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A37777 The declaration or remonstrance of the Lords and Commons in Parliament assembled with divers depositions and letters thereunto annexed.; Remonstrance of the state of the kingdome, agreed on by the Lords and Commons assembled in Parliament, May 19, 1642 England and Wales. Parliament.; Astley, Jacob Astley, Baron, 1579-1652.; Ballard, Thomas, Lieutenant Colonel to the Lord Grandison.; Chudleigh, James, d. 1643.; Conyers, John, Sir.; Goring, George Goring, Baron, 1608-1657.; Hunks, Fulk, Sir.; Lanyon, John.; Legge,William, 1609?-1670.; O'Connolly, Owen.; Percy, Henry, Baron Percy of Alnwick, d. 1659.; Vavasour, William, Sir, d. 1659. 1642 (1642) Wing E1517; ESTC R3809 41,214 58

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absolved from the secrecy enjoyned by this Oath by any other Oath which should be afterwards taken by them They having taken the Oath Mr Peircy declared That they were were resolved not to admit of any body else into their Councells And Mr Jermyn and this Examinate moved that Sir John Suckling might be received amongst them which being opposed by the rest after some debate it was laid aside And some speech there was of Sir Iohn Suckling his being employed in the Army but how it was agreed upon this Examinate doth not remember After this Mr Piercy made his Propositions which he read out of a paper which were to this effect That the Army should presently be put into a posture to serve the King and then should send up a Declaration to the Parliament of these particulars viz. That nothing should be done in Parliament contrary to any former Act of Parliament which was explayned That Bishops should be maintained in their Votes and Functions And the Kings Revenue be established From these Propositions none of Mr Percyes Company did declare themselves to dissent Then came into consideration if the Army should not immediately be brought to London which as this Examinate remembers was first propounded by Mr Jermyn and also the making sure of the Tower These things this Examinate did urge to shew the vanity and danger of the other Propositions without undertaking this In the conclusion this Examinate did protest against his having any thing to do in either designe for the proof of which he appeals to the consciences of them that were present and so parted with them About this businesse this Examinate saith That they had two meetings and cannot distinguish what passed at the one and what at the other but the result of all was as he formerly declared further then which he cannot depose To the fourth Int. He can say no more then he hath already said To the fifth Int. He saith That the very day that Sir Iohn Suckling first moved this unto him he gave some touch of it to my Lord Dungarvan and the day after his second meeting at Mr Peircyes Chamber he discovered it to my Lord of Newport and defined him to bring him to some other Lords such as might be likeliest to prevent all mischief And accordingly the next day my Lord of Newport brought him to my Lord of Bedford my Lord Say and my Lord Mandevill to whom he imparted the main of the businesse but not the particulars in regard of his Oath and desired them to make use of it as they should see cause for the safety of the Common-wealth but not to produce him nor name any person except there were a necessity for it He further saith That he did at the same time make a Protestation unto those Lords of his fidelity unto the Common-wealth and of his readinesse to run all hazards for it George Goring Master PERCIES LETTER written to the Earle of NORTHUMBERLAND Iune 14th 1641. WHat with my own innocency and the violence I heare is against me I finde my selfe much distracted I will not ask your councell because it may bring prejudice upon you but I will with all faithfulnesse and truth tell you what my part hath been that at least I may be cleered by you whatsoever becomes of me When there was 50000 pound designed by the Parliament for the English Army there was as I take it a sudden demand made by the Scots at the same time of 25000 pound of which there was but 15000 pound ready this they pressed with so much necessity as the Parliament after an Order made did think it fit for them to deduct 10000 pound out of the fifty formerly granted upon which the souldiers in our house were more scandalized amongst which I was one and sitting by Wilmott and Ashburnham Wilmott stood up and told them if such papers as that of the Scots would procure monies he doubted not but the Officers of the English Army might easily do the like but the first order was reversed notwithstanding and the 10000 pound give to the Scots this was the cause of many discourses of dislike amongst us and came to this purpose that they were disobliged by the Parliament and not by the King this being said often one to another we did resolve that is Wilmott Ashburnham Pollard Oneale and my selfe to make some expression of serving the King in all things he would command us that were honourable for him and us being likewise agreeable to the fundamentall lawes of the kingdome that so farre we should live and dye with him This was agreed upon by us not having any communication with others that I am coupled now withall and further by their joynt consent I was to tell his Majesty thus much from them but withall I was to order the matter so as that the King might apprehend this as a great service done unto him at this time when his affaires were in so ill a condition and they were most confident that they could ingage the whole Army thus farre but farther they would undertake nothing because they would neither infringe the liberties of the Subject or destroy the Lawes to which I and every one consented and having their sence I drew the Heads up in a paper to which they all approved when I read it and then we did by an oath promise to one another to be constant and secret in all this and did all of us take that oath together Well Sirs I must now be informed what your particular desires are that so I may be the better able to serve you which they were pleased to do and I did very faithfully serve them therein as farre as I could this is the truth and all the truth upon my soule In particular discourses after that we did fall upon the petitioning the King and Parliament for money there being so great arreares due to us and so much delayes made in the procuring of them but that was never done The preserving of Bishops functions and votes The not disbanding of the Irish Army untill the Scots were disbanded too The endeavouring to settle his revenew to that proportion it was formerly and it was resolved by us all if the King should require our assistance in these things that as farre as we could we might contribute thereunto without breaking the Lawes of the kingdome and in case the King should deny these things being put to them we would not fire from him All these persons did act and concurre in this as well as I. This being all imparted to the King by me from them I perceived he had been treated with by others concerning something of our Army which did not agree with what we proposed but enclined a way more high and sharpe not having limits either of Honour or Law I told the King he might be pleased to consider with himselfe which way it was fit for him to hearken unto For us we were resolved not to depart from our
will make the Law the Rule of his Power and if the question be whether that bee Law which the Lords and Commons have once declared to be so who shall be the Iudge Not his Maiesty for the King iudgeth not of matters of Law but by his Courts and his Courts though sitting by his authority expect not his Assent in matters of Law not any other Courts for they cannot Iudge in that case because they are Inferiour no appeale lying to them from Parliament the Iudgement whereof is in the eye of the Law the Kings Iudgement in his highest Court though the King in his person be neither present nor assenting thereunto The Votes at which his Maiesty takes exceptions are these I. That the Kings absence so far remote from the Parliament is not onely an obstruction but may be a destruction to the Affairs of Ireland II. That when the Lords and Commons shall declare what the Law of the Land is to have this not onely questioned and controverted but contradicted and a command that it should not be obeyed is a high breach of the priviledge of Parliament III. That those persons that advised his Maiesty to absent himselfe from the Parliament are enemies to the Peace of the Kingdome and iustly may be suspected to be favourers of the Rebellion in Ireland That the Kingdome hath bin of late and still is in so eminent danger both from enemies abroad and a Popish and discontented partie at home that there is an urgent and inevitable necessity of putting his Maiesties subiects into a posture of defence for the safeguard both of his Maiesty and his people That the Lords and Commons fully apprehending this danger and being sensible of their owne duty to provide a sutable prevention have in severall Petitions addressed themselves to his Maiesty for the ordering and disposing the Mi●itia of the Kingdome in such a way as was agreed upon by the wisedome 〈…〉 House to be most effectuall and proper for the present exigents of the Kingdome yet could not obtaine it but his Maiestie did severall times refuse to give his Royall Assent thereunto That in this case of extreame danger and his Maiesties refusall the Ordinance of Parliament agreed upon by both Houses for the Militia doth obliege the people and ought to be obeyed ny the fundamentall Lawes of this Kingdome By all which it doth appeare that there is no Colour of this Ta● that we goe about to introduce a new Law much lesse to exercise an arbitrary power but indeed to prevent it for this Law is as old as the Kingdome That the Kingdome must not be without a mean●s to preserve it selfe which that it may be done without confusion this Nation hath intrusted certaine hands with a Power to provide in an orderly and regular way for the good and safety of the whole which power by the Constitution of this Kingdome is in his Maiesty and in his Parliament together yet since the Prince being but one person is more subiect to a●cidents of nature and chance whereby the Common-Wealth may b●e deprived of the fruit of that trust which was in part reposed in him in cases of such necessity that the Kingdome may not bee inforced presently to returne to its first principle and every man left to do what i● aright in his own eye without either guide or rule The Wis●dome of this State hath intrusted the Houses of Parliament with a power to supply what shall be wanting on the part of the Prince as is evident by the constant custome and practice thereof in cases of nonage naturall disability and captivity and the like reason doth and must hold for the exercise of the same power in such cases where the Royall trust cannot be or is not discharged and that the Kingdome runs an evident and imminent danger therby which danger having beene declared by the Lords and Commons in Parliament there needs not the authority of any person or Court to affirme nor is it in the power of any person or Court to revoke that judgement We know the King hath wayes enough in his ordinary Courts of justice to punish such seditious Pamphlets and Sermons as are any way prejudiciall to his Rights Honour authority and if any of them have beene so insolently violated and vilified his Majesties owne Councell and Officers have been too blame and not the Parliament we never did restraine any proceedings of that kind in other Courts nor refuse any fit complaint to us The Protestation Protested was referred by the Commons House to a Committee and the Author being not produced the Printer committed to prison and the Booke voted by that Committee to be burnt but Sir Edward Dcering who was to make that report of the Votes of that Committee neglected to make it The Apprentizes Protestation was never complained of but the other seditious Pamphlet To your Tents oh Israel was once questioned and the full prosecution of it was not interrupted by any fault of either House whose forwardnesse to doe his Majesty all right therein may plainely appeare in that a Committee of Lords and Commons was purposely appoynted to take such informations as the Kings Councell should present concerning seditious words practises or tumults Pamphelets or Sermons tending to the derogation of his Majesties Rights or Prerogative and his Councell were enjoyned by that Committee to enquire and present them who severall times met thereupon and received this Answer and Declaration from the Kings Councell that they knew of no such thing as yet If his Majesty had used the service of such a one in penning this Answer who understood the Lawes and government of this Kingdome hee would not have thought it legally in his power to deny his Parliament a guard when they stood in need of it since everie ordinary Court hath it neither would his Majestie if he had beene well informed of the Lawes have refused a guard as they desired it being in the power of inferior Courts to command their owne guard neither would he have imposed upon them such a guard under a Commander which they could not confide in which is clearely against the Priviledges of Parliament and of which they found very dangerous effects and therefore desired to have it discharged But such a guard and so commanded as the Houses of Parliament desired they could never obtain of his Majestie and the placing of a guard about them contrary to their desire was not to grant a guard to them but in effect to set one upon them All which considered we beleeve in the judgements of any indifferent persons it will not be thought strange if there were a more then ordinarie resort of people at Westminster of such as came willingly of their own accord to be witnesses and helpers of the safetie of them whom all his Majesties good subjects are bound to defend from violence and danger or that such a concourse as this they carrying themselves quietly and peaceably as they did
grounds and if he imployed others we should not be displeased whosoever they were but the particulars of their designe or the persons we desired not to know though it was no hard matter to guesse at them in the end I believe the dangers of the one and the justice of the other made the King tell me he would leave all thoughts of other propositions but ours as things not practicable but desired notwithstanding that Goring and ●ermine who were acquainted with the other proceedings should be admitted amongst us I told him I thought the other Gentlemen would never consent to it but I would propose it which I did and we were all much against it but the King did presse it so much as at the last it was consented unto and Goring and jermine came to my chamber there I was appointed to tell them after they had sworne to secrecy what we had proposed which I did but before I go on to the debate of the wayes I must tell you Mr. Jermine and Goring were very earnest Suckling should be admitted which we did all decline and I was desired by all our men to be resolute in it which I was and gave many reasons whereupon I remember M. Goring made answer he was so ingaged with Suckling he could not go or do any thing without him Yet in the end so that we would not oppose Suckling his being imployed in the Army that for his meeting with us they were contented to passe it by Then we took up againe the wayes were proposed which took a great debate and theirs 〈…〉 will say differed from ours in violence and height which we all protested against and parted disagreeing totally yet remitting it to be spoken of by me and Jermine to the King which we both did And the King constant to his former resolution told him that all those wayes were vaine and foolish and would think of them no more I omitted one thing of M. Goring he desired to know how the chiefe Commanders were to be disposed of for if he had not a condition worthy of him he would not go along with us we made answer that no body had thought of that we intending if we were sent downe to go all in the same capacity we were in he did not like that by no means and upon that did work so by M. Chidley that there was a Letter sent by some of the Commanders to make him Lievtenant Generall and when he had ordered this matter at London and M. Chidley had his instructions then did he go to Portsmouth pretending to be absent when this was a working we all desired my Lord of Essex or my Lord of Holland and they if there were a Generall Newcastle They were pleased to give out a report I should be Generall of the Horse but I protest neither to the King or any else did I ever so much as think of it my Lord of Holland was made Generall and so all things were laid aside and this is the truth and all the truth I know of all these proceedings and this I do and will protest upon my faith and Wilmote Ashburnham and Oneale have at severall times confessed and sworne I never said any thing in this businesse they did not every one agree unto and would justifie This relation I send you rather to informe you of the truth of the matter that you may know the better how to do me good But I should thinke my selfe very unhappy to be made a betrayer of any body what concerned the Tower or any thing else I never medled withall nor never spoke with Goring but that night before them all and I said nothing but what was consented unto by all my party I never spoke one word to Suckling Carnarvan Davenant or other creature me thinkes if my friends and kindred knew the truth and justice of this matter it were no hard matter to serve mee in some measure Die Martis 10. Maii 1640. The Examination of Captain James Chudleigh To the first Interogatory and to the second THis Deponent saith That about March and April last he was at Burrowbrig where divers Officers and Commanders of the Army met to whom he used some speeches concerning the Parliament that he saw no pr 〈…〉 lity that the Army would be suddenly paid by the Parliament because they had promised so much to the King and to the Scots as well as to the Army but that the King did commiserate their case and said That if they would be faithfull to him he would pawn his Iewels rather then they should be unpaid and saith further That he knows of such a Letter sent by the Army to my Lord of Northumberland to be shewed to the Parliament and that he told them at that meeting that the Parl was much displeased with that Letter and that those who had subscribed it should be sent for up particularly that my Lord of Essex and my Lord of Newport had expressed much dislike of that Letter and of them who had sent it and said that they had forfeited their necks which he had from Sir Iohn Suckling Master Davenant and as he conceives from Sergeant Major Willis And this he declared to those Officers as giving them an account of his journey and the service in which they had imployed him To the third Interogatory He saith he hath answered before To the fourth Interogatory That Sergeant Major Willis told him upon the way as they were in their journey down into the North that Colonell Goring was a brave Gentleman and fit to command the Army and that the King had a good inclination to him that he should be Lieutenant Generall and saith further that before he came out of London Sir Iohn Suckling had likewise highly commended him and said he was fitter to command in chief then any man he knew and that the Army was not now considerable being without a head and indeed was but a party Colonell Goring being away who commanded a Brigado and that they did undiscreetly to shew their teeth except they could bite which the said Sir Iohn Suckling wished him to declare unto the Army saying He could not do a better service to the Officers who had imployed him then to let them know it wherupon he did acquaint them with it accordingly To the fifth Interogatory That Sir Iohn Suckling brought him into some-room of the Queens side at White Hall where Master Iermyn and he had private conference together and oftentimes looked towards this Deponent Sir Iohn Suckling afterwards told him that the King would be well pleased if the Army would receive Colonell Goring to be their Lieutenant Generall and said that Master Henry lermyn said so To the sixth Interogatory That Master Davenant told him that things were not here as they were apprehended in the Army for that the Parliament was so well affected to the Scots as that there was no likelyhood the Army should have satisfaction so soon as they expected it
To the seventh Interogatory That when he brought the Letter from the Army he met vvith Master Davenant vvho told him it vvas a matter of greater consequence then he imagined and thereupon brought him to Master Henry Iermyn and Master Iermyn told him he heard he brought such a Letter and asked to see a copy of it vvhich this Deponent did shevv unto him and Master Iermyn asked if he might not shevv it to the Queen and offered to bring this Deponent to her vvhich he excused himself of lest he should have anticipated my Lord Generall from shevving the Letter first himself To the eighth Interogatory That after he had brought up that Letter he staid some 8 or 9 dayes in London before he returned dovvn to the Army To the ninth Interogatory That Sergeant Major VVillis told him most of the noble Gentlemen in England would shevv themselves for the Army And that the French that vvere about London vvould receive Commanders from them to joyn vvith them And besides that there vvould a thousand horse likevvise be raised to come to their assistance vvhich horse at last he confessed vvere to be found by the Clergy To the tenth Interogatory That Sergeant Major Willis said moreover that the Army vvould be very vvell kept together for that the Prince vvas to be brought thither vvhich vvould confirm their affections vvhich this Deponent did declare at Burrovvbrig unto the Officers and doth beleeve Willis did the like and V 〈…〉 llis told them also that if my Lord of Nevvcastle vvas their Generall he vvould feast them in Nottinghamshire and vvould not use them roughly but that they should be governed by a Councell of vvar To the eleventh Inter That both Serjeant Major Willis and this Deponent did perswade the Officers at that meeting to write a Letter to Colonell Goring which was to let him know that they would heartily embrace him to be their Lievtenant Generall if it was his Majesties pleasure to send him downe which Letter was subscribed by Colonell Fielding and Colonell Vavasour and divers others and was by him brought to London upon Monday where not finding Colonell Goring ●he delivered it to Sir Iohn Sucklin who carried it to the King and afterwards brought him to kisse the King and Queenes hand and within a day or two returned the Letter to him againe which Letter this Deponent the Saturday after carried downe himselfe to Colonell Goring to Portsmouth To the 12 Inter That there was likewise a Letter written to Mr. Endimion Porter assigned by Colonell William Vavasour and Colonell Fielding which was to this effect to desire him to informe his Majestie that the Army was very faithfull to him and no doubt need be made by his Majestie concerning their proceedings This Letter Sir Iohn Sucklin would not have to be delivered but took it himselfe for that he said Mr. Porter knew nothing of the Kings intentions To the 14 Inter That when he came to Portsmouth Colonell Goring shewed him the strength of that place and told him that if there should bee any mutiny in London the Queene meant to come downe thither for her safetie and that she had sent him downe money to fortifie it To the 15 Inter That what he learned from Serjeant Major Willis he got from him by degrees as he urged it from him by way of discourse and that Willis Sir Iohn Sucklin and Mr. Davenant did all of them give him great charge to keep things secret and to be very carefull to whom he communicated any thing which he accordingly observed for he dealt with the Officers there severally Iames Chudleigh This Examination taken in the presence of Vs Essex P. Howard Warwick W. Howard Die Martis 18 Maii. The second Examination of Cap. Chudleigh To the 31. THat at the meeting at Burrowbrig he declared unto the Officers some thing out of a paper which he read and told them that hee had received it from Mr. Iermyn and that Mr. Iermyn had received it from the King And hee said likewise that some others about the King were acquainted with it and named Mr. Endiuion Porter to whom he thought the King had declared in this business● To the 34. That Mr. Iermyn asked him if hee thought the Army would stick to their Officers in case the King and Parliament should not agree or words to that effect He saith further that he had set downe all those things in writing which hee declared to the Officers at Burrowbrig and thought to have sent it downe to them but upon better consideration hee went himselfe and read it to them out of that paper but severally and not to them all together And particularly that he read it to Lievtenant Colonell Ballard and to Lievtenant Colonall Lunsford That he did not acquaint them all with it and the reason why he did not was because he conceived some were of more judgement than others and fitter to be trusted with matters of secrecie Iames Chudleigh Essex W. Say and Seale Warwick Howard The Examination of Thomas Ballard Lievtenant Colonell to the Lord Grandison taken May 18. 1641. To the 19. THat he did meet at Burrowbridge being sent to by Captain Chidley and none other but he found there Serjeant Major Willis and divers other Officers of the Army this was sometime in Aprill last as he remembreth That Mr. Chidley did propound to him certaine propositions which as he affirmed hee did receive from Mr. Henry Iermyn and from another great man which he might not name Captaine Chidley further said that M. Iermyn told him that he received those propositions from the King But Chidley told him further that when he kissed the Kings hand his Majestie said nothing to him of any such propositions The first proposition was That he should not acquaint either Sir Iacob Ashely or Sir Iohn Conyers with any thing of this designe The second that if there were occasion the Army should remove their Quarters into Nottingham-shire where the Prince and the Earle of New-Castle should meet them with a thousand Horse and all the French that were in London should bee mounted and likewise meet them These propositions were read by Captaine Chidley out of a paper which hee said he had written himselfe thinking to have sent them downe but upon better consideration hee brought them downe himselfe That they likewise should desire that Colonell Gering should be the Lievtenant-Generall to the Army There was likewise offered a Paper to this effect as hee was then told That if the King would send Colonell Goring to be Lievtenant-Generall they would accept of him which Paper he this Examinant refused to read or to set his hand to it but heard that divers others signed it He further saith that there was no other Paper propounded to him to be signed nor to any other to his knowledge Hee further saith that this was not delivered to the Officers in publique but severally He likewise saith That presently after Colonell Vavasour said publikely
that hee never consented to these propositions in his heart and desired that there might be a meeting immediately whereupon they agreed upon a meeting at York the Wednesday following at which meeting they generally concluded not to interesse themselves in any of those designes that had been propounded to them by Captaine Chidley and they presently writ by the Post to Captaine Chidley to London that if hee had not delivered the Paper he should forbeare to deliver it Thomas Ballard The Examination of Captaine Legg taken May the 18. 1641. To the 19 Inter HE saith That hee heard of a meeting at Burro wbridge but was not there present but was present at another meeting at York not long after where he was told that the King was not well satisfied with the affections of the Officers to his service and therefore it was thought fit to make a Declaration of their readinesse to serve his Majestie which declaration was accordingly drawne but not finding any great cause for it it was after torne Hee further saith That the night before the meeting at Burrowbridge hee spoke with Captaine Chidley at York who perswaded him to goe to Burrowbridge where he had propositions to impart to the Army but this Examinate refusing to goe hee would not acquaint him with them at that time but told them that divers Lords and Officers of the Army were fallen off from the King naming the Fatle of Essex the Earle of Newport Commiss●ry Wilm●tt Colonell Ashburnham and others which this Examinate so much disliked that they sorbore any further discourse Will. Legg The Examination of Colonell Vavasour taken the 29 of May 1641. THat at the mee●ing at Burrowbridge Serjeant Major Willis and Captaine Chidley of one of them told the Officers there that the Parliament had taken great offence at the Letter which they had written up to my Lord of Northumber and and that those who had subscribed it should be questioned and that there was small hopes of money from the Parliament for the present That the King would take it very well if he might receive assurance from them that they would accept of Colonell Goring for their Lievtenant Generall and wished that the Army were united When the King had this assurance from them there should come a Generall that would bring them money this they said they had good Commission to deliver unto them having receiued it from Mr. Herry Iermyn and Sir Iohn Sucklin hee likewise saith Captaine Chidley spake it with more confidence and Sergeant Major Willis rather as having heard it from others he further saith there was a Letter written to Colonell Goring for to let him know if the King would send him downe with a Commission to be Lieutenant Generall they would willingly receive him and this Letter was proposed unto them by Captaine Chidley and Serjeant Major Willis There was another letter written to Mr. Endimion Porter which as he remembers was to let him know that though the Army was now commanded by Sir Iacob Ashley yet if that it were his Majesties pleasure to appoint Colonell Goring to bee Lieutenant Generall they were confident the Army would receive him the better being only subscribed by Colonell Fielding and himselfe And further sayeth that he heares this Letter was never delivered for that Sir Iohn Suckling told Master Chidley that Master Porter was a stranger to the businesse Colonell Vavasor This Examination taken afore Vs Mandevile Howard Ph. Wharton Charles R. COlonell Goring these are to command you to provide with all speed a ship for this Bearer to carry him to Dieye or Calais or any other Port of France that the winde may be good for and if there be any of my ships or Pinnances ready to goe sorth you shall command the Captain or Master of such ship or Pinnace to receive him and his servants and carry him into France for which this shall bee a warrant to the Captain or Master you may imploy and hereof you nor they are not to faile as you or they will answer the contrary at your perills Given at White-Hall this 14. of May 1641. To our Trusty and Well-beloved Servant George Goring Governour of Portsmouth The Examination of Captaine William Legg taken upon Oath before the Lords Committees upon Saturday the 30. of October 1641. To the first Interrg SAith That hee doth know Master Daniel Oneale who was Serjeant Major to Sir Iohn Conniers doth not certainely remember the precise time going from the Army to London nor of his return back but beleeves he returned about Iune and Iuly To the ninth That hee was at Yorke when the said Master Oneale returned thither from London and can say no more to this ninth Interrg To the tenth That there was a Petition prepared to bee delivered to the parliament from the Army which consisted of many particulars as to shew how much they suffered for want of Martiall Law and for want of pay and because their principall Officers were not amongst them ánd they did likewise set forth in it That as the wisedome of the King did cooperate with the Parliament So they did hope the Parliament would doe something concerning the Kings Revenue but saith he doth not remember what the particular was which was desired and further that they heard of great tumults about London and therefore offered themselves to serve the King and Parliament with the last drop of their bloods He saith that this Petition was approved of by all the Officers that saw it but was laid aside till further consideration should be had of the manner of the delivery That himselfe was afterwards sent for to London by order of the house of Commons and was examined and after his examination when hee saw there was no further use to bee made of that Petition hee burnt it Hee farther saith That he staid in this Towne some five or sixe dayes and was with the King and had some speech with His Majesty about a Petition to come from the Army and gave him an accompt of the Petition that was formerly burnt and there he received another Petition to the same effect with the other but bandso●lier written upon which there was a direction indorsed to this purpose This Petition will not offend yet let it not be shewn to any but Sir Iacob Ashley He farther saith there was no name to this direction but only two L●●ters but what those Letters were he will not say nor cannot swear who writ those two Letters because hee did not see them written He saith he did deliver the same paper with the directions to Sir Iacob Ashley and told him withall here is a paper with a direction you know the hand keepe it secret I have shewed it to no body if there be no occasion to use it you may burne it and saith hee spake no more of it to him till after my Lord of Hollands comming downe to be Generall and then he spake to him to burne it William Legg The
Examination of Sir Iacob Ashley taken before the Lords Committees this twenty ninth of October 1641 To the first interog. HEe saith that he hath known Serjeant Major Daniel Oneal very long and that he was long absent from the Army the last Sommer but knows not at what time he did returne nor knows not how long it was that he stayed in the Army before his going into the Low Countries but thinks it to be about three weeks To the second interog. He saith that Mr. Oneale told him after his comming downe last that things being not so well betwixt the King and Parliament hee thought a Petition from the Army might doe very much good and asked him if a draught of such a Petition were brought unto him whether he would set his hand unto it the particulars which he desired to have the Army received in were the want of Martiall Law want of pay and for words spoken in the House of Parliament against the Army as that the City was disaffected to the Kings Army and would rather pay the Scots then them To the third Inter He cannot answer To the fourth Inter He cannot answer To the fifth Inter He saith that hee received a Letter by the hands of Captaine Legg the tenour whereof as far as remembers was to this effect the Letter beeing written in two sides of paper and somewhat more first that divers things were pressed by parties to insafe into the Parliament things to the Kings disadvantage and that divers tumults and disorders were neere the parliament to the disservice of the King divers other particulars were contained in this Letter and in the close of this Letter it was recommended to this Examinat that he should get the hands of the Officers of the Army to such a declarat on to be sent to the Parliament and that this would bee acceptable to the King Hee further saith hee knowes not of whose hand writing it was nor who delivered it to Captaine Legg To the 7. Inter He saith that Mr. Oneal telling him of the dislikes which were between the King and the Parliament and of those things which were done to the disadvantage of the King they must fight with the Scots first and beate them before they could move Southward and that done they must spoyle the Countrey all along as they goe and when they doe come to London they would finde resistance by the Parliament and the Scots might rallie and follow them to which Oneale replyed what if these Scots could bee made neutrall This Examinat then said that the Scots would lay him by the heels if he should come to move such a thing for that they would never breake with the Parliament Presently replyed I wondred that Counsells should be so laid as had been spoken of of the marching of the Army to the South 8. Inter D. Hee further sayes that there was at the end of the Letter a direction to this effect Captaine or Willam Legg I command you that you shew this Letter to none but Iacob Ashley above this direction were set these two Letters C. R. Iacob Ashley The Examination of Sir Iohn Coniers taken upon Oath before the Lords Committees upon Friday the 29. of October 1641. TO the first interog. He saith that he knowes very well Master Daniel O-Neale who was Serjeant Major to his Regiment that the said O-Neale came up to London about November last and returned to the Army about Midsummer To the second That O-Neale after his return to the Army in Summer spake twice unto this Examinant of a Petition to be sent from the Army to the Parliament and told him that because they did not know if himselfe would consent unto it they would first petition him that he would approve of it but that as yet there were but few hands to that Petition which was to be preferred to him and therefore would not shew it him To the fourth That the said O-Neale used perswasions to this Examinant that hee would serve the King that if he did not he should bee left alone and would but ruine himselfe for that all the Troups under him were that way enclined That therefore he should adhere to the King and goe those wayes that the King would have him or words to that effect To the fifth That he saw a paper containing some directions for a Declaration to be subscribed unto by the Officers of the Army which paper was in Sir Jacob Ashleys hand he saith it was long containing two sides of a sheet of paper or thereabout the effect whereof was something concerning Martiall Law and better payment for the Army together with some other particulars that it was to be directed to the Parliment and that there were two Letters viz. C. R. at the end That hee doth not know who brought it unto Sir Iacob Ashley but that both of them were very much troubled at it He saith further that there was a direction at the end of the writing that no body should see it but Sir Iacob Ashley and the two letters C. R. were as hee remembers to that direction but whether before or after that direction hee cannot affirme To the seventh That he never heard Master O-Neale himselfe speak of his going to New-castle but that he heard it from others and as hee takes it from his wife the Lady Coniers and that whosoever it was that told him so told him withall that O-Neale himselfe said so Io. Coniers The second examination of Sir Iohn Coniers taken before the Lords Committees upon Saturday the 30. of October TO the fourth inter That Master O-Neal said to him that if he this Examinant had been well known to the King the King would have written to him and therefore he conceived this Examinant should doe well to write unto the King to which he replyed That he could not serve the King in that point and therefore he thought it would be of no use to trouble the King with his letters To the fifth That the paper mentioned in his former examination to have beene secne by him in Sir Iacobs Ashleys hand contained directions for a Petition to be presented to the King and Parliament In which was a clause to this effect That whereas all men ought to give God thanks for putting it into the Kings heart to condiscend to the desires of the Parliament not only to deliver up unto them many of his servants and others who were neere unto him to bee at their disposing but also to doe many things which none of his Ancestors would have consented unto as giving way to the Triannuall Parliament and granting many other things for the good of his Subjects yet not withstanding some turbulent spirits backt by rude and tumultuous mechanick persons seemed not to be satisfied but would have the totall subversion of the government of the State that therefore the Army which was so orderly governed not withstanding they had no martiall Law and ill payment and but few Officers being
of so good comportment might be called up to attend the person of the King and Parliament for their security This Examinant further saith that there were many other passages in this Petition which he doth not now remember only that there was some expression of a desire that both Armies should bee disbanded for the case of the Kingdome and likewise a direction to procure as many of the Officers hands as could be gotten To the seventh That he remembers wel it was not his wife but Sir Iacob Ashley that said to him those words O. Neal goes or else O-Neal saith he wil go to New-Castle but which of the sayings it was he doth not wel remember but saith he replied to it that O-Neal said nothing to him of that This Examinant further saith that he took occasion upon these passages from O-Neal to command him and Sir Iohn Bartler and all the other Officers to repaire to their Quarters to be ready to perfect their accounts with the Country against the time they should be called for Io. Comers The Examination of Sir Foulke Huneks taken before the Lords Committees upon Friday Octob. 29. 1641. TO the first Interrog he saith that he doth well know Master Daniel O-Neale who was Serjeant Major to Sir John Ceniers That hee went from the Army to London about the time that the King came out of the North to the Parliament and that he returned again to the Army about that time when Commissary Wilmot and the other Souldiers were committed by the Parliament To the second That the said O-Neale perswaded him this Examinant to take part with the King or something to that purpose and that thereupon this Examinant acquainted the Lievtenant Generall with it and presently repaired to his own Quarter to keep the Souldiers in order where he staid not above two or three dayes till he heard that O-Neal was fled He further saith that O. Neale dealt with him to have the troops move To which he replyed that he had received no such direction from his Superiours nor from the King And that then he offered him a paper and pressed him to signe it whereupon he this Examinant asked if the Generall or Lievtenant Generall had signed it to which O. Neale answering they had not he said that he would not be so unmannerly as to signe any thing before them and refused to read it He saith likewise that Captain Armstrong was present at the same time and that O-Neale offered it to him who looking upon this Examinant this Examinant did shake his head at him to make a signe that he should not doe it and withall went out of the roome and Armstrong afterwards refused it giving this reason That he would not signe it when his Colonell had refused it which hee told this Examinant To the third he saith That O-Neale told him he had very good authority for what he did but did not tell him from whom To the seventh That Master O-Neale told him he was to goe to the Scottish Army but saith he doth not know for what end and purpose he would go thither for that he this Examinant shunned to have any thing more to doe with him Foulk Huncks The Examination of Sir William Balfour Lievtenant of the Tower taken the second of June To the first Interrog he saith he was commanded to receive Captain Billingsley into the Tower with 100. men for securing of the place and that he was told they should be under his command To the second Interrog he saith The Earl of Strafford told him it would be dangerous in case he should refuse to let them in To the third Interrog He referreth himself to the former depositions of the three women taken before the Constable and himself And further saith That the Earle of Strafford himselfe after he had expostulated with him for holding Master Slingsby at the Tower gate and after his telling the said Earle he had reason so to doe in regard of what the women had deposed by which it appeared there was an escape intended by his Lordship himselfe acknowledged hee had named the word Escape twice or thrice in his discourse with Master Slingsby but that hee meant it should be by the Kings authority to remove him out of the Tower to some other Castle and that he did ask Master Slingsby where his brother was and the ship To the fourth Interrog This Examinant saith the Earle of Strafford sent for him some three or foure dayes before his death and did strive to perswade him that he might make an escape and said for without your connivence I know it cannot be and if you will consent thereunto I will make you to have 20000. pounds paid you besides a good marriage for your sonne To which this Examinant replyed he was so farre from concurring with his Lordship as that his honour would not suffer him to connive at his escape and withall told him hee was not to be moved to hearken thereunto Ex. in presence of us W. Balfour Essex Warwick L. Wharton Mandevile James Wadsworth lies at the halfe Moone in Queens-street at Cockets house a Joyner divers Officers lye which is the next doore Coll. Lindsey Capt. Kirk James Wadsworth Die Martis 4. Maii 1641. HE saith that one Ancient Knot told him severall times the last week that Sir John Suckling was raising of Officers for three Regiments for Portugall and saith that hee this Examinant was at the Portugall Ambassadours on Sunday last and then the Ambassadour told him that he knew not Sir John Suckling nor any thing at all of Sir John Sucklings raising of men for Portugall and the Ambassadour himself had no Commission to treat for any men till he heard out of Portugall Tuesday the 11. of May 1641. The Examination of John Lanyon HE was upon Easter Eve last and severall times since troubled by Captaine Billingsley to enter into an expedition for Portugall with Sir John Sucklin And when this Examinant told him that he was His Majesties servant and could not goe without leave Captaine Billingsley bid him take no care for that he should have leave procured and further desired him to get as many Canoneers as he could This Examinant doubting whether they were reall in that Designe repaired to the Portugall Ambassadors and there understood from his Secretary that he was willing to have men but they knew neither Sir Iohn Suckling nor Captaine Billingsley neither had they from them any Commission to raise men He likewise saith that Captaine Billingsley did after sollicite this Examinant to come to Sir Iohn Suckling and that upon Sunday was sennight last Sir Iohn Suckling and Captaine Billingsley with many other Officers repaired unto his house in the afternoone and there staid two houres at least The Examinant not comming in they left a note hee should be with them that night at the Sparragus Garden at Supper whereof this Examinant failing Captaine Billingsley comes againe to his house the Monday morning and not
nor doubt the Houses would have beene as forward to joyne in an order for the suppressi●g of such Tumults as they were not long before upon another occasion when they made an order to that purpose Whereas those Officers and Souldiers which committed that violence upon so many of the Citizens at Whitehall were cherisht and fostred in his Majesties House and when not long after the Common Councel of London presented a Petition to his Majesty for reparation of those injuries his Majesties Answer was without hearing the proofe of the complainants that if any Citizen were wounded or ill intreated his Majesty was confidently assured that it happened by their owne evill and corrupt demeanors We hope it cannot be thought contrary to the du●y and wisedome of a Parliament if many concurring and frequently reitterated and renewed advertizements from Rome Venice Paris and other parts if the solicitation of the Popes Nuntio and our owne discontented fugitives doe make us jealous and watchfull for the safety of the State And We have beene very carefull to make our expressions thereof so easie and so plaine to the capacity and understanding of the people that nothing might justly stick with them with reflection upon the Person of his Majesty Wherein We appeale to the judgement of any indifferent person who shall read and peruse our owne Words We must maintaine the ground of our feares to be of that moment that We cannot discharge the trust and duty which lyes upon us unlesse Wee doe apply our selves to the use of those meanes to which the Law hath enabled us in cases of this nature for the necessary defence of the Kingdom and as his Majesty doth graciously declare the Law shall be the Measure of his power so doe We most heartily professe that We shall alwayes make it the rule of our obedience Prudent omissions in the Answer The next poynt of our Declaration was with much caution artificially passed over by him who drew his Majesties Answer it being indeed the foundation of all our misery and his Majesties trouble that he is pleased to heare generall taxes upon his Parliament without any particular charge to which they may give satisfaction that he hath often conceived displeasure against particular persons upon misinformation although those informations have bin clearly proved to be false yet he would never bring the accusers to question which layeth an impossibility upon honest men of clearing themselves and gives incouragement unto false and unworthy persons to trouble him with untrue and groundlesse informations Three particulars we mentioned in our Declaration which the Penner of that Answer had good cause to omit the words supposed to be spoken at Kensington the pretended Articles against the Queen and the groundlesse accusation of the six Members of the Parliament there being nothing to be said in defence or deniall of any of them Concerning his M●●●sties desire to ioyne with his Parliament and with his faithfull Subiects in defence of Religion and publike good of the Kingdome we doubt not but he will doe it fully when evill Counsellors shall be removed from about him until that be as we shewed before of words so must we also say of Law●● that they cannot secure us witnesse the Petition of Right which was followed with such an inundation of illegall taxes that we had ●ust cause to thinke that the payment of eight hundred and twenty thousand pounds was an easie burthen to the Common-wealth in exchange of them and we cannot but iustly thinke that if there be a continuance of such ill Cou●sel●ors and favour to them they will by some wicked device or other make the Bill for the Trien 〈…〉 Parliament and those other excellent Lawes mentioned in his Maiesties Declaration of lesse value then words That excellent Bill for the continuance of this Parliament was so necessary that without it we could not have raised so great sums of mony for the 〈◊〉 of his Ma●esty the Common-wealth as we have don● and without which the ruine and destruction of the Kingdom must needs have followed And we are resolved the gracious favour of his Maiesty expressed in that Bill and the advantage and security which thereby we have from being dissolved shall not incourage us to doe any thing which otherwise had not beene fit to have beene done And we are ready to make it good before all the world that although his Maiesty hath passed man● Bills very advantagious for the Subject yet in none of them have we bereaved his Maiesty of any iust necessary or profitable Prerogative of the Crowne We so earnestly desire his Maiesties returne to London that upon it we conceive depends the very safety and being of both his Kingdomes And therefore we must protest that as for the time past neither the government of London nor any Lawes of the Land have lost their life and force for his security So for the future we shall be ready to doe or say anything that nay stand with the duty or honour of a Parliament which may raise a mutuall confidence betwixt his Maiesty and us as wee doe wish and as the affaires of the Kingdome doe require Thus far the Answer to that which is called his Maiesties Declaration hath led us now we come to that which is Intituled his Maiesties Answer to the Petition of both Houses presented to him at Yorke the 26 of March 1642. In the beginning whereof his Maiesty wisheth that 〈◊〉 Privileges on all parts wee so Stired that this way of correspondency might be preserved with that freedome which hath beene used of old we know nothing introduced by us that gives any impediment hereunto neither have we affirmed our Priviledges to be broken when his Maiesty denies us any thing or gives a reason why he cannot grant it or that those who advised such denyall were enemies to the peace of the Kingdome and favourers of the Irish Rebellion in which aspersion that is turned into a general asersion which in our Votes is applyed to a particular case wherefore we must maintaine our Votes that those who advised his Maiesty to contradict that which in both Houses in the Question concernig the Militia had declared to be Law and command it should not be obeyed is a high breach of priviledge and that those who advised his Maiesty to absent himselfe from his Parliament are enemies to the peace of the Kingdome and iustly to be suspected to be favourers of the Rebellion in Ireland the reasons of both are evident because in the first there is as great a derogation from the trust and authority of Parliament and in the second as much advantage to the proceedings and hopes of the Rebels as may be and we hold it a very causelesse imputation upon the Parliament that we have herein any way impeacht much lesse taken away the freedome of his Majesties Vote which doth not import a liberty for his Majesty to deny any thing how necessary soever for the
preservation of the Kingdome much lesse a Licence to evill Counsellors to advise any thing though never so destructive to his Majesty and his people By the Message of the twentieth of Ianuary his Majesty did propound to both Houses of Parliament that they would with all speed fall into a serious consideration of all those particulars which they thoght necessary as well for the upholding and maintaining his Majesties just and Regall authority and for the setling his Revenue as for the present and future establishing our Priviledges the free and quiet enjoying our estates the Liberties of our Persons the security of the true Religion professed in the Church of England and the setling of Ceremonies in such a manner as may take away all just offence and to dig●st it into one entire body To that point of upholding and maintaining his Royall authority We say nothing hath been done to the prejudice of it that should require any new provision To the other of setling the revenue the Parliament hath no way abridged or disordered his just revenue but it is true that much wast and confusion of his Majesties estate hath beene made by those evill and unfaithfull Ministers whom he hath imployed in the managing of it whereby his owne ordinary expences would have beene disappointed and the safety of the Kingdome more endangered if the Parliament had not in some measure provided for his Household and for some of the Forts more then they were bound to doe and they are still willing to settle such a revenue upon his Majestie as may make him live Royally plentifully and safely but they cannot in wisdome and fidelity to the Common-Wealth doe this till he shall chuse such Counsellours and Officers as may order and dispose it to the pablicke good and not apply it to the ruine and destruction of his people as heretofore it hath beene but this and the other matters concerning Our selves being workes of great importance and full of intricacie will require so long a time of deliberation that the Kingdome might be ruined before Wee should effect them wherefore We thought it necessary first to be suitors to his Majestie so to order the Militia that the Kingdome being secured Wee might with more case and safety apply our selves to debate of that Message wherein We have beene interrupted by his Majesties denyal of the Ordinance concerning the same because it would have beene in vaine for Us to labour in other things and in the meane time to leave our selves naked to the malice of so many enemies both at home and abroad yet We have not beene altogether negligent of those things which his Majestie is pleased to propound in that Message We have agreed upon a Booke of Rates in a larger Proportion then hath beene granted to any of his Majesties Predecessors which is a considerable support of his Majesties publicke charge and have likewise prepared divers Propositions and Bills for preservation of our Religion and liberties whi●h Wee intend shortly to present to his Majestie and to doe whatsoever is fit for Us to make up this unpleasant breach betwixt his Majestie and the Parliament Whereas divers exceptions are here taken concerning the Militia first that his Majestie never denyed the thing but accepted the persons except for Corporations onely that hee denyed the way to which We answer that that exception takes off London and all other great Townes and Cities which makes a great part of the Kingdome and for the way of Ordinance it is antient more speedy more easily alterable and in all these and other respects more proper and more applicable to the present occasion then a Bil which his Majestie cals the only good old way of imposing upon the subjects It should seeme that neither his Majesties Royall Predecessors nor our Ancestors have heretofore beene of that opinion 37 Ed. 3. Wee find this Record the Chauncelour made declaration of the Challenge of the Parliament the King desires to know the griefes of his Subjects and to redresse inormities The last day of the Parliament the King demanded of the whole Estates whether they would have such things as they agreed on by way of Ordinance or Statute who Answeared by way of Ordinance for that they might amend the same at their pleasures and so it was But his Majestie objects further that there is somewhat in the preface to which he could not consent with Justice to his honour and innocence and that thereby he is excluded from any power in the disposing of it these objections may seeme somewhat but indeed will appeare nothing when it shall be considered that nothing in the Preamble layes any charge upon his Majestie or in the body of the Ordinance that excludes his Royall Authority in the disposing or execution of it But onely it is provided that it should be signified by both Houses of Parliament as that channell through which it will be best derived and most certainely to those ends for which it is intended and let all the world judge whether Wee have not reason to insist upon it that the strength of the Kingdome should rather be ordered according to the direction or advice of the great Councell of the Land equally intrusted by the King and by the Kingdome then that the safety of the King Parliament and Kingdome should bee left at the devotion of a few unknowne Counsellours many of them not intrusted at all by the King in any publike way nor at all confided in by the Kingdome We wish the danger were not imminent or not still continuing but cannot conceive that the long time spent in this debate is evidence sufficient that there was no such necessity or danger but a Bill might easilie have bin prepared for when many causes doe concurre to the danger of a State the interruption of any one may hinder the execution of the rest and yet the designe be still kept on foot for better oportunities who knowes whether the ill successe of the Rebels in Ireland hath not hindred the insurrection of the Papists here whether the preservation of the six Members of the Parliament falsely accused hath not prevented that plot of the breaking the neck of the Parliament of which wee were informed from France not long before they were accused yet since his Maiesty hath bin pleased to expresse his pleasure rather for a Bill then an Ordinance and that he sent in one for that purpose wee readily entertained it and with some small and necessary alterations speedily passed the same But contrary to the custome of Parliament and our expectation grounded upon his Maiesties owne invitation of us to that way and the other reasons manifested in our Declaration concerning the Mili●ia of the fifth of May insteed of his Royall assent we met with an absolute refusall If the matter of these our Votes 15 and 16 of March be according to Law we hope his Maiestie will allow the Subiects to be bound by them because he hath said he