom and the Rights and Priviledges of Parliament for Treason or any other Misdemeanours That none shall be more ready and willing then we our selves to bring them to a speedy and due tryal being sensible that it equally imports us as well to see justice done against them that are criminous as to defend the just Rights and Liberties of the Subjects Mr. Whitlokc's Reports from Grocers-Hall Jan. 8th 1641. and Parliament of England And whereas upon several examinations taken the seventh day of this instant January before the Committee appointed by the House of Commons to sit in London it did fully appear that many Souldiers Papist and others to the number of about 500. came with his Majesty on Tuesday last to the said House of Commons armed with Swords Pistols and other weapons and diverse of them pressed to the door of the said House thrust away the door-Keepers and placed themselves between the said door and the ordinary attendants of His Majesty holding up their Swords and some holding up their Pistols ready Cock'd near the said door and saying I am a good Marksman I can hit right I warrant you and they not suffering the said door according to the custom of Parliament to be shut but said they would have the door open and if any opposition were against them they made no question but they should make their party good and that they would maintain their party and when several members of the House of Commons were coming into the House their attendants desiring that room might be made for them some of the said Souldiers answered A Pox of God confound them and others said A Pox take the House of Commons let them come and be hang'd what a doe is here with the House of Commons and some of the said Souldiers did likewise violently assault and by force disarm some of the Attendants and servants of the Members of the House of Commons waiting in the Room next the said House and upon the Kings return out of the said House many of them by wicked oaths and otherwise expressed much discontent that some Members of the said House for whom they came were not there and others of them said when comes the word and no word being given at His Majesties coming out they cryed a lane a lane afterwards some of them being demanded what they thought the said company intended to have done answered That questionless in the posture they were set if the word had bin given they should have fallen upon the House of Commons and have cut all their throats Upon all which we are of opinion that it is sufficiently proved that the coming of the said Souldiers Papists and others with his Majesty to the House of Commons on Tuesday last being the fourth of this instant January in the manner aforesaid was to take away some of the Members of the said House and if they should have found opposition or denyal then to have fallen upon the said House in an hostile manner And we do hereby declare that the same was a Traiterous design against the King and Parliament And whereas the said Master Hollis Sir Arthur Hasterigg Mr. Pym Mr. Hampden Mr. Strode upon report of the coming of the said Souldiers Papists and others in the warlike and hostile manner aforesaid did with the approbation of the House absent themselves from the service of the House for avoiding the great and many inconveniencies which otherwise apparently might have hapned Since which time a printed paper in the form of a Proclamation bearing date the sixth day of this instant January hath issued out for the apprehending and imprisoning of them therein suggesting that through the Conscience of their own guilt they were absent and fled not willing to submit themselves to justice We do further declare That the said printed paper is false scandalous and illegal and that notwithstanding the said printed paper or any Warrant issued out or any other matter yet appearing against them or any of them they may and ought to attend the service of the said House of Commons and the several Committees now on foot And that it is lawful for all persons whatsoever to lodge harbour or converse with them or any of them And whosoever shall be questioned for the same shall be under the protection and priviledge of Parliament And We do further declare Mr. Glyn reports from Grocers-hall Jan. 10th 1641. That the publishing of several Articles purporting a form of a charge of high Treason against the Lord Kimbolton one of the Members of the Lords House and against the said Mr. Hollis
Violence The Ulster Rebels are grown so strong as they have sufficient Men to leave behind them in the places they have gotten Northward and to lay Siege to some not yet taken as Emiskillin in the County of Fermanagh and Agher in Tirone and yet to come many thousands to besiege Drogheda in view whereof within 3 or 4 Miles they have stood with their Colours flying since Sunday the 21st of November expecting more Forces from Cavan and that way to gird the Town round about They have already taken Mellifont the Lord Moor 's House though with the loss of about 120 Men of theirs and there in cold blood they murdered Ten of those that manfully defended that place We hear also that the whole County of Lowth both Gentry and others are joyned with the Rebels and that the Sheriff and John Bellew Esq is likewise with them this County being one of the five of the English Pale having formerly still been true to the Crown In the County of Meath also being the most considerable of the five all the Common People and many of the younger Sons of the Gentry beyond the River of Boyne Twenty Miles from Dublin do either joyn with the Rebels or otherwise rob and spoil the English Protestants till within Six Miles of Dublin We sent to Drogheda 1100 Foot and 3 Troops of Horse and caused Four other Foot Companies to be raised there and this day we send thither 600 Foot more raw Men and unexperienced and another Troop of Horse And we provide the best we may for the defence of this City yet most of the Men we have are not Trained nor Exercised and many of them are Irish for others we have not and we fear that when we come to blows many of those will forsake their Commanders and side with the Rebels as they have done in the Counties of Cavan and Wickloe where of Companies of 40 Men of our Soldiers not above six or seven stayed on our side but took part with the Enemy Our main indeavour is to preserve this City and Castle for his Majesty The Rebels have now framed an Oath which they Administer to all that joyn with them the Copy whereof you have here inclosed as it was taken out of some Copies scattered abroad for all Mens view To conclude we renew our Suit for our Supplies of 100000 l. in Money 10000 Foot and 1000 Horse in present and Arms and Munition for them and for the Stores and Places of Defence not yet lost and that so much Money Men and Arms as are already gotten may be sent onward and the rest to be sent after and that the third part of the Shot be Callivers and the other two parts bastard Muskets as more suiting with the Service of this Kingdom and if those Supplies be not immediately sent away the Kingdom will be in danger to be lost Extract of a Letter of the said Lords Justices and Council of the 26th of November to the said Lord Lieutenant WE have received information That the Lord Viscount Dillon who Two Months since was admitted to be a Member of this Board and is now imployed by the Lords House of Parliament here to attend his Majesty carries along with him or is to have sent after him some Writing Signed by many Papists of the Nobility and Gentry of this Kingdom which Writing as we are Informed contains a profession of Loyalty to his Majesty and an offer of themselves by their Power to reprieve this Rebellion without Aids of Men from England which if there be any such his Lordship though a Member of this Board hath not Communicated with us the Justices who ought to be made acquainted with what may have Relation to the Safety of the Kingdom But if the Lord Dillon 's Counsel shall tend any way to stay the Succours intended to be sent us out of England or to entertain his Majesty with a belief that those here will raise sufficient Force to reduce this Kingdom we humbly beseech leave to declare our Opinions herein That is that if our expected Succours from England be kept from us undoubtedly the English and Protestants of this whole Kingdom will be either put to the Sword or be forced to forsake the Kingdom and the sole Power and Sway in all Magistracy must necessarily fall into the hands of the Irish which will at their own pleasure shake off the Government of England and set up their Idolatrous Religion and prove the most dangerous Enemies to England We do confide so much in the Wisdom of His Majesty and the Parliament of England and your Lordships prudent Conduct of a matter so highly importing the State as that they will not to save a little charge expose both Kingdoms to such Dangers after the expence of so much English Blood and Treasure as hath been spent to gain this Kingdom nor will the charge be lost in overcoming this Rebellion by the Wisdom and Valour of England when it shall be abundantly recompenced not only in the settlement of a more firm Peace and Safety to England but also in raising a greater and more considerable Revenue here to the Crown then formerly out of the Estates of the Authors of the mischief The Rebels keep from us all Accesses to our Markets to starve us as they say nor can we help it for want of Men to send abroad several ways So it will be absolutely necessary that the Magazine of Victuals on the English Sea-Coasts on this side be fully stored with all speed that Supplies be hastened hither to Dublin A Regiment of a 1000 Men raised in Munster by Colonel Garret Barry for Spain was Commanded to Disband by the Lord President but they continue still as they were increasing in their numbers We have not yet sufficient force to compel them and it is doubted that he expects there some Arms from Foreign Parts so as it appears necessary that the Shipping designed for guarding those Coasts be hastened away speedily Extract of a Letter of the Lords Justices and Council to the Lord Lieutenant Dated the 27th of November 1641. WE hear that some have given out that our Dangers here are not so great as we declare which misinformations if they should gain credit there might cause the lessening or retarding our Supplies which perhaps may be the aim of those that have so misinformed if any can be so wicked and though we hope that such reports cannot be of equal value or estimation with the joynt representations of this State yet we crave leave to declare that the Rebellions are such and so great as we have formerly represented and far more dangerous then Words can express and we affirm That if those Supplyes come not speedily the Danger will be found far more lamentable to both Kingdoms and we beseech that no Credit be given to the contrary The Disturbances are now grown so general that in most Places and even round about this City within 4 Miles of us not the