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
things as may advance the King's Service and that from them it passes to the Lord Keeper or Chancellor That he gave no Directions about it nor was any proof offered that he did as to the Execution he never did Act nor stay a minute as President after that Commission granted which appears by the Date which was 21 March 8 Car. and he went towards Ireland July following and being neither privy to the taking out the Commission nor Execution he appealed to their Lordships and the Gentlemen of the House of Commons Whether he could be Criminal That if there be an Error in a Judge so that he gives a Sentence otherwise than a man of better Vnderstanding conceives Reason for there is no cause it should be heightned to a Treason to take from him his Life and Honor merely because he was no wiser That what Mr. John Gore speaks to is not in his Charge That to what Musgrave deposeth he can say nothing but by way of Divination that he is but a single Witness speaks not to the Charge that what he sayes will hardly convince a man of a Trespass it being Grounded on a Rule in our Law Boni Judicis est ampliare Jurisdictionem as far as in Reason and Justice they may As to Thorp's Testimony which he speaks to was before the Commission 8 13 Car. and so is not within the Charge This he proved Witnesses for the Earl Slingsby Railton and Little that from July 8. 1633. he was out of England and returned not till 1639. by Mr. Slingsby his Secretary Mr. Railton and Mr. Tho. Little but not upon Oath To this the Managers rejoyned That whereas he said the Charge is not Treason if the Fact appear satisfaction will in good time be given That though this particular is not Treason yet all the parts of it amount to the subversion of the Laws of the Kingdom that is prest as Treason and this as an Evidence Then they fell upon that Expression in the charge Art 2. that at a Publick Assizes he should say That some of the Justices were all for Law and nothing would please them but Law but they should find that the King 's little finger should be heavier than the Loins of the Law This they indeavoured to prove Witnesses William Long Sir Thomas Leyton Marmaduke Potter Mr. William Long deposed That he heard him say the words Sir Thomas Leyton deposed the same and the deposition of Marmaduke Potter deceased since his Examination was read being to the same words To this he answered He could not possibly be guilty of the words as laid in the Charge which sayes it was August after the 21 March 8 Car. at what time he was in Ireland but he would not stand upon Niceties that truth might appear that the words he spoke were That the little finger of the Law was heavier then the King's Loins which agrees with the eccasion for Sir Thomas Leyton Sherriff Levying with great rigor some Knighthood-Money which was paid before but by some Error above sent down again upon which he desired Sir Thomas to return the Money and he would see him discharged in the Exchequer it being so great an Injustice to the Persons and to satisfie the Country he told them the Commission was of Grace and Favour applying those words before recited that none of the Witnesses took notice of the Occasion Dr. Duncomb being demanded what he knew deposed for the Earl Witnesses Dr. Duncomb for the Earl Sir William Pennyman That Sir Edward Stanhope told him in the presence of divers that my Lord had said That speaking of the Prerogative as easier then the Common Law he heard him use the words before recited But Sir William Pennyman positively averred it to be as my Lord had declared at which the managers took great Exception saying He did his duty well being a Member not to inform the House before The Earl desired he might not be prejudiced for his Testimony professing he would put himself upon God's Mercy and not make use of any member of either House though his principal Witnesses were of them rather than be guilty of the Injustice of overthrowing another to save himself Then Sir David Fowles was offered as a Witness but my Lord excepted against him being then a Prisoner in the Fleet at my Lord's Suit But he was over-ruled the Evidence being for the King He deposed positively That he heard the words but the occasion he did not remember but being interrogated as to the occasion a little after he answered That before my Lord went to Ireland he made a Speech to the Countrey and desired them to go on in their Service and to break out in these words which as it contradicted the former Evidence as to the Occasion so he contradicted himself saying but just before he could not well remember the Occasion Sir William Ingram deposed the words but could not remember the Occasion To this the Earl replied That admitting the words spoken Sir William Ingram yet they were not Treason and referred that as a point of Law in due time to be argued by his Councel and the Managers adding they had proved the Fact the Court adjourned This day they proceeded to the Third Article Thursday March 26. The Fourth Day That the Earl should say That Ireland was a Conquered Kingdom and the King might do with them what he pleased That the Charters of Dublin were nothing worth and did bind the King no further than he pleased The Earl moved that he might add something material to what was spoken yesterday the Manager opposed it as contrary to Order The Earl said it was a Court of Honour and a Rule to it self alledging the disadvantage of suddain Answers but it was denied him Then he moved the Witnesses might not stand with the Committee but apart as in other Courts which was also denied Robert Kennyday was produced Robert Kennyday but the Earl objected against him as a person Sentenced for Misdemeanors in his Office of Remembrancer saying It was his great Misfortune that all that have suffered under the King's Justice in his Ministry are ready to be Witnesses against him But the Manager replied If he was guilty of Extortion yet not of Perjury So he was sworn and deposed positively that he heard the words Sept. 30. 1633 spoken at the Presenting a New Mayor of Dublin The Earl of Cork was sworn against whom the Earl Excepted Richard Earl of Cork in regard of an Information against him which under his hand and Seal he had confessed and acknowledged himself in the King's Mercy for which he might be supposed to be displeased at him for something done in that Cause To this it was said the reflection was unfit the Earl of Cork being a Privy-Councellor so he was admitted He said he came over with a Resolution not to complain and left his Papers behind him that he might have no temptation to it but
counterfeit Coin was Treason and Justice Stamford fol. 331. 44. is of opinion that this or the conspiring to counterfeit the Great Seal is Treason The Statute is If any shall counterfeit the Great Seal conspiring to do it by the Book is Treason if a man take the Broad Seal from one Patent and put it to another here is no counterfeiting it 's tantamount and therefore Treason as is adjudged in 2 Hen. 4. fol. 25. and by the opinion of Stamford If Machination or Plotting a War be not within that clause of the Statute of Levying of War yet is within the first of compassing the death of the King as that which necessarily tends to the destruction both of King and People upon whose safety and protection he is to engage himself That this is Treason hath been adjudged both after the Statutes of 1 Hen. 4. Cap. 10. and 1 Queen Mary so much insisted upon on the other side In the Third year of King Henry 4th one Balshal coming from London found one Bernard at Plough in the Parish of Osley in the County of Hertford Bernard asked Balshal what news he told him that the news was That Richard the Second was alive in Scotland which was false for he was dead and that by Midsummer next he would come into England Bernard asked him What were best to be done Balshal answered Get Men and go to King Richard In Michaelmas Term in the Third year of Hen. 4th in the Kings-Bench Rot. 4. This advice of War adjudged Treason In Queen Mary's time Sir Nicholas Throckmorton conspired with Sir Thomas Wyat to Levy War within this Realm for alteration in Religion he joyned not with him in the execution This conspiracy alone declared to be Treason by all the Judges this was after the Statute of Queen Mary so much insisted upon That Parliament ended in October this opinion was delivered the Easter Term following and is reported by Justice Dyer fol 98. It 's true Sir Thomas Wyat afterwards did Levy War Sir Nicholas Throckmorton he only conspired This adjudged Treason One Story in Queen Elizabeths time practised with Foreigners to Levy War within this Kingdom nothing done in pursuance of the practice The intent without any adhering to enemies of the Queen or other cause adjudged Treason and he executed thereupon It 's true my Lords that year 13 Eliz. by Act of Parliament it 's made Treason to intend the levying of War this Case was adjudged before the Parliament The Case was adjudged in Hillary Term the Parliament begun not till the April following This my Lords is a Case judged in point that the practising to Levy War though nothing be done in execution of it is Treason Object It may be objected That in these Cases Object the Conspiring being against the whole Kingdom included the Queen and was a Compassing Her destruction as well as of the Kingdoms here the advice was to the King Answ The Answer is first That the Warrant was unknown to His Majesty Answ that was a Machination of War against the People and Laws wherein His Majesties Person was engaged for protection Secondly That the advice was to his Majesty aggravates the Offence it was an Attempt which was the Offence it was an Attempt not only upon the Kingdom but upon the Sacred Person and His Office too himself was hostis patriae he would have made the Father of it so to Nothing more unnatural nor more dangerous than to offer the King Poyson to drink telling him that it is a Cordial is a passing of his death the Poyson was repelled there was an Antidote within the Malice of the giver beyond expression The perswading of Foreigners to invade the Kingdom hold no proportion with this Machination of War against the Law or Kingdom is against the King they cannot be severed My Lords If no actual War within the Statute if the Counselling of War if neither of these single Acts be Treason within the Statute The Commons in the next place have taken it into consideration what the addition of his other Words Counsels and Actions do operate in the Case and have conceived that with this Addition all being put together that he is brought within the Statute of 25 E. 3. The words of the Statute are If any Man shall Compass or Imagine the death of the King the words are not If any Man shall Plot or Counsel the Death of the King No my Lords they go further than to such things as are intended immediately directly and determinatively against the Life and Person of the King they are of a larger extent to compass is to do by Circuit to Consult or Practise another thing directly which being done may necessarily produce this effect However it be in the other Treasons within this Statute yet in this by the very words there is room left for constructions for necessary inferences and consequences What hath been the Judgment and Practice of former times concerning these words of compassing the Kings Death will appear to your Lordships by some Cases of Attainders upon these words One Owen Owen's Case of Sandwich in Kent in King James His time in the 13th year of His Reign at Sandwich in Kent spake these words That King James being Excommunicated by the Pope may be killed by any Man which killing is no Murther Being asked by those he spake to how he durst maintain so Bloody an Assertion Answered That the matter was not so heinous as was supposed for the King who is the Lesser is concluded by the Pope who is the Greater and as a Malefactor being Condemned before a Temporal Judge may be delivered over to be Executed So the King standing Convicted by the Popes Sentence of Excommunication may justly be slaughtered without fault for the Killing of the King is the Execution of the Popes Supream Sentence as the other is the Execution of the Law For this Judgment of High Treason was given against him and Execution done My Lords there is no clear intent appearing that Owen desired the thing should be done only Arguments that it might be done this is a Compassing there is a clear Endeavour to corrupt the Judgment to take off the Bonds of Conscience the greatest security of the Kings Life God forbid saith one of better Judgment then he that I should stretch out my hand against the Lords Anointed No saith he the Lord doth not forbid it you may for these Reasons lawfully kill the King He that denies the Title to the Crown and plots the means of setting it upon anothers head may do this without any direct or immediate desiring the death of Him that wears it yet this is Treason as was adjudged in the 10 of Hen. 7 in these of Burton and in the Duke of Norfolk's Case 13 Eliz. This is a compassing of His Death for there can no more be two Kings in one Kingdom then two Suns in the Firmament he that conceives a Title counts it worth venturing
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
Humphrey Davenport did then also without any cause Imprison the said Robert Hoblins and bound him to the good behaviour That whereas in the Month of April Decimo sexto Caroli the Officers of the Custom-House having Seized a Ship of one Samuel Warner Laden with Tobacco being the Goods of the said Warner the Bulk of the said Ship not being broken and no Information Exhibited for the King according to the course of the Exchequer for any Duty the Barons were moved that the said Ship might be restored to the Proprietors giving security to pay such duties as did belong to the King but upon the allegation of the Kings Attorney that there needed no information because there was no penalty the said Sir Humphrey Davenport being then Lord Chief Baron of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court did contrary to his Oath and contrary to the Laws of this Realm deny the restitution of the said Ship unless all the duties demanded by the Farmers of the Custom-House were first paid Hereupon the said Warner brought an Action of Trover in the Office of Pleas in the Exchequer against the said Officers that Seized his Ship and Goods Whereupon the Kings Attorney General exhibited an Information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customs and Subsidies upon Merchandise were a great part of the Kings Revenue and payable to him And that the said Ship was Seized for non-payment of the aforesaid duties notwithstanding the said Warner then Proprietor Prosecuted the Officers upon a Suit at Law and prayes that he may answer the said Information before any further proceedings be had at Law Thereupon the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for the delivery of the said Goods should first answer to the Information after which the said Warner demurred to the said Information in regard no Title for any certain duty was set forth by the Information which demurrer yet remains not over-ruled but the said Sir Humphrey Davenport with the said other Barons without over-ruling the demurrer Ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon pretence of viewing the said Goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmers to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President Inrolls the Case the said Sir Humphrey Davenport with the said other Barons adjudged that the said Goods were not Replevisable and granted an Injunction to maintain Possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Humphrey Davenport and also of replying to the answer that he the said Sir Humphrey Davenport shall make unto the said Articles or any of them or of offering proof 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 Parliaments require do pray that the said Sir Humphrey Davenport Lord Chief Baron of His Majesties Court of Exchequer 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 The ARTICLES against Mr. Justice Trevor were as followeth Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Thomas Trevor Knight one of the Barons of His Majesties Court of Exchequer Impeaching him as followeth 1. THat in or about November 4. Car. divers Goods and Merchandises whereof John Rolls George Moore and other Merchants of London were Proprietors being Seized and conveyed into certain Store-Houses at the Custom-House by Sir John Worstenham Abraham Dawes and other the Farmers and Officers of the Customs and by them there detained because the said Proprietors refused to pay the Subsidy of Tonnage and Poundage pretended to be due and demanded by the said Farmers and Officers on His Majesties behalf for the said Merchandises whereas no such Subsidy or Duty of Tonnage or Poundage was due or payable for the same no Subsidy of Tonnage and Poundage having been granted by Parliament to His Majesty The said John Rolls and others the Proprietors of the said Goods having by reason of such unlawful Seizure and Detainer as aforesaid Sued forth one or more Writ or Writs of Replevin directed to the Sheriffs of London being the proper remedy provided by the Law to regain the Possession of Goods taken and with-held from the Owners contrary to Law the said Sir Thomas Trevor Knight then and yet one of the Barons of His Majesties said Court of Exchequer together with the rest of the then Barons of the said Court upon Information to them given That the said Proprietors or some of them had Sued forth and did Prosecute such Writ or Writs of Replevin for the delivery of the said Goods did order an Injunction under Seal of the said Court to Issue forth directed to the Sheriffs of London commanding them thereby not to Execute the said Writ or Writs of Replevin or any like Writ thereafter to be Sued forth by any Person or Persons for the delivery of any Goods in the like nature detained And it did declare and order publickly in the said Court of Exchequer that the said Goods by Law were not Replevisable alledging for cause that the said Goods were in the Kings own Possession whereas the same did not judicially appear to them and they did well know that the said Goods were at that time in the Possession of the Farmers and Lessees of the said Customs and no Lawful cause to them appearing or suggested of the taking and detaining of the said Goods which Injunctions and Declaration so granted and made were and are against the Laws of this Realm and in subversion of the common right and remedy of the Subject for regaining the Possession of his Goods being taken and with-holden from him without Lawful cause That the Sheriffs of London for the time being served with the said injunction did forbear to execute the said Writ or Writsof Replevin by means whereof the said Goods continued so detained as aforesaid contrary to Law from the Month of November till the Month of June following That the said Sir Thomas Trevor and other the Barons aforesaid knowing the said Goods to be unlawfully Seized and Detained for the pretended Duties and
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 the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
sorry for having administred unto their Lordships any Occasion of so high an Offence by letting fall Words touching the Bible of the Church of England and protesteth that his Design was not to affront their Lordships or the professed Religion of this Kingdom and he did assure their Lordships That as all Catholick Subjects have ever done so he did neither refuse to swear upon the English Bible nor held himself disobliged to Answer truely whatsoever was Demanded He therefore humbly beseecheth their Lordships to Pardon his great Offonce upon this his humble Submission and Acknowledgment and to grant his Inlargement assuring their Lordships he is most willing and ready not only to depose the Truth as by his Oath he is bound in whatsoever shall be Interrogated in this particular Cause but also shall ever Pray c. Upon which their Lordships sent a Message to the Commons giving them an account of this Petition and to let them know that having given this Satisfaction they were inclined to Pardon him but will not release him out of his Imprisonment before they had acquainted them therewith according to their Lordships former Ingagement Sir Henry Vane brought up a List of the Names of such Papists as the House of Commons desired should be secured as also an Order for the Lord Admiral to set forth 4 Ships for the Service of Ireland in which they desired the Lords to joyn with them Then were read two Letters from the Lords Justices in Ireland Letters from Ireland dated Nov. 13th 1641. the one to the Lord Keeper the other to the Lord Lieutenant the Purport of which was That some Ships may be appointed to Guard the Coasts of Ireland That the Rebels have taken divers Houses and Castles That they have spoiled the County of Cavan and have made a Remonstrance of the Ground of their Revolt They desire that 10000 Foot and 1000 Horse with Arms and Munition and 100000 l. be presently sent them with a Supply of Victuals and Oats for Horses And lastly they presented an Examination of one William Shales taken the 10th of November upon Oath ministred by the Clerk of the Council of Ireland by Direction of the Board which Examination was read in the House as followeth WIlliam Shales Shales's Accusation of Sir Henry Beddingfield of Oxborough Hall in Norfolk Sergeant of the Foot Company under the Command of Sir Arthur Loftus Knight saith That about the latter End of April last he being then in Norfolk at Oxborough Hall in the House of Sir Henry Beddingfield the said Sir Henry hearing that this Examinant was lately come out of Ireland sent for him in to his Garden whither when he came he found the said Sir Henry walking with one Poole whom this Examinant supposeth was a Priest and saith That as soon as he came into the said Garden the said Sir Henry asked him whether he knew how the state of Ireland then stood To which the Examinant said That he thought that all things were quiet and at Peace there Why quoth Sir Henry doth the Army there do nothing To which the Examinant Replied That they carried themselves quietly and that any man might walk in Ireland with a Thousand pounds and a Wand only in his hand He saith also That the said Sir Henry told him That he was about to take a House in Kilkenny of one of the Butlers for that there was no safety in England for any of his Religion and asked of the Examinant Whether there were any good Hawking thereabouts To which the Examinant said That there was Then the said Sir Henry said That now his Mind was altered and that he meant to stay in England and added That he did believe that before Christmass Day next there should be seen such Combustions in England and Ireland as the like were never seen before and thereupon Cursed the Scots as Authors of these Troubles Jurat Coram nobis Ja. Ware Rob. Meredith William Shales Whereupon it was Ordered That Sir Henry Beddingfield should be sent for in safe Custody by the Gentleman Vsher of the House and none permitted to speak with him but in the presence of the Messengers and that his Study should be sealed up by the two next Justices of the Peace till the further Pleasure of the House be known Sir Thomas Barington brought up a Message from the Commons to desire that Phillips the Priest may not be released of his Imprisonment until they be first made acquainted with it To which the Lords assented and appointed the Earl of Dorset the Queens Chamberlain to give her Majesty an account of these proceedings The List of the Prime Papists who were desired to be secured by the House of Commons Next the List of Recusants Names were read which the House of Commons desire may be secured which were as follows In the County of Lancaster Mr. Preston of the Mannor Mr. Clifton of Litham Mr. Chorley Sir William Gerrard Mr. James Anderton of Clayton Sen. Mr. Blundel of Crosby Mr. Robert Cranfield of Robbs Hall Sir John Talbott Sir Cecil Trafford Mr. Hugh Anderton of Eurton Sir Alexander Barlow In the County of Stafford Sir Richard Fleetwood Baronet Mr. Jo. Wells of Horecross Mr. Dreycott of Painsley Mr. Peter Gifford of Chillington Mr. Tho. Leveson of Ashburn Mr. Francis Harcott In the County of Southampton Lord Stourton Mr. Gage of Bawbridge Mr. John Bishop of Pilewell Lord Baltimore Mr. William Owen of Abberston John Arundell Esquire In the County of Sussex Lord Viscount Mountague In the County of Warwick Robert Throgmorton Esquire Mr. Morgan of Weston Mr. William Sheldon of Weston Sir Charles Smith In the County of Montgomery Sir Piercy Herbert Knight In the County of Worcester The Earl of Shrewsbury Francis Hanford Esquire Mr. Walter Blunt Edward Sheldon Esquire Mr. William Abbington Jun. In the County of Chester Mr. Poole of Poole Mr. Starkey of Darley Mr. Stanley In the County of Monmouth The Earl of Worcester Sir Charles Sommersett Mr. Morgan of Llantern In the County of Pembroke Sir Nicholas Lewis In the County of Suffolk Sir Robert Rookwood In the County of Salop. Thomas Vnton Esquire In the County of Northumberland Roger Widdrington Esquire In the County of Northampton The Lord Brudnell Mr. Poulton Mr. Sanders In the County of Dorsett John Webb of Cansford In the County of Lincoln Sir John Thimbleby Knight Ralph Evers of Washingborough Mr. Townley of Norton Edmond Thorold of Hough Esq Anthony Mounson The Lord Harris Lord Arundel of Wardour Sir Kenelm Digby Sir John Symonds Sir John Winter Sir William Mounteth Lord Herbert Sir Robert Lyme Sir Basil Brook Sir Alexander Gordon Sir William Mounson Sir Henry Gifford After which it was Ordered That the Consideration of this List should be debated upon Munday following In the House of Commons they were still upon the great work of the Declaration of the State of the Kingdom which was not so smoothly carried but that it met with great Opposition even
Chapters 298. about the Palatinate 379. against parting with the Disbanded Soldiers 465. two Speeches of the Lord Newark concerning Bishops 251. of the Lord Say against Bishops Votes 266. of Sir Henry Vane against Episcopaâ—â— Government 276. of William Thomas against Deans and Chapters 282. of Mr. Pury against the same 289. of the Speaker of the House of Commons to the King at passing the Bill for Tonnage and Poundage 307 706. and of the Bill for Poll-money 326. of Sir Simon D'ewes about the Poll-Bill 322. of Sir William Parkins against Bishop Wren 330. of Sir William Pierrepoint at the Impeachment of Sir Robert Berkley 332. of Mr. Hide at delivering the Articles against the Lord Chief Baron c. 343. of Mr. Waller at the Impeachment of Mr. Justice Crawley 349. of Mr. Hollis in behalf of Sir Randal Crew 365. about the Palatinate 378. in justification of the Votes for taking the Protestation 416. of Sir Simon D'ewes about the Palatinate 368. of Sir Thomas Widdrington at delivering the Articles against the Bishop of Ely 395. of Pym at a Conference about Excluding the Bishops Votes in the case of the thirteen impeached 500. of Mr. St. John about the same 501. of Audley Mervin at exhibiting Articles of Treason against Sir Richard Bolton 556. of Pym against Evil Councellors 619. of the Recorder of London to the King upon his return from Scotland 675. of the Lord Kimbolton at his Impeachment 815. of Hamden at his 817. of Mr. Grimstone concerning breach of Priviledge 825. of Glyn about the same 827. of the Earl of Monmouth about fears 849. of Sir Philip Stapleton concerning the Lord Digby and Collonel Lunsford 870. of Mr. White against the Bishops 885. formal Speeches declared unparliamentary by the House of Lords 265. Stanneries for Court Sir Philip Stapleton a Witness in the case of the Earl of Strafford 92. Statute of 〈…〉 cited 97. Star-Chamber a Bill for taking it away 258 324. past 271 327. a Message about the Officers of it 368. a Report about them 389. Earl of Strafford a short account of his rise 2 3 4. inveigh'd against in Parliament by Sir John Clotworthy 5. advised to withdraw 6. Impeach'd by the Commons 7. taken into Custody 8. sent to the Tower 10. his Answer to the Impeachment 20 to 27 brought to his Tryal 29. his several Defences see Defence taken with a fit of the Stone 100. Bill of Attainder against him 103. past by the King 195. he Petitions for his Children 196. his carriage at his Death 198. his Speech upon the Scaffold 199. Epitaphs upon him 204 205. his Wife and Children interceeded for by the House of Lords 237. his Death of what miserable consequence to Ireland 537. Lord Strange his Letter of dangers in Lancashire 650. Strangers by Proclamation commanded to depart Dublin and the Suburbs 637. Sir John Strangeways his motion against Tumults slighted 259. Sir Robert Strickland a Witness in the case of the Earl of Strafford 93. Strode one of the Committee to prepare a Charge against the Earl of Strafford 7. impeach'd of High-Treason 811. Subsidies six the Bill for them past 243 Subsidies granted by the Clergy 391. Summary of Evidence against the Earl of Strafford 104. Superinduction to a Rectory a Case upon it 511. T. COllonel Taaf committed by the House of Commons 785. Mr. Taylor an honest Burgess of Windsor expell'd the House and committed to the Tower 257. discharged 286. Sir John Temple his Letter from Ireland 371. Term abbreviated 238. Thanks ordered to the Queen by the House of Commons 405. to the Earl of Bristol by the House of Lords 430. to the Lord General by the same 496. to Calamy and Marshal by the House of Commons 775. by the same to the Train'd Bands Sheriffs and Major Skippon 838. to the Inhabitants of Bucks 884. to the Scots Commissioners 887. William Thomas his long Speech against the Bishops 211 to 226. another Speech against Deans and Chapters 282. Thorp a Witness against the Earl of Strafford 53. Tobacco two Proclamations of the Earl of Strafford about the Sale of it 66. Toleration of the Popish Religion in Ireland Votes and Debates about it 737 754. Tonnage and Poundage a Bill for it 257. 294 308 381 383 447 687 708. Fower of London a Conference about the Lieutenant there 773 778 Order of the House of Commons about it 775. their Declaration upon it 778. The Constable desired by the House of Commons to reside there 780. a Message to the House of Lords about it 835 844. Trained Bands raised to guard the Parliament 492. those of Westminster their Petition to the House of Commons 839. Earl of Traquair a Witness in the case of the Earl of Strafford 82. Treaty between the Lords c. of the Pale and the Ulster Rebels 907. with the Irish Rebels proposed 917. Tredagh opportunely garrison'd 636. Relief for it unfortunately defeated 905. Mr. Baron Trevor impeach'd by the House of Commons 343. Articles against him 352. Mr. Trevor ordered to be of Council for the Bishops 648. Tryal of the Earl of Strafford the manner agreed by both Houses 36. Tumult about the Spanish Ambassadors House 187. another on a ridiculous occasion 192. a Conference about them 245. Order of the Lords about them 246. Tumults about the Queen Mother 247. disturb people at the Communion 271. Order about them 275 291 393 395. Tumults about the French Ambassador 468. Order about them 476 603 692 856. Judges report the Statutes in force against them 709. But they are favour'd by the House of Commons 709. disavow'd by the Common-Council of London 712. 803. more Tumults 781 788 789 792. a Committee of the Lords to consider upon them 781. still favour'd by the Factious Commons 784 790 792 838. a Proclamation against them 786. Message from the House of Commons about them 789. Tumultuary Petitioning encouraged by the House of Commons 735. Sir Arthur Tyrringham a Witness for the Earl of Strafford repels the Irish Rebels at Lisnegarves 906. V. SIr Henry Vane Enemy to the Earl of Strafford and why 3. a Witness against him 82 83 84. his Speech against Episcopal Government 276. his Letter to the Lords Justices of Ireland 565. Sir Henry Vane junior produces a Paper pernicious to the Earl of Strafford 103. an Account of it 208. Captain Ven a godly Complainant 496. Venetian Ambassador a Priest of his Retinue imprison'd 394. he complains of the breaking open his Pacquet 640. Answer of the House of Lords 1641. his reception of it 643. a Message from him 655. Vintners Case against Alderman Abel and Kilvert 256. Voluntiers come in for Ireland 772. Message from the King about them 787 789 793. Votes of both Houses concerning the Irish Affairs 600 642 643 729 755 762 772 778 791. concerning Breach of Priviledge 741. Votes of the House of Lords upon debating the Bill concerning the Bishops 255. against the New Canons c. 285. concerning the Council at York 388. about
Irish Statute or Custom Object But it will be said that Writs of Error are only upon failure of justice in Ireland and that suits cannot originally be commenced here for things done in Ireland because the Kings Writ runs not in Ireland Answ This might be a good Plea in the Kings-Bench and inferior Courts at Westminster-Hall the question is Whether it be so in Parliament The Kings Writ runs not within the County-Palatine of Chester and Durham nor within the Five Ports neither did it in Wales before the Union of Henry the 8th's time after the Laws of England were brought into Wales in King Edw. the 1. time Suits were not originally commenced at Westminster-Hall for things done in them yet this never excluded the Parliament-suits for Life Lands and Goods within these jurisdictions are determinable in Parliament as well as in any other parts of the Realm Ireland as appears by the Statute of the Thirtieth year of Henry 3. before-mentioned is united to the Crown of England By the Statute of the Eight and twentieth year of Hen. 6th in Ireland it is declared in these words That Ireland is the proper Dominion of England and united to the Crown of England which Crown of England is of it self and by it self wholly and intirely endowed with all Power and Authority sufficient to yield to the Subjects of the same full and plenary remedy in all Debates and Suits whatsoever By the Statute of the Three and twentieth year of Henry the 8th the first Chapter when the Kings of England first assumed the Title of King of Ireland it is there Enacted that Ireland still is to be held as a Crown annexed and united to the Crown of England So that by the same reason from this that the Kings Writs run not in Ireland it might as well be held that the Parliament cannot originally hold Plea of things done within the County-Palatine of Chester and Durham nor within the Five Ports and Wales Ireland is a part of the Realm of England as appears by those Statutes as well as any of them This is made good by constant practice in all the Parliament Rolls from the first to the last there are Receivers and Tryers of Petitions appointed for Ireland for the Irish to come so far with their Petitions for Justice and the Parliament not to have cognizance when from time to time they had in the beginning of the Parliament appointed Receivers and Tryers of them is a thing not to be presumed An Appeal in Ireland brought by William Lord Vesey against John fitz-Fitz-Thomas for Treasonable words there spoken before any Judgment given in Case there was removed into the Parliament in England and there the Defendant acquitted as appears in the Parliament Pleas of the Two and twentieth year of Edw. 1. The Suits for Lands Offices and Goods originally begun here are many and if question grew upon matter in Fact a Jury usually ordered to try it and the Verdict returned into the Parliament as in the Case of one Ballyben in the Parliament of the Five and thirtieth year of Edw. the 1. If a doubt arose upon a matter tryable by Record a Writ went to the Officers in whose custody the Record remained to certifie the Record as was in the Case of Robert Bagott the same Parliament of the Five and thirtieth year of Edw. the 1. where the Writ went to the Treasurer and Barons of the Exchequer Sometimes they gave Judgment here in Parliament and commanded the Judges there in Ireland to do execution as in the great Case of Partition between the Copartners of the Earl-Marshal in the Parliament of the Three and thirtieth of Edward the 1. Where the Writ was awarded to the Treasurer of Ireland My Lords The Laws of Ireland were introduced by the Parliament of England as appears by Three Acts of the Parliament before cited It is of higher Jurisdiction Dare Leges then to judge by them The Parliaments of England do bind in Ireland if Ireland be particularly mentioned as is resolved in the Book-Case of the First year of Henry the Seventh Cook 's Seventh Report Calvin's Case and by the Judges in Trinity-Term in the Three and thirtieth year of Queen Elizabeth The Statute of the Eighth year of Edward the 4th the first Chapter in Ireland recites That it was doubted amongst the Judges whether all the English Statutes though not naming Ireland were in force there if named no doubt From King Henry the 3d his time downwards to the Eighth year of Queen Elizabeth by which Statute it is made Felony to carry Sheep from Ireland beyond Seas in almost all these Kings Reigns there be Statutes made concerning Ireland The exercising of the Legislative Power there over their Lives and Estates is higher than of the Judicial in question until the 29th year of Edward the 3d erroneous Judgments given in Ireland were determinable no where but in England no not in the Parliament of Ireland as it appears in the close Rolls in the Tower in the 29th year of Edward the 3d. Memb. 12. Power to examine and reverse erroneous Judgments in the Parliaments of Ireland is granted from hence Writs of Error lye in the Parliament here upon erroneous Judgments after that time given in the Parliaments of Ireland as appears in the Parliament Rolls of the Eighth year of Henry the 6th N o 70. in the Case of the Prior of Lenthan It is true the Case is not determined there for it 's the last thing that came into the Parliament and could not be determined for want of time but no exception at all is taken to the Jurisdiction The Acts of Parliament made in Ireland have been confirmed in the Parliaments of England as appears by the close Rolls in the Tower in the Two and fortieth year of Edward the 3d. Memb. 20. Dorso where the Parliament in Ireland for the preservation of the Countrey from Irish who had almost destroyed it made an Act That all the Land-Owners that were English should reside upon their Lands or else they were to be forfeited this was here confirmed In the Parliament of the Fourth year of Henry the 5th Chap. 6. Acts of Parliament in Ireland are confirmed and some priviledges of the Peers in the Parliaments there are regulated Power to repeal Irish Statutes Power to confirm them cannot be by the Parliament here if it hath not cognizance of their Parliaments unless it be said that the Parliament may do it knows not what Garnsey and Jersey are under the Kings subjection but are not parcels of the Crown of England but of the Duchy of Normandy they are not governed by the Laws of England as Ireland is and yet Parliaments in England have usually held Plea of and determined all Causes concerning Lands or Goods In the Parliament in the 33 Edward 1. there be Placita de Insula Jersey And so in the Parliament 14 Edw. 2. and so for Normandy and Gascoigne and always as long as any part of
himself unready he said I thank God I am no more afraid of Death nor daunted with any discouragements arising from any fears but do as chearfully put off my Doublet at this time as ever I did when I went to Bed Then he put off his Doublet and wound up his Hair with his Hands and put on a white Cap. Then he called Where is the man that should do this last Office meaning the Executioner call him to me When he came and ask'd him forgiveness he told him he forgave him and all the World Then kneeling down by the Block he went to Prayer again himself the Bishop of Armagh kneeling on the one side and the Minister on the other to the which Minister after Prayer he turned himself and spoke some few words softly having his Hands lifted up the Minister closed his Hands with his then bowing himself to the Earth to lay down his Head on the Block he told the Executioner That he would first lay down his Head to try the fitness of the Block and take it up again before he laid it down for good and all and so he did and before he laid it down again he told the Executioner That he would give him warning when to strike by stretching forth his Hands and then laid down his Neck on the Block stretching out his Hands the Executioner struck off his Head at one blow then took the Head up in his Hand and shewed it to all the People and said God Save the King A Copy of the Paper containing the Heads of the Lord Strafford's last Speech written by his own Hand as it was left upon the Scaffold 1. I Come to pay the last Debt we owe to Sin 2. Rise to Righteousness 3. Dye willingly 4. Forgive all 5. Submit to what is Voted Justice but my intentions Innocent from Subverting c. 6. Wishing nothing more than great Prosperity to King and People 7. Acquit the King constrained 8. Beseech to Repent 9. Strange way to write the beginning of Reformation and Settlement of a Kingdom in Blood on themselves 10. Beseech that Demand may rest there 11. Call not Blood on themselves 12. Dye in the Faith of the Church 13. Pray for it and desire their Prayers with me His Body was afterwards Embalmed and Carried down into Yorkshire to be buried among his Ancestors Thus fell the Wonder of that Age and of all succeeding of whom I think a Greater Character cannot be given than those in short of the Archbishop of Canterbury who knew him best and the Primate of Ireland who saw him Dye The Archbishop discoursing with Dr. Whimberley concerning that Passage at their parting said That perhaps it was a softness unbecoming him but he hoped by Gods Assistance and his own Innocence that when he should come to his own Execution which he Expected the World should perceive that he had been more sensible of the Earl of Strafford's Loss than of his own and with good reason he said for that Gentleman was more Serviceable to the Church not to mention the State then either himself or all the Church-men of England had been And the Lord Primate of Ireland giving an account to the King of the manner of his Death told him That he had seen many Die but never saw so White a Soul return to its Maker At which Expression that Good and Compassionate Prince was so tenderly touched that turning himself aside he could not forbear paying the sad Tribute of some Tears to the Innocent Manes of the Illustrious Sufferer He left these Three Instructions to his Son in Writing First That he should continue still to be brought up under these Governors to whose Charge he had committed him as being the best he could chuse of all those within his Knowledg and that he should not change them unless they were weary of him that he should rather want himself than they should want any thing they could desire Secondly If his Prince should call him to Publique Service that he should carefully undertake it to testifie his Obedience and withal to be Faithful and Sincere to his Master though he should come to the same End that himself did Thirdly That he foresaw that Ruin was like to come upon the Revenues of the Church and that perhaps they might be shared among the Nobility and Gentry but charged him never to meddle with any of it for the Curse of God would follow all them that meddle with such a thing that tends to the destruction of the most Apostolical Church upon Earth Thus lay his Innocence asleep with his injured Ashes till together with Monarchy and Episcopacy it received a Resurrection at the Happy Restauration of his Most Serene Majestie King Charles the Second when by publique Act of Parliament publique Justice was done to his Memory and the Injustice of his Sufferings The Act was as follows WHereas Thomas late Earl of Strafford The Act for Reversing the Attainder of Thomas Earl of Strafford was impeached of High-Treason upon pretence of endeavouring to subvert the Fundamental Laws and called to a publick and solemn Arraignment and Tryal before the Peers in Parliament where he made a particular Defence to every Article objected against him insomuch that the turbulent party then seéing no hopes to effect their unjust Designs by any ordinary way and method of Proceedings did at last resolve to attempt the Destruction and Attainder of the said Earl by an Act of Parliament to be therefore purposely made to condemn him upon accumulative Treason none of the pretended crimes being Treason apart and so could not be in the whole if they had been proved as they were not and also adjudged him guilty of Constructive â—reason that is of Levying War against the King though it was only the Order of the Council-Board in Ireland to be executed by a Sergeant at Arms and three or four Soldiers which was the conuant practise of the Deputies there for a long time To the which end they having first presented a Bill for this intent to the House of Commons and finding there more opposition than they expected they caused a multitude of tumultuous persons to come down to Westminster armed with Swords and Staves and to fill both the Palace-yards and all the approaches to both Houses of Parliament with Fury and Clamor and to require Justice speedy Justice against the Earl of Strafford and having by those and other undue practises obtained that Bill to pass the House of Commons they caused the Names of those resolute Gentlemen who in a Caâ—e of innocent Blood had freely discharged their Consciences being Fifty nine to be posted up in several places about the Cities of London and Westminster and shied them Straffordians and Enemies to their Countrey hoping thereby to deliver them up to the fury of the People whom they had endeavoured to incense against them and then procured the said Bill to be sent up to the House of Peers where it having some
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
Captain Francis Gregory 's Company The Order was directed To all Mayors Justices of Peace Constables and all others His Majesties Officers to be Aiding and Assisting to the said James Watts with all convenient Expedition that may be afforded The like Orders of the same date was granted for taking up of 40 Men for Captain Peyton's Company by John Grey and John Tirrel For 40 Men for Lieutenant Colonel Corbet's Company by William Jenkins For 40 Men for Captain Honywood's Company by Robert Harding and Dymock Holby In the Commons House several Northern Petitions were this day presented for the Billet-Money which was engaged to be paid to the Inhabitants of those Counties where the Scots and English Armies were Quartered Whereupon Sir John Hotham Reported from the Committee appointed to Examine that matter the State of the Money and the Debt of the Kingdom by which it appeared as followeth  l. s. d. The first Two Subsidies 108672. 06. 00. The Third and Fourth Subsidies 96461. 19. 09.  205134. 05. 09. Paid out to divers Citizens of London 51507. 05. 08. To Sir John Harrison 51885. 16. 10. To Alderman Pennington 9972. 13. 10. To other Persons Members of the House 18497. 15. 08. To the Inhabitants of several Wards 45893. 13. 09. To Sir William Udal for the Army 9000. 00. 00.  186757. 05. 09. So rests of the Four Subsidies 18377. 00. 00. Of which paid for the Affairs of Ireland to be repaid out of the Citizens Loan-Money 12000. 00. 00. And to be repaid to Sir Robert Pye Sir Edw. Hales and others that lent it 2000. 00. 00. Remains 4377. 00. 00. Receipts of the Poll-money in general throughout the Kingdom 256720. 18. 02. Viz.    Poll-money paid at York 37371. 09. 10. Sir William Udal from the 7 Northern Counties 15450. 00. 00. Poll-money from Sir Rob. Pye and Mr. Wheeler 37415. 09. 02. Poll-money by the Treasurers 162195. 04. 07. In London 4288. 14. 07. Memorandum in Cash in the City of London 8 Dec. not paid to the Lenders 5596. 15. 11. Total Received upon the four first Subsidies 205134. 05. 09. Vpon the Poll-Bill 256720. 18. 02. The Composition of Old and New Customers 165000. 00. 00. Total 626855. 03. 11. Issued to Sir William Udal 339760. 00. 00. To the Scots 291361. 19. 04. To Sir John Mills for the Queen Mother 7000. 00. 00. To Colonel Goring 3000. 00. 00. To the Pay-Master at Berwick 29000. 00. 00. To the Pay-Master at Carlisle 10000. 00. 00. To Mr. Vassal for Ships to Holy-Island 170. 00. 00. To the Commissioners for the Poll-money 600. 00. 00. To the Committee in Scotland 1200. 00. 00. To O Connelly 500. 00. 00. To several Persons upon Orders 307. 09. 00. Total Issued 682899. 08 04. Total Received 626855. 03. 11. Remains in Debt 56044. 04. 05. Besides for Billet-money 64000. 00. 00. For Half Pay 26000. 00. 00. More for Billet 38000. 00. 00. Scots Arrears of Brotherly Assistance 220000. 00. 00. Peers to the City of London 56000. 00. 00. For Ireland to the City 56000. 00. 00. Total Debt 516044. 04. 05. Having thus helped to purge the Nation of some superfluous Money as appears by this Account which was in a manner wholly occasioned by the Invasion of their Reforming Brethren of Scotland they began now to think of Purging out the Loyal Members from their own House as well as the Bishops from the House of Lords And it was upon the Debate Resolved c. severally That Mr. Henry Wilmot Sir Hugh Pollard Wilmot Pollard and Ashburnham Voted guilty of Misprision of Treason and out of the House Mr. William Ashburnham and Sir John Berkley shall be accused of Misprision of Treason And it was Ordered That Mr. Wilmot who serves for Tamworth Sir Hugh Pollard Burgess for Belraston Devon Mr. William Ashburnham Burgess for Luggershall and Mr. Henry Piercy Knight of the Shire for Northumberland shall be disabled from Sitting as Members in the House of Commons and that Mr. Speaker direct his Warrants to the Clark of the Crown to issue out Writs for new Election of persons to serve in Parliament in their places It was also Ordered That Captain Legg shall be sent for by the Serjeant at Arms attending this House as a Delinquent There being this Day a Company of Watchmen Captain Legg sent for as a Delinquent Friday Decemb. 10. Parliament displeased at a Guard because not of their own appointment with Halberds about the Parliament Door It was moved that some of them might be called in to know who did command them to come and by what authority and to what purpose they come Hereupon two of the Constables were brought in and demanded the Reason why they came thither They said They came by virtue of a Warrant from the High Constable to be ready this Day to attend the Houses of Parliament because of a Riot is likely to be in Westminster Whereupon it was Ordered That the High Constable and the Vnder-Sheriff do attend this House presently In the Interim a Petition was delivered unto the House by the Lord Marquess of Hartford from the Loyal part of the Inhabitants of Somersetshire concerning the Government of the Church which was read presently in haec verba To the High and Honourable Court of Parliament now Sitting The Humble Petition and Remonstrance of the Knights Gentry Clergy Free-holders and Inhabitants of the County of Somerset Humbly Sheweth THat having with grief of Mind heard of sundry Petitions been Exhibited to this Right Honorable Assembly The Somerset-Shire Petition for Episcopacy and the Liturgy presented to the Lords by the Marquiss of Hertford Decemb. 10. 1641. by some of the Clergy and Laity about London and some Counties tending to the Subversion of the Church Government Established in this Kingdom We therefore tendring the Peace and Welfare of both do in all humbleness presume to make known our Opinions and Desires concerning the same Nothing doubting of the like good acceptance of our humble Petition and Remonstrance in this behalf being tendred with no less good Affection to the Peace and Happiness of the Church the Prosperity of his Sacred Majesty and this whole Kingdome For the present Government of the Church we are most Thankful to God belâ—eving it in our hearts to be the most Pious and the Wisest that any People or Kingdom upon Earth hath been blest withal since the Apostles dayes Though we may not deny but through the frailty of Men and Corruption of Times some things of ill Consequence and others needless are stollen or thrust into it which we heartily wish may be reformed and the Church restored to its former Purity And to the End it may be the better preserved from present and future Innovations we wish the wittingly and maliciously guilty of what Condition soever they be whether Bishops or other inferior Clergy may receive condign punishment But for the miscarriage of Governors to destroy the Government we trust it shall never
chosen the rather hereby to charge the said Luke Nettervile Blackney King and all the Persons there Assembled with them upon their duties of Allegiance to his Majesty immediately upon sight hereof to separate and not to unite any more in that manner without direction from us and that the said Netervile Blackney King and six others of the Principal Persons of those who are so Assembled at Swoords or thereabouts as aforesaid do appear before us to morrow morning at ten of the Clock to shew the cause of their Assembling in that manner whereof they may not fail at their extream Perils Given at his Majesties Castle of Dublin 9. Decemb. 1641. Ormond Ossery Rob. Dillon Cha. Lambart J. Temple Charles Coot But instead of Obedience to the Commands of their Lawful Superiors they returned this Answer That they were constrained to meet there together for the safety of their Lives That they were put into so great a Terror by the rising out of some Horse Troops and Foot Companies at Dublin who Killed four Catholicks for no other reason than that they bore the name of that Religion as they durst not stay in their Houses and therefore they resolved to continue together till they were assured by their Lordships of the safety of their Lives before they ran the hazard thereof by manifesting their due obedience to their Lordships And there they began to form a kind of an Army Constituting Richard Golding Thomas Russell Francis Russâ—ll Robert Travers Christopher Hollywood and others to be Captains over such Men as they had and intended to Raise Hereupon the Lords Justices and Council Published a Proclamation the 13th of December Declaring their Innocency and that those four they alledged were Killed as Papists one of which was a Protestant were such as were found actually Guilty of Rebellious Courses commanding them upon their Allegiance to his Majesty to separate upon sight of their Warrant and that the said Luke Netterville and his Accomplices should appear before the Board on the 18th of the said Month to the end they may be fully heard by the Lords Justices and Council to which end their Lordships thereby gave them and every of them the Word of the State that they might then securely and safely repair thither without danger of any trouble or stay whatsoever But they took little notice of these Commands or Promises but continued still at Swoords and their Numbers increasing they threatned to come and Incamp at Clantarfe a little Village Situate upon the very Harbor of Dublin where some of their Party had already at low Water Seized and Plundred a Barque lying there carrying a great part of the Goods they took from Aboard her to the dwelling House of Mr. King who was owner of that Village This insolent and daring Villany put the Board upon a very quick and severe Resolution fearing that if they should in good earnest Seize upon that Village and make any Fortifications there by the Assistance of the Rebels Ships at Wexford they might stop up the Haven of Dublin and prevent all Relief from coming to them from England which was the only Remainder of hopes which they had left And therefore the said King continuing in his Contumacy with the other Gentlemen at Swoords an Order of Councel was Issued to Prosecute the Rebels at Clantarf and their Relievers as follows By the Lords Justices and Council William Parsons John Borlase FOrasmuch as divers of the Inhabitants of Clantarfe Order of the Lords Justices and Council for prosecuting the Rebels at Clantarf c. 14th Dec. 1641. Raheny and Kilbarrock have declared themselves Rebels and having Robbed and Spoiled some of his Majesties good Subjects are now assembled thereabouts in Arms in great Numbers Mustering and Training of their Rebellious Multitudes to the Terror and Danger of his Majesties good Subjects as well at Land as at Sea which their boldness is acted in such a manner as to put scorns and Affronts upon this State and Government they acting such Depredations even before our Faces and in our own View as it were in despight of us It is therefore Ordered that our very good Lord the Earl of Ormond and Ossery Lieutenant General of the Army do forthwith send out a Party of Souldiers of Horse and Foot to fall upon those Rebels at Clantarfe and thereabout who in such disdainful manner stand to out-face and dare us and to endeavour to cut them off as well for Punishment of them as Terror to others and to Burn and Spoyl the Rebels Houses and Goods and to prevent their further annoying of the Shipping going out and coming in and lying in Harbour those Souldiers are to bring up or cause to be brought up to the new Crane at Dublin such of the Boats and Vessels now lying there as they can upon the sudden and to Burn Spoyl Sink and make unserviceable the rest Given at his Majesties Castle of Dublin 14th December 1641. Ormond Ossery Rob. Dillon Cha. Lambart Ad. Loftus J. Temple Cha. Coote Fr. Willoughby Also the same day an Order was Issued from the Board for Prosecuting the Rebels at Swoords as followeth By the Lords Justices and Council William Parsons John Borlase WHereas divers Rebels lately Assembled at Swoords and other Places An Order of the Lords Justices Council for prosecuting the Rebels and their Relievers at Swoords Dec. 14th 1641. where they continued in Warlike manner braving this State and Robing and Spoyling his Majesties Good Subjects thereabouts in Scorn and Contempt of this Government and Terror of his Majesties well affected Subjects thereabouts And whereas those Rebels have been harboured and relieved by the Inhabitants of Swoords and other Places who have shewed so much readiness to comply with them and good affection towards them as they did not in all the time they continued there send us any Advertisement thereof or of the Number or Strength of the Rebels whereby we might take a course to Vindicate his Majesties Honour in this State and Government from the Scorn and Affront of the Rebels and render deliverance and safety to his Majesties good Subjects It is therefore Ordered That our very good Lord the Earl of Ormond and Ossery Lieutenant General of his Majesties Army do forthwith send out a Party of his Majesties Forces Horse and Foot to fall upon those Rebels and their said Relievers and Harbourers and to cut them off and as well for Punishment of those their Relievers as for Terror to others to Burn Spoyl and Destroy the Houses Corn and all other Goods of the said Relievers at Swoords or other Places where the Rebels have been or are Relieved Given at his Majesties Castle of Dublin the 20th day of December 1641. Ormond Ossery Cha. Lambart Ad. Loftus Jo. Temple Cha. Coote Fr. Willoughby Ja. Ware Rob. Meredith And accordingly the next day Sir Charles Coot with a Commanded Party went to Clantarfe and set the Village on Fire Burning their Boats and Houses so that they
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