ready to assist His Majesty in any other way Sir Robert King deposed to Sir George Ratcliff's words about 30000 men and 400000 l and that the King could not want Money Sir Rob. King he had an Army The Lord Ranulagh deposed to the same Effect concerning Sir George Radcliff Lord Ranulagh Sir Tho. Barrington deposed Sir Thomas Barrington That on private discourse about the Parliament Sir George Wentworth said The Commonwealth was sick of Peace and will not be well till it be Conquered again Sir Robert King further said That the Lord Ranulagh was displeased at Sir George Ratcliff 's words conceiving it was an intention to raise Money forcibly in England and that they must turn their Swords upon them from whom they were descended and cut their Throats for their own Safety which the Earl confirmed by offering to sell the said Lord his Estate in Ireland though he thought they would be quieter there than in England From whence the Managers inferred his Design was against England To prove this Design Sir Tho. Jermin deposed Sir Thomas Jermin That he heard my Lord Strafford say something of the Parliaments forsaking the King The Earl of Bristol deposed The Earl of Bristol That discoursing of the Distractions of the Times the Mutiny of the Soldiers and Danger of a War with Scotland he proposed the Summoning a new Parliament as the best way to prevent those Desperate Vndertakings which discourse and his Reasons my Lord Strafford seemed not to dislike but said He thought it not counselable at that time in regard of the slow Proceedings of Parliaments and the real and pressing Dangers and that the Parliament had refused Supplies and therefore the King was to provide for the Safety of the Kingdom Salus Reipublicae being Suprema Lex and that the King must not suffer himself to be mastered by the stubborness and undutifulness of his people or rather Stubberness and disaffection of some particular men meaning some Members of Parliament as he conceives being discoursing of the Parliament The Lord Newborough deposed That he heard words to this Effect Lord Newborough That seeing the Parliament had not supplyed the King His Majesty might take other courses for Defence of the Kingdom But thô he cannot swear the Earl spake these words Earl of Holland he verily believes he heard him speak something to that purpose The Earl of Holland deposed much to the same Purport Then they proceeded to the 23. Article and the Examination of the Earl of Northumberland was read That in case of Necessity for Defence of the Kingdom if the People refuse to Supply the King the King is absolved from Rules of Government and that every thing is to be done for the Preservation of the King and his People and that by some discourses to His Majesty he believes if the King was not supplyed by Parliament some Course was intended to raise Money by Extraordinary wayes but that the Irish Army was to land in the West of Scotland and he hath not heard that these Forces were to be imployed in England to compel or awe the Subjects to pay Taxes imposed Sir Henry Vane deposed Sir Hen. Vane That upon debate of the Question Whether Offensive or Defensive War the Earl said Your Majesty having tryed all wayes and being refused in case of Extream Necessity for the Safety of the Kingdom you are loose and absolved from all Rules of Government you are acquitted before God and Man You have an Army in Ireland you may imploy it to reduce this Kingdom But he will not interpret whether my Lord meant England or Scotland but afterwards he said positively to reduce this Kingdom applying it to England Mr. Whitlock summed up the Evidence That it was clear my Lord of Strafford had a strong Design and Endeavour to Subvert the Fundamental Laws and Government of England and to bring in an Army upon us to force this Kingdom to submit to an Arbitrary Power That he would not aggravate these words which were to allay them having in them more Bitterness and Horror than he is able to Express After some little pause The Earl's Defence the Earl made his Defence And first to the Earl of Traquair's Deposition the said Earl sayes That it was the Resolution of the Council-Board and that he gave his Vote among the other Lords That if the Commissioners of Scotland gave not Satisfaction the King might put himself into a posture of War So that his Opinion was the same with the rest and he thinks himself in great Safety having the Concomitant Opinion of so many wiser Persons than himself And for the Earl of Moreton 's Deposition he hopes when the Council of England had resolved it it was no great Crime for him to say That the unreasonable Demands of Subjects in Parliament was a good ground for the King to put himself into a posture of Defence and for his saying it was not Religion but the Root of Government they strook at that he thinks he and every man that thought so had reason to say as he did As to Sir H. Vane the War being resolved and whether Offensive or Defensive the Question he hopes it is not Treasonable for a Privy Councellor to give his Opinion according to his Conscience to do so being their Duty and according to their Oaths and that he was as free to give his Reasons one way as any other person another As to the seizing the Ships Barnwell 's Testimony is only by hearsay but he will inform their Lordships by proof that the Scots Ships were stayed by the Lord Admiral 's Warrant which Mr. Slingsby attested so that the Earl said it might appear he was no such Stirrer or Incendiary between the King and his Subjects as he was represented To the 21 Article and the Lord Primate's Examination about the King 's using his Prerogative it is but singularis testis and only in way of Argument but that the words fairly construed and clearly understood have no ill sence for the King may use his Prerogative as he pleases because the King's Pleasure is always just and to think the King will use his Prerogative otherwise were a high Offence or to think he will use his Prerogative otherwise then as befits a Christian and Pious King To my Lord Conway 's Testimony That the King might help himself though it were against their Will He answered That to help a man's self is Natural for Self is the last Creature that leaves any person and what is natural to every man is so to the King who is accountable not only for Himself but his People To Mr. Secretary Vane 's Testimony That if the Parliament should not succeed he would be ready to assist His Majesty any other way He sees not where the heynousness or venom of the words is to endanger his Life and Honor and he conceives Mr. Treasurer said as much and the Wayes the King could command
said That thereby he gave them leave to put Royal Manacles upon Majestie and an opportunity after having bound him to despoil him of his Crown and Life But besides if there were any weight in this Reason it must always have had the same force and strength against Ecclesiasticks in any Age or Under any Government intermedling in Secular and Civil Affairs since it could not but be as much a hinderance to those of former Ages in the Exercise of their Ministerial Function as to these But the constant Usage of all Ages Places Times and Nations both Barbarous and Civil Pagan Jew and Christian manifest that the Universal Wisdom of Mankind has been of a Contrary Opinion Religious Persons having ever had an Extraordinary Deference paid them and having always been accounted Worthy for their Abilities Wisdome Learning and Integrity to be admitted into the Councils of Princes and having constantly had a great share and interest both in the framing Laws and managing the Civil Polities and Governments of Nations And more particularly the Sacred History gives us a clear account that in the Government of the Jewish Nation formed by God himself the chief Priest was not only the Supreme Governor of that People as well in things Sacred as Civil but the inferior Priests under him were the Judges of Temporal as well as Ecclesiastical matters brought before them and the same Objection lying as naturally and forceably against them as against these cannot Excuse these Objectors from affronting the Wisdom of the Divine Legislator who Expresly Ordered it to be so and truly it is but in other Words the Objection of Corah and his Accomplices against Moses and Aaron Ye take too much upon you ye Sons of Levi. To the Second which is the Solemn promise they who Enter into Holy Orders make That they will give themselves wholly to that Vocation The clear sense of that is That they will principally apply themselves to the Duties of their Calling and not to any Secular Imployments as Husbandry Merchandizing or other Mechanical Callings so as to hinder the performance of their Duty in the Offices of their Function which as before I have shewed the Bishops by Sitting and Voting in Parliament cannot be said to do And to make this Evident I will give a clear instance in the inferior Clergy for suppose any one of them by his frugal Parsimony hath got a Sum of Mony he may lawfully bargain purchase take and keep a Temporal Estate for the future subsistence of his Family he may lawfully Lett Sett Build Lease Receive Rents for such Estate or any one descending to him by Inheritance and manage it to his best advantage without the least danger of violating or intrenching upon this promise made at his Ordination and yet all these are Secular Affairs which he may do without prejudice to his ingagement so long as still he makes the Vocation which he undertook at his receiving Holy Orders the main scope of his Life and Actions and I think none will deny I am assured no person will be able to prove the contrary but that the Bishops notwithstanding the use of their Peerage yet make the Exercise of their Episcopal Function the main and principal business of their lives And so for the Third That Canons and Councils in several Ages do forbid them to meddle in Secular Affairs It is well known that even those who made those Canons were themselves at the same time Councellors to Princes and particularly that Arch-Bishop who made the Constitutions of Westminster mentioned by Linwood upon which these People were perpetually harping was a Peer who himself sate in Parliament and of the King 's Privy Council from which it is evident that by those Canons there was no design to intrench upon the Peerage of the Bishops but to prevent the inferiour Clergy from neglecting their Duty and entring upon the more gainful and tempting employs of Secular Persons besides that those Canons since the Reformation were not binding either to Bishops or Clergy As to the Fourth Fifth Sixth Seventh Reasons they are rather sly Insinuations and Calumnies then Reasons and such as having no substantial matters in them worth answering I shall therefore pass them over without any further notice then that admitting all for Truth there Objected which yet was most notoriously False yet they are but personal Crimes and therefore in Justice could only reach to those particular Bishops but not to the Function it self or the Successors of those Bishops and if personal failings had been a ground to disable the Members of Parliament from the Right of sitting and voting in that Assembly both for the present and future Succession 't is not impossible to be supposed but that a far greater number would for ever have been excluded out of the Commons House then these 26 Bishops out of the House of Peers And for the Eighth which is partly made up of Calumny and partly of the Example of Scotland in abolishing Episcopacy it is certainly the worst way of Reasoning in the World to argue a facto ad jus And the way of Tumults Treason and actual levying War against their undoubted Lawful Sovereign by which they got Episcopacy abolished were such methods as certainly no sober Christians can think justifiable either before God or Man and therefore no perswasive Reasons in their own Nature to do the same in England The Ninth and Last Reason is of the same Leaven with the former as if the promotion of those Reverend Prelates to those high Offices and Honours must of necessity blow them up with the vain Tumor of Pride The truth is the Covetousness of some of the Laity who greedily longed to devour the Revenue of the Church and the Pride and Envy of the Factious Presbyterian and other dissenting Ministers and not the Exaltation of the Bishops were the true Reasons of their discontent and of all the disquiets and great disorders which ensued this troublesome and restless Temper of the Non-conforming Ministers and of all the dreadful Revolutions which happened in these miserable Kingdoms to the utter Ruine and Overthrow both of Church and State and to the Eternal infamy of these Pretenders to Reformation and the True Protestant Religion That which seems to have the most force and weight and is therefore reserved to the last is taking away the Votes of the Abbots in the time of King Henry the Eighth upon the Dissolution of those Religious Houses To which notwithstanding the great strength it seems to have that for the same Reason the Bishops might also be removed from the Peerage of England it is easily answered That though some Abbots were Barons in Parliament and part of the Lords Spiritual yet the taking away their Voees did no more destroy the third Estate in Parliament then the Attainders of divers of the Nobility and Temporal Lords and thereby taking away their Votes did abolish the whole Order of the Peerage another of the Three Estates
Subsidy of Tonnage and Poundage whereas no such were payable by Law did from time to time delay the respective Proprietors from having restitution of their said Goods being often in Court moved therein with intention thereby to force the Proprietors by wanting their Goods and the use thereof to pay all such Summs as the said Officers of the Customs pretended to be due to His Majesty That to the end aforesaid the said Sir Thomas Trevor and the said other Barons refused to accept of any Security to be given by the said Proprietors upon restitution had of their Goods for payment of all such Duties as should be made appear to be made payable to His Majesty in such manner as the said Barons should direct That the said Sir Thomas Trevor and other the Barons aforesaid knowing that the said Summs demanded on His Majesties behalf by the said Officers of the Customs not to be due by Law did refuse to order restitution of any part of those Goods so detained as aforesaid to the Proprietors thereof unless the said Proprietors would deposite all such Summs of Money as the said Officers respectively demanded of them for pretended Duties to His Majesty and the said Proprietors refusing to deposite the said Summs demanded the said Sir Thomas Trevor and other the Barons aforesaid did order the said Officers to detain double the value of the Summs by them demanded for pretended Duties to His Majesty and to restore the residue the said Sir Thomas Trevor and other the said Barons then knowing that the pretended Summs demanded by the said Officers were not by Law due or payable to His Majesty 2. That in or about January 4. Car. The said Officers having Seized several Merchandises of the Goods of Richard Chambers Merchant upon the pretences aforesaid did detain the same and the said Chambers Prosecuting by plaint to have his said Goods Replevied the said Sir Thomas Trevor together with the said other Barons did in like manner in the said Court of Exchequer declare the said Chambers his Goods not to be Replevisable and enjoyned the Sheriffs of London to proceed no further therein no cause to them appearing of such Seizure or Detainer And the said Sir Thomas Trevor and other the Barons of the said Court refused to order the delivery of the said Chambers his Goods upon good security offered by him to pay all such Summs as should be made appear to be due and for which the said Goods were pretended to be detained and the said Barons being often moved in Court therein did refuse to order restitution of any part of the said Chamber 's Goods until the 23. of November 5 Carol. and then ordered that the said Officers should detain in their hands double the value of the Summs by them demanded and restitution of the residue to be made to the said Chambers no cause of detaining any part of the said Goods to them in any wise appearing 3. That whereas in the Month of October in the fourth year of His said Majestie 's Reign the Farmers and Officers of the Custom-House having Seized great quantities of Currants being the Goods of Samuel Vassall Merchant and having conveyed them into certain Store-Houses at the Custom-House and detained them because the said Samuel Vassall refused to pay an Imposition of five Shillings six Pence upon every Hundred weight of the said Currants pretended to be due and demanded by the said Farmers and Officers on His Majesties behalf for the said Currants whereas no such Imposition was due or payable for the same but the said Imposition was and is against the Laws of this Realm And whereas also in Michaelmas Term in the said fourth year of His Majesties Reign His Majesties then Attorney General exhibited an Information by English Bill in the Exchequer-Chamber against the said Samuel Vassall setting forth that King James by his Letters Patents Dated the third of November in the second year of His Reign did command that the said Imposition of five Shillings six Pence upon every Hundred Weight of Currants should be demanded and received And that His Majesty that now is by His Letters Patents Dated the six and twentieth Day of July in the second year of His Reign did by Advice of his Privy Council declare His Will and Pleasure to be that Subsidies Customs and Imposts should be Levied in such manner as they were Levied in the time of King James and the same and the Farmers to continue until it might receive a setling by Parliament and commanded the Levying and receiving the same accordingly and that the said Samuel Vassall before the first Day of October then last past before the said Information Exhibited did bring into the Port of London in Ships four thousand six hundred thirty eight hundred weight of Currants and that Richard Carmarthen Surveyor in the said Port of London the said first day of October demanded of the said Samuel Vassall the said Imposition of five Shillings six Pence for every Hundred weight of the said Currants and that the said Samuel Vassall refused to pay the said Imposition and unjustly detained it from the King To which Information the said Samuel Vassal appeared and Pleaded the Statute of Magna Charta and the Statute De tallagio non concedendo and that he was a Subject Born under the King's Allegiance and a Merchant of London using that Trade and that the said Summ of five Shillings six Pence upon every Hundred weight of Currants was and is malum tolnetum and not antiqua seu recta consuetudo and that it was imposed without assent of Parliament To which Plea the said Attorney General demurred in Law and the said Samuel Vassall joyned in demurrer with him That he the said Sir Thomas Trevor being then and yet one of the Barons of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court knowing the said Currants to be unlawfully Seized and detained for the pretended Duty of five Shillings six Pence Imposition upon every Hundred weight of the said Currants whereas no such Imposition was payable by Law did from time to time delay the said Samuel Vassall from having restitution of his said Goods being often in Court moved therein with intention thereby to enforce the said Samuel Vassall by wanting the said Goods and the use thereof to pay all such Summs as the said Officers of the Customs pretended to be due to His Majesty and Imprisoned the said Samuel Vassall because he refused to pay such Summs of Money as were demanded of him for the said unlawful Imposition and that in Trinity Term in the sixth year of His Majesties Reign the said case coming to be argued in open Court upon the demurrer the said Sir Thomas Trevor contrary to his Oath and contrary to the Laws of this Realm and to the great impoverishment of the said Samuel Vassall did together with the rest of the then Barons of the said Court of Exchequer give
Conference about it The House of Lords was turned into a Committee to debate the 4th Head brought from the House of Commons concerning the Queens Majesty and the first Branch was agreed to The further Debate of the 10 Propositions by the Lords To the Second Article It was agreed to Joyn with the House of Commons to move the King That he will be pleased not to give his Consent to the same hereafter it being against the Laws of this Kingdome To the Third concerning the Colledg of Capuchins at Denmark-House agreed The 4th not now Resolved There was a Debate in the Commons House Thursday July 8. concerning the Forreign Ambassadors entertaining and sheltering Romish Priests and Jesuits Natives of his Majesties Dominions upon which it came to this Vote Resolved c. That this House doth declare That no Forreign Ambassador whatsoever ought to shelter or harbour any Popish Priest or Jesuit Vote against Forreign Ambassadors Entertaining Romish Priests Natives of the Kings Dominions that are Natives of the Kings Dominions under pretence of being their Servants or otherwise And the Committee for the 10 Propositions to his Majesty about his Journey are to present this Declaration to the Lords Committee appointed to meet them and to desire their Lordships to Joyn with this House to Petition his Majesty that this may accordingly be observed The Cessation was Voted to continue 14 dayes longer from Munday next Cessation prolonged The House then reassumed the Debate about Mr. Hollis and others Imprisoned and Fined 3 Car. and came to these Votes Further Votes about Mr. Hollis c. 3 Car. Resolved c. That Sir George Crook one of the Justices of the Kings Bench is not Guilty of the delay in granting the Habeas Corpus to Mr. Hollis c. Resolved c. That the continuance of Mr. Hollis c. 3 Car. in Prison by the then Judges of the Kings Bench for not putting in Sureties for the Good Behaviour was without Just or Legal Cause Resolved c. That the Exhibiting the Information against Mr Hollis Sir John Eliot and Mr. Valentine in the Kings Bench being Members of Parliament and for matters done in Parliament was a breach of Priviledge of Parliament Resolved c. That the Judgment given upon Nihil dicit against Mr. Hollis Sir John Eliot and Mr. Valentine and the Fines thereupon Imposed and their several Imprisonments thereupon was against the Law and the Priviledg of Parliament Resolved c. That the several proceedings against Mr. Hollis Sir John Eliot and Mr. Valentine by committing them and Prosecuting them in the Star-Chamber and the Kings Bench is a Grievance Resolved c. That Mr. Hollis Mr. Strode Mr. Valentine Mr. Long and the Heirs and Executors of Sir John Eliot Sir Miles Hobart and Mr. Peter Heyman respectively ought to have reparation for their respective Damages and Sufferings against the Lords and others of the Council by whose means they were apprehended and committed against the Council that put their Hands to the Information in the Star-Chamber and the Judges of the Kings Bench. Resolved c. That Mr. Laurence Whittacre being a Member of the Parliament 3 Car. and entring into the Chamber of Sir John Eliot being likewise a Member of that Parliament searching of his Trunk and Papers and Sealing of them is Guilty of the Breach of Priviledg of Parliament this being done before the dissolution of the Parliament Resolved c. That Mr. Laurence Whittacre being guilty of the Breach of the Priviledg of Parliament as aforesaid shall be sent forthwith to the Tower there to remain a Prisoner during the Pleasure of the House Whereupon Mr. Whittacre being called down Mr. Lau. Whittacre sent to the Tower for Breach of Privilege 3 Car. and kneeling at the Bar Mr. Speaker pronounced this Sentence against him Mr. Whittacre then desired permission of the House to speak for himself which being granted he said That he did freely confess the matter of Fact and that he should not endeavour to extenuate it by the Confusion of the times but that he had only this to plead in mitigation of the Sentence that it was an Error committed so long ago being now 13 years since and that he was commanded to do what he did by Warrant from the King himself and three and Twenty Privy Councellors But all this availed him nothing for he was immediately sent to the Tower Now for the Readers satisfaction and that he may have a clear understanding of this affair it will I think not be unacceptable to present him with these following Papers relating to this affair There were several Questions proposed to the three Chief Judges to which they gave these Answers Quere I. There solutions of the Three Chief Judges about matters in the Parliament 3 Car. WHether a Parliament Man offending the King Criminally or Contemptuously in the Parliament House and not then punished may not be punished out of Parliament Answer We conceive That if a Parliament Man exceeding the Priviledge of Parliament do Criminally or Contemptuously offend the King in the Parliament House and not there punished may be punished out of Parliament Quere II. Whether the King as he hath the power of Calling and Dissolving a Parliament have not also an absolute power to cause it to be Adjourned at his pleasure Answer We conceive That the King hath the Power of Commanding of Adjournments of Parliaments as well as of Calling Prorogueing and Dissolving of Parliaments But for the manner thereof or the more particular Answer to this and the next subsequent Question we refer our selves to the Precedents of both Houses Quere III. Whether if the King do Command an Adjournment to be made he hath not also power to Command all further proceedings in Parliament to cease at that time Quere IV. Whether it be not a high Contempt in a Member of the House contrary to the King 's express Commandment Contemptuously to oppose the Adjournment Answer The King 's express Commandment being signified for an Adjournment if any after that shall Tumultuously oppose it further or otherwise then the Priviledge of the House will Warrant This we conceive to be a great Contempt Quere V. Whether if a few Parliament-Men do Conspire together to stir up ill Affections in the People against the King and the Government and to leave the Parliament with such a loose and by words or writings put it in Execution and this not punished in Parliament it be an offence punishable out of Parliament Answer We conceive this Offence to be punishable out of Parliament Quere VI. Whether if some Parliament-Men shall Conspire together to publish Papers containing false and scandalous Rumors against the Lords of the Privy Council or any one or more of them not to the end to Question them in a Legal or Parliamentary way but to bring them into Hatred of the People and the Government into Contempt and to make Discord between the Lords
Majesty's said Letters or the said Act of State and not otherwise The Commons not being satisfied with these Sober and Calm Resolutions of the Judges fell to Voting their own Sense and to make Declarations of the Law upon their former Queries as followeth Questions propounded in Parliament And Declarations of the Law thereupon in Parliament Quest 1. The Declaration of the Commons in Ireland upon the Queries propounded to the Judges WHether the Subjects of this Kingdom be a Free People and to be Governed only by the Common Laws of England and Statutes of Force in this Kingdom Declarat The Subjects of this his Majesties Kingdom of Ireland are a free People and to be Governed only according the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the Lawful Customs used in the same 2. Quest Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or Direction under the Seal or Privy Seal Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governor or Governors of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgment or Execution thereupon If so in what Cases And whether if they do hinder stay or delay such Suit or Judgment or Execution thereupon what Punishment do they incur for their deviation and transgression therein Declarat That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of Force in this Kingdom and the said Judges or any of them by Color or under Pretext of any Act of State or Proclamation or under Color or Protext of any Writ Letter or Direction under the Great Seal Privy Seal or Privy Signet from the King 's Most Excellent Majesty or by Color or Pretext of any Letter or Commandment from the Chief Governor or Governors of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon and if any Letters Writs or Commands come from his Majesty or from any other or for any other Cause to the Justices or to the other deputed to do the Law and right according to the Usage of the Realm in disturbance of the Law or of the Execution of the same or of Right to the Party the Justices and others aforesaid ought to proceed and hold their Courts and Processes where the Pleas and Matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due Punishment according to the Law and former Declarations and Provisions in Parliament in that Case made and of Force in this Kingdom or as shall be Ordered Adjudged or Declared in Parliament And the Barons of the Exchequer Justices of the Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared That they ought to undergo the Punishment aforesaid 3. Quest Whether the Kings Majesties Privy Council either with the Chief Governor or Governors of this Kingdom or without him or them be a Place of Judicature by the Commons Laws and wherein Causes between Party and Party for Debts Trespasses Accompts Possessions or Title of Lands or any of them or which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law And of what Force is their Order or Decree in such Cases or any of them Declarat The Council Table of this Realm either with the Chief Governor or Governors or without the Chief Governor or Governors is no Judicatory wherein any Action Real Personal Popular or Mixt or any Suit in the Nature of the said Actions or any of them can or ought to be Commenced Heard or Determined and all Proceedings at the Council Table in any Suit in the nature of any of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of Force in this Kingdom only excepted 4. Quest The Like of the Chief Governor alone Declarat The Proceedings before the Chief Governor or Governors alone in any Action Real Personal Popular or Mixt or in any Suit in the Nature of any of the said Actions are Coram non Judice and void 5. Quest Whether Grants of Monopolies be warranted by the Law and of what and in what Cases and how and where and by whom are the pretended Transgressors against such Grants punishable and whether by Fine Mutilation of Members Imprisonment Loss and Forfeiture of Goods or otherwise and which of them Declarat All Grants of Monopolies are contrary to the Laws of this Realm and therefore void and no Subject of the said Realm ought to be Fined Imprisoned or otherwise Punished for exercising or using the Lawful Liberty of a Subject contrary to such Grants 6. Quest In what Cases the Lord Lieutenant Lord Deputy or other Chief Governor or Governors of this Kingdom and Council may punish by Fine Imprisonment Mutilation of Members Pillory or otherwise And whether they may Sentence any to such the same or the like punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what punishment do they incur that Vote for the same Declarat The Lord Lieutenant Lord Deputy or other Chief Governor or Governors and Council of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Consure any Subject in mutilation of Member standing on the Pillory or other shameful Punishment in any Case at the Council Table and no Subject ought to be Imprisoned Fined or otherwise Punished for Infringing any Commands or Proclamation for the support or Countenance of Monopolies and if in any Case any Person or Persons shall be committed by the Command or Warrant of the Chief Governor or Governors and Privy Council of this Realm or any of them That in every such Case every Person or Persons so Committed restrained of his or their Liberty or suffering Imprisonment upon Demand or Motion made by his or their Counsel or other imployed by him or them for that purpose unto the Judges of the Court of Kings-Bench or Common-Pleas in open Court shall without delay upon any Pretence whatsoever for the ordinary Fees usually paid for the same have forthwith granted unto him or them a Writ or Writs of Habeas Corpus to be directed generally unto all and every Sheriff Goaler Minister Officer or other Person in whose Custody the Party or Parties so Committed or Restrained shall be shall at the Return of the said Writ or Writs and
Soams Alderman Pennington and Mr. Venn do repair to the Common-Council of the City of London when they are sitting and to acquaint them with the Information this House received what Practices have been used to the Inns of Court and those other Informations of the like Nature that have been given to this House of the Preparations of Armed Men about White-Hall and those other Preparations at the Tower And to inform them in what danger the Parliament the Kingdom and the City is in It was also Ordered That Mr. Whittaker Sir Robert Pye and Mr. Pury do presently repair to the House of the Marquess de Neuf-ville and see if his House be furnished with Warlike Ammunition as the House is informed Memorandum Mr. Hollis Mr. Pym Sir Arthur Haslerigg Mr. The 5 Members appearance Entred in the Journal Hampden and Mr. Strode appeared to day according to the Injunction of the House And I find among the Prints of that time a Speech of Mr. Hampden's upon the occasion of his Impeachment which confirms this Memorandum which was as followeth Mr. Speaker IT is a true Saying of the Wise Man That all things happen alike to all Men Mr. Hampden's Speech in Vindication of himself against his Impeachment Jan. 4. 1641. as well to the good Man as to the bad There is no state or condition whatsoever either of Prosperity or Adversity but all sorts of Men are sharers in the same no man can be discerned truly by the outward appearance whether he be a good Subject either to his God his Prince or his Country until he be tryed by the Touchstone of Loyalty Give me leave I beseech you to parallel the Lives of either sort that we may in some measure discern Truth from Falshood and in speaking I shall similize their Lives 1. In Religion towards God 2. In Loyalty and due Subjection to their Soveraign in their Affection towards the Safety of their Country 1. Concerning Religion the best means to discern between the True and False Religion is by searching the Sacred Writings of the Old and New Testament which is of it self pure indited by the Spirit of God and written by Holy Men unspotted in their Lives and Conversations and by this Sacred Word may we prove whether our Religion be of God or no and by looking in this Glass we may discern whether we are in the Right Way or no. And looking into the same I find that by this Truth of God that there is but one God one Christ one Faith one Religion which is the Gospel of Christ and the Doctrine of the Prophets and Apostles In these two Testaments is contained all things necessary to Salvation if that our Religion doth hang upon this Doctrine and no other secondary Means then it is true to which comes nearest the Protestant Religion which we profess as I really and verily believe and consequently that Religion which joyneth with this Doctrine of Christ and his Apostles the Traditions and Inventions of Men Prayers to the Virgin Mary Angels Saints that are Used in the Exercise of their Religion strange and Superstitious Worshipping cringing bowing creeping to the Altar using Pictures Dirges and such like cannot be true but Erroneous nay devillish and all this is used and maintained in the Church of Rome as necessary as the Scripture to Salvation therefore is a false and Erroneous Church both in Doctrine and Discipline and all other Sects and Schisms that leans not only on the Scripture though never so contrary to the Church of Rome is a false worshipping of God and not the true Religion And thus much concerning Religion to discern the truth and falshood thereof 2 I come now Mr. Speaker to the second thing intimated unto you which was how to discern in a state between good Subjects and bad by their Loyalty and due Subjection to their Lawful Sovereign in which I shall under favour observe two things 1. Lawful Subjection to a King in his own Person and the Commands Edicts and Proclamations of the Prince and his Privy Council 2. Lawful Obedience to the Laws Statutes and Ordinances made Enacted by the King and the Lords with the Free Consent of his Great Council of State assembled in Parliament For the First To deny a willing and dutiful Obedience to a Lawful Soveraign and his Privy Council for as Cambden truly saith The Commands of the Lords Privy Councellors and the Edicts of the Prince is all one for they are inseparable the one never without the other either to defend his Royal Person and Kingdoms against the Enemies of the same either publique or private or to defend the Antient Priviledges and Prerogatives of the King pertaining and belonging of Right to his Royal Crown and the maintenance of his Honor and Dignity or to defend and maintain true Religion Established in the Land according to the truth of God is one sign of an Evil and Bad Subject Secondly To yield Obedience to the Commands of a King if against the true Religion against the Ancient and Fundamental Laws of the Land is another sign of an ill Subject Thirdly To resist the Lawful Power of the King to raise Insurrection against the King admit him adverse in his Religion to Conspire against his Sacred Person or any wayes to Rebel thô Commanding things against our Consciences in Exercising Religion or against the Rights and Priviledges of the Subject is an absolute sign of a Disaffected and Trayterous Subject And now having given the Signs of discerning Evil and Disloyal Subjects I shall only give you in a word or two the Signs of discerning which are Loyal and Good Subjects only by turning these Three Signs already shewed on the contrary side 1. He that willingly and chearfully endeavoureth himself to obey his Soveraign's Commands for the Defence of his own Person and Kingdoms for the Defence of True Religion for the Defence of the Laws of his Country is a Loyal and good Subject 2. To deny Obedience to a King commanding any thing against Gods true Worship and Religion against the Ancient and Fundamental Laws of the Land in endeavouring to perform the same is a good Subject 3. Not to resist the Lawful and Royal Power of the King to raise Sedition or Insurrection against his Person or to set Division between the King and his good Subjects by Rebellion although commanding things against Conscience in the Exercise of Religion or against the Rights and Priviledges of the Subject but patiently for the same to undergo his Prince's Displeasure whether it be to his Imprisonment Confiscation of Goods Banishment or any other Punishment whatsoever without Murmuring Grudging or Reviling against his Soveraign or his Proceedings but submitting willingly and chearfully himself and his Cause to Almighty God is the only sign of an Obedient and Loyal Subject I come now to the Second Means to know the difference between a good Subject and a bad by their Obedience to the Laws Statutes and Ordinances made
which time they met and concluded of an Order to Adjourn the House till Tuesday the 11th of January 1641. And in the mean time appointed a Committee of the House of Commons to Sit in London to consider of the Safety of the King Kingdom and Parliament and of repairing of the Priviledges of Parliament so highly broken Which Meeting hath produced several Orders and Decalrations for maintaining the Priviledges of Parliament which are to be reported to the House and there to have its force But for the Safety of the Kingdom and City which they conceived to be in Imminent danger the Committee for Irish Affairs of the House of Commons propounded the consideration thereof to the Committee of the Lords House for Irish Affairs who sate likewise in London who in regard the King had denyed both Houses a Guard to protect them and in regard such an Hostile Plot was intended as was apparently proved declared their Opinion That whereas the King and Parliament was in so great danger that in that Case the Sheriffs of London and Middlesex ought to come with the Posse Comitatus to the Parliament to defend the King and Parliament To which Opinion the Committee of the House of Commons assented which was communicated to the Lord Mayor Aldermen and Common Councel of London and they delivered their Opinions herein and expressed their forwardness hereunto This Breach of Priviledg of Parliament begot much discontent in the Parliament and People and the more in regard by special Command the Articles against Master Pym and the rest were Printed and the same published by Sir William Killegrew and Sir William Flemyn and delivered in his Majesties Name as they falsely pretended to the Four Inns of Court to the end to make these persons the more odious to them and the Kingdom And in regard the consequence of admitting this Accusation in this manner against these five persons is a president to take away the whole House of Commons at a breath under pretence of High Treason if as God forbid an Accusation of this Nature should be hereafter and considering that to this very day 11 Januar. 1641. no Articles of Impeachment is come into the House of Commons by the King's Attorney or otherwise or from the Lords House if any be there against them till which time that it come from thence by Messengers of their own if there first depending the House cannot legally take notice thereof This and many other Reasons made the House of Commons to insist upon it besides the great merit of these persons whom as the House hath declared though as dear as their Lives unto them they will deliver over unto a Tryal so as his Majesty will proceed against them in a Legal way either at the Kings-Bench or in Parliament and produce any Subject in England that will stand to make good the Accusation and in case they fail to make it good that his Majesty will let them be forth-coming and also to discover those wicked Counsels that have advised him to this course that they may be brought to condigne punishment The City and People in the adjacent Parts are so much moved in this business and fearing some suddain Execution may be done upon the Parliament both the House of Peers and House of Commons and the Lords of the Privy Councel having declared that this Act of his majesties without their Advice and against the Priviledges of Parliament That they yesterday declared That Eight Companies of the Trayned Bands with 8. Pieces of Ordnance and divers Horsemen mounted shall Guard the Committees of the House of Peers and Commons from Grocers-Hall in London to Westminster And the Sea Captains Masters of Ships and Marriners with small Barges and Long-Boats sufficiently Mann'd and Armed with Murderers Rablets Faulchion and Minion with Musquet and Half-Pikes to the number of 2000 persons have engaged themselves to Guard the Parliament by Water The Trayned Bands in Southwark have offered themselves to secure all the other side of the Water and the Apprentices tendred their Services to attend the Parliament to the number of Ten Thousand with Warlike Weapons but those the Parliament enjoyned to stay at home And lastly the Watermen tendred their Barges for more Safety to carry the Parliament-men by Water All which to the great admiration of all the Beholders put in Execution this day And that which is most considerable 4000 Horsemen are come to the House of Commons this day except some of them which lay at Vxbridge and places thereabouts with a Petition in the Name of the whole County of Buckingham That Mr. Hampden their Knight of the Shire may receive his Tryal and not lie under the name of High Treason and cannot obtain a Legal way of Tryal and that if he acquit himself as no good men make doubt of Justice in a high measure may be done upon the false informers of his Majesty how near or how great soever They being confident that it is but design of the Popish Party to put an interruption in the Proceedings of Parliament that no Relief may be sent to Ireland but that more Protestant Blood may be shed there and that all Acts made this Parliament may be avoided under pretence of no Free Parliament And lastly to force a Breach of this Parliament by an untimely Adjournment or fayl of meeting through fear of danger By this it will be easy to observe how the People were deluded and inflamed into those Heats and Commotions which cast this Nation so dear and by what wayes the popular Poison and and Contagion spread it self far and wyde so as to become almost an Epidemical Disease throughout the Kingdom and will plainly demonstrate how dangerous a Tool the Press is when the Hand of Faction And now let us take a view of their Actions and how they demeaned themselves having got the Bishops cooped into the Tower and the King out of the Town Tuesday Jan. 11. and themselves triumphantly replaced at Westminster The Lord Lieutenant of Ireland Reported That the Lords Committees for the Irish Affairs have met in London with the Committee of the House of Commons and have agreed upon some Resolutions concerning the Affairs of Ireland 1. That 2500 l. out of the Loan Money be forthwith delivered to Sir Job Harvey and Sir John Nulls who have undertaken to return it to Chester for the Paying and Transporting the 300. Men now there to Dublin 2. That 3000 l. more be paid to them they having undertaken to give Credit to Mr. Walter Frost Commissary for the Victuals The Committee of the House of Commons told the Lords Committees likewise That they were now at the bottom of their Purses and for-as-much as the necessity of providing Money and of the Supply for the present relief of Ireland requireth the Consideration of both Houses of Parliament and for-as-much as they cannot sit in safety without strong and sufficient Guards from the City of London and adjacent Parts they desire
Compositions he hath paid near 100000 l. into the Exchequer and they had no other Priviledges than what was exercised in the Commission and in former like Commissions and as are in the present Commission to the Lord Treasurer and others To the Nineteenth he saith The last Summer was twelve months when the English and Scotch lay in the Fields near Berwick the Earl and Council of Ireland having a general motion thereof were in fear that the Scots in Vlster being almost 100000 in number might be drawn to side with the Covenanters and advising how to secure that Kingdom the Principal of the Nation of Scotland living in Ireland came to Dublin and Petitioned That he might have an Oath whereby they might give Testimony of future Obedience to His Majesty whereupon an Oath was by the Advice of Council of State framed and chearfully taken by those Scotch Gentlemen and generally by all the Nation in Ireland as the Earl conceives to their advantage and the satisfaction of others he believes that some were Sentenced for refusing it but none were otherwise exiled The Earl in his Vote said That he would endeavour that all of that Nation should take that Oath or leave the Kingdom all which was done by His Majesties Direction and Approbation and it was not contrived to the intents in the Article Charged but to prevent their adhering to the Covenanters then in open Arms and not concerning the Ceremony or Government of the Church To the Twentieth he saith That in the Year 1638. the Earl was in Ireland when Preparations were made for War and Summons sent to the Nobility of this Kingdom In the Year 1639. a General was appointed and an Army drawn to the Field and Encamped near Berwick whereby it appears he was not acquainted that the Article of Pacification had been broken on both Sides and so distempered that it was held fit an Army in England should be raised to suppress the Covenanters if the business could not with Honour and Safety be otherwise composed The said Earl humbly advised His Majesty to call a Parliament and used many Motives thereunto after the Parliament was called and before the Sitting thereof ten of the Lords and other of the Council for Forreign Affairs being assembled His Majesty then present an Honourable Person related the Covenanters Demands it was then Voted by all That they were such as might not in Honour and Safety be condescended unto by His Majesty and if they could not be otherwise reduced His Majesty must be constrained to bring them to it by force the like Resolution was after at the Council-Table by twenty of the Council Whereupon His Majesty appointed a Council of War and it was held necessary to borrow 200000 l. upon good Security till the Supplies by the Parliament might come in He never said the Scotch Nation were Rebels but was ever perswaded that many of them are most Loyal Subjects Those that raised Arms when they were at such distance from His Majesty he might say they were no less than Rebels and Traytors by Warrant from the Lord Admiral he caused divers Ships and Goods to be seized but not with an intent to set on the War but as much as in him lay to bring all to fair Accommodation without expence of blood To the 21th he saith The pacification was broken before he came over as in the Answer to the former Article he moved His Majesty for a Parliament in England but not with such intent as in the Article but out of a desire to have settled a right Understanding between the King and His people It may be he said though he remembreth it not that if the Parliament would not Supply His Majesty he would serve His Majesty in any other lawful way being well assured that His Majesty would not imploy him nor any man else in any other kind To the 22th he saith According to His Majesties Instructions he did set forth to the Parliament of Ireland the State of the Affairs as they then stood and they freely gave four Subsidies as an acknowledgment of His Goodness and happy Government as by the Act and Remonstrance appears in Print He by His Majesties Direction then gave Order for the raising of 8000 Men who still remain in the King's pay and were sent into Vlster to secure those Parts or to land in Scotland to divert the Earl of Argile in case he joyned with the Covenanters Army against the King but it was mentioned in the King's Letter 2 Martii 1639. he had purposely given out That they should join with the King's Army at Berwick to colour other Designs but the true cause of their Levying was made known to be as aforesaid unto the Earl of Ormond Sir John Burlace and the Marquiss of Hamilton and Earl of Northumberland at the time of the writing the Letter and he denies the words charged in the Articles or any other words to such intent and purpose To the 23th he saith The matters of the Parliament were no otherwise referred to him than to the rest of the Council that coming sick from Ireland about ten days after the Parliament were set and after the Treaty with the Earl of Dunfermline Lord Lowdon Scotch Commissioners was broken off and the Army preparing and the Parliament not supplying Monies as His Majesty desired His Majesty advised what might move them to prefer His Supply in debate whereof he humbly advised His Majesty by a Message to the House to lay down Ship-Money and promise never to demand it and give way to reverse the Judgment by a Writ of Error in Parliament and to promise a Redress of Grievances when they should be prepared And secondly That they would presently agree upon such Supply as should maintain His Army for reducing the Scots to their Obedience wherein their Safety and His Honour was concerned His Majesty assented conditionally that he might have 12 Subsidies the Earl besought Him that it might not pass as a Condition but to Relinquish Ship-Money and put himself upon their Affections and drew up the Message in Writing and delivered it to Mr. Secretary Vane to deliver to the House of Commons He desired to know if His Majesty would not take less than 12 His Majesty Answered He feared less would not serve His Occasions The Earl of Strafford besought His Majesty to accept of Eight so His Majesty assented and desired Mr. Secretary to signifie so much as occasion should be offered but whether he did so or not the said Earl knoweth not The House of Commons being in debate two days and not Resolving His Majesty about the 5th of May last called a Council at Seven of the Clock in the Morning the said Earl being sick came late and was told as he remembreth by the Earl of Bark-shire the King had declared His Resolution to Dissolve the Parliament the Earl of Strafford besought His Majesty to hear the Advice of His Council and first of those that were Members of the
hand and therefore in his own words take the following account of that Affair WHen the King had Dissolved the Parliament in April An account of Sir Henry Vanes Notes so fatal to the Earl of Strafford 1640. He committed the management of his greatest concernments to certain Lords of his Council who were called the Juncto At this Table Sir Henry Vane as Secretary of State was present and had taken some rude and imperfect Notes of such Speeches as those Lords had severally delivered to the King by way of Debate whether he Transcribed those Notes is uncertain yet his great care in keeping them makes it more then probable he designed to have something in readiness if an occasion should be offered that might turn to the Earl of Strafford's prejudice against whom he had a private hatred the Earl having obtained from the King the Title of Raby for his Barony which was the hereditary possession of Sir Henry Vane though by Gift from the King But this Grudge lay concealed lest the intended Revenge against the Earl should not take Effect in the proper season for if Sir Henry Vane's Malice had been professed the Earl of Strafford's Power would easily have disordered and disappointed all his opposite Attempts These Notes were therefore laid up in his Cabinet till he found the differences betwixt the King and his Subjects of Scotland to be in a fair way of composure and then he thought it the fittest time to discover those private Councils and engage the Lords and Commons when ever they met in Parliament to an irreconcilable hatred against him But his fears were great in owning himself as an Informer or Accuser lest he should lose the Place and Favour which he held in Court and be looked upon by the King as a Perjur'd Councellor a false and unworthy Servant Yet he thought it might prove unsafe and unsuccessful to imploy a Stranger in a business of so great Concernment to him he therefore resolves to improve his Malice and Subtilty by one whom nature had made his living Copy and he takes such a Course as might cast the blemish upon his Son yet gain the means of that Revenge which he designed He was then in a Treaty of Marriage for his Son with the Daughter of Sir Christopher Wray and being called upon to produce the chief Writings of his Estate he being then at his Country House in Kent gave his Son the Keys of his Cabinet at Whitehall and directed him to such a Drawer were he should find those Writings which were desired but no sooner had his Son opened the Cabinet and the Drawer according to his Fathers directions but he found a Paper with this Indorsment Notes taken at the Juncto This Paper either from his own Curiosity or his Fathers Direction he opens and reads and having a particular Acquaintance with Mr. Pym he repairs to him with great Expressions of a troubled Mind not knowing what way to steer himself betwixt the Discharge of his Duty to the Common-wealth and his faithfulness to his Father Mr. Pym endeavoured to answer his Scruples and having perused the Paper he found many Expressions of dangerous consequence he therefore took a Copy of those Notes for his own use but when the Parliament met he resolved to make use of them for the Service of the Publique and assured Mr. Vane that all tender care should be had of his Reputation and of his Fathers security and that his name should not be made use of as the Author of this Information unless it should appear to him to be of absolute necessity to avow the Discovery of it For these reasons the close Committee was desired preparatory Examinations were contrived that the truth of these Counsels and Advices delivered to the King by the Earl of Strafford might have been gained from the Confession of those Lords which were present at the Debates Upon this desire of the House of Commons the Lords declared that no Examination ought to be taken before the particular Charge against the Earl of Strafford were given in and that they understood the desire of the House of Commons in no other sence and therefore they Ordered That for that time and in that case all the Peers should be Examined upon Oath as Witnesses and that the Assistants should likewise be Examined upon Oath if it were required and that they would endeavour with their best care to have the business kept secret and that such of the House of Commons as should be made choice of might be present at the taking such Preparatory Examinations as should be desired by them for perfecting of the Charge against the Earl of Strafford Sir Henry Vane's Papers the 5th of May 1640. L. L. Ireland Sir Henry Vane's Notes taken at the Juncto No danger in undertaking the War whether the Scots are to be reduced or not To reduce them by force as the State of this Kingdom stands If his Majesty had not declared himself so soon he would have declared himself for no War with Scotland They would have given him plentifully The City to be called immediately and quickned to lend One Hundred Thousand Pounds The Shipping Money to be put vigorously upon Collection those two ways will furnish his Majesty plentifully to go on with Arms and War against Scotland The manner of the War Stopping of the Trade of Scotland no prejudice to the Trade free with England for Cattel A Defensive War totally against it Offensive War into the Kingdom His Opinion few Months will make an end of the War do you invade them L. Arch. Lord Archbishop If no more Money then proposed how then to make an Offensive War a dissiculty Whether to do nothing and let them alone or to go on with a vigorous War L. L. Ireland Go vigorously on or let them alone no Defensive War loss of Honour or Reputation the quiet of England will hold out long you will languish as between Saul and David Go on with an Offensive War as you first designed loosed and absolved from all Rules of Government Being reduced to extreme necessity every thing is to be done as power will admit and that you are to do They refused you are acquitted toward God and Man You have an Army in Ireland you may imploy here to reduce this Kingdom Confident as any thing under Heaven Scotland will not hold out Five Months one Summer well imployed will do it venture all I had I would carry it or lose it Whether a Defensive War as impossible as an Offensive War or whether to let them alone L. Arch. Tryed all ways and refused all ways By the law of God you should have subsistence and ought to have and lawful to take it L. Cott. Lord. Cott. Leagues abroad they make and will and therefore the defence of this Kingdom The Lower House are weary both of King and Church month May 1641. It always hath been just to raise Moneys by this unavoidable
Necessity therefore to be used being lawful L. L. Ireland Commission of Array to be put in Execution They are to bring them to the Borders In reason of State you have power when they are there to use them at the King's Pay if any of the Lords can shew a better let them do it Town full of Nobility who will talk of it Obser he will make them smart for it Thus did Ambition and private Revenge disguise themselves under the popular pretence of publique Justice and tenderness for the safety of the Common-wealth The truth is Power and Greatness do always render the Great Ministers of State Criminals to Malice and Envy and of this I will give two remarkable Instances out of the above mentioned Memoirs of the Earl of Manchester When saith he The reason why the Marquess Hamilton and the Lord Cottington escaped the fury of the Faction strickt Scrutiny was made into the Councils and Actions of those who were in greatest Power and Credit with the King divers of the Privy-Council most of the Judges came under the Debate of a Capital or Criminal Impeachment and the very Order of Episcopacy with all its Hierarchy incurred the Odium of Superstitious Pride and Oppression But they who were looked upon as the principal Instruments of those Mischiefs which threatned the Ruine of the Three Kingdoms of England Scotland and Ireland were the Archbishop of Canterbury the Earl of Strafford the Marquiss Hamilton and the Lord Cottington these were of the Juncto where all things of consequence and privacy had been consulted and resolved and these were designed first to be questioned But the Marquiss Hamilton seeing a dark Cloud gathering over his head thought it necessary to seek a timely Shelter and upon consultation with his Friends about the most probable way for preventing of the Clamour of the Commons which might prove a fatal Vote against him he was advised to improve his Interest in the Commissioners of Scotland for he had personally obliged some of them and the rest could not but acknowledge that he had Expressed a great care of his Nations happiness in all those imployments wherein he had been trusted by his Majesty for though he often shewed a great Aversion and activeness against them in their Cause and Quarrel yet in all their Extremities they found him a Friend intending their good He therefore pressed them to intercede for him which they did with earnest solicitations They likewise gave such Engagements for his future Compliance with the Parliaments Designs as he was not only Exempt from all fear of Accusation but he became a Confident in all their private Designs against others and employed his Credit with the King for the obtaining many and great concessions The Lord Cottington could not hope for so powerful an intercession neither durst he rely on his Innocency as Parliament-proof therefore he had recourse to that prudent if not subtle way by stripping himself of his Skin to save his life He knew the Mastership of the Wards was a place of that value and power as probably it might stop the Mouths of his greedy Enemies or else open the hearts of some towards him in a way of Protection and Friendship He therefore declared to the King his condition and propounded the making the Lord Viscount Say and Seal to be his Successor This proved a very successful policy for as soon as this was made known to those who were concerned in their hopes of his place all Criminal Aspersions were laid aside and he gained the advantage of a retired and quiet being Thus far the said Earl in his Memoirs who was no Stranger to the most private transactions of those persons and times The Fall of this lofty Cedar gave not only a general consternation to all the Kings Friends but the greatest encouragement imaginable to the whole Faction who could not dissemble their satisfaction at their having gained so important a point but that it boyled over at the Mouths of the less cautious and more warm of the Party insomuch that I have heard one who was inwardly acquainted among them affirm that one of them as I think Mr. Pym was heard to boast of their success in words to this effect Have we saith he speaking of the Kings passing the Bill of Attainder against the Earl of Strafford got him to part with Strafford then he can deny us nothing And certainly nothing could be of greater disadvantage to his Majesties Affairs then this sacrificing a Great Court Favourite to their Wills rather then to Law or Justice For the whole Nation knew how dear this Great Man was to his Master and the great struglings which the King made if possible to save him and the reluctancy with which he seemed to resign him rather to necessity then reason as it made the victory appear greater so it taught all others of the Kings Friends the greatness of their danger and the impossibility of stemming so strong a Torrent as had wrackt so brave a person as the Earl of Strafford Nor did they think it any disparagement when they saw the King himself stoop to such compliances for them also to bend their Necks And doubtless as nothing can more encourage the Servants and Ministers of any Prince in circumstances and difficulties of this nature than the courage and resolution of the Prince himself so nothing can depress their Spirits comparably to the fear of seeing themselves deserted and left to the Fury and Rage of their Enemies for adhering faithfully to and vigorously prosecuting the Interests of their Master And had his Majesty made use of his Royal Prerogative and refused to Pass the Fatal Bill it could not have happened worse to him then afterwards it did but it might have proved better because they were not then in a condition to Levy a Formal War against him as afterwards they did his Majesty having a very good Army in the North to have Opposed them and had the Earl saved his a Noble and Valiant General to have been at the head of them But to return to the Parliamentary Affairs the Tumults were grown so insolent that his Majesty being sensible of the danger of them sent a Message to the Lords about them Upon which the Lords desired a Conference with the Commons the heads of which the Lord Privy-Seal delivered as follows THat he was commanded from the King to declare to both Houses at a Conference Conference about the Tumults that the People do assemble in such unusual numbers that his Majesty fears the Council and the Peace of the Kingdom may be interrupted and therefore as a King that loves Peace takes care that all Proceedings in the Parliament may be in a fair temperate and peaceable manner It being now time of Parliament his Majesty will not of himself prescribe the way but expects that both Houses upon mutual Conference will advise such a course which may best preserve the quietness of the Kingdom That their
the Report The Limitations were That all those who had suffered damage by the Customers either in Goods or otherwise might notwithstanding this Composition take their remedy at Law for Reparation And that the petty Customers should also come in upon Composition and then have the benefit of the Act of Oblivion An Order was also sent to the Master and Wardens of the Company of Vintners to command that notice be given to the whole Company that the Patent of Abel and Kilvert being Voted Illegal they should sell their Wines as formerly viz. French Wines at Six-pence per Quart and Spanish Wines at Twelve-pence the Quart This day a Commission was presented to the House of Lords Several private Bills passed by Commission directed to the Lord Privy Seal Lord Great Chamberlain and to Earl Marshal or any two of them to give the Royal Assent to three private Bills viz. One Entituled An Act to enable the Marquess of Winton to grant Estates for three Lives or 21 years c. of Lands in the County of Southampton c. reserving the old Rents Another Entituled An Act for Naturalization of Dorothy Spencer Daughter of Henry Lord Spencer Baron of Wormleighton And the third Entituled An Act for the enabling a Sale and Leasing of Lands for payment of the Debts of Thomas late Earl of Winchelsea The Lords Commissioners in their Robes sitting upon a Form set across the House between the State and the Keeper's Woolsack the House of Commons being sent for came with their Speaker then the Clerk of the Parliament presented upon his knee the Commission unto the Lords Commissioners and the Lord Privy Seal after he had acquainted the Peers and the House of Commons with his Majesties pleasure herein he delivered the Commission to the Clerk of the Parliament who carried it to his Table and read it which being done the Clerk of the Crown read the Titles of each Bill severally after which the Clerk of the Parliament pronounced the Royal Assent severally and then the Commons returned to their own House The Commons being returned Mr. Taylor a Barrister Thursday May 27. Mr. Taylor Burgess for Windsor expelled the House and Burgess for the Burrough of Old Windsor was expelled the House and Voted uncapable of ever being a Member of Parliament to be committed Prisoner to the Tower during the pleasure of the House to be carried down to Windsor there to make publick Recantation of what he had spoken and from thence to be returned back to the House of Commons to receive further Sentence And it was Ordered That a Writ should be presently issued out for a new Election in his Room The words for which he was Expelled and thus severely treated were attested by John Hall Mayor of Windsor Mr. Broughton and Mr. Waller That Mr. Taylor should in discourse about the death of the Earl of Strafford say That the House of Commons had not his Vote to the Bill of Attainder against Thomas Earl of Strafford for that to do it before the Lords had finished the Trial upon the Articles of Impeachment Exhibited by the Commons against him was to commit murther with the Sword of Justice An Act for the utter abolishing and taking away of Arch-Bishops Bill for Root and Branch read twice Bishops their Chancellours and Commissaries Deans Deans and Chapters Arch-Deacons Prebendaries Chanters and Canons and other Under-Officers out of the Church of England was read the first time and upon the debate of the House for a second reading the House was divided Yeas 139 Noes 108 so the Bill was read the second time and committed to a Committee of the whole House A Bill was also read the first time for granting to his Majesty the Duty of Tonnage and Poundage Bill for Tonnage Poundage read twice Holmer the Printer bailed and a second time in the Afternoon This day Holmer the Printer who was committed to the Gate-house for printing an Elegy upon the Earl of Strafford which then were called scandalous Verses was admitted to Bail An Estimate of the Debt of the Kingdom was this day brought into the House by the state of which Account it appeared Friday May 28. The state of the publick Debts Bill for raising mony and disbanding the Armies read a second time Bills against H. Commission Court and Pluralities engrossed Saturday May 29. That there was a Debt of seven hundred seventy three thousand nine hundred pounds due to the two Armies the City and several private persons who had lent mony upon Parliamentary Credit which brought on the Consideration of the Bill for Raising Mony and Disbanding the Armies which was read a second time Mr. Rigby Reports the Bills for taking away the High Commission Court and against Pluralities with the Amendments which were both Ordered to be engrossed Little of moment passed this day in the Commons House most of it being spent in debates about Raising Mony to defray the great Debt into which the Kingdom was plunged by the coming in of the Scottish Army to be assistant in the Glorious Reformation of Religion and Establishment of the Subjects Liberty for which guilded Words the Nation was to part with their real Treasure And it was but an untoward Omen how expensive these great Patriots were like to prove for the future who began so early to shew the People that little less than a Million of Mony must be laid down as the Earnest for this imaginary purchase It was this day Ordered Several Lords examined about the Conspiracy of the Army That the Earls of Newcastle and Carnarvan and the Lord Bishop of Chichester shall be attended with this Order and that their Lordships be desired to repair unto the Lords Committees appointed by this House to take the Examinations concerning certain late practises concerning the Army in the North at Two of the Clock this Afternoon at the Lord Keeper's Lodgings near the Parliament House to be examined by them A Case having been depending between Thomas Nash Nash and Kynnaston's Case determined in a Writ of Error and Charles Kynnaston about Errors in a Writ of Error and Council having been fully heard at the Bar of the Lords House on both sides their Lordships Voted the said Errors alledged by the Plaintiff Nash to be frivolous and thereupon awarded the following Order upon it In Suprema Curia Domini Regis Parliament ' Inter Thomam Nash Quer ' Carolum Kynnaston Defendentem in placito transgr ' ejectionis Firmae Super quo visis premissis per Cur ' Parliament ' Domini Regis nunc hic diligent ' Examinat ' plenius intellectis tum Record ' Process ' predict ac Judic ' predict ' super eisdem Reddit ' quam predict ' Causa pro Errore prodict ' predict ' Thom ' in Forma predict ' assignat ' allegat ' videtur predicta suprema Curia Parliament ' hic quoad Record predict in nullo vitiosum aut defectivum
the right Way It behoves us therefore and is expedient that we should add a Period to these Irregular ways that the Vulgar may no longer wander ill in these distracted parts Master Speaker I have now unloaded my mind of her weary burthen and I beseech you digest my words with your serious considerations in this respect of establishing the Church-Government in true sincere perfect and unpoluted Religion which if we do perform and fully effect we shall do great Honour to God get great Credit to our Selves and give great Satisfaction to the whole Kingdom This is my Opinion this is my Expectation this is my Prayer and lastly this is my Hope A Message was sent this Morning from the House of Commons by the Lord Viscount Wainman Message about a Bill for Clerk of the Market c. who said he was Commanded to deliver to their Lordships Three Bills which had passed the House of Commons 1. Entituled An Act for the better ordering the Office of Clerk of the Market allowed and confirmed by this Statute and for the Reformation of the false Weights and Measures 2. An Act against divers Encroachments and Oppressions in the Stannery Courts 3. An Act for the Confirmation of his Majesty's Letters Patents to the Town of Plymouth and for dividing the Parish and building of a new Church And he was further to desire a dispatch of some Bills brought up formerly as the Bill against Pluralities and that their Lordships would appoint some time when their Lordships shall be at leisure that the Commons may come up with the Impeachment against the Judges The Answer which was returned to the Message was The Lords Answer That their Lordships will give a dispatch to these Bills now brought up with all convenient speed and will in a short time give a dispatch to the Bill against Pluralities And further it was told them That their Lordships have appointed great business this Morning concerning the safety of the Kingdom but will Sit this Afternoon at Three of the Clock at which time they will give the House of Commons a meeting concerning the Impeachments of the Judges The House of Commons this Day fell upon the matter of their Priviledges in the Case of Mr. Hollis and others 3 Car. Tuesday July 6. and upon the Debate of the House came to these following Votes Votes about Priviledge in the Case of Hollis c. 3 Car. Resolved c. That the Warrants of the Lords and others of the Privy Council compelling Mr. Hollis and others to appear before them during that Parliament is a Breach of Priviledg Resolved c. That the Committing of Mr. Hollis and others by the Lords and others of the Privy Council 3 Car. during that Parliament is a Breach of Priviledg Resolved c. That the Searching and Sealing of the Chambers Studies and Papers of Mr. Hollis Mr. Selden and Sir John Eliot being Members of Parliament and issuing out Warrants for that purpose is a breach of Priviledg Resolved c. That the Exhibiting an Information in the Court of Star-Chamber against Mr. Hollis and others for Matters done by them in Parliament being Members of Parliament is a breach of Priviledg Resolved c. That Sir Robert Heath Sir Humphrey Davenport Sir Heneage Finch Mr. Hudson and Sir Robert Berkley that subscribed the said Informations are guilty of the breach of Priviledg Resolved c. That there was a Delay of Justice towards Mr. Hollis and others upon the Habeas Corpora in that they were not Bayled in Easter or Trinity Term 5 Car. Resolved c. That Sir Nicholas Hide then Lord Chief Justice of the Court of Kings-Bench is guilty of this Delay Resolved c. That Sir William Jones one of the Justices of the Kings-Bench is guilty of this Delay Resolved c. That Sir James Whitlock Knight one of the Justices of the Kings-Bench is guilty of this Delay A Conference was had with the Lords in the Painted Chamber at the transmitting of the Impeachments of the Judges at which time Mr. William Perpoint upon the reading the Articles against Sir Robert Berkley Knight one of the Justices of the Court of Kings-Bench made this Speech in aggravation of their Crimes My Lords I Am Commanded to present to your Lordships these Articles Mr. William Perpoint's Speech at the Impeachment of Sir Robert Berkley July 6. 1641. with which the Knights Citizens and Burgesses of the Commons House of Parliament in their own Name and in the Name of all the Commons of England Impeach Sir Robert Berkley Knight one of the Justices of his Majesties Court of Kings-Bench in maintenance of their Accusation of High Treason and other great Misdemeanours The Articles they desire may be read The Articles were read by Mr. Newport The High Treason is in the first Article in his Endeavours to Subvert the Fundamental Laws of this Realm and to introduce an Arbitrary and Tyrannical Government which hath been lately adjudged Treason in the Cause of the Earl of Strafford The other Articles prove the first By his Opinions Certificates Judgments by his denials of the benefits of our Laws which have been read to your Lordships No Fundamental Law to the Subject is left our Goods our Lands our Bodies the peace of a good Conscience are by him given up to Arbitrary Tyrannical Government Nothing hath been omitted to make a Judge know the Lawes to make him Just or fear him from being Evil We have Inns of Court peculiar to that Study Judges from thence onely chosen seldom any but what have been Twenty Years there Honours and Revenues are given to Judges Encouragements to do well this Judge had these Judges are sworn according to Law to serve the King and his People according to Law to Counsel the King and for not so doing to be at his Will for Body Lands and Goods this Judge took that Oath The Lawes the Judges study impose the greatest punishments upon unjust Judges shew that these punishments have been inflicted more could not be done to perswade or fear a Judge His Offences shew in him great Ambition yet he was most timorous of displeasing the Great in Power He did not only forbear doing what he was sworn to do but was most active against our Laws and in opposing and punishing any that did maintain them To have only received Bribes though they blind the Eyes and though the Desire to get Money encreaseth with Age that hainous Crime in a Judge had been in comparison with his Offences a tolerable Vice for from such a Judge Justice is also to be had for money Ambition is violent and ruines whilst Covetousness is making a Bargain The words of his Opinion and Judgment are for the King's Power It is pleasing to the Nature of Man that others should obey his Will and well framed dispositions of Princes may easily be perswaded their Power is unlimited when they are also put in mind that therefore they have
the Earl of Leicester Lord Lieutenant of Ireland making some scruple of raising Men to be imployed in the busness of Ireland without the King's Commission and his Lordship desiring to have the Authority of the Parliament for the same in the mean time It is thought fit and so Ordered by the Lords in Parliament according to the Power given unto them by His Majesty mentioned in an Order dated the sixth of November 1641. That the said Lord Lieutenant shall have full power by virtue of this Order to Levy Men according to the Order given him from the Parliament in the interim until His Majesty shall grant him a Commission under the Great Seal of England for his Warrant for so doing The House of Commons did also take notice of the Doubt of the Earl but notwithstanding did resolve and think fit that he should proceed to raise men for the Service by Virtue of the Ordinance of Parliament It was also Ordered by the Lords and Commons A Council of War for the Affairs of Ireland That the Lord Viscount Wilmot Sir John Conyers Sir Jacob Ashly Sir Simon Harcourt Sir John Heyden Sir Foulk Hunks Sir Thomas Glemham Sir Robert King Colonel Culpeper Colonel Vavasor Lieutenant Colonel Ballard and Captain Skippon shall be Assistants as a Council of War to the Committees of both Houses of Parliament appointed for the Affairs of Ireland and have full Power by virtue of this Order to meet and consider of the present state and condition of the said Kingdom and also of an Establishment for the Army Lords agree with the Commons to put the Laws against the Papists in Execution speedily The Lords then entred upon the Consideration of the Proposition sent from the Commons concerning securing the Persons of Popish Recusants and after a long Debate the Result was this That whereas the House of Commons desired that the persons of the Romish Recusants for the safety of the Kingdom might be secured this House doth consent with them therein and Orders That the Laws of this Kingdom shall be put into Execution against them presently Upon the desire of the Commons by Mr. Pym Letters from France and Antworp stopped it was Ordered by the Lords That the Foreign Letters from France and Antwerp be stopped and perused by the Lords Committees for opening Letters there being as Mr. Pym said ground and intelligence that those Letters will discover some Root of the Rebellion in Ireland The Declaration of the State of the Kingdom was also this day read and it was moved that a Consideration of these particulars might be added and which is very uncommon I find in the Margin of the Journal the Names of the Persons which made the several Motions which in regard it is to be supposed they did it in futuram rei Memoriam that Posterity might not hereafter be to seek for their Names I will take care to transmit them down to future Ages but whether they will have Statutes Erected for the Achievement I cannot promise unless it be of Infamy Moved That the last Expedition into Germany J. C. but whether Corbet or Clotworthy I cannot tell The Loans upon Privy Seals The Commission of Excise might be added The Additional Explanation to the Petition of Right Palmer I suppose The Declaration set forth upon the Breach of both Parliaments Strode The Proclamation set forth Wingate forbidding People so much as to talk of a Parliament Gun-Powder Monopoly J. C. as it was a Project for the disarming of the Kingdom The destruction of Timber Wildt especially in the Forrest of Dean by Recusants The Entituling the King to the Lands between High-Water J. C. and Low-Water mark The abuses of Purveyors and Salt-Petre men Whitlock The Commission of Sewers to be further Explained Cromwel The Court of Wards Smyth The Jurisdiction of the Council of the Marches The Council Table as they take Cognizance of Me Te. The Buying and Selling of Honours and Dignities The further Debate ordered to be resumed to Morrow The Lord Keeper Reported the Conference with the Commons Yesterday That Mr. Pym delivered by Command divers Heads agreed upon by the Commons Wednesday Novem. 10. which are Instructions to be sent to the Commissioners of both Houses now attending his Majesty in Scotland which they desire their Lordships to joyn with them in The Instructions were read in haec verba 1. YOu shall humbly inform his Majesty Instructions to the Commissioners in Scotland Nov. 10th 1641. That the Propositions made to the Parliament of Scotland concerning their Assistance for suppressing the Rebellion in Ireland hath been fully considered and debated by both Houses of Parliament here and their Wise and Brotherly Expressions and Proceedings are apprehended and Entertained here by us not only with Approbation but with Thankfulness Wherefore we desire that his Majesty will be pleased That You in the Name of the Lords and Commons of England give publick Thanks to the States of the Parliament of Scotland for their Care and Readiness to imploy the Forces of that Kingdom for the reducing the Rebellious Subjects of Ireland to their due Obedience to his Majesty and the Crown of England 2. You shall further make known to his Majesty That in the great and almost Vniversal Revolt of the Natives of Ireland cherished and fomented as we have Cause to doubt by the Secret Practices and Encouragements of some Forreign States ill-affected to the Crown and that the Northern Parts of that Kingdom may with much more Ease and Speed be supplied from Scotland than from England We humbly desire and beseech his Majesty to make Vse of the Assistance of his Parliament and Subjects of Scotland for the present Relief of those Parts of Ireland which lie nearest to them according to the Treaty agreed upon and confirmed in both Parliaments and this Affectionate und Friendly Disposition now lately Expressed as is more particularly specified in the 5th Article 3. You shall present to His Majesty the Copy Enclosed of the Declaration which We have sent into Ireland for the Encouragement of his good Subjects there and for the more speedy and Effectual opposing of the Rebels and in Execution and performance of our Expressions therein made of Zeal and Faithfulness to his Majesties Service We have already taken Care for 50000 l. to be presently Borrowed and Secured by Parliament We have likewise resolved to hasten the Earl of Leicester Lord Lieutenant of Ireland very speedily to repair thither and forthwith to raise a Convenient number of Horse and Foot for securing Dublin and the English Pale with such other Parts as remain in his Majesties subjection intending to second them with a far greater Supply 4. We have further Ordered and Directed That his Majesties Arms and Munition lying in the City of Carlisle shall be Transported into the North Parts of Ireland for the supply of Carrick-fergus and other his Majesties Forts and
may be just causes of those fears 1. They therefore desire their Lordships Expedition of the Ordinance concerning the Earls of Essex and Holland 2. An Answer concerning the securing the Persons of Recusants 3. Concerning the Government of the Isle of Wight and the fortifying the Forts of the Kingdom 4. That the Magazines in the County of Montgomery may be Sequestred into other hands for better security they being now in the hands of a Servant of a great Recusant 5. That Milford Haven may be fortified 6. That Sir Simon Harcourt may have a Commission to levy Soldiers for the Service of Ireland and that Thursday next may be the longest time of his stay here To these particulars the Lords gave these Resolutions 1. The Lords Answers To the first The House will Debate the Ordinance about the Earls of Essex and Holland to Morrow Morning 2. To the securing of the Persons of Recusants agreed 3. Touching the sequestring of the Isle of Wight into another hand their Lordships will take the same into confideration when the House of Commons present their Reasons why it should be taken out of the hand where it is now To the Forts they have formerly given in an account of the state of them and of the Charge which will be requisite to repair them and that the Money must proceed from them 4. To the fourth Agreed to 5. To the Fifth This House thinks it fit that Milford Haven be secured by appointing some Ships to ride in the Haven 6. To the Sixth The Lord Lieutenant of Ireland is to bring the Commission to Morrow Morning which he is to give to Sir Simon Harcourt for levying Men for the Service of Ireland This being done the Lord Keeper was appointed to acquaint the Commons who stayed in the Painted Chamber with the aforesaid Answers to their Propositions Mr. Maxwell the Gentleman-Usher gave this House an account Mr. Maxwell upon search finds no Priests That according to their Lordships Order he had searched diligently the Earl of Worcester 's House for Priests and Jesuits but can find none In the Commons House they were taken up with this new Plot and preparing Heads for the forementioned Conference And which is omitted in the Lords Journal it was desired That the Information which Beal hath given may be published It was also Ordered That St. German the French-man St. German committed to the Gate-house be committed to the Prison of the Gate-house and that no Man be suffered to speak with him but in the presence and hearing of a Keeper They were still busie in Hammering and Filing of the Remonstrance of the State of the Kingdom as appears by this Memorandum Memorandum That an Addition be made to the Declaration to this purpose to declare That this House intends to vindicate themselves from the Imputations laid upon them of discouraging of Learning and that they will advance Learning and the maintenance of Preaching Ministers They were very tender it seems of their Reputation but notwithstanding their Declaration it will remain an Eternal Riddle to Posterity how it can be possible to incourage Learning by taking away the Rewards of Industry And for their maintaining of Preaching Ministers they were as good as their Word indeed by suffering all that would to Preach and maintaining them in their Sacrilegious Usurpations upon the Sacred Function Report was made this day by the Lords Committees for the Irish Affairs That the Committees of both Houses for that business Wednesday Novemb. 17. have considered of these particulars That Power be given to the Lord Lieutenant of Ireland Irish Affairs for rewarding of secret services as is fit That convenient Posts be speedily set up between Beaumaris and Holy-Head And that the State of Scotland be moved to have the like care for Posts between Carlisle and Port-Patrick That Directions be sent by both Houses of Parliament to the Lords Justices of Ireland concerning the Prisoners Mac-Guire and Mac-Mahon to be Conveyed into England for their better security That the Protestation taken by both Houses be taken by all Officers and Commanders before they be employed in the service of Ireland which Propositions being read were Assented to It was Ordered Message to the Foreign Ambassadors concerning Jones and Andrews That the Right Honourable the Earl of Bristol the Earl of Holland and the Lord Brook shall forthwith Repair unto the several Ambassadors in and about the Cities of London and Westminster and desire them from the Parliament to dismiss out of their Houses such Priests as are the Kings Native Subjects and in case they shall be hereafter found abroad they shall not have any Protection but be Proceeded against according to the Laws of the Kingdom and to let them know That if the Persons of Father Jones and Father Andrews who were Accused for Treasâ—â— be received into their Houses the Parliament desires they may be presently delivered up Lord Lieutenant scruples the Validity of the Ordinance to Levy Men without the Great Seal Upon some Question made this day by the Lord Lieutenant of Ireland whether the Ordinance of Parliament for the granting him Power to give Commissions to Levy men for the Service of Ireland be of sufficient Validity without a Confirmation from His Majesty Thereupon the House did undertake to be Suitors to his Majesty to consirm the Autherity given to his Lordship by the King and the Parliament under the Great Seal of England And do Promise That they will be always ready to avow his Proceedings upon their Lordships aforesaid Orders in the mean time The Lord Lieutenant delivered a Copy of a Commission to be given to Commanders for the Levying of Men for Ireland which was Read and Approved of the Contents were as follow Robert Earl of Leicester Copy of a Commission to Raise Men for Ireland Viscount Lisle Baron of Penhurst c. One of His Majestie 's Most Honourable privy-Privy-Council Lieutenant General of the Kingdom of Ireland and General of His Majestie 's Army there To Collonel WHereas the Lords Justices and Council of Ireland have advertised our Soveraign Lord King Charles and his High Court of Parliament now here Assembled of a suddain Insurrection aâ—d Rebellion in Ireland and have Humbly besought His Majesty to send some Succours unto his good Subjects there And his Majesty being now Absent in his Kingdom of Scotland hath recommended the Care of the said Kingdom of Ireland unto his Parliament of England and that in pursuit of his Majestie 's Pleasure so signified for as much as in this time of His Majestie 's Absence his Royal Commission according to the usual form cannot be so soon obtained as the necessity of the Kingdom doth require The Lords and Commons of the said Parliament now Assembled have by their Ordinance of the 6th of this present Month of November Authorized me by Warrant under my Hand and Seal to give one or more Commissions to such Captains Commanders or other
Declaration against the House of Commons was published in His Majesties Name which yet wrought little Effect with the People but only to manifest the Impudence of those who were Authors of it A forced Loan of Money was attempted in the City of London The Lord Mayor and Aldermen in their several Wards injoyned to bring in a List of the Names of such Persons as they judged fit to lend and of the Sum they should lend And such Aldermen as refused so to do were committed to Prison The Archbishop and the other Bishops and Clergy continued the Convocation and by a new Commission turned it to a Provincial Synod in which by an unheard-of presumption they made Canons that contain in them many Matters contrary to the King's Prerogative to the Fundamental Laws and Statutes of the Realm to the Right of Parliaments to the Property and Liberty of the Subject and Matters tending to Sedition and of dangerous Consequence thereby establishing their own Usurpations justifying their Alter-Worship and those other Superstitious Innovations which they formerly introduced without Warrant of Law They Imposed a new Oath upon divers of his Majesties Subjects both Ecclesiastical and Lay for maintenance of their own Tyranny and laid a great Tax upon the Clergy for Supply of his Majesty and generally they shewed themselves very Affectionate to the War with Scotland which was by some of them styled Bellum Episcopale and a Prayer Composed and Injoyned to be read in all Churches calling the Scots Rebels to put the two Nations into Blood and make them irreconcileable All those pretended Canons and Constitutions were armed with the several Censures of Suspension Excommunication Deprivation by which they would have thrust out all the good Ministers and most of the Well-Affected People of the Kingdom and left an easie Passage to their own Design of Reconciliation with Rome The Popish Party injoyned such Exemptions from the Penal Laws as amounted to a Toleration besides many other Encouragements and Court Favours They had a Secretary of State Sir Francis Windibank a powerful Agent for the speeding of all their desires a Popes Nuntio residing here to Act and Govern them according to such Influences as he received from Rome and to intercede for them with the most powerful Concurrence of the Forreign Princes of that Religion By his Authority the Papists of all sorts Nobility Gentry and Clergy were convocated after the manner of a Parliament new Jurisdictions were erected of Romish Archbishops Taxes levied another State moulded within this State independant in Government contrary in Interest and Affection secretly corrupting the ignorant or negligent Professors of our Religion and closely uniting and combining themselves against such as were Sound in this Posture waiting for an Opportunity by force to destroy those whom they could not hope to seduce For the effecting whereof they were strengthened with Arms and Munition encouraged by superstitious Prayers enjoyned by the Nuncio to be weekly made for the prosperity of some great Design And such Power had they at Court that secretly a Commission was issued out intended to be issued to some great Men of that Profession for the levying of Soldiers and to Command and Imploy them according to private Instructions which we doubt were framed for the advantage of those who were the Contrivers of them His Majesties Treasure was consumed his Revenue anticipated His Servants and Officers compelled to lend great Sums of Money Multitudes were called to the Councel Table who were retired with long attendances there for refusing illegal Payments The Prisons were filled with their Commitments many of the Sheriffs summoned into the Star-Chamber and some imprisoned for not being quick enough in levying the Ship-Money the People languished under Grief and Fear no visible hope being left but in desperation The Nobility began to be weary of their Silence and Patience and sensible of the duty and trust which belongs to them and thereupon some of the most eminent of them did Petition his Majesty at such a time when evil Councels were so strong that they had reason to expect more hazard to themselves then redress of those publick Evils for which they interceded whilest the Kingdom was in this agitation and distemper the Scots restrained in their Trades Impoverished by the loss of many of their Ships bereaved of all possibility of satisfying his Majesty by any naked Supplication entred with a powerful Army into the Kingdom and without any Hostile Act or Spoil in the Country as they passed more than forcing a Passage over the Tyne at Newborne near New-Castle possessed themselves of New-Castle and had a fair opportunity to press on further upon the King's Army but Duty and Reverence to his Majesty and brotherly love to the English Nation made them stay there whereby the King had leisure to entertain better Counsels wherein God so blessed and directed him that he summoned the great Council of Peers to meet at York upon the twenty fourth of September and there declared a Parliament to begin the Third of November then following The Scots the first day of the great Council presented an humble Petition to His Majesty whereupon the Treaty was appointed at Rippon A present Cessation of Arms agreed upon and the full Conclusion of all Differences referred to the Wisdom and Care of the Parliament At our first Meeting all Oppositions seemed to vanish the Mischiefs were so evident which those Evil Counsellors produced that no Man durst stand up to defend them Yet the Work it self afforded difficulty enough The multiplied Evils and Corruption of sixteen years strengthened by Custom and Authority and the concurrent Interest of many powerful Delinquents were now to be brought to Judgment and Reformation The King's Houshold was to be provided for they had brought him to that Want that he could not supply his ordinary and necessary Expences without the Assistance of his People Two Armies were to be payed which amounted very near to eighty thousand Pounds a Month the People were to be tenderly charged having bin formerly exhausted with many burthensome Projects The difficulties seemed to be insuperable which by the Divine Providence we have overcome The Contrarieties incompatible which yet in a great measure we have reconciled Six Subsidies have been granted and a Bill of Poll-Money which if it be duly levyed may equal six Subsidies more in all six hundred thousand pounds Besides we have contracted a Debt to the Scots of 220 thousand pounds and yet God hath so blessed the endeavours of this Parliament that the Kingdom is a great gainer by all these charges The Ship-Money is abolished which cost the Kingdom above two hundred thousand pounds a year The Coat and Conduct Money and other Military charges are taken away which in many Countries amounted to little less then the Ship-Money The Monopolies are all supprest whereof some few did prejudice the Subject above a Million yearly The Soap an hundred thousand pounds the Wine three hundred thousand pounds
the People here 's the Kingdom to be put into a posture of Defence and a Protestation to assist the Parliament against all wicked Counsellors and Malignant Opposers to the utmost hazard of Life and Estate so that there wanted only an occasion to break out into actual Arms and open Rebellion if these Requests were not Granted This was the way of Petitioning of that time For the Faction now began to be bold and daring and under the Countenance and Protection of their Patriots in the two Houses to affront the Government in the most Insolent Manner imaginable and under the Pretence of Petitioning the Commons to gather together in such tumultuous Routs and Riots as if they would bid open Defiance to the King and the Laws and in truth such an Assembly as upon this Occasion met at Blackheath to subscribe such another Petition threatning what they would do if the Bishops c. were not thrown out of the Lords House would in any other Age have been reputed a plain Rebellion as in truth it was a Prologue to it and a kind of general Muster of the Strength and Effective numbers which the several Tribes of the Schismaticks were able upon Occasion at the Beat of their Pulpit or Petition Drums to bring into the Field against the King the Laws and the Established Government It was upon the Notice of these Tumultary Proceedings and Threatnings that the Guards were raised and placed about Westminster which the Faction in the two Houses who knew by Experience the use of these Tumults took so hainoufly and lest the Well-Affected should meet any discouragement in this Scottish Presbyterian Way of Reformation and fall into the Hands of the Law and Justice they resolved to tye the Hands of Justice behind her and to bind the Laws to the Peace and Good Behaviour which otherwise would have handled these Petitioners very severely with Riotosè's and Routoses contra pacem Domini Regis Tumultuary Petitioning incouraged and protected by the Faction in the Commons House And therefore for fear of the Worst It was Ordered in the House of Commons That the Vnder-Sheriff of Surrey be injoyned not to suffer any Proceedings to be made upon an Inquisition that concerns any Persons that met to subscribe a Petition to be preferred to this House till he shall receive further Order from the House And in truth the Faction in the two Houses carried all before them with that Violence and Impetuosity that many both of the Lords and Commons seeing themselves unable to do any thing towards cooling their Heats or abating their Rigors and that who ever did in the least oppose their Proceedings inevitably drew upon himself some furious Vote or a Prison as a mark of their Displeasure withdrew themselves from the Parliament which as it gave the Faction great Encouragement so likewise it gave them opportunity to do what they pleased without control His Majesty taking notice thereof issued forth the following Proclamation to command their Attendance who were absent as follows By the KING A Proclamation for the Attendance of the Members in both Houses in Parliament HIs Most Excellent Majesty having Summoned this present Parliament A Proclamation for absent Members to attend the Parliament Dec. 12. 1641. in His princely Care of the good and Welfare of His lobing Subjects In the continuance of the same Care doth with Advice of His Privy Council by this His Royal Proclamation declare His Royal Will and Pleasure to be That all the Members of both Houses of Parliament do repair to the Parliament at Westminster at or before the Twelfth of January next and give their due and diligent Attendance in Parliament To the end that this Kingdom may fully injoy the Benefit and Happiness which His Majesty intendeth unto them by Summoning and continuing of this Parliament And of his Majesties Will and Command they are to take Notice by this His Proclamation and to give a just Observance thereunto upon such pains and penalties as by Law and Iustice may be inflicted upon them Given at His Majesties Palace of White-Hall the Twelfth day of December in the seventeenth year of his Majesties Reign God save the KING The Lords at a Conference this day with the Commons Monday Decemb. 13. agreed That the English Commissioners should have power to Treat with the Scottish Commissioners for the Raising of 10000 Men for the Service of Ireland The Commons also informed the Lords That they had taken the Request of the French Ambassador concerning banishing the Seven Condemned Priests into consideration and desire the concurrence of their Lordships that Execution may be done upon five of them viz. upon Hamond Rivers alias Abbot Walter Coleman alias Colmer Francis Tornam alias Winmore and one Frier Whereupon it was upon the Debate in the Lords House Resolved to have a Conference To know the Reasons that induced the Commons to be of Opinion that five should be Executed and two Saved In the Commons House Mr. Glyn Reported the Conference concerning the 13 Bishops that stood impeached that the Lord Keeper said That the Bishops Council insisted still upon the Plea and Demurrer and that they took exceptions to the last Conference because there was delivered to the Reporter of the Lords House the Arch-bishop of York a Paper intituled A Report made by Serjeant Wild from the Committee for the 13 Bishops He said he conceived for his part that it was the Vote of the House but to satisfie that Objection desired to know the Answer of the House I told his Lordship it passed the Vote of the House and that Paper was but as a Memorandum to the manager of that Conference and delivered by him at that time to the Reporter of the Lords House to enable him to Report but did not conceive this Vse would have been made of it or that it should have been shewed to the Bishops Council Tuesday Decemb. 14. Several invidious things proposed by the Commons at a Conference viz. a Declaration against Tolleration of the Romish Religion c. The Lord Keeper Reported this day the Conferences Yesterday with the Commons That divers Papers were read brought from the House of Commons The first Paper consisted of Motives which induced the House of Commons to make their particular Requests The second Paper was the desires of the House of Commons That the Lords would joyn with them in an humble Petition to the King against Toleration of the Romish Religion in England and Ireland and that his Majesty would make a Declaration to this purpose The third Paper was a draught of a Declaration to that purpose The Fourth Paper was a Declaration to be made by the Queen upon the Petition of both Houses to His Majesty to perswade her thereunto That for preventing of all Scandalous Reports and Apprehensions of the Queens Majesty as if she had or would favour and incourage the Rebels in Ireland His Majesty would be graciously pleased to advise
this Kingdom and as yet nothing in their Doctrine generally taught dissonant from the Word of God or the Articles ratified by Law In this Case to call their Government a perpetual Vassallage an intollerable Bondage and prima facie inauditâ alterâ parte to pray the present removal of them or as in some of their Petitions to seek the utter Dissolution and Ruin of their Offices as Anti-Christian We cannot conceive to relish of Justice or Charity nor can We joyn with them But on the contrary when We consider the Tenor of such Writings as in the name of Petitions are spread among the Common People the Tenents Preached Publickly in Pulpits and the Contents of many Printed Pamphlets swarming among us all of them dangerously exciting a disobedience to the Established Form of Government and their several intimations of the desire of the Power of the Keys and that their Congregations may Execute Ecclesiastical Censures within themselves We cannot but express our just Fears that their desire is to introduce an absolute Innovation of Presbyterial Government whereby We who are now governed by the Canon and Civil Laws dispensed by Twenty six Ordinaries easily responsible to Parliaments for any deviation from the Rule of the Law conceive we should become exposed to the meer Arbitrary Government of a numerous Presbytery who together with their Ruling Elders will arise to near forty thousand Church Governors and with their adherents must needs bear so great a sway in the Common-wealth that if future inconvenience shall be found in that Government we humbly offer to consideration how these shall be reducible by Parliaments how consistent with Monarchy and how dangerously conducible to Anarchy which We have just cause to pray against as fearing the Consequences would prove the utter loss of Learning and Laws which must necessarily produce an Extermination of Nobility Gentry and Order if not of Religion With what vehemency of Spirit these things are prosecuted and how plausible such Popular Infusions spread as incline to a Parity we held it our Duty to represent to this Honourable Assembly and humbly pray That some such present Course be taken as in your Wisdoms shall be thought fit to suppress the future dispersing of such dangerous discontents among the Common People We having great Cause to fear That of all the Distempers that at present threaten the welfare of this State there is none more worthy the mature and grave Consideration of this Honourable Assembly then to stop the Torrent of such Spirits before they swell beyond the bound of Government Then We doubt not but His Majesty persevering in his gracious Inclination to hear the Complaints and relieve the Grievances of his Subjects in frequent Parliaments it will so Vnite the Head and the Body so indissolubly Cement the Affections of his People to our Royal Soveraign that without any other Change of Government He can never want Revenue nor Wee Justice We have presumed to annex a Copy of a Petition or Libel dispersed and certain positions Preacht in this County which We conceive imply Matter of a dangerous Consequence to the Peace both of Church and State All which We humbly submit to your great Judgments Praying they may be read And shall ever Pray c. Subscribed to this Petition Four Noblemen Knights Baronets Knights and Esquires fourscore and odd Divines threescore and ten Gentlemen three hundred and odd Free-Holders and other Inhabitants above six thousand All of the same County It was this Day moved E. of Salisbury hath leave to follow some Business in the Commons House That the Earl of Salisbury having some business depending in the House of Commons and his Lordship desires being a Peer he may have leave of this House to follow it which the House Granted Then the Lords Commissioners Reported That this Morning they met with the Scots Commissioners who delivered them this Paper following with a desire that they might have a speedy Answer therein for that they are to send Letters away presently to Scotland The Paper was this It is now 20 Daies since We came hither A Scottish Paper complaining of Delayes in the Treaty for Relief for Ireland and a Forthnight since We begun this Treaty and there is no one of our Propositions answered therefore lest those that sent us and expected an Answer from us against the 8th of this Month should impute it to us we earnestly desire and expect an Answer to our Propositions given that we may give in the rest and be at a point this Day or to morrow and in Case of further Delay we demand that since the 8th of this Month at which time we should have sent Answer into Scotland to the end of the Treaty we may have Entertainment for the 2500 Men we have kept up for this Service otherwise we must send into Scotland that they may be disbanded A Message was brought from the House of Commons by Mr. Hollis A Message to the Lords by Mr. Hollis to press them to expedite the Affairs of Ireland to desire a Conference by a Committee of both Houses touching the Declaration the Propositions from the Scots the Bill for pressing of Soldiers for Ireland without which they say Men cannot be raised for that Service And further he said That the House of Commons do make this Declaration that they have done what they can to further the Relieving of the miserable and distressed Estate of the Protestants in Ireland and they do clear themselves of the Blood and Miseries which will follow if Expedition be not done speedily to those means that may relieve them To which their Lordships answered That they would give a present Meeting touching the 2 first Propositions and will consider of the rest and expedite them with all speed Next a Letter was read from Sir John Temple at Dublin The contents of Sir John Temple's Letter from Ireland to the Lord Lieutenant of Ireland the principal Matters of which were That Succors come so slowly out of England That the whole State of Ireland suffers and the Kingdom is likely to be lost by the slow Proceedings of sending over Men Arms and Money That the Lords of the Pale refuse to come to the Council That the Rebels are in a Body within 6 Miles of Dublin and that the Lords Gormanston Slane and Lowth have Correspondency with the Rebels That Provisions will be cut off from them at Dublin therefore they desire speedy Succors from England After which the King 's Answer to the Petition and Remonstrance was read as followeth My Lords and Gentlemen IN answer to your Petition concerning Our Speech to the two Houses of Parliament the 14th of December The King's Answer to the petition concerning breach of Privilege by his Speech First We do declare That We had no Thought or Intention of breaking the Privileges of Parliament neither are We satisfied That Our being informed of any Bill transmitted by the House of Commons to
Faithful endeavours may be any way useful we shall be most ready at all occasions to contribute the same 15th of Jan. 1641. Ja. Primrose The very same Paper Verbatim was 〈◊〉 their request presented to the Lords by the Lord Lieutenant of Ireland After the reading of this Paper Sir Philip Stapleton Mr. Long and Mr. Arthur Goodwin were Ordered to return thanks from the House of Commons to the Scotch Commissioners for their good Affections Exprest to this State and Parliament and likewise to desire to know of them what it is that they have sent unto his Majesty by way of Advice To which Sir Philip Stapelton brought this answer That most of the Commissioners were gone from the place of Meeting not expecting any Message from this House besides they have not as yet sent the Paper to the King by reason they could not get Post-Horses and till such time as his Majesty hath first received the same they conceive it not so fit it should be made known But upon Monday morning they make no doubt to give this House full satisfaction I know no reason I have to make the Reader stay till Monday whose Expectation may be as willing to be gratified with a sight of this Paper as the House of Commons were and therefore I present him with it as followeth To the King 's most Excellent Majesty The Humble desires of the Commissioners of his Majesties Kingdom of SCOTLAND WE your Majesties humble and faithful Subjects The Petition and advice of the Commissioners of Scotland to the King by way of Mediation considering that the Mutual Relation betwixt your Majesties Kingdoms of Scotland and England is such as they must stand or fall together and the disturbance of the one must needs disquiet and distemper the Peace of the other as has been often acknowledged by them both and especially in the late Treaty which is ratified in Parliament and confirmed by the publick Faith of the Estates of your Majesties ancient and Native Kingdom of Scotland so that they are bound to maintain the Peace and Liberties of one another being highly concerned therein as the assured means of the safety and preservation of their own And finding our selves Warranted and obliged by all means to labour to keep a right Vnderstanding betwixt your Majesty and your People to confirm that Brotherly Affection betwixt the two Nations to advance their Vnity by all such ways as may tend to the Glory of God and Peace of the Church and State of both Kingdoms and aykways to proffer our service for removing all Jealousies and mistakes which may arise betwixt your Majesty and this Kingdom and our best endeavours for the better Establishment of the Affairs and quiet of the same that both your Majesties Kingdoms of Scotland and England may be Vnited in the enjoying of their Liberties in Peace under your Majesties Scepter which is the most assured Foundation of your Majesties Honour and Greatness and of the security of your Royal Person Crown and Dignity We have taken the Boldness to shew your Majesty that we are heartily sorry and grieved to behold these Distractions which increase daily betwixt your Majesty and your People and which we conceive are entertained by the wicked Plots and Practices of Papists Prelates and their Adherents whose aim in all these Troubles has not been only to prevent all further Reformation but also to subvert the Purity and Truth of Religion within all your Majesties Kingdoms for which end their constant Endeavours have been to stir up Divisions betwixt your Majesty and your People by their Questioning the Authority of Parliaments the lawful Liberties of the Subjects and real Weakning your Majesties Power and Authority nay all upon pretence of Extending the same whereof by Gods Providence being disappointed in your Majesties Kingdom of Scotland these have now converted thir Mischievous Councels Conspiracies and Attempts to produce these distempers in your Majesties Kingdoms of England and Ireland And therefore according to our Duty to your Majesty to testifie our Brotherly Affection to this Kingdom and acquit our selves of the trust Imposed in us We do make offer of our humble Endeavours for composing of these differences And to that purpose do beseech your Majesty in these Extremities to have Recourse to the sound and faithful advice of the Honourable Houses of Parliament and to repose thereupon as the only assured and happy means to Establish the Prosperity and quiet of this Kingdom And in the depth of your Royal Wisdom to consider and prevent these Apprehensions of Fear which may possess the Hearts of your Majesties Subjects in your other Kingdoms if they shall conceive the Authority of Parliament and the Rights and Liberties of the Subject to be here called in Question And we are confident that if your Majesty shall be graciously pleased to take in good part and give Eare to these our humble and faithful Desires that the success of your Majesties Affairs howsoever perplexed shall be happy to your Majesty and joyful to all your People over whom that your Majesty may long and prosperously Reign is the Fervent and Constant Prayer of us your Majesties Faithful Subjects and Servants It was likely to come to a hopeful issue for his Majesty and all his Loyal Friends when those who had by Rebellion wrested from him so great a share of his Sovereignity and Regal Authority undertook to be Umpires and Mediators in a difference to which they were Principal Parties and to compose those differences which the Faction following their Example were resolved should be determined by no other terms of Accommodation then his Majesties parting with the Sword which Guarded his Septer and which they were resolved either to have or to force it from him by the down-right strength of a most deep rooted and formidable Rebellion But what thanks soever they had for this officious diligence from the King they received many thanks from both Houses for the affection expressed to the Kingdom in the advice which they gave the King in this Paper which was mightily to the Grace of the Faction and Tuned to the humor of the Times which charged all the Miseries and Distractions upon the King 's refusing the sound advice of his great Council the Parliament This day an Order was made in the Lords House Munday January 17. The Lo. Nettervile's Son ordered to be brought before the Lords for the bringing up to the Lords in Parliament Mr. Thomas Netterville Son to the Lord Neterville who was stayed in Chester by the Mayor of the place upon Suspicion and the Lord Admiral was Ordered to write to the Mayor thanks from the House of Lords for his care in staying the said Mr. Netterville Then the Lord Duke of Richmond Reported the King's Answer to the Message delivered to him Jan. 15th The King's Answer to the Bill for adjournment Hull c. 1. Concerning his Majesties Assent to be given to the Bill for the Adjourning of the Parliament
from Westminster to London or any other Place his Majesty saith he will take further time to consider of it 2. That his Majesty hath Signed a Warrant to the Earl of Newport Master of the Ordnance for issuing out of Arms and Ammunition and Transporting them for Ulster as is desired 3. And as touching the securing of the Town and Magazine of Hull His Majesty conceiveth he hath formerly given a satisfactory Answer After which the Lord Keeper signified That the King had Commanded him to deliver this Message to both Houses of Parliament to let them know that there hath been much Powder Arms and Ammunition issued out of the Stores for the Supply of the occasions of Ireland and his Majesty hopes that both Houses will take care the Stores be replenished for the security and defence of this Kingdom Which was Communicated to the House of Commons A Message was brought up from the Commons by Sir John Evelyn to desire That the Army and Ordnance at Fox-Hall at Lambeth-House at the Arch-Bishop of Yorks and at the Bishop of Winton 's Houses may be removed to London and kept there in safe Custody Also the House of Commons presented their Lordships with an Order for Guards which they desired their Lordships to join with them in The Order was read as followeth An Order and Declaration of the Lords and Commons in Parliament for the providing of Guards and other necessary Defence for the Safety of his Majesty the Parliament and Kingdom FOrasmuch as the necessity of providing Monies and other supplies for the present relief of Ireland An Order for Guards c. and for defence of this Kingdom requireth the speedy Care and Consideration of both Houses of Parliament and for that it appears by many wicked Practises and Designs that have been lately discovered that the said Houses cannot sit in safety without strong and sufficient Guards from the City of London and parts adjacent It is therefore Ordered and Declared by the Lords and Commons Assembled in Parliament That there be necessary Guards raised out of the City and Parts Adjacent and the same to be in Order for the Defence and Safety of the King Parliament and Kingdom And it is declared by the said Lords and Commons That for the providing of Guards and other necessary Defence for the purpose aforesaid as well the Sheriffs of the City of London and Middlesex as of all other Counties of this Realm may and ought to raise the Posse Comitatus and in case they fail of their Duties herein which they are accountable for to God the King and the Parliament then every good Subject may and ought in their Duties to God their King and Country * * Now they made the Design of that wicked and insnaring Oath appear by their Solemn Oath of their late Protestation to maintain and defend to the uttermost of their Power the Person of his Majesty and of every Member of each House of Parliament being the Persons whom they have intrusted with their Lives Liberties and Fortunes from all Force and Violence whatsoever And the said Lords and Commons do farther declare That the Sheriffs of London and Middlesex as well within the City as without and that for the Safety of the King Kingdom and Parliament which is now in imminent and apparent Danger the Commission of the Lord Mayor being but a Commission of Lieutenancy and Illegal the Lord Mayor Aldermen and common-Common-Council or the greater number of them ought to make use of the Train'd Bands or any other Forces of the City for the preserving of the Peace of the Kingdom Person of his Majesty and all the Members of Parliament from violence and dangers both within their Limits and without And that there being yet no declaratory Law for the Regulating of the Militia of the Kingdom though in Agitation in Parliament the said Lords and Commons do declare That in this pressing and extraordinary Occasion the Lord Mayor Aldermen and common-Common-Council of the City of London or the greater number of them ought to appoint such Officers that the necessary Guards and Forces aforesaid may be governed in a due and orderly manner and that the Officers aforesaid may beat up their Drums for the safety of his Majesty the Kingdom and Parliament and that the performance of the Premisses shall be taken for a good and acceptable piece of Service to both Houses of Parliament And it is further Ordered and Declared by the said Lords and Commons That Captain Skippon shall be Sergeant Major General of the City Forces until the City resolve to the Contrary and not to depart from this Service upon any Command or Counter-mand until Order be taken by the Parliament and he shall have Power if violence be offered to make defence or offend and that all the Train'd Bands both of London and Westminster and the Parts Adjacent and all the Captains and Officers of the said Bands shall be Commanded by him and receive Orders from him from time to time for beating the Drums or Service and all Soldiers thereupon under his Command shall resort to their Colours in Arms without expecting further Order from the Lord Mayor And that all Citizens or others that will mount themselves on Horseback shall be under the Command of the said Sergeant Major Skippon and that Ammunition of all sorts shall be issued out of the Chamber of London in such a proportion as he shall think fit and direct And it is further Ordered and Declared by the said Lords and Commons That whereas there is a Committee chosen of the common-Common-Council of the City of London to Treat and Confer with a Committee of the House of Commons touching the safety of the King and Parliament City and Kingdom That the Persons of the said Committee of the common-Common-Council shall not be apprehended or otherwise restrained without the leave of the Commons House of Parliament first obtained during the time that they shall be Committees for the business aforesaid for any thing done or to be done in pursuance thereof and that none of the said Committee of the said Common-Council presume to depart out of the said City to any place upon any Intimation whatsoever without leave first obtained from the said Committee of the common-Common-Council or the greater part of them And lastly it is Declared and Ordered by the said Lords and Commons That all Actions of the said Citizens of London or of any other Person whatsoever for the Defence of the Parliament or the Privileges thereof or for the preservation of the Members thereof are according to their Duty and their Protestation and the Laws of this Kingdom and if any Person shall Arrest or Trouble any for so doing he is declared to be a violater of the Liberty of the Subject and of the Rights and Priviledges of Parliament and a Publick Enemy of the Common-wealth To this Message and Declaration this Answer was given That their Lordships will take it into Consideration
whatever opinion others may have of such half-faced Historians I cannot conceive but that even the Cause of Protestancy which these Persons pretend so much to Patronize does extremely suffer by their manifest Partiality There is not any one particular which hath been Exaggerated with more vehemence then the Cruelty of the Rebels by Sir John Temple Dr. Borlase and others and doubtless their Cruelty was strange and barbarous but then on the other side there is not the least mention of any Cruelty exercised upon the Irish or of the hard measure they received from some of the Board in Ireland who were of the Parliamentarian Faction and Scottish Religion which rendred them desperate and made the Rebellion Universal they take no notice of the Severities of the Provost Martials nor of the Barbarism of the Soldiers to the Irish which was such that I have heard a Relation of my own who was a Captain in that Service Relate that no manner of Compassion or Discrimination was shewed either to Age or Sex but that the little Children were promiscuously Sufferers with the Guilty and that if any who had some grains of Compassion reprehended the Soldiers for this unchristian Inhumanity they would scoffingly reply Why Nits will be Lice and so would dispatch them And certainly as to acknowledge an undeniable Truth does in no manner Excuse the barbarous Cruelty of the Rebels so to deny or smother Matters of Fact so easily to be proved even by many Protestants still alive has given the Papists the advantage to bring into Question especially in Foreign Courts and Countries the truth of all those inhumane Cruelties which are charged upon them by such Writers as are found Guilty of such manifest Partiality It is most evident that the Lords Justices Parsons and Borlase did by their Authority Command many things which did not only Exasperate but render the Irish Desperate as will appear by several of their own Letters and publick Acts of State and that in the first Eruption of the Rebellion they had a greater Eye to the Forfeitures of the Rebels Estates then to use such means as might by the hopes of Pardon induce the better sort of the Nobility Gentry and Freeholders to hear Reason and to come in and submit themselves to His Majesties mercy though they had express direction from the King and the Two Houses so to do and it is no less notorious that Sir John Temple in writing his History was bound by Confederacy to assert the proceedings of the then Lords Justices and I cannot find him high in Reputation with the prevailing Usurpers of the Parliamentarian Faction and by them impowered as a Commissioner to impose upon the Protestant Subjects of Ireland that Traiterous Disloyal and Detestable Solemn League and Covenant which was a direct Oath of Confederacy not only against but purposely to Ruin and Destroy the King the Church and the Loyal Party I cannot observe his Book to be Printed in London by publick Allowance in the Year 1646 at a time when no Books were licensed but such as made Court to the prevailing Faction of the Usurpers or which might be helpful to support their Calumnies against His Majesty especially as to the Irish Rebellion I cannot find him decrying the Cessation of 1643 without too just a suspition of his Integrity and that his Biass was too strong to that Party to which he was a Confederate to expect from him an account of those Affairs without the apparent Guilt of prejudice and partiality The late Earl of Orrery cannot escape the like suspition with any Person that considers him Exercising the Talent of his Eloquence in perswading the notorious Rebel Cromwel to Establish his Usurpation by fixing the Royal Diadem the Imperial Crown of these Realms upon his infamous Head nor is it possible to look upon him as an impartial Writer who in the blackest of times rendred himself by his Services to the Usurper so notoriously Conspicuous to the Three Kingdoms being during that gloomy Scene of our Gracious Sovereign's Banishment Lord President of Munster in Ireland President of the Council of Scotland and in England a Lord of the other House in one of the Usurpers mock-mock-Parliaments and to instance in another of his Titles thô not so Illustrious he was Agent for the Fanatiques Established by Cromwel in the Estates of the Irish who repenting of their folly had served His Majesty against the English Rebels at that time when he writ that Treatise which is so warmly answered by Peter Walch As for Dr. Borlase besides the nearness of his Relation to one of the Lords Justices and his being openly and avowedly a favourer of the Faction and the Men and Actions of those times he is an Author of such strange inconsistency that his Book is rather a Paradox then a History and it must needs be so for I know not by what accident the Copy of a Manuscript written by the Right Honorable the late Earl of Clarendon happening to fall into his hands he has very unartfully blended it with his own rough and unpolished heap of Matter so that his Book looks like a curious Imbroidery sowed with coarse thread upon a piece of Sackwebb And truly had he no other Crime but that of a Plagiary it is such a sort of Theft to steal the Child of anothers Brain that may very well render him suspected not to be overstockt with Honesty and Justice so necessary to the Reputation of an unblemished Historian but it is far more unpardonable to castrate the Lawful Issue of another Man's Pen and thereby disable it from propagating Truth and to teach it to speak a Language which the Parent never intended And yet this is the exact Case of Dr. Borlase's History in which he has taken great Pains to expunge some and alter many Passages which he thought were too poignant against his Favourites or spoke too much in Vindication of his late Majesty and his Ministers as in divers particulars hereafter the Reader will observe The World is threatned with a History from another hand which when ever it comes will lie under the same disadvantages with these former Authors and if it may be prejudged by a Specimen already made Publick it will not be very fortunate in the World nor fail of being Sifted and Exposed if it does deserve it by straying from the Road of Truth and leading the World into the Crooked Meanders of Erroneous Partiality And now having given an account how sensible I am of the mistakes and failings of those who have travailed before me in these Irish Transactions I am to acquaint the Reader that my Intention is to Winnow the truth out of their Writings but not to follow them further then good Authority concurring with them shall incourage me and that I have no intention to disclaim any thing in them but such things as are either mistaken or misrepresented in matter of Fact or Written with the strong bent of Partiality purposely
breach of and contrary to the Lawes and Statutes of this Realm in that behalf established 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said Oppressions in his Majesties Name and as by his Majesties Royal Command he the said Earl in May the 15th Year of his Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of his Majesties Royal Commands but submit themselves in all Obedience thereunto Which Oath he so contrived to enforce the same on the Subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a Discontent with his Majesty and his Government there and compelled divers of his Majesties said Subjects there to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and Exiled and namely the 10th of October Anno Dom. 1639. he fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and Imprisoned them for not paying the said Fines The said Henry Steward's Wife and Daughters and James Gray being the Kings Liege People of the Scottish Nation and divers others he used in like manner And the said Earl upon that occasion did declare That the said Oath did not onely oblige them in point of Allegiance to his Majesty and acknowledgment of his Supremacy only but to the Ceremonies and Government of the Church established or to be established by his Majesties Royal Authority and said That the refusers to obey he would prosecute to the blood 20. That the said Earl in the 15 and 16 Years of his Majesties Reign and divers years past laboured and endeavoured to beget in his Majesty an ill Opinion of his Subjects namely those of the Scottish Nation and divers and sundry times and especially since the Pacification made by his Majesty with his said Subjects of Scotland in Summer in the 15th Year of his Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke his Majesty to an Offensive War against his said Subjects of the Scottish Nation And the said Earl by his Counsel Actions and Endeavours hath been and is a principal and chief Incendiary of the War and Discord between his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty That the Demand made by the Scots in this Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancor of his mind towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15 year of his Majesties Reign he said that the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning his Majesty to send him back again he would root out of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said Oath in the Precedent Article onely excepted and the said Earl hath caused divers of the said Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War 21. That the said Earl of Strafford shortly after his Speeches mentioned in the last precedent Article to wit in the fifteenth year of his Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy At his arrival here finding that his Majesty with much wisedom and goodness had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all means to procure his Majesty to break that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majesty to an offensive War against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that War he counselled his Majesty to call a Parliament in England yet the said Earl intended if the said proceedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous designs he would then procure his Majesty to break the same and by ways of Force and Power to raise Monies upon the said Subjects of this Kingdom And for the incouragement of his Majesty to hearken to his advice he did before his Majesty and his Privy-Councel then sitting in Councel make a large Declaration that he would serve his Majesty in any other way in case the Parliament should not supply him 22. That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a War against the Scots And gave directions for the raising of an Army consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Radcliffe did together with him the said Sir George Trayterously conspire to employ the said Army for the ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the Fundamental Laws of this Kingdome And shortly after the said Earl of Strafford returned into England and to sundry persons declared his opinion to be That his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and man if he took some other courses to supply himself though it were against the will of his Subjects 23. That upon the thirteenth day of April last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of this Kingdome both in respect of Religion and the publick liberty of the Kingdome and his Majesty referring chiefly to the Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure his Majesty by sundry Speeches and Messages to urge the said Commons house to enter into some resolution for his Majesties Supply for maintenance of his War against his Subjects of Scotland before any course was taken for the relief of the great and pressing Grievances wherewith this Kingdom was then
Behaviour and Eloquence between the Extremes of Baseness and Dejection and the vanity of Disdain or Ostentation as raised an admiration of him even in his very Enemies The first Witness that was produced was Sir Pierce Crosby Witnesses Sir Pierce Crosby set aside for the present against whom the Earl excepted as having been sentenced in the Star-Chamber in Ireland for Conspiring to take away his Life for breaking Prison and making his Escape from which Circumstances it was probable he might be Transported by the desire of private revenge beyond the bounds of Truth and Publick Justice so that for the present he was set aside Then Sir John Clotworthy was sworn Sir John Clotworthy all that he deposed was that Sir George Radcliff being a teller of the No's in a Vote of Parliament to which he had given his Negative contrary to the Mind of the Earl who had a desire the Bill should pass Sir George asked him if he had not a Lease in such a place to which he answering yes Sir George replyed remember that That as to Sir Pierce Crosby's imprisonment he did apprehend it was for giving his Vote contrary to the Lord Lieutenant's mind for that he heard Sir George say to him after he had Voted this is not Privy Counsellor like or to that Effect The Lord Ranulagh deposed that Sir Pierce Crosby was by the Opinion of the Board sequestred from the privy-Privy-Council for Voting against a Bill transmitted by the Lord Deputy and Council to the Parliament Lord Ranulagh The Lord Mountnorris deposed to the same Effect Lord Mountnorris and that he was Sequestred from the Council by the Voices of the Board among which the Earl gave his Mr Nicholas Barnwell deposed that for his differing in Opinion in the Parliament from Sir George Radcliff Nic. Barnwell Sir George asked him if his House would hold 500 Men to which he smiling answered you know how many my house will hold whereupon Sir George replyed it was no laughing matter and that he should have 500 men laid upon him but this upon the Earl's Question he said was spoken when the Earl was out of the Kingdom upon which Mr. Pym made this prity Observation That the Spirit of my Lord Strafford could move in Sir George Radcliff wheresoever it was spoken as if a man could commit Treason had it been such by his Proxie The next thing was about oppressing the Subjects of Ireland Mr. Egor a Witness and particularly the City of Dublin by quartering Soldiers upon them to which Mr. Egor was sworn deposed that the City of Dublin is put to 55 l. per mensem for billetting of Horse which the Earl avoided by the Practice of his Predecessors in the like Case which the Witness confessed as to Foot Guards The Managers then desired the Remonstrance from Ireland might be read which the Earl opposed as being New matter and not in the Charge but come over since his Impeachment to which they replyed that the Subverting of Laws and Corruption of Government was in general laid and they produce this to prove his answer Untrue as to his Integrity in the Administration whereupon the Lord Baltinglass and Lord Digby of Ireland vouching the Truth of the Copy it was read in haec Verba To the Right Honourable the Lord-Deputy The Humble and just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled Shewing THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a Principal Study and Princely Care of his Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful people of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared That by the means thereof and of the most Prudent and Benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a Flourishing Estate whereby the said people were heretofore enabled to answer their humble and natural desires to comply with His Majesties Princely and Royal Occasions by their free Gift of 150 Thousand Pounds Sterling and likewise by another free Gift of 120 Thousand Pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of 40 Thousand Pounds and their free and chearful Gift of Six entire Subsidies in the 10th Year of His Majesties Reign which to comply with His Majesties then Occasions signified to the then House of Commons They did allow should amount in the Collections unto 250 Thousand Pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the four intire Subsidies granted in this present Parliament So it is May it please Your Lordship by the occasion of the insuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is less able to pay Subsidies than it was heretofore to satisfie all the before recited great Payments And His Majesties most Faithful people of the Land do conceive great fears that the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are perswaded is contrary to His Royal and Princely intention towards His said people some of which said Grievances are as followeth 1. The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Vsage and Censures Merchants are beggered and both disinabled and discouraged to Trade and some of the honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and the Lord Deputy and infinite other Judicatories upon reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursevants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a considerable part of his Revenue upon Original Writs and otherwise and the Subject loseth the benefit of his Writ of Error Bill of Reversal Vouchers and other Legal and just Advantages and
deposed positively the Words in the Charge The Lord Gorminstone also deposed that he heard the Earl speak those words at another time in open parliament Lord Gorminstone and that the Commissioners who drew the Instructions for the Government of Ireland were a Company of narrow hearted Commissioners The Lord Kilmallock deposed the same Sir Pierce Crosby deposed the same Lord Kilmallock Sir Pierce Crosby My Lord of Strafford after a quarter of an hours respite made his Defence That he had observed the Natives of Ireland have not been Prepitious to their Governours he instanced in Sir John Perrot on their Testimonies attainted of Treason in a legal Ordinary way who lost his Estate though not his Life and yet after it was confest there was little truth in the Accusation My Lord Faulkland had the same treatment being informed against by the same Witnesses Sir Pierce Crosby and Lord Mount-Norris and yet it appeared he had dealt as Honourably Justly and Nobly to his Vnderstanding as any man could do That it was impossible but in the way of Justice a Governour must give Offence to many which he intreated their Lordships to consider He said That though the words were spoken yet were they not Treason and had they been Treason yet by Proviso of Stat. of Ed. 6. the Information ought to be within 30 dayes He instanced in the Lord Cook in Calvin's Case 20 H. 6.8 Dyer 360. to prove that the Laws and Customs of Ireland are diverse from the Lawes of England That he should do Extreamly ill to the Honour of the English Nation and to the memory of divers of their Lordships Ancestors if he should not say and think that Ireland is a Conquered Nation He instanced in the Stat. 11 Eliz. where at the Attainder of Shan Oneal the samous Rebel it is said that all the Clergy were assembled in Armagh at the time of the Conquest That King Henry the Second is in the Statute called the first Conqueror of Ireland That all Histories acknowledg it That he spoke the Words to magnifie the King's Grace and Goodness and that there was then no offence taken at them For the other words That the King might do with them what he pleased let them relate to the Conquest and there is no Offence in them As to the words spoken to the Recorder of Dublin he did with the greatest assevetarion utterly deny the speaking of them Mr. Slingsby his Secretary averred the same and that the first words were so well taken that he was thereupon invited to the Mayor's House at a publique Entertainment To their Charters being void he said it was Evident they were so in point of Law as he was informed by the King's Council for their Non-performance of the Trust reposed in them appealing to my Lord of Cork that the reason of it was that most of the Aldermen were Recusants and would Plead their Charters against the Orders of the Board by which means many great disorders were continued The Managers Urged That this justified a part of the Charge that Charters were judged by the Board whereas the Council-Table hath no such Power The Earl replyed It was not to judg their validity but whether ill Vsage and Extortion were not practised under colour of them and that they were complained of as grievances in Parliament Lord Dillon which the Lord Dillon averred to be true To which the Earl added That he did it in favour of the Protestants who were by these Charters depressed by the Roman-Catholicks and that he looked upon this which was objected as a Crime as a service to the Protestant Religion He said it would perhaps be well known hereafter when he was in his Grave that his great fault was his great zeal to bring them to conform to the Church of England That notwithstanding this they still enjoy their Charters and for his saying Ireland was a conquered Nation it was upon the Occasion of pressing them to supply the Crown for that if the Kingdom of England should still be put to the Charge and the whole Expence rest on the Conqueror you might very well think you are so dealt with as never any other Conquered Nation had been adding There were Copies of his Speech that would justifie what he said and that the Speech was in Ireland That my Lord Ormond told him it was ill resented To which he answered Truly my Lord you are a conquer'd Nation but you see how I speak it and no otherwise The Lord Dillon averred Lord Ranulagh Sir George Wentworth that he stood under the Cloth of State but did not hear the words That they should expect Laws as from a Conqueror The Lord Ranulagh remembred the first words but not their last Sir George Wentworth said That he brought the Speech to the King and in that there was no such word The Managers then Urged That though this was not in that Speech yet some thing was then spoken though in a milder sence but it was spoken after upon Occasion of a Petition delivered by the Commons after they had given the King the Subsidies concerning their Laws To this Mr. Fitzgarret deposed That there was such a Petition Fitzgarret and that there was an answer given either at the Board or in full Parliament from the House of Lords but he does not remember any part of it but afterwards the Earl affirming it was at the Board and not in Parliament he said he conceived there were two Petitions one to the Council another to the Parliament about redress of Grievances but remembers not the Answer But the Lord Gorminstone spoke positively then Lord Gorminston That it was in Parliament upon the Occasion of that Petition wherein as my Lord Strafford observed he contradicted himself having before fixed it on the Speech in the beginning of the Parliament upon Petition of the Commons desiring the benefit of some Graces his Majesty had been pleased to confer on them The Lord Killmallock deposed it was in Parliament Lord Killmallock 3 or 4 dayes after the delivery of that Petition Then the Statute of 28 H. 6. King James's Instructions 1622 and a Proclamation upon them were read dated November 1. 1625. whereby it was Ordered That no private Causes should come before the Board but be referred to their proper Courts Then the 4th Article was read being concerning the Lord of Cork's being disseized of an Impropriation and saying Lord Ranulagh That an Act of State should be as binding as an Act of Parliament The Lord Ranulagh deposed That the Cases of the Church and Plantations were in the times of former Deputies Resolved at the Board and that he never knew any other Titles determined there But the further Disquisition was put off till the next day Upon Friday the Earl of Cork was Examined and deposed Friday Mar. 26. Earl of Cork That the Lord Deputy presented one Arthur Gwyn formerly Groom to the said Earl of Cork to a
think fit and to direct a Course for the Licensing the Sale thereof to the best improvement yet so as to take care to prevent the bringing in Vnsound Tobacco Then he offered the Contract of Carpenter Bartholomew Peatly and others for 11 Years at 5000 l. the first 5 Years and 10000 l. the Six last freed from Custom and paying only 3 d. Impost In which he did nothing but with the assistance of the Council there That there was an Act of Parliament in agitation to settle it in the Crown That he always judged a Proclamation Lawful till a Parliament confirms it As to the Punishments they were for Perjury and in terrorem and where it is objected That it is not sold at Reasonable Rates the Contractors are to Justifie themselves and he doubts not but they can That to the vast profit of 100000 l. it is admirable for at his coming away the Contractors were 6000 l. out of purse and for his gains by the Customs he dealt freely they were about 4 5 or 6000 l. per annum better then the Rent which he thinks is not considerable in the Charge of Treason He told their Lordships that he could not give a particular account the Ministers had been so dealt withal laid in prison and abused if you will speak of a Tyrannical and Arbitrary way of Government At which Expression exceptions were taken but he explained it of Ireland not of things here for which he produced two Orders for the seizure of his Goods concluding it was at worst but a Monopoly and that he never heard was judged Treason To which Mr. Maynard replied Managers Reply That this was no good service to His Majesty that when the Commons shall desire something may be done therefore any thing may be done and that it was never their Intention to put such Cruelties upon the Subject that his Majesties Letter was upon misinformation that if it had been so a Monopoly set up in England could not justifie the setting up one in Ireland that his Crime was the greater by endeavouring to justifie it under a name so Sacred as his Majestie 's That though a Proclamation hath a Temporary Power yet not to take away the Goods of the Subject This Day the 13th Article was read Article 13. Thursday April 1. Article was read wherein the Earl of Strafford was Charged with putting the Natives of Ireland upon working of Flax in a way unknown to them and seizing their Goods upon pretence of their disobeying his Orders to his own Vse whereby Thousands were undone To prove this his Proclamations were read as also a Warrant to one Benjamin Croky and his Deputy Witnesses Benjamin Croky Sir John Clotworthy to seize all Yarn made contrary to Proclamation To this Benjamin Croky sworn deposed That he did seize Yarn and it was taken from him by one Joseph Carpenter who converted it to my Lord's Looms Sir John Clotworthy deposed That he saw the Proclamation and Warrant being a Justice of Peace and Examined several People who were abused which Examinations he sent to the Lord-Deputy for which he was severely threatned and hardly Escaped being sent for by a Serjeant at Arms that upon these Proclamations the Markets were deserted and they sold it privately to avoid seizure thereupon the Officers came to him for assistance and threatned the Constables and broke open Chests that he took away the Yarn from them and restored it to the Proprietors That this made great Disorders and many People were starved losing all they had provided for their half Years Rent The Lord Ranulagh deposed That at Athlone Complaints were made to him of one Dennis who had seized a great quantity of Yarn that conceiving it an abuse he sent a Gentleman to inform the Lord Deputy to whose Intention he thought this proceeding not agreeable and that my Lord withdrew the Warrants Then part of the Remonstrance of the Commons in Ireland was read shewing That the Pursivants by seizing the Yarn destroyed the Market that the Merchants meeting the People at private Houses they way-layd them and took away their Yarn and Cloth seizing on all not leaving the poor people so much as to cover their nakedness That they took away their Iron Pots upon a pretence of another Proclamation and by this cruelty exceeding Pharoah their poor Children were forced to eat Grass with the Beasts where they lay down and died by Thousands as will be proved by 20 Thousand That the Judges procured the Lord Lieutenant to Recall the aforesaid Proclamations Mr. Fitzgarret deposed Mr. Fitzgarret That Yarn and Cloth were the staple Commodities of Ulster that the Proclamation and Execution of it impoverished that whole Province That the Officers used extreme cruelty and that one Dr. Cook told him he thought in his Conscience many Thousands were Famished To this the Earl answered The Earl's Defence Here was something like oppression but nothing like Treason That the Intention of these Proclamations was the Improvement of the Manufacture for the good of the Kingdom and to take away abuses That however the Proclamations are not his single acts but of the Deputy and Council That he conceives they had Power to bring them to the English Customs as in other Cases of drawing by the Horse tails burning the straw to get out the Corn and such Irish Customs That his principal design was to prevent the prejudice of the Woollen Manufacture of England the Wool of Ireland increasing and he thought to set up the Linnen Trade would advance Ireland and not prejudice the clothing Trade of England That he lost 3000 l. by attempting it that he cannot be accountable for the abuses of the Officers of whom Croky was the chief now a Witness against him as my Lord Ranulagh has informed their Lordships That he cannot conceive so many Thousands should be starved by his Looms when the whole yearly value came not to above 16 or 1700 l. He is sorry for that Remonstrance of the Commons thinking he had merited a better opinion from that Kingdom and having a little fortune there honestly got could not but wish well to it and he hoped when misinformations were cleared still to regain their good esteem where to the best of his Conscience he had done Justice and deserved well That Mr. Fitzgarret speaks by Report which is no proof and the Commons Remonstrance being but a Charge and not upon Oath he conceives cannot be the proof of a Charge concluding as he began That there might be oppression in the Execution but nothing of Treason in himself or the rest of the Council Mr. Maynard replyed That he was still striking the same string Managers reply no Treason though a high and wilful overthrow of the fundamental Rules of Justice in the Kingdom was evident that a good intention is no excuse to the taking away mens Goods and applying them to his own Vse that the good Company he speaks of is only to
till they were paid Henry Dillon affirmed That in my Lord of Cork's Tyrringham and Lord of Ely's time he had Warrants from them and the Council to gather money by laying Soldiers till it was paid Sir Arthur Tyrringham averred That by Warrant from the Lord Faulkland he had laid Soldiers upon a Debtor Lord Ranulagh till the Debt was paid but does not know whether it was the King's Debt Lord Ranulagh attested that it was the practice of the Lord of Cork and Ely to give Acquittances out of the Exchequer to Captains who if the money was not paid assessed Soldiers on the defaulters Then the Earl offered to prove That it was the desire of the Gentry themselves it might be so in the Lord Faulkland 's time but it was by Mr. Palmer agreed him from whence my Lord inferred That it disabled the first part of the Killing Charge That he should Traiterously and wickedly devise to subdue the Subjects of that Realm by levying Money on them The Earl then desired the 2d Article of the Lord Faulkland's Instructions might be read which was in haec verba For the Collecting of our Rents in cases of default that 1. a summoning Process shall Issue 2. The Pursivant sent 3. If this be not sufficient in case the same be not levyed then our Vice-Treasurer by Warrant of our Deputy and Council shall appoint a competent number of Soldiers of the next Garrison to be aiding to collect the Rents at the Charge of the Parties complained of having care that no man be burdened with a greater number of Soldiers than the Service shall necessarily require At Mr. Palmer's desire the first Article was read viz At the humble Request of Our Subjects We are graciously pleased to direct for the better preservation and ease of Our Subjects the Soldiers shall be called in c. and from what had been proved the Earl inferred That it could not be High-Treason for the King's Service to follow the King's direction and the constant practise of his Predecessors that he brought not the Custom in but found it there and that by Proclamation under the hands of the whole Council it was done for the Ease of the Countrey To the Testimony of Berne and Kenedy of the abuse of the Soldiers 1. he was not then in Ireland 2. he denies he ever gave Pigot such a Warrant and there is no proof of it That Pigot 's threatning Clear with a Warrant is no argument men often threaten most when they have least to shew Kennedy sayes he never saw the Warrant Savil 's Warrant is not produced that this great and mighty War on the King and his Subjects is one of the poorest Wars in Christendome for last Summer one sayes he knew Soldiers laid on one man that it was never complained of all the time he was in Ireland that the Warrant was to procure obedience to all the King's Courts Savil. and to secure the King 's Right He desired Savil might be demanded whether the Warrant granted him was not agreeable to former Precedents who affirmed his Predecessor told him he had received such a Warrant from the Lord Faulkland to sess Soldiers on the Land of Sir Thomas Fitzgerrard Henry Dillon attested Dillon that the Serjeant at Arms was an Officer as well to the Exchequer as Chancery and the last process is Attachment by the Serjeant as well between man and man as for the King Here Mr. Palmer speaking something which my Lord looked upon as an Interruption he desired no hasty words might be misinterpreted he speaking for his Life and Family and that the Gentlemen would do well not to put him out of his way but let him speak those few poor things he can for himself He then added that some wayes he is more qualified then an ordinary Person having the Honour to be his Majestie 's Deputy that by his Commission he was to govern according to the Customs of the Realm and this was Customary by all the former Governours that had it been Levying War there is a Statute 10 H. 6. c 17. Enacting That there shall be no War or Peace in the Land without the Deputie's Licence but all War or Peace to be made by the Lieutenant for the time being And as to the Stat. 18 H. 6. c. 3. That no Lord or other shall charge the King's Subjects c. 1. He hath heard it said that the King cannot be concluded in any Statute unless he be particularly named and consequently not his Chief Governour 2. He shall not lead or bring He hath done neither the Serjeant did it though under his Warrant 3. It speaks of bringing English Rebels or Irish Enemies c. But such are not the King's Soldiers sent to apprehend refractory Persons and for the King's Honour and Service 4. Practice is the best interpreter of Laws and notwithstanding this Statute the Governours have alwayes assessed Soldiers That it would be a hard Case that such an Old Law should be started contrary to Practice to destroy him and his Posterity but he believes he shall prove that Statute Repealed First By the 8 Ed. 4. c. 1. which Enacts That from the Sixth of March then next all Acts made within the Kingdom of England shall be in force in Ireland from the said time This therefore ratifies the Statute of 25 Ed. 3. which is the Statute of Treason and the Statute of 1 H. 4. which sayes nothing shall be Treason but what is within the Statute of 25 of Ed. 3. which repeals the 18 of H. 6. Secondly By the 10 H. 7. c. 29. whereby all the Statutes made in England before that time are made Laws in Ireland and all Laws contrary to these Laws are repealed but the Law urged is against 25 Ed. 3. 1 H. 4. and consequently repealed Next he produced a Statute of 11 Eliz. c. 7. for taking away Captains Ships and that none of the Great Men shall make War or Peace c. Sess nor lead the People without the Great Seal or Warrant from the Lord Deputy so that here is a power in the Deputy to assess c. without being a Traytor That to the Clause of 25 Ed. 3. if any man levy War against the King in his Realm or adhere to his Enemies c. he appeals to their Lordships as in their own Case whether 2 or 3 poor Soldiers sent to bring an Offender liable to the King's Justice can by any construction be levying War against the King and his People or rather for the Honour and Authority and Justice of the King and not adhering to his Enemies but this point of Law he desired to refer to his Council to urge for him with more advantage than he could himself being out of his profession To this Mr. Palmer replyed That there can be no Custom or legal usage Managers reply contrary to an Act of Parliament that those usages were by consent but this of my Lord 's against
in his Examination denies absolutely his hearing any such words he sayes indeed he conceives there was intended some Extraordinary wayes of raising money which my Lord Strafford sayes was meant of borrowing 3 or 400000 l. my Lord Marquess Hamilton remembers no such words Then he desired the Lord Treasurer might be examined who averred he never heard my Lord Strafford speak any such words The Lord Cottington averred the same only he heard my Lord Strafford say The Parliament had not provided for the King or had left the King without money which was no more then truth And to the extraordinary wayes That my Lord said the King ought to seek all due and legal wayes and use his Prerogative Castè Candidè and so my Lord concluded That Mr. Secretarie's at most was but a single Testimony of Words which by the before recited Statute requires two sufficient Lawful Witnesses or the voluntary confession of the Party He desired that the Antecedents and Consequents of his words might be taken together and that being spoken of a Case of extreme necessity and the King 's using his Power candidè caste and they would not with those restrictions and limitations with which he spake them he hoped appear so criminal And forthis purpose he desired the Earl of Northumberland's Examination might be read which was That he heard the Earl of Strafford often say That that Power was to be used Candidè Castè and an account thereof should be given to the Parliament that they might see it was only so used That further the Earl of Strafford said That the Kingdom could not be happy but by good agreement between the King and his People in Parliament The Marquess of Hamilton also being Examined attested the same and that heard him speak those words both before and after the Parliament and that it was upon the Occasion of his informing the King that the Scottish Army would certainly invade England Lord Goring and Sir Thomas German attested to the same Effect Lord Treasurer said he remembered the words but not the particular occasion He then added That as this was his meaning so it was cleared to be so by the subsequent Actions for nothing had been done upon it against the Laws and Customs of the Realm that these words were spoken in full Council where he was upon Oath to speak his Conscience and had he not done so he must have been perjured and if he must be either perjured to God or a Traytor to man he had learnt to fear him who can destroy both Soul and Body and not Man who can only kill the Body That it was but his Opinion if held pertinaciously may make a man a Heretick not a Traytor yet he was not pertinacious he pressed it no further nor was any thing done upon it He further desired their Lordships to consider the great Trusts and Thoughts they were born and bred to for the weighty imployments of the Kingdom but this would disable and discourage men from that service if a Councellor delivering his Opinion shall upon mistaking or not knowing the Law be brought into Question for his Life and Honour and Posterity and that few Wise and Noble Persons would upon such unsafe terms adventure to be Counsellors to the King humbly beseeching their Lordships to think of him so as not to bring an inconvenience upon themselves and Posterity To this Mr. Whitlock replyed That whereas my Lord Excuses his words as being only concurrent with the Vote of Council it is evident some were of another Opinion Managers reply That whereas he sayes he therefore gave advice conceiving the Scots Demands strook at the Root of Government it is plain they did not being since by Royal Assent made Acts of Parliament in Scotland it was his Resolution his Advice there should be an Offensive War For staying the Ships they will not insist upon it For his saying The King 's helping himself was a Natural Motion to do it against the Will of the Subjects was a Violent Motion and his Lordships Design and for helping the King in other wayes if the Parliament were Dissolved he was willing it should be so by proposing Supplies before Redress of Grievances and before a Resolution Whether they would give to inform against the Parliament by mis-information and for the Parliament of Irelands Resolution and Declaration it was by his procurement being Chief Governor there And for Vsing the Army against England admitting the primary Intention were to land them in Scotland but when the Army was landed his Intentions might change and it seems it was by his labouring to perswade the King to make Vse of it to reduce this Kingdom That no Answer was given by my Lord to those words That the King was not to be Mastered by the frowardness of his People c. That notwithstanding the Stat. of Ed. 6. it is High Treason to advise the Destruction of the King and though the words in themselves are not Treason yet as they declare an Intention of Subverting the Laws and Government of the Kingdom they are That Mr. Treasurer swears the words affirmatively and that others did not hear disproves not his Testimony but comparing all together it appears his Intention was to bring in that Army to reduce this Kingdom That His Majesty must not be mastered implyes he must master them and that by the force of others and to compel the Subjects to submit to an Arbitrary Power That nothing was done upon those Councels is no Excuse to him it is an Obligation to the Subjects to Love and Honour the King for rejecting them but yet some things were done which my Lord will never be able to justifie concluding That this was not only Crimen laesae Majestatis but also Reipublicae Mr. Maynard seconded Mr. Whitlock observing That my Lord had taken such a course to weaken the Testimonies that allowing it nothing will be so strong but he will take off the strength of it and that is by taking them in pieces and then saying they are but single Evidence whereas it is Evident that upon all occasions he spoke such words if his Adverbs Candidè Castè must be applyed to what is lawful they were needless and truly he may say it was done Cautè thô not Castè The Case comes to this There was a Parliament Sitting a little before he casts out words about raising Money which must be made good by Adverbs Money must be raised in an Extraordinary way the Parliament is broken a Necessity made and Soldiers must be brought in to make good these wayes take these asunder and my Lord will make it a good Action but taken together they make good the Charge and that though Treason is not in his words but in his wicked Counsels Mr. Glyn took up the Bucklers and added That he had ascended the Throne and by ill Counsels endeavoured to infuse his Venom into the King's Person and to Corrupt the Fountain but
God be praised he met with a Gracious King upon whom he could not prevail and for his bringing the Army into England thô he tells Sir William Pennyman he did not intend it yet there was Vox Populi and that was a horrid Witness That he intended to invade the Property of the People is plain from his own words That the King should make Restitution when the Danger was over and his saying That a Privy Councellor ought not to be questioned for his Counsels was so great a proof of his Actions that he could not give a Greater Then by consent my Lord moving for a dayes interval his Voice and Strength being spent the Court was adjourned till Wednesday Upon Wednesday the Commons proceeded to the 25th Article of the Charge Wednesday April 7. Artic. 25. concerning the Earl of Strafford's advice of Vigorously levying Ship-money and by compulsion Endeavouring to raise money upon the Lord Mayor and City of London and that for their not complying they deserved to be put to Fine and Ransom To this the Lord Treasurer Bishop Williams deposed Lord Treasurer That Ship-money coming in very slowly they were forced to take out great Sums to furnish the Fleet out of the Money provided for the Army and my Lord Strafford said That if it were not repaid the Army would be destitute and therefore advised the Ship-Money might go on vigorously to repay it Sir Tho. Wiseman deposed Sir Thomas Wiseman That the Aldermen being called before their Lordships about the Loan my Lord Strafford said They would never do their Duty well till they were put to Fine and Ransom and to His Majesty You will have no good of this man meaning as he supposes the Lord Mayor till he be laid by the heels but whether about Loan or Ship-money that was spoken he remembers not The Earl of Berkshire deposed Earl of Berks. That the King desiring to borrow Money upon good Security at 8. per Cent. and the Aldermen Excusing themselves for nominating who were able to lend in their several Wards my Lord Strafford said Gentlemen in my Opinion you may be liable to Fine and Ransom for refusing the King's Command in not certifying the Names Sir H. Garaway deposed That being Lord Mayor Sir Henry Garaway he attended the Council about Ship-Money informing His Majesty That the Willing Men had only paid the Money and they thought it unequal others should go free That it was the Opinion of the City That a Writ for Ship-Money and a Writ for a Parliament did not agree and that they found People generally averse to it whereupon my Lord Strafford said to the King Sir you will never do good on this Man till you have made him an Example he is too diffident or to that purpose unless you commit him you shall do no good upon him And about the Loan-Money desiring to be spared in seting a Rate on Mens Estates the Earl said to the King Sir you will never do good of these Citizens of London till you have made Examples of some of the Aldermen to his best remembrance he said Unless you hang up some of them you will do no good upon them this he spake positively The Earl replyed That he would speak with as much Truth The Earl's Defence thô not so much confidence as this Gentleman That he must still insist upon this that admitting it proved it does not amount to Treason nothing being proved but by single Testimonies that as to Ship-money there was a Judgment given in the Star-Chamber and if he was in an Error he was led into it by the practise of the Times and wiser men than himself howbeit he doth not justifie himself in that point being better informed by what he hath heard since is the Judgment of those to whose wisdom he submits That in such a Case of extreme necessity he might hold the Aldermen lyable to Fine and Ransom in case they did not submit to the King's demands he wishes he had not spoken them but being a little Excess of Extravagant Speech he hopes by their Lordships Favour it may be excused and God forbid for every such Excess a man should be Arraigned for Treason for otherwise few would Escape the Danger of hasty words for the words about hanging them up My Lord Major at first said it to the best of his remembrance and afterwards absolutely And he sayes to the best of his remembrance he did not speak them and if he did being spoken in so good Company some of their Lordships would have remembred them And however it stands with him now before these misfortunes befel him he was equally to be Credited with this Gentleman all the difference being one sayes it the other denies it and that at most being a hasty word and excusable in a free spoken man as he was and who smarts for it he hoped their Lordships Honour and Justice will rather Excuse then punish it Mr. Maynard replyed Managers Reply The Committee shall need to say little to this Answer but that such words compared with his other words and Actions proceed not from passion but Principles to do all things by his Will against Law and that my Lord knew these things and especially the Ship-money were against Law himself having so great a hand in the Petition of Right Mr Glyn added That whereas my Lord thinks it hard to be questioned for hasty words as High-Treason their Lordships may remember how for words concerning Treading on his Toe he prosecuted the Lord Mountnorris as far as to Life They next proceeded to the Charge in the 26 Article Artic. 26. concerning seizing the money in the Mint and Embasing of Coyn. To prove this Robert Edwards sworn Rob. Edwards deposed That going to represent to him the Inconvenience of the seisure of their Money in the Tower and that some Forreigners being concerned in it the Merchants Estates abroad upon their Complaint would be seized my Lord answered That if they fared amiss they might thank themselves and though they think it so strange here yet beyond Sea it is not so but on Commands men have their Goods taken and touching the City he said They dealt unthankfully with the King there being 14000 l. due for Ship-money which they denied and did more to maintain Rebels than to maintain his Majesty Being bid repeat it he said upon their Petition to my Lord about the Money in the Tower the Earl said That if they did speed amiss they might thank themselves for they were more ready to hold with Rebels than to give the King his due which was 14000 l. Ship money that my Lord was sick and sate in his Chair said That he knew nothing of it till that morning Anthony Palmer sworn Ant. Palmer deposed That in discourse with my Lord about base money and giving him reasons against it he shewed him and the other Officers of the Mint a Letter sent him out of France
voluntarily Sir Hugh Cholmley deposed Sir Hugh Cholmley That of those who staid with my Lord Strafford and joyned in the latter Petition they took a Note of above twenty that the Countrey had an opinion of that they were Papists or men affected that way but whether convict or not he could not tell After some little time of Recollection the Earl made his Defence The Earl's Defence That as to the Petition whereas they were to meet together and he having some poor Interest in the Countrey and not being made acquainted with the drawing of it but it was done privately he appeals to their Lordships whether he who was made a Stranger to the beginning of it should be over officious to serve them in the Conclusion he acknowledges he did disadvise the Clause about Petitioning for a Parliament not out of aversion to Parliaments for he told them at the meeting of the Great Council his Majesty would be pleased to call a Parliament and that their Petition would neither further nor hinder it and therefore might be forborn and the King left free in his Acts of Grace to his People that he might have all the Honour of it to himself and it should proceed from his own Goodness and Royal Breast not as advised to it by any others thereby to apply the Affections and Gratitude of the People to his Majesty As to the second Message and raising a Tax without lawful Warrant he said That on Debate of the business of 200 present not above 3 or 4 Dissented but that they did totally lay aside the Petition and gave him Commission to signifie to his Majesty how willing they were to contribute a Months pay to the Train Bands which he did faithfully deliver and named divers who gave their consent who were free from the imputation of Popery as any in the County To this Sir Paul Neal was Examined Sir Paul Neal. Who attested it was according to the Account his Lordship had given that if he thinks 200 Gentlemen Except 4 or 5 he dares swear not 10 the whole Vote of the Company was that it should be delivered according to the substance of the Petition the last Clause left out Sir Edward Osborn averred Sir Edward Osborn That all but about Ten did consent to a Months pay and to leave out the Clause and not above 4 or 5 Gentlemen opened their mouths against this consent in words their hearts he knows not Sir William Pennyman attested the same Sir William Pennyman And that divers who had set their hands to the Petition did retract it himself for one and several Members of the House whom he would name if their Lordships thought fit but it was waved and as Sir Edward Osborn said before the Crowd was so great that at the delivery of the Message by my Lord to the King he could not come near to hear whence my Lord observed it was not done in a Corner when Persons of their quality could not come near Sir William Savil attested the same Sir Will. Savil. In effect as to retracting the Petition the number of Dissenters and that my Lord delivered it in his hearing faithfully to his Majesty and with much more advantage then the Petition was drawn and that he believes verily a months pay was the intention of them all and where he lived it was paid very willingly and no complaints of want of Money Sir William Pennyman Sir Edward Osborn attested to that point Sir Edward Rhodes attested much to the same purpose Sir Ed. Rhodes And that the Hall being appointed for the place of Debate of this Affair My Lord Strafford took notice that he was not fairly dealt with to have a Petition drawn without his consent and the business concluded before the time and out of the place appointed and that of 3000 Gentlemen he thinks not so many as 20 did disassent Sir Thomas Danby attested the same Sir Tho. Danby only upon Mr. Maynard's question Whether two Soldiers were not hang'd for mutinying for want of pay which they would not have done if they had been well paid Sir Thomas answered he could not speak to that without prejudice to himself he being questioned for hanging men by Martial Law Sir George Wentworth of Woolley attested the same As to retracting the Petition Sir George Wentworth and my Lords delivering it by word of mouth c. My Lord then proceeded to the matter of Sir William Pennyman's Warrant and declared That upon the complaint of those who maintained the 2 Regiments at Yarum and Richmondshire desiring that common Justice might be done in the common misfortune he did divers of the Lords being at Rippon humbly present to the King and great Council of Peers at York That it was Justice and Reason that the rest of the Countrey should contribute towards the Charge for the common benefit or else successively relieve those Regiments this he moving his Majesty was pleased to assent and gave direction he should proceed upon which he said Then if my Lords approve of it I shall see it done accordingly That divers of the Lords said Yes and he took it for granted but understanding that some of their Lordships at Rippon were dissatisfied that it was said to be the Act of the Great Council the last day they met he gave an account of it and moved the King to know whether the Warrant should be recalled and some Lords saying the Great Council had no power to Levy money to which he answered the Warrant was not to levy money but to enjoyn the Parties to do their Duties or pay the money at which time the King was pleased to Command him to go on and no person spake to the contrary which he took for consent that all he got by it was to have his own Tenants charged who otherwise would not have paid a Farthing and that it was done for the ease of the Countrey and so taken it being much more for their Ease to pay that money then to relieve those Regiments some of them being to march 70 Miles Sir Edward Osborn Sir William Pennyman and Mr. Roger Strickland attested this and that by all parties it was look't upon as an Ease and Benefit As for Sir Edward Osborn 's Warrant and Mr. Yoward 's and the Musketteers he made no Warrant gave no directions But he conceives he hath done nothing but what he was impow red by his Commission a Clause of which was For the better Execution of this our Commission We do further give and grant to you full power and Authority from time to time and at all times at your discretion to command and require of and from all our Lieutenants and Deputy-Lieutenants in our several Counties of this our Realm and Dominion of Wales and of and from every or any of them to send to you or such place as you shall appoint such number of able men for War as well Horsemen as Foot-men in
are nothing at all on the matter Sir James Montgomery tells you a Tale not much Material nor Mr. Maxwell nor Sir John Clotworthy there is nothing at all in it concerning Treason Stewart's Sentence remains only to be answered in this Article for that I conceive it was justly and fairly given as I then conceived I was one of the rest and nothing was intended by that Decree but his Reformation and when he had pleased to have taken the Oath he might have been released of the Sentence and sent home again quietly The next is the 20th Article Wherein I am Charged to be a Provoker and Incendiary of a War against his Majesties Subjects of the Scotch Nation and that I should say of them They were Rebels and Traytors and being about to come into England that I should say I would root out of the Kingdom the Scotish Nation Root and Branch My Lords I shall need no more to say in this for my being an Incendiary I think by the Proof it hath been clearly made appear to your Lordships that I gave no Opinion but such as others did in the like Case It is proved by Lord Traquair and my Lord Treasurer and might have been proved by many more if it had been needful For the Words that I should say The Rooting out the Scots Root and Branch They are only testifi'd by one single Witness Salmon the School-Master swears it and no man else but he and I hope my Lords that when your Lordships do call to mind how he is Crost by his Fellow Witness John Loftus your Lordships will be satisfied he Swears I will persecute them to the Blood and root them out Root and Branch and I cannot tell what But John Loftus said indeed that I said I hope that such of the Scottish Nation as would not submit to the Ecclesiastical Government I would root out stock and branch a wonderful difference between these two But my Lords it was testified by Mr. Secretary Manwaring then present that I never spoke the one nor the other but as in my Answer I did truely and faithfully deliver it I said that unless they would take that Oath of Allegiance and secure the King of their Allegiance in that point I hope I should not see any of them stay in that Kingdom that refused it and there is no proof in the World but the School-Master and I hope your Lordships will not take him to be a good and valid proof to convince me in this Case being a person of no greater Quality and crossed by his fellow Witness For my self I do absolutely say I was so far from wishing ill to that Nation or any Dissension or Division between them that I never desired other in my heart and soul but a firm Peace through the King's Dominions My Counsels tended to that and if I might seem to begin in a contrary way yet the last resort was to bring all to quietness and so that it should be without Blood And I dare say there be them that heard me say it many a time in the King's Council That the King should be in nothing so much sparing and tender as to draw any Blood in that Quarrel I dare say many that heard it will justifie me in it And if your Lordships will give me leave I do think I have something that might procure your Lordships belief that it was so for at that time my Fortune though now by Misfortune it be mean enough was such as I needed not desire to shuffle the Cards and deal anew and especially when nothing was to be got but Blows and that I trust will be an Argument to your Lordships that nothing was desired by me so much as Peace and that under God's goodness and the protection and Benefit of His Majestie 's Scepter I might enjoy the little Estate my Ancestors left me for it is certainly true whatever the World may think to the contrary it is very little better from what my Father left me something it is and the most part of the Improvement of it was before I came to serve the King and yet I have had more from the King then I deserved in all kinds and all the whole service of my Life were it never so many years could not Merit nor deserve from him the Hundred part of what I had from His Favour My Lords Mr. Treasurer Vane says I was in the Argument for an Offensive and he for a Defensive War for a War both of us And I beseech your Lordships How should it be more Treasonable for me to be for an Offensive then for him to be for a Defensive War for a War there must be and the difference was not great and for a Councellor to deliver his Opinion and have that turned upon him as Capital to sweep from the World himself and his Posterity is a very hard Case to say no more of it The next Article is the 21th wherein I am Charged to be an Enemy to Parliaments a Breaker of Parliaments and did by that means sow ill Affections betwixt the King and His People My Lords This is more fully Charged in a Subsequent Article then this for this is but only for breaking of the last Parliament that I should advise it to be called with an intent to break it which is very unlikely for that nothing in the World could be of so happy effect to me as the success of that Meeting and yet I must destroy and disadvantage my self in that then which nothing could be of more advantage then the success of that Parliament The 22th Article is Answered already and the 23th likewise In the 24th Article comes in that of the Parliament more fully and there I am Charged Falsly and Treacherously and Malitiously to have declared before His Majesties privy-Privy-Council That the Parliament of England had forsaken the King and given Him the Advantage to Supply Himself otherwayes and having so Malitrously Slandered the said House of Commons that I did with the Advice of the Archbishop of Canterbury and the Lord Finch Publish a False and Trayterous Book called His Majestie 's Declaration of the Causes of Dissolving the last Parliament c. This goes very heavy upon me in the World that I should be a breaker of Parliaments a Counsellor against Parliaments My Lords there is nothing proved of it and I hope I shall be cleared by your Lordships and these noble Gentlemen and all the World that I had no such thing in my heart For the Point of the Declaration I was at that time Sick in my Bed and could do nothing in it and therefore I trust I shall be acquitted as to that As to the Breaking of the Parliament or any ill-will to Parliaments I have ever honour'd them and far be it from me to wish that they may not be frequent for the good of the King and Kingdom but as oft as you shall have it urged and prest against me that I should
be an endeavourer to Subvert the Fundamental Lawes of the Land in this kind I beseech your Lordships call to mind what hath been proved that at all Publick Debates at Council and Privately apart I have humbly represented to His Majesty from time to time That Parliaments are the Only Way to Settle Himself in Quietness in the Kingdom and to acquire Prosperity and Happiness to Himself and His People And when you shall hear them press upon me that I have endeavoured to Subvert the Fundamental Laws of the Land I beseech your Lordships to call to mind how frequently and fervently I have advised the King to call for Parliaments which under God is the great Protection and Defence of the Fundamental Laws of the Kingdom To the 25th I have Answered already and to the 26th likewise The next is the 27th and for that I can say no more then that your Lordships have heard the Proofs for the Levying of Money it hath been cleared to your Lordships that nothing was done by me but by Consent of the Country with their Unanimous good liking and for their benefit and advantage Being done so and for so good ends as I trust that shall not be enforced against me and it is very strange to me why it should be expected that if two Armies be in the Field one against the other as there was at York that they should be Govern'd with as much quietness as an Atturney walking with his Writs at his Girdle betwixt the King's Bench and the Common-pleas For Armies cannot be Govern'd without some Latitude in this kind Inter arma Silent Leges rightly applyed there is truth in that But I did nothing in the Business I did nothing by Compulsion but by the voluntary liking of the Parties themselves and therefore I conceive that shall not be Charged upon me as Treason There remains now the 28th Article and that is the onely Bloody Article if it had been or could be made good that is in the whole Charge for there I am Charged out of ill and wicked purposes and indeed What can be worse than Treason to have Betrayed Newcastle into the power of the Scotch Army and likewise to have betrayed the King's Army at Newburn to a dishonourable Retreat My Lords if either of these had been true I should have saved your Lordships the labour I would have given Judgment against my self that had been certain But my Lords never was any Man more Innocent therefore they may very well wave it Have I been all this while Charged as an Incendiary and Am I now come in the Conclusion to be charged as a Confederate it is wonderful strange certainly your Articles fight one against another in this for How can I be an Incendiary in one part and a Conspirator with them that Charged me to be an Incendiary in the other part In good Faith I have not been very kindly dealt withal by my Confederates if they be Confederates to Charge me as an Incendiary that did them that Service and Help as to deliver into their hands a Town of such Consequence as that is No my Lords I wish all happiness to the Nation but I can never wish so to it as that they should take one of the King's Towns in England if I could have helped it My Lords it was lost before I had the Charge of the Army I had nothing to do in the business nor am I to give any Accompt of it nor is any thing proved And as to the Defeat at Newburn you yet fight one Article with another methinks in that too for I am charged to be the Man that delivered up Newcastle and yet all the World knows that nothing could save it from being lost but taking away from the Scots the Passages at that time So that I should use all means to prevent Men from doing that which I meant to do for them is verye all strange to me Here is no Probability and certainly little truth in the whole business as concerning my Confederating with the Scots either for the one or the other And so my Lords I am come to the end of these 28 Articles that were for my further Impeachment I have gone over them all and out of these now there remains that other Second Treason that I should be guilty of endeavouring to Subvert the Fundamental Laws of the Land in the first of those Seven Articles My Lords That those should now be Treason together that are not Treason in any one part and Accumulatively to come upon me in that kind and where one will not do it of it self yet woven up with others it shall do it Under favour my Lords I do not conceive that there is either Statute-Law or Common-Law that hath declared this endeavouring to Subvert the Fundamental Laws to be High Treason I say neither Statute-Law nor Common-Law Written that I could hear of and I have been as diligent to enquire of it as I could be And your Lordships will believe I had reason so to do And sure it is a very hard thing I should here be question'd for my Life and Honor upon a Law that is not Extant that Cannot be Shewed There is a Rule that I have read out of my Lord Cook Non apparentibus non existentibus eadem est Ratio Jesu My Lords Where hath this Fire lay'n all this while so many hundred years together that no Smoak should appear till it burst out now to consume me and my Children Hard it is and extream hard in my Opinion that a Punishment should Precede the Promulgation of a Law that I should be Punished by a Law Subsequent to the Act done I most humbly beseech your Lordships take that into Consideration for certainly it were better a great deal to live under no Law but the Will of Man and Conform our selves in Humane Wisdom as well as we could and to Comply with that Will then to live under the Protection of a Law as we think and then a Law should be made to punish us for a Crime precedent to the Law then I conceive no Man living could be safe if that should be admitted My Lords it is hard in another respect that there should be no Token set upon this Offence by which we may know it no manner of Token given no Admonition by which we might be aware of it If I pass down the Thames in a Boat and run and Split my self upon an Anchor if there be not a Buoy to give me warning the Party shall give me Damages but if it be Marked out then it is at my own peril Now my Lords Where is the Mark set upon this Crime Where is the Token by which I should discover if it be not Marked if it lie under-Water and not above there is no Humane Providence can prevent the Destruction of a Man Presently and Instantly Let us then lay aside all that is Humane Wisdom let us rely onely upon Divine Revelation for
leave to tell you what we might have shown and are ready to show we could have made it express and proved it by Notes taken by Secretary Vane the 5th of May when the words were spoken which Notes should have been proved if we had proceeded on the Three and twentieth Article to corroborate the Testimony of Mr. Secretary Vane and that by two Witnesses We could likewise have shown how we came to the knowledg of it it being by means unknown to Mr. Secretary Vane and have made him an upright Counsellor and Witness but we shall prove his intentions to bring in the Irish Army another way when I come to open my own course and method My Lords he pretends these words were spoken the 5th of May but when they were testified by Mr. Treasurer he did not speak of the 5th of May and yet now my Lord remembers the day and I wonder how he came to the knowledge of the day unless he likewise remembred the words But that my Lord observes is That being spoken then how should he perswade the King that he had an Army in Ireland when in truth he had none there for the Army was not on foot till a month after This my Lords is plainly answered and if he had thought of his own answer he had answered himself for he tells you That in April before he had taken a course for the levying of the Army he had nominated the Officers giving direction for raising it and the day of the Rendezvous of the Army was appointed the 18th of May. And so in his own answer he makes an answer to the objection and the objection is taken away out of his own confession From that Article he falls to the Seven and twentieth Article whereby he stands charged with Levying Money by force upon the King's People in Yorkshire he is pleased to observe that all the proof for the maintenance of that Article is only the levying of Money by four Soldiers by Sergeant-Major Yaworth where he is pleased to disdain the War because it was so weak yet it was too strong for them God help them that were forced upon pain of life to pay it And whereas he pretends the Warrant was not from him I shall reserve that till I come to the Article and when I come to the proofs I believe it will remain fixed upon him And there he left his Statute-Treason and now he falls to the second kind of Treason and that was the introductive or constructive Treason He begins with the Third Article that is concerning some words that he should be charged to have spoken in Ireland and I shall desire that your Lordships would be pleased to look upon your Notes how he answers that Article My Lords says he I am charged to say that Ireland was a Conquered Nation and that their Charters were nothing worth and bind the King no further than he pleaseth therefore I am a Traytor because I speak the Truth There was his Answer in his Collection And for their Charters he says He might very well say so for he intended it no otherwise but according to the validity of them for they were several ways questionable and ought not to bind unless they were good in Law But if you look upon his Arguments he hath like a cunning Orator omitted the principal part of the Article and that is That Ireland is a Conquered Nation and they were to be governed as the King pleaseth the King might do with them what he list this he omits although they be proved by three Witnesses and are appliable to his intentions fully yet he could make use of so much as makes for him and leaves out the rest like your Lordships know whom Then he descends to the Fourth Article and this concerns some words he should speak upon an occasion betwixt him and my Lord of Cork that he should tell my Lord of Cork He would have neither Law nor Lawyers dispute or question his Orders And upon another occasion That he would make my Lord of Cork and all Ireland know That all Acts of State which are Acts of Council there made should be as binding as any Act of Parliament This he said was proved but by one Witness and I extreamly marvel to hear him say so for the latter words we proved by four or five or six Witnesses that is That he would have Acts of State as binding as Acts of Parliament Whereas he sayes these are all the words produced against him in the time of Seven Years Government there your Lordships have heard of many words and if we would trouble your Lordships further in this kind we could prove such words spoken as often almost as he remained dayes in Ireland that is for the mis-recital The other part two Witnesses proved but the residue That they must expect Law from the King as a Conqueror That Acts of State should be equal to Acts of Parliament and when an Act of Parliament would not pass he would make it good by an Act of State These speeches at other times were proved by five Witnesses Then he falls back to the Second Article touching the words That the King 's little finger should be heavier than the loins of the Law My Lords These words were proved expresly by five Witnesses to be by him spoken and if he had produced five hundred that had said he did not speak them they had not been equivalent to disprove five but he produces none Sir William Pennyman repeats other words and inverts them and none but he Another party a Minister reports a report that he heard concerning these words but my Lord he saith the occasion of the speaking of them was not mentioned Truly perhaps it might be the forgetfulness of my Lord's memory but let me put him in mind and your Lordships remember that the occasion was exprest by one and that is Sir David Fowles that he laying a Command upon Sir David to Repair a Bridge and calling him to an account why it was not repaired Sir David Fowles told him he could not do it by Law And therefore omitting it my Lord said to him Sir some are all for Law and Lawyers but you shall know that the King 's little finger will be heavier than the loins of the Law Here is the occasion though he would have another business the Knighting Money to be the occasion From the Second he falls to the Three and twentieth Article that is concerning words that he should counsel His Majesty that he might use His Prerogative as he pleased but in saying there was no proof offered he here begins to fall upon the other fallacy that is to pull things asunder whereas we produce them together and would make that which is a Fagot to be but a single Stick but under favour when I come with your Lordships patience to open the force of the proofs and put them together he shall find contrary to his expectation that they are fully
the Wars with France Hall in 8 R. 2. by declaring the King 's Right thereunto to the effusion of much Christian Blood and to the loss of all we had there To expiate which he built a Colledg in Oxenford to pray for the Souls Slain in France Though what he did then deliver was true of the King 's Right much Christian Blood and to the loss of all we had there To expiate which he built a Colledg in Oxenford to pray for the Souls Slain in France Though what he did then deliver was true of the King 's Right of France as was also the other of John Arch-Bishop of the same See in Edw. the Third's time and no less true was that of Carlisle against H. 4th's Title Yet I may say it was not the Office or Function of a Bishop to incense Wars Domestique or Foreign Nay this Bishop did set this War on foot to divert the King from Reformation of the Clergy For in that Parliament held at Leicester there was a Petition declaring that the Temporal Lands which were bestowed on the Church were superfluously and disorderly spent upon Hounds and Hawks Horses and Whores which better imployed would suffice for the maintenance of 15 Earls 1500 Knights 6200 Esquires and hundred Alms-houses and besides of Yearly Rent to the Crown 20000 pounds From him I come to his Son Henry the Sixth H. 6 I read many Accusations that Glocester the good Protector did lay to the Charge of Beaufort the Cardinal of Winchester and Lord Chancellor Fox Mart. in H. 6. Great Uncle to the King Living Son to John of Ghent alledging him a Person very dangerous both to the King and State his Brother of York a Cardinal also together with other Bishops no better For we read of Arch-Bishop Bourchier and other Bishops that they did shamefully countenance the distraction of the time These as I delivered before though bad in Parliaments yet too great to put out I will not now speak of many other Particulars that I might either in this King's Reign or his Successors to King Henry the Eighth for that I desire to declare what they did since the Reformation yet therein will be as brief as I may having already too much provoked your Patience for which I crave humble Pardon To Henry the Sixth succeeded Edward the Fourth E. 4 who indeed had the better Title to the Crown notwithstanding Arch-Bishop Nevil Brother to the King Maho Warwick with others did Conspire and attempt his Dethroning and after took him Prisoner and kept him in his Castle of Midleham and after in Parliament at Westminster did they not declare him a Traytor and Usurper confiscate his Goods revoke abrogate and make frustrate all Statutes made by him and intayl the Crown of England and France upon Henry and his Issue-Male in default thereof to Clarence and so disabling King Edward his Elder Brother But to hasten I will pass over Edw. the Fifth E. 3 whose Crown by means of the Prelates as well as the Duke of Buckingham was placed on the head of his Murtherous Uncle that Cruel Tyrant for had not the Cardinal Arch-Bishop by his perswasion with his Mother taken the Brother Richard Duke of York out of Sanctuary the Crown had not been placed on his Uncle's Head nor they lost their Lives and not to speak of Doctor Pinker and Doctor Shaw's Sermons and other foul passages of Prelates as Morton and others who sought also the destruction of King Richard and that when his Nephews were dead R. 3 and none had Right before him to the Crown which he then wore what disloyal long Speeches made he to the Duke of Buckingham to perswade the said Duke to take the Crown to himself From Richard I pass to Henry the Seventh I told you before H. 7 that Morton would have perswaded Buckingham to dethrone King Richard the Third and take the Kingdom to himself to which he had no Right and failing therein he addressed himself to Henry then Earl of Richmond and as by his Counsel he prevailed with him so he prevailed against and won from Richard the Garland This perswader and furtherer of bad Titles was advanced to the See of Canterbury his desire whereof perhaps caused his disloyalty and being in high favour with this Prince by his special Recommendations procured one Hadrian de Castello an Italian to be made first Bishop of Hereford after of Bath and Wells who also was made Cardinal by that Antichristian Goodw. Catal. of Bishops in Bath c. pag. 309. Paulus Jovius and devilish Pope Albert the Sixth and as Moreton had endeavoured the dethroning of his Lord and King so did the other Conspire the Murther of Pope Leo the Tenth when he was told by a Witch That one named Hadrian should succeed him As to Henry the Eighth I need not speak much of his Opinion of Bishops who he saith were but half Subjects if Subjects at all to him when he caused Sir Thomas Audeley Speaker to Read the Oath of Bishops in Parliament Spede And that it was so appeared when Wolsey and Campeius refused to give Judgment for the Unlawfulness of the Marriage of H. 8. and thereupon a Divorce whereupon the Duke of Suffolk said and that truly It was never merry in England since Cardinal Bishops came amongst us It were too large to repeat all the Petitions and Supplications and Complaints of Divines against them in this King's Reign as of Doctor Barnes Latimer Tindall Beane Barns Supplic alii and others This last named saith That the Bishops alone have the Keys of the English Kingdom hanging at their Girdles and what they traiterously Conspire among themselves the same is bound and loosed in Star-Chamber Westminster-Hall Privy Council and Parliament This and much more he But as their sitting there hath been obnoxious so it is useless as may appear by the Statute of 31 H. H. 8.31 8. yet in force where it is Enacted That as the then Lord Cromwell so all other that should thereafter be made Vice-Gerents should sit above the Arch-Bishop in Parliament Nay hold general Visitations in all the Diocesses of the Realm as well over the Arch-Bishops Bishops Arch-Deacons as Laiety to enquire and Correct their Abuses to prescribe Injunctions Rules and Orders for Reforming of Religion for abolishing Superstition and Idolatry and Correction of their Lives and Manners c. And read we not that in the 37 of the King's Reign Letters Patents were granted to Lay-men to exercise all manner of Ecclesiastical Jurisdiction H. 8.37 as the King's Officers not the Bishops Thus we see the Government of Bishops as well as their Sitting in Parliament may be spared And that neither have nor heretofore had any Ecclesiastical Jurisdiction in making of Canons or Constitutions Henry 8.25 but by the King 's Writ nor Promulge or Execute any such without the King 's Royal Assent and Licence under Pain appears by the Statute of
House of Commons was printed and dispersed all over England which when complained of though disclaimed by the House within doors yet was it never Counter-manded no Penalty inflicted upon the Printer Publishers or Spreaders of this Counterfeit Order nay they were not so much as once questioned for it By the Encouragement of this Order and the Countenance this Petitioning and Articling against the Clergy found from the Committee for Religion there were above 2000 Petitions Exhibited in a short time against them in which they were charged with the most horrid Crimes of Adultery Prophaneness Swearing Drunkenness and indeed what not Every accusation was not only received but Credited insomuch that few or none of the Loyal Clergy Escaped the lash Honesty and Learning being then as Mr. Selden said Sins enough in a Clergy-man And when ever the Reader shall hereafter meet with any of these Votes against the Clergy he is to look upon them rather as Marks of Honesty and honourable Scars of their Wounded Reputation then brands of ignominy or real Crimes for all their Sufferings proceeded only from their being guilty of Loyalty to their Sovereign Lord and King and Obedience to their Superiors and the Laws of the Church and of the State too as then it was Established But to pass forward this New Plot of seducing the Army with which not only London but the whole Nation rung again was of Extraordinary Service to them and from the Rumors which were spread of a French and Irish Army to be landed to joyn with the English Army the Phanatical Party took Occasion to provide themselves with Arms and Ammunition of which afterwards they made sufficient advantage when the Contest between the King and the Two Houses grew so high as to come to the fatal decision of the Sword A Letter was this day Ordered to be sent to the Army in order to the discovery of this Conspiracy against the Parliament and Mr. Speaker was ordered to send Copies of it under his hand to Sir John Conyers and Sir Jacob Ashley The Letter was thus penned SIR WHereas there have been just Causes of Jealousies that there have been some secret Attempts and Practices to infuse into the Army a mislike of this Parliament The Speaker's Letter to the Army to some dangerous intent and purpose against the State and that now the matter is grown unto a strong presumption upon further discoveries and by reason that some of those which were suspected to have been Active therein are fled upon the first stirring thereof before ever they were once named It hath pleased this House to declare That notwithstanding they intend to search into the bottom of this Conspiracy yet purposing to proceed Especially against the Principal Actors therein this House hath resolved whereunto the House of Peers hath likewise consented That for such of the Army as the Conspirators have endeavoured to work upon if they shall testifie their Fidelity to the State by a timely discovery of what they know and can testifie therein they shall not only be free from all punishment but also shall be Esteemed to have done that which is for the Service of the State in discovery of so dangerous a Plot against it And for such of the Army as are and shall be found no wayes tainted with this dangerous Design or knowing any thing thereof shall make such discovery as aforesaid as this House shall no wayes doubt of their Loyalty and Fidelity so it will have an Especial Care not only to satisfie all such Arrears as this House hath formerly promised to discharge but also give a fair Testimony of the Sense they have of their present and past Want And it is Ordered by this House That immediately after the receipt hereof you should communicate this their Declaration unto all the Officers and Members of the Army under your Command Your very Loving Friend c. It was this day also Agreed to a further Cessation of Arms for a Month longer Cessation prolonged for a Month from May 16. to begin from the 16. of May if the Treaty shall so long continue A Bill was read the first and second time for better levying and raising Mariners and Saylors and others Monday May the 10th for the defence of the Kingdom An Information was also given in Search for Arms at Lambeth or at least so pretended to render the Archbishop more Odious to the Populace and to Exasperate them against Him and the Rest of the Bishops that there were great Stores of Arms and Ammunition laid up at Lambeth in Order as was buzzed about among the Faction to promote some ill Designs against the Parliament whereupon Sir John Evelyn and Mr. Broxam were Ordered to go over to Lambeth to view what Arms were there and some others were appointed to search about the Parliament House lest any Plot should be secretly hid there or rather in truth to amuse the People by these strange Fears and Jealousies and keep them up in that Heat in which they were against the Government This Day were passed Money to be borrowed of the City upon Passing the Bill of Attainder and Bill for Parliament as before was observed the Fatal Bills for the Attainder of the Earl of Strafford and for the continuance of this Parliament upon which the Citizens and Burgesses for London were ordered to represent to the Lord Mayor and Court of Aldermen and Common Councel what past this day concerning the Bill of Attainder and the Bill for the Sitting of this present Parliament and to move for a present Answer to be given for the Sixscore thousand pounds promised to be lent by the City for the great Occasions of the Kingdom There goes a Story which I have heard confirmed for truth That a certain Witty Nobleman the next morning after the passing this Bill for the Continuance of this Parliament during their Pleasure coming to the King 's uprising Saluted him in this Familiar manner Good morrow fellow Subject Which though at present it did only a little surprize his Majesty yet afterwards he found that no less was by that ACT intended by the Faction who treated him as a Co-ordinate third Estate Mr. Message from the King concerning the Lord Cottington c. Treasurer Vane brings a Message from the King to the House to acquaint them That his Majesty had already given Directions to prepare a Patent to make my Lord of Salisbury Lord Lieutenant of Dorsetshire the Lord Cottington having offered to surrender his Patent and that the House may hereby see how ready his Majesty is to satisfie all their Just Requests being resolved to repose himself intirely upon the Affections of his People To which Message Mr. The Commons Answer Treasurer was Ordered barely to return the Thanks of the House whereas formerly upon far less Occasions more Dutiful Commons were ever wont to return their Answer with the Stile of His Majesties Gracious Message and these Men
existit at quod in Recordo illo in nullo est errat ' Ide◠Consideratum est quod judicium predictum in omnibus affirmetur in omnibus suo robore effectu stet remanet dicta Causa pro Errore superius assignat ' aut allegat ' in aliquo non obstante super quo Record processum predict ' necnon process ' predict ' Curia Parliamenti ibidem in premissis habit ' è predict ' Curia Parliamenti coram Domino Rege ubicunque c. per predict ' Cur ' Parliamenti Remittentur ac predictus Carolus in Curia Domini Regis coram ipso Rege habeat Executionem judicii predicti versus prefatum Thomam juxta formam effectum judicii illius predict ' Breve de Errore super ' inde non obstante Subscribed by the Clerk of the Parliament and delivered to the Defendant in the Writ of Error 29 May 1641. to be remitted into the King's-Bench that Execution may be had upon the Judgment Mr. Monday May 31. Bills for taking away the Court of Sear-Chamber and regulating the Council Board ingrosted Tuesday June 1. Votes about the Petty Farmers of the Customs Prideaux reports the Bill for taking away the Jurisdiction of the Court of Star-Chamber as being contrary to Law and tending to the bringing in of Arbitrary Government as also a Bill for regulating the proceedings of the Council-Board upon which they were ordered to be ingrossed The House fell this day upon the business of the petty Farmers of the Customs Sir Nicholas Crisp Sir John Nulls Sir John Harrison c. and upon the Debate it was Resolved c. That the Petty Farmers of the Customs taking above three pence in the pound of Merchants Strangers and others of the King's Subjects more then by Law allowed is Illegal Resolved month June 1641. c. That the said Petty Farmers for taking above the said three pence in the pound are Delinquents Resolved c. That the said Petty Farmers are for the said offence liable and ought to make restitution Notwithstanding which in favour of Sir John Harrison Resolved That Sir John Harrison a Member of the House in regard of his great service in advancing fourty thousand pounds shall not be prejudiced as to his sitting in the House Sir John Strangeways moved in the behalf of himself and the 59 that Voted against the Bill of Attainder of Thomas Earl of Strafford that there might be some order taken for their security for that they went in fear of their Lives daily affronts and great abuses being put upon them by licentious people who resorted about the Parliament House But these mighty asserters of the Priviledges of Parliament one of the greatest whereof is freedom of Speech and liberty to Vote according to a Man's Conscience thought not fit in this Case to assert their Priviledge but to leave these worthy Gentlemen at the mercy of the Rabble who were by no means to be disobliged there being further occasion to make use of their Tumultuary Insolence in order to their thorough Reformation This day Mr. Tayler presented his Petition Wednesday June 2. desiring to be restored upon his submission but it was rejected A Debate arising about ways for raising of Mony a Motion was made Motion to bring in Plate to be Coined That in regard Mony could not be procured so suddenly as the present necessity of Affairs required there might be some Expedient thought on to bring in the Plate of the Kingdom to the Mint and it was referred to a Committee to consider of it and what way it might be done The Bill for Regulating the Clerks of the Market being Reported Bill for the Clerk of the Market ingrossed Thursday June 3. Report of the Conference with the Lords about the Bishops Bill was Ordered to be Ingrossed Mr. Pierrepoint Reports the Conference with the Lords concerning the Bill for disabling Bishops to Vote in the House of Peers That their Lordships conceive that the Commons understand not unlawfulness to have any Votes there to mean to be contrary to any Law but of convenience or inconvenience because if they had thought it absolutely unlawful they would not have made Exception of the Vniversities and of such of the Nobility as should happen to be in Holy Orders And for the Bishops Right to Sit and Vote in Parliament their Lordships conceive that both by the Common Law Statutes and constant practice there is no question of it As for inconveniencies their Lordships did not yet Vnderstand any such that might induce them to deprive the Bishops and their Successors of the Right of voting in Parliament but if there be such which they yet know not they will be willing to hear them and take it into Consideration For their Votes in the Star-Chamber Council Table or any Office in Secular Affairs they have fully consented to the desires of the Commons Their Lordships have Excepted the Dean of Westminster as being a Corporation confirmed by Act of Parliament Sexto Eliz. As also that of Durham Ely and Hexam and the several Jurisdictions of those Bishops to keep Courts-Baron there by their Stewards c. And all other Courts Executed by Temporal Officers which their Lordships conceive not to be contrary to this Bill After which the Bill for disarming Recusants being reported Bill for Disarming Recusants ingrossed Bill against New Canons Read first time was ordered to be ingrossed Then a Bill for the making void of certain Canons and Constitutions Ecclesiastical lately made and for the punishment of such Prelates and others as were the framers and makers of them was read the first time The House then Entred upon the consideration of the Scottish Articles some of which were assented to Sir Thomas Widdrington reports the Case of Sir John Corbet Friday June 4th Report of Sir John Corbet's Case upon which these Votes passed Resolved c. That the Imposition of 30 l. per annum laid upon the Subjects of the County of Salop for the Muster Masters Fee by the Earl of Bridgwater Lord Lieutenant of that County is an Illegal Charge and against the Petition of Right and that it is high presumption for a Subject to impose any Tax upon the Subject and that the taking it is at Extortion against the Right of the Subject Resolved c. That the Attachment from the Council Board by which Sir John Corbet was committed was an Illegal Warrant Resolved c. That Sir John Corbet ought to have Reparation for his unjust vexation and imprisonment Resolved c. That the Earl of Bridgwater ought to make Sir John Corbet reparation Resolved c. That the House thinks sit that the Attorney General take the Information in the Star-Chamber against Sir John Corbet off the File and that he take some Course that the Bond which he entred into to attend the Suit at the Hearing be delivered unto him Resolved c. That the Lords
for an Apostle much less a Bishop And abating the Unlawfulness which this Instance for ever will supersede there can be no Inconvenience but may be thought abundantly Recompensed in a Christian Common-Wealth by the Sage and Religious Advice of these Learned Reverend and Pious Prelates in framing Laws for a Christian Society and the good Government of the State which is imbodied into the Church in a Christian Commonwealth and when this is winnowed from his Lordship's Speech all the rest will be but Chaff The Lord General produced a Letter sent to his Excellency from Sir Thomas Glemham at Hull declaring the great Disorders The Soldiers Disorderly and Mutinous for want of Pay and Unruliness of the Souldiers there and of the Mutiny that lately was among them in which Uproar one of their Captains was killed and others threatned And he further informed the House That the Army through want of Money and Provisions is so dispersed into several places that they are no Security to those Parts in case the Army of the Scots should advance Whereupon it was resolved to have a Conference with the Commons about the state of the Army Mr. Munday June 7. Report of the Case between the Bishop of Ely and the Lady Hatton Whitlock Reports from the Committee to whom the Lady Hattons Complaint against the Bishop of Ely was referred That Richard Cox Bishop of Ely in the 18 Eliz. made a Lease of some Old Buildings and Lands next Ely House to Sir Christopher Hatton Lord Chancellor of England for 21 Years he intending there to make a Habitation for himself That 19 Eliz. Bishop Cox Conveyed the Inheritance to the Crown the Intention of it for the Vse of the said Chancellor Hatton to whom it came afterward In the Preamble of that Conveyance there was a Clause for the Bishop of Ely and his Successors to redeem the Premisses upon the repayment of such Moneys as the Lord Chancellor Hatton should disburse who disbursed in Building One thousand eight hundred and ninety pounds odd Money Chancellor Hatton intailed the Premisses and they were after Extended for a Debt to the Queen and an Act of Parliament was passed to Enable the Sale of them by another Sir Christopher Hatton who was seized by the Entail and who did for valuable Considerations 5 Jac. sell the premisses to the Lady Eliz. Hatton the Petitioner who since Expended in Building Repairing and Improving it Seven Thousand eight hundred pounds odd mony and ever since the purchase being 34 Years till Nov. 14 Car. when the now Bishop of Ely Dr. Wren preferred his Bill into the Court of Requests to have the House and Lands restored to his See by the Clause of Redemption in the Conveyance from Bishop Cox pretending she had notice of it She in answer upon Oath denies that she had any notice of the Trust and none is proved by the Bishop the Cause came to hearing in Nov. 15 Car. but no Judgment though the Lady Hatton moved they would do it and of this suspending of Judgment my Lady complains is a great prejudice to her Whereupon it was Resolved c. That the suspending of Judgment in the Court of Requests in the Case depending between the Bishop of Ely and the Lady Hatton is an unnecessary Delay Resolved c. That the Lady Hatton is a Purchaser upon valuable Considerations and hath been at great Expences in Building Repairing and Improving the said Estate Resolved c. That the Estate of the Lady Hatton being good in Law is not redeemable in Equity nor subject to the said pretended Trust Resolved c. That the Bill depending in the Court of Requests between the Bishop of Ely and the Lady Hatton ought to be dismissed upon the merits of the Cause After which the Lay-Preachers Spencer Lay-Preachers reprehended Green Robinson c. who had been sent for by Order of the House were called in and Mr. Speaker gave them a reprehension telling them That the House had a general distast at this their proceedings and that if they should offend at any time in the like kind again this House would take Care they should be severely punished It is Easy to Observe with what tenderness these Sacrilegious Invaders of the Calling of the Ministry were treated by these High-flown Pretenders to Reformation who were dismissed for this Offence against God and all good men only with fair Warning and a Gentle Reproof when at the same time the Orthodox and Regular Clergy who had a Lawful Commission to speak the Truth and stand up in Vindication of the Church were upon every frivolous complaint from their Enemies the Sectaries for every word which could be tortured to depose any thing against the Proceedings of the Commons sent for in Custody imprisoned Outraged Stigmatized and many of them and their poor and innocent Families utterly ruined and undone The House of Lords being adjourned into a Committee during pleasure to Debate the Reasons sent up from the Commons at the Conference touching the Bishops not Voting in Parliament and after a long Debate the House was resumed Then the Bill was read a third time Entituled The Bill against Bishops thrown out of the Lords House An Act for restraining Bishops and others of the Clergy in Holy Orders from intermeddling in Secular Affairs And being put to the Question Whether it should pass as a Law it was Resolved by the Major part That it should not Upon Letters this day Received from Sir Jacob Ashley Tuesday June 8. it was declared That notwithstanding the Information of Mr. Darley against him yet he was in the good Opinion of the House The House was then informed that the Forty thousand pounds and the Hundred and twenty thousand pounds promised to be lent by the City were yet unpaid in notwithstanding many motions Hereby it appears that Alderman Pennington did not always speak the Truth in that House when he informed them That upon the King 's passing the Bill of Attainder against the Earl of Strafford Money came in as fast as it could be told The Cessation of Arms continued a fortnight longer from the 24th of June upon the same terms The Bills for taking away the Court of Star-Chamber Star-Chamber and Council Table Bills read and passed Report from the Close Committee and Regulating the Proceedings of the Council Board were read a second time and passed Mr. Fines Reports from the Close Committee Matters concerning the Tower of London the French the Flight of the Gentlemen accused of a Conspiracy in the Army to bring them up to Aw the Parliament The Earl of Strafford's design to have made an Escape had he not been prevented The Papists resorting into Hampshire towards Portsmouth and the Fortifying of it Mr. Jermyn's desire to get Portsmouth into his hands And the French Troops drawing down to Callice Diep and Granville Exceptions were taken at the Lord Digby for words spoken concerning an Oath which Colonel Goring
Interpreters both Antient and Later expounded to be the Bishops of those Cities 6. Eusebius and other Ecclesiastical Writers affirm none contradicting them that the Apostles themselves chose James Bishop of Jerusalem and that in all the Apostolique Sees there succeeded Bishops which continued in all the Christian World and no other Government heard of in the Church for 1500 Years and more then by the Bishops and the Canons of Councils both General and Provincial which consisted of Bishops 7. That so many Acts of Parliament and Laws of the Kingdom and Statutes of Colledges of both Vniversities have relation to Bishops that the removing of them especially there having been never no other Government settled in this Kingdom will breed and make Confusion and no Reformation but rather a Deformation in the Church yet it were to be wished That in some things our Government might be reduced to the Constitutions and Practice of the Primitive Church especially in these Particulars 1. That Bishops did ordinarily and constantly Preach either in the Metropolitan Church or in the Parochial Church in their Visitations 2. That they might not Ordain any Ministers without the Consent of 3. or 4. at the least Grave and Learned Presbyters 3. That they might not suspend any Minister ab Officio et Beneficio at their Pleasures by their sole Authority but only with a necessary Consent of some Assistants and that for such Causes and Crimes only as the ancient Canons or the Laws of the Kingdom appointed 4. That none may be Excommunicated but by the Bishop himself with the Consent of the Pastor whose Parish the Delinquent dwelleth in and that for heynous and scandalous Crimes joyned with obstinate and wilful Contempts of the Churches Authority and that for non-Appearances or Ordinances upon ordinary occasions some Lesser punishments might be inflicted and that approved by Law 5. That Bishops might not demand Benevolence for the Clergy nor exact Allowance for their Dyet at the Visitations nor suffer their Servants to exact undue Fees at Ordinations and Institutions 6. That Bishops and Chancellors and Officials may be subject to the Censures of Provincial Synods and Convocations A Bill was Read the first and second time for the speedy raising Mony for Disbanding the Armies Tuesday June 22. Disbanding Bill read twice and Committed to a Committee of the whole House A most Excellent Petition from the University of Oxon for the retaining and Establishing of Episcopacy but alas they did but surdis Canere these Serpents were not to be charmed by their Sovereign much less by the Muses though they could have charmed ten thousand times more powerfully and wisely than they did However it will be for their Immortal Glory That in the worst of Times and even when the Storm was in its most blustring Rage they durst oppose the Tempest and Defend the Truth The Petition was as follows To the High and Honourable Court of Parliament The Humble Petition of the University of Oxford Sheweth THAT whereas the Vniversity hath been informed of several Petitions concerning the present Government of this Church The Petition of the University of Oxon for Episcopacy June 22. 1641. and maintenance of the Clergy which have of late been exhibited to this Honourable Assembly We could not but think our Selves bound in Duty to God and this whole Nation in charity to our Selves and Successors who have and are like to have more than ordinary interest in any Resolution that shall be taken concerning Church-Affairs in all humility to desire the continuance of that Form of Government which is now Established here and hath been preserved in some of the Eastern and Western Churches in a continued Succession of Bishops down from the very Apostles to this present time the like whereof cannot be affirmed of any other Form of Government in any Church Upon which Consideration and such other Motives as have been already represented to this Honourable Parliament from other Persons and Places with whom we concur in behalf of Episcopacy We earnestly desire That you would Protect that Ancient and Apostolical Order from Ruine or Diminution And become farther Suiters for the Continuance of those Pious Foundations of Cathedral Churches with their Lands and Revenues As dedicate to the Service and Honour of God soon after the plantation of Christianity in the English Nation As thought fit and Useful to be preserved for that end when the Nurseries of Superstition were demolished and so continued in the last and best Times since the Blessed Reformation under King Edw. 6. Q. Elizabeth and King James Princes Renowned through the World for their Piety and Wisdome As approved and confirmed by the Laws of this Land Ancient and Modern As the principal outward Motive and Encouragement of all Students especially in Divinity and the fittest Reward of some deep and eminent Scholars As producing or nourishing in all Ages many Godly and Learned Men who have most strongly asserted the Truth of that Religion we profess against the many fierce Oppositions of our Adversaries of Rome As affording a competent Portion in an ingenuous way to many Younger Brothers of good Parentage who devote themselves to the Ministery of the Gospel As the only means of Subsistence to a multitude of Officers and other Ministers who with their Families depend upon them and are wholly maintained by them As the main Authors or Upholders of divers Schools Hospitals High-wayes Bridges and other Publique and Pious Works As special Causes of much Profit and Advantage to those Cities where they are situate not only by relieving their Poor and keeping convenient Hospitality but by occasioning a frequent resort of Strangers from other Parts to the great benefit of all Tradesmen and most Inhabitants in those places As the goodly Monuments of our Predecessors Piety and present Honour of this Kingdom in the Eye of Forreign Nations As the chief Support of many Thousand Families of the Laity who enjoy fair Estates from them in a free way As yielding a constant and ample Revenue to the Crown And as by which many of the Learned Professours in our Vniversity are maintained The Subversion or Alienation whereof must as we conceive not only be attended with such consequences as will redound to the scandal of many well affected to our Religion but open the mouths of our Adversaries and of Posterity against us and is likely in time to draw after it harder conditions upon a considerable part of the Laity an universal cheapness and contempt upon the Clergy a lamentable drooping and defection of Industry and Knowledg in the Vniversities which is easie to foresee but will be hard to remedy May it therefore please this Honourable Assembly upon these and such other Considerations as Your great Wisdomes shall suggest to take such Pious Care for the Continuance of these Religious Houses and their Revenues according to the best Intentions of their Founders as may be to the most furtherance of God's Glory and Service the Honour
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
Court refuse to impose any Fine whatsoever upon the said James Maleverer and told him that the said Court had no Power to Fine him and that he must compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to issue forth of His Majesties said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two Thousand Pounds or thereabouts a great part whereof the said James Maleverer was inforced to pay and in like manner the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer did order and direct such and the like unjust and undue Proceedings and the said Proceedings were had and made accordingly against Thomas Moyser Esquire and against several other Persons His Majesties Subjects in several Parts of this Realm to the utter undoing of many of them 2. That a Sentence of Degradation being given by the High Commissioners of the Province of York against Peter Smart Clerk one of the Prebends of the Church of Durham for a Sermon by him formerly Preached against some Innovations in the Church of Durham a Tryal was afterwards had viz. in August in the seventh Year of his said Majesties Reign before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham concerning the Corps of the Prebend of the said Master Smart which was then pretended to be void by the said Sentence of Degradation the said Sir Humphrey Davenport contrary to his Oath and contrary to the Laws of this Realm and to the destruction of the said Master Smart upon reading the Writ de haeretico comburendo did publickly on the Bench in the presence of divers His Majesties Subjects then attending declare his Opinion to be That the said Prebends Place was void and gave directions to the Jury then at Bar to find accordingly and being then informed that although the said Master Smart had been dead or deprived yet the Profits of his Prebend had been due to his Executors till the Michaelmas following the said Sir Humphrey Davenport then answered That though the said Master Smart was not dead Yet if he had his desert he had been dead long ago for he deserved to have been hanged for the said Sermon and that he was as wicked a Man as any lived in the World call him no more Master Smart but plain Smart And when the said Jury had found against the said Master Smart the said Sir Humphrey Davenport in scandal of His Majesties Government and Justice and of the Proceedings of His Majesties Judges did publickly as aforesaid speak Words to this effect That the said Jury had well done and that the said Smart had no remedy save by appeal to the King and there he should find but cold Comfort for the King would not go against his own Prerogative upon which the Judges and High Commissioners did depend and therefore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord Chief Baron of his Majesties Court of Exchequer and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed his Name to an Opinion in haec verba I am of Opinion That as where the benefit doth more particularly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the Defence ought to be borne by all the Realm in general this I hold agreeable both to Law and Reason That in or about the Month of February Anno Dom. 1636. the said Sir Humphrey Davenport then being Lord Chief Baron of the said Court of Exchequer subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty ut supra in the Articles against Judge Bramston and Judge Berkley That whereas an Action of Battery was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded Justification de son assault de mesme and the said Cause came to Tryal at the Assizes holden for the County of Gloucester in Summer An. 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that County At the said Tryal the said Robert Hoblins did begin to make proof of his said Justification and produced one Robert Tilly a Witness in the Cause who proved upon Oath that the said Richard Legge did make the first Assault upon the said Robert Hoblins and that the occasion thereof was that the said Richard Legge and others came upon the Lands then in Possession of the said Hoblins and did take and drive away eighteen Cows of the said Hoblins pretending they had a Warrant from the Sheriff to distrain the same for forty Shillings assessed upon the said Hoblins for Ship-Money And when the said Hoblins being present endeavoured to hinder the said Legge and others from taking away his said Cattel the said Legge strook the said Hoblins with a Staff who after defended himself That upon the opening of the Matter the said Sir Humphrey Davenport would not suffer the said Hoblins to produce any more Witnesses on his behalf though the said Hoblins desired that other of his Witnesses then present and sworn might be heard nor his Councel to speak for him but being informed that the said Hoblins when Ship-Money was demanded of him answered that he would not pay the same because it was not granted by Parliament the said Sir Humphrey Davenport did then openly in the hearing of a great number of His Majesties Liege People then assembled and attending the Court in great Passion reprove the said Hoblins and told him that the King was not to call a Parliament to give him satisfaction and did then and there also falsly and of purpose to prevent His Majesties loving Subjects from the due and ordinary course of Law and contrary to his Oath and the Laws of the Realm Publish Declare and affirm that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury Sworn in that cause to find a Verdict for the said Richard Legge And the said Jury did accordingly and gave him twenty Pound damages And the said
of the Palatinate by whose only means he had suffered the same to be lost to the Emperor and that therefore he should presently press that King either to give a full and direct Answer under his Hand and Seal for the Restitution thereof or else to joyn his Armes with his Majesty against the Emperor for the Recovery of the same But this matter as it further appears by the Original Journal-Books of the Lords House being either not throughly pressed or notably dissembled so many delays ensued one upon the neck of another as in the Issue it drew his Royal Majesty then Prince of Wales to undertake that dangerous and remote Journey unto that Nation which hath been the long and hereditary Enemy of England This Journey was chiefly undertaken by so great a Prince to add an end one way or other to that unfortunate Treaty and his stay in Spain did causally proceed from his earnest desire to have effected a peaceable Restitution of the Palatinate and therefore I doubt not but he shall now live to verifie that Excellent and Heroick Expression which he made to the Conde de Oilvarez a little before his coming out of that Kingdom Look for neither Marriage nor Friendship without the Restitution of the Palatinate And I assure my self That the Force and Power of Great Britain which was lately by subtil and wicked Instruments divided against it self being now united in One again will be able to Effect such Great and Considerable Actions as shall render his Majesties Name and Reign Glorious to all Posterity The Two Houses of Parliament at that time received the before-mentioned Declaration with so much resentment as having rendred Glory to God that had so seasonably discovered the Spanish Frauds and next their humble acknowledgments to their then Gracious Soveraign for requiring their Counsels in a business of so great Importance they did unanimously advise him to break off the said two Treaties touching the Marriage and the Restitution of the Palatinate ingaging no Less than their Persons and Purses for the Recovery of the then Prince Elector's Ancient and Hereditary Dominions It appears also in the Original Journal-Book of this House De Anno 1. Caroli That this great Business was again taken into Consideration but was finally intombed with other Matters of great Moment by the fatal and abortive Dissolution of that Parliament If therefore this Great Council of the Kingdom did in those two former Parliaments account the Restitution of this Illustrious and Princely Family to be of such great necessity for the preserving of True Religion abroad and securing our selves at home as to ingage themselves for an Assistance therein Certainly we may upon much better grounds undertake the same now when I assure my self we may go as far with a Thousand pounds for the present as we could have done with Ten thousand at that time for let us but take a short View of the Estate of Christendom what it was then and what it is now and we shall easily perceive a great Alteration in the ballance thereof In France where Monsieur de Luynes did then rule all being himself acted by the Pope's Legate that King Contrary to the Examples of Francis the First Henry the Second and of Henry the Great his own Father and Contrary to the Maximes and Interest of that State and his own Safety advanced the Formidable Power and Spreading Greatness of the House of Austria but now the same French King's Eyes have been so opened that shaking off that former unhappy Slumber he was in he hath by his Arms and Power to his immortal Honour and Glory for divers years last past endeavoured to restore again that Liberty to the German Empire in the Ruin of which himself had so fatally before Concurred The Swedes were then involved in several Wars or Jealousies with the Pole and inforced to keep at home to defend their own but now have a strong Army and possess divers Pieces of Important Consequence within the very Bowels of the Empire The Episcopal Electors with the other Pontifician Princes and Prelates the sworn Enemies of the Protestant Religion were then Rich and Potent but since most of their Countries and Territories have tasted of the same Calamities of War which they had formerly brought upon their Neighbours so as now they are most of them scarce able to defend their own much less to offend any other The Pseudo-Lutheran Elector of Saxony that is Causally guilty more than any other single person Living of all those Calamities and Slaughters which have for so many Years wasted Germany and was then so Liberal of his Treasure and so forward with his Arms to ancillate to the Emperor's Designs to the almost utter Subversion of the True Religion in Germany is now after the reiterated temeration of his Faith and Promises the Fatal Survivor of the several Devastations of his own Country and Dominions so as all those vast difficulties and great dangers which might well have retarded the forwardness of those two former Parliaments the first being held in the 22d Year of his Majesty's Royal Father and the Later in his Own first Year being now removed we have greater Encouragements than ever to Concur with our Sacred Soveraign in the Asserting of this his most Just and Princely Manifesto For mine own part I expect no good Issue of the present Treaty at Ratisbonne I know the Duke of Bavaria's Ambition too well ever to imagine that he will part with those Large Revenues and much less with the Septem-Viral Dignity and Suffrage he hath obtained by the Prince Elector's Calamity and Misfortune unless it be Extorted from him by force of Arms. My humble Advice therefore is That we send up to the Lords to desire a speedy Conference with them in which we may acquaint their Lordships how far we have proceeded in our Approbation of his Majesties most Royal Manifesto and to move them to Concur with us therein After a long Debate the House came to this Resolution Resolved c. That this House doth Approve of his Majesties Pious Intention in the behalf of his Royal Sister the Queen of Bohemia Vote about the Manifesto and his Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the Publishing the Manifesto to that purpose and this House will be ready to give his Majesty such Advice and Assistance therein by Parliament as shall stand with the Honour of His Majesty and the Interest and Affection of this Kingdom if the present Treaty shall not succeed But these were only Words and they were so far from giving his Majesty or the Electoral Family any Assistances that having Encouraged the King of England to put out this Manifesto and then failing him of all Assistances to make it good they rendred Themselves the English Nation and the King himself Cheap in the Esteem of Forreign Nations however Mr. Pym was Ordered to go up to the Lords to desire a
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
shut up and they returned back to the place from whence they fled 6. That the Decree 40 Eliz. Imprinted inter alia for the relief of the Poor who are driven to live by Begging or to be relieved by Alms and have been taken into new erected Tenements and divided Houses be taken into consideration during the time of Infection and the Landlords of such Tenements to be rated according to the said Decree with the Parishioners where such Buildings and Divisions are as if they were dwelling in the said Parish for that otherwise the said Buildings will be an insupportable charge to the Parish and the poor people turned out into the streets in this time of Infection 7. That the pavements in the streets be made sufficient and so continued the Kennels kept sweet and clean the Soil of the said Streets to be carried away and all annoyances to be removed and such Inhabitants as shall refuse to pay the reasonable Rates Assessed on them for payment of the Scavengers which shall cleanse and carry away the Soile be distrained by their Goods for the payment thereof 8. That if any person shall turn out of their Houses any Servant or Lodgers being sick power to be given to the Magistrate or Officer to put them in their said House again or otherwise the said persons to provide sufficient maintenance for them and upon refusing so to do being able persons to distrain the Goods of such persons for the discharge that shall so turn them out of doors 9. If by order of the Magistrate any persons visited and removed out of their House or Lodging to the Pest-House or other place when they be recovered and in perfect health the said Magistrate to have Power and full Authority to return and settle the said persons in their Houses or Lodgings from whence they were so taken out without contradiction of their Landlords or any others 10. That all such Magistrates or other persons that shall be trusted with this Service may be enabled to do all other things necessary and pursuing the Execution of these Orders as occasion shall require and be out of the danger of misconstruction seeing they hazzard their particular safeties to provide for the Publick The Lord Privy Seal reported the Conference with the House of Commons concerning Raising and Transporting Forces out of His Majesties Dominions where this Paper was read Intituled The Conference between the Lords and Commons concerning Levies for forreign Princes Sept. 9 1641. Instructions agreed by the Lords and Commons in Parliament upon the Ninth day of September 1641. To be sent to the Committees of both Houses now attending His Majesty at Edinburgh WHereas we have received Information from you as likewise from Mr. Secretary Vane concerning the Complaint of the Spanish Ambassador about the stay of 4000 Men to be raised in His Majesties Dominions and Ships for Transporting the same You shall in the Name of both Houses of Parliament humbly present the true state of proceeding in Parliament concerning that business in this manner When His Majesty was pleased to acquaint both Houses with the desire of the French and Spanish Ambassadors to Transport Forces out of England and Ireland His Majesty did withal graciously express his Resolution not to consent to these desires without the consent of his Parliament Both Houses have search't their Journals and find by them that not only they never made any expression of such a Consent as they can make no such but by Order but that both Houses have by Vote declared their Opinions to the contrary and have inclosed the Copy of those Votes That the Parliament cannot but wonder that any person should presume to inform His Majesty that they had made any such Expression having made no such Vote which they conceived to be destructive to the Proceedings and contrary to the Priviledge of Parliament And this being the state of the matter of Fact the Parliament doth no less wonder and conceives it an high injury to them that the Spanish Ambassador should offer a Complaint of them to His Majesty for doing of that which His Majesty having referred the consideration of the Ambassadors desires to the Parliament they could not but do without manifest breach of their Duties as Councellors in this His Majesties great Council of Parliament for the Reasons following 1. That the want in which Forreign States stand of Men is such that great use may be made of them by His Majesty and very advantageous Conditions had for them in the making and strengthening of Alliances abroad as his Affairs and Reason of State may require which will be lost as to so many and we fear as to more which under colour of these may be Transported if these Men should be thus parted with 2. That the breeding of Irish Papists in a Forreign War may beget Damage to that Kingdom and Trouble to this especially serving under the King of Spain there being already in his Dominions and in his Armies Fugitives of that Nation and that in great Commands over the Militia of the same 3. That His Majesty having sent an Extraordinary Ambassador to Ratisbone to demand that in this present Dyet that Justice be done to the Electoral House by the House of Austria and likewise published a Manifest by advice of his Parliament declaring that if this be not done by them with whom how the Interests of Spain are involved and interwoven is evident to all Men His Majesty will employ all such Power wherewith God hath enabled him both by his own Arms and the assistance of all his Allies to vindicate his Honour the Parliament conceives That before Answer be made to this so just demand it is neither Safe nor Honourable for His Majesty to furnish that Prince with Forces which may be a disheart'ning to the Protestant Party abroad a weakning to His Majesty and a strength to his Enemies in case Justice be not done to the Electoral House which they conceive themselves to have the more Cause to doubt by reason of the Publication in Print of the late general Amnesty to the Exclusion of the Prince Palatine Whereupon it was Resolved upon the Question Nemine Contradicente That this House joynes with the House of Commons herein After which an Ordinance was agreed upon not to permit any Forces to be transported for the Service of Forreign Princes which was as followeth Die Jovis 9. Sept. 1641. Thursday Septem 9. An Ordinance was made and agreed upon by the Lords and Commons in this present Parliament The Ordinance against transporting Forces into the Service of any Forreign Prince concerning the Raising and Transporting of Forces of Horse or Foot out of his Majesties Dominions of England and Ireland FOr the Safety and Defence of this Kingdom and for the better enabling of his Majesty to aid and assist his Allies abroad It is Ordered by the Lords and Commons in Parliament That none of his Majesties Subjects shall Treat or Contract
Provinces of Munster and Connaght as also to the Sheriffs of five Counties of the Pale to consult the best way and means of their own preservation That day the Lord Viscount Gormanstoun the Lord Viscount Netterville the Lord Viscount Fitz-Williams and the Lord of Lowth and since the Earls of Kildare and Fingal and the Lords of Dunsany and Slane all Noblemen of the English Pale came unto us declaring That they then and not before heard of the matter and professed all Loyalty to His Majesty and Concurrence with the State but said they wanted Arms whereof they desired to be supplied by us which we told them we would willingly do as relying much on their faithfulness to the Crown but we were not yet certain whether or no we had enough to Arm our strengths for the guarding of our City and Castle yet we supplied such of them as lay in most danger with a small proportion of Arms and Ammunition for their Houses lest they should conceive we apprehended any Jealousie of them and we commanded them to be very diligent in sending out Watches and making all the Discoveries they could and thereof to advertise us which they readily promised to do And if it fall out that the Irish generally rise which we have cause to suspect then we must of necessity put Arms into the hands of the English Pale in present and others as fast as we can to fight for the defence of the State and themselves Your Lordship now sees the Condition wherein we stand and how necessary it is first That we enjoy your Presence speedily for the better guiding of these and other Publick Affairs of the King and Kingdom And secondly That the Parliament of England be moved immediately to advance to us a good Sum of Mony which being now speedily sent hither may prevent the expence of very much Treasure and Blood in a long continued War And if your Lordship shall happen to stay on that side any long time we must then desire your Lordship to appoint a Lieutenant General to discharge the great and weighty burthen of commanding the Forces here Amidst these confusions and disorders fallen upon us we bethought us of the Parliament which was formerly Adjourned to November next and the Term now also at hand which will draw such a concourse of People hither and give opportunity under that pretence of Assembling and taking new Councils seeing the former seems to be in some part disappointed and of contriving further danger to this State and People We therefore found it of unavoidable necessity to Prorogue the Parliament to the 24th day of February next and therefore we did by Proclamation Prorogue it accordingly and do direct the Term to be Adjourned to the first of Hillary Term excepting only the Court of Exchequer for the hastening in the King's Money We desire that upon this occasion your Lordship will be pleased to view our Letters concerning the Plantation of Connaght dated the 24th of April last directed to Mr. Secretary Vane in that part thereof which concerns the County of Monoghan where now these fires do first break out In the last place we must make known to your Lordship That the Army we have consisting but of 2000 Foot and 1000 Horse are so dispersed in Garrisons in several Parts of the four Provinces for the security of those Parts as continually they have been since they were reduced as if they be all sent for to be drawn together not only the Places where they are to be drawn from and for whose safety they lye there must be by their absence distressed but also the Companies themselves coming in so small numbers may be in danger to be cut off in their march nor indeed have we any mony to pay the Soldiers to enable them to march And so we take leave and remain From His Majesties Castle of Dublin 25 Oct. 1641. Your Lordships to be Commanded William Parsons John Borlase Robert Boulton Canc. J. Dillon Anth. Midensis Jo. Raphoe Thomas Rotherham Fra. Willougbly Jo. Ware Ro. Digby Adam Loftus Jo. Temple Gerrard Lowther George Wentworth Ro. Meredith Postscript The said Owen Connelly who revealed this Conspiracy is worthy of great Consideration to Recompence that Faith and Loyalty which he hath so extremely to his own danger expressed in this business whereby under God there is yet hope left us of Deliverance of this State and Kingdom from the wicked purposes of those Conspirators And therefore we beseech your Lordship that it be taken into Consideration there so as he may have a mark of His Majesties most Royal Bounty which may largely extend to him and his Posterity we being not now able here to do it for him William Parsons As we were making up these our Letters the Sheriff of the County of Monoghan and Dr. Teale having fled came unto us and informed us of much more Spoil committed by the Rebels in the Counties of Monoghan and Cavan and that the Sheriff of the County of Cavan joyns with the Rebels being a Papist and Prime Manof the Irish William Parsons Robert Digby John Dillon Adam Loftus Then Sir William Cole's Letter which had given some Light to the Conspiracy was read as followeth Right Honorable UPon Friday last Two of the Natives of this County Sir William Cole's Letter to the Lord Justices of Ireland just before the discovery of the Rebellion Men of good Credit came to my House and informed me that Hugh Boy Mr. Tirlagh Mr. Henry O Neal a Captain which came from Flanders about May last hath since that time had the chiefest part of his Residence in Tyrone at or near Sir Phelem Roe O Neal 's House to which Place it hath been observed there hath been more then an Ordinary or former Vsual resort of People so frequent that it hath bred some Suspition of Evil Intendments in the Minds of sundry Men of honest Inclinations and these Gentlemen my Authors do say that they do hold no good Opinion of it rather construing an evil Intention to be the Cause thereof For my own part I cannot tell what to make or think of it The Lord Maguire in all that time as they inform me also hath been noted to have very many private Journeys to Dublin to the Pale into Tyrone to Sir Phelim O Neals and many other Places this Year which likewise gives diverse of the Country Cause to doubt that something is in Agitation tending to no good Ends. Vpon Saturday last one of the same Gentlemen came again to me and told me that as he was going Home the Day before he sent his Footman a nearer Way then the Horse Way who met with one of the Lord Inskillins Footmen and demanded of him from whence he came Who made Answer That he came from Home that Morning and the other replying said You have made good hast to be here so soon to which he answered That his Lord came Home late last Night and writ Letters all
annum Pension untill Provision be made of Inheritance of a greater Value and to be recommended to the Lord Lieutenant of Ireland for some Preferment there A Message was then carried up from the House of Commons by Sir John Clotworthy Knight to desire a present Conference by a Committee of both Houses if it may stand with their Lordships Convenience touching the Troubles in Ireland and the Security of this Kingdom To which the Lords immediately consented and the Lord Keeper was Ordered to Report the Conference which he did to this Effect Mr. Report of the Conference about the troubles in Ireland Nov. 1. 1641. Pym said he was Commanded by the House of Commons to desire their Lordships to let the Earl of Leicester Lord Lieutenant of Ireland know That they take his Diligent and Timely acquainting the Parliament with his Intelligence concerning the Rebellion and Treason in Ireland very well for which he was Commanded to give his Lordship Thanks from the House of Commons for his good Service done therein to the King and Kingdome He said He was further to Acquaint their Lordships with some Resolutions which the House of Commons have made concerning the Affairs and the Securing of this Kingdom To which purpose they Resolved That 50000 l. shall be forthwith provided and they desire that a Select Committee of the Members of both Houses may be appointed to go to the City of London and to make a Declaration unto them of the State of the Business in Ireland and to acquaint them That it will be an Acceptable Service to the Commonwealth to Lend Money and that the Committees propose to the City the Loan of 50000 l and to assure them That they shall be Secured both for the Principal and Interest by Act of Parliament 2. That the House of Commons desires That a Select Committee of both Houses may be appointed to consider of the Affairs of Ireland and of the raising and sending of Men and Ammunition from hence into Ireland and of the Repair of the Lord Lieutenant of Ireland thither and of a Declaration of both Houses of Parliament to be sent into Ireland and that Committee to have power from time to time to open Pacquets sent into Ireland or from Ireland 3. For a Reward for Owen Connelly ut supra in the Vote 4. That a Committee of Lords may be nominated to take the further Examination of Owen Connelly upon Oath upon such Interrogatories as shall be Offered by a Committee of the House of Commons and in the presence of that Committee 5. That the Custody of the Isle of Wight for the present may be sequestred into another hand 6. That the Persons of Papists of Quality in the several Counties where they reside may be secured and such English Papists as within one Year last past have removed themselves into Ireland Except the Earl of St. Albanes and such other Persons as have their Ancient Estates and Habitations there may by Proclamation be Commanded to return hither within one Month after the Proclamation there made or otherwise some Course to be taken by Act of Parliament for Confiscation of their Estates The Lords taking these Propositions into Consideration severally The Lords Answers to the Commons Propositions concerning Ireland c. Resolved as followeth 1. To the First It was Agreed That a Select Committee of Lords should joyn with a proportionable Number of the Commons to go to the City of London to Borrow 50000 l. for the Irish Affairs and the Lord Privy Seal Lord Admiral Earl of Warwick Earl of Bristol Lord Bishop of Winton Lord Bishop of Lincoln Lord Bishop of Glocester c. were named and Ordered to go to Morrow at 4 a Clock in the Afternoon 2. To the Second It was Agreed and the same Committee appointed this Day for Opening of Letters were Ordered to seâ—â—e for this matter 3. To the Third concerning a Reward to be given to Owen Connelly Agreed to 4. To the Fourth Agreed that the same Committee for opening Letters shall Examine Connelly with this Liberty That any Peer may be present unless he be forbidden by this House 5. The Fifth Proposition concerning the Isle of Wight laid aside for the present 6. Concerning the 6th Proposition It is agreed That such as are Convicted Recusants shall be secured according as the Law hath appointed for such as are not convicted Recusants it is referred to the Select Committee of both Houses to consider what Course is fit to be taken to secure their persons in those Cases where the Law is defective Concerning the Proclamation the Lords think fit That the Minutes or Draught of a Proclamation be sent to the King in Scotland that so he may from thence send his Warrants and Directions for issuing out a Proclamation to that Purpose in Ireland After which the Lord Keeper by Command gave Thanks in the Name of the House to the Earl of Leicester Lord Lieutenant of Ireland as before Mr. Pym had done in the Name of the Commons And he was further desired speedily to write to the King and acquaint him with the Affairs of Ireland and the Danger that Kingdom is now in and to let His Majesty know What Course the Parliament here hath taken for to give Supply and Aid for the Reducing of the Rebels And also the Lord Lieutenant was commanded to write to the Lords Justices of Ireland and the Council there to let them know That the Parliament hath taken into their Care to send them a Supply of Men and of Money with all convenient speed and are Resolved to give them Assistance in this great Defection wishing them to persist in their Diligence and Care in defending that Kingdom against the Rebels until Succours can be sent them And that they give Intelligence with the first Opportunities how the State of that Kingdom is and how the Rebels behave themselves Before we proceed any further in this Parliamentary Account of these Transactions concerning this dismal Tragedy and Infamous Conspiracy acted by these Irish Papists I think it will be no less than both the Readers Curiosity and the Nature of the Matter obliges me to give a Succinct account of the Occasions Reasons and Grounds of this Horrid Treason and Rebellion leaving the following Series of it to be interwoven with the other Matters which will compose these Historical Collections and this I will endeavour with all the Truth and Impartiality I am capable of according to the best of my Judgment and the Sentiments of such Authorities as having been Actors in or at least Eye and Ear witnesses of the Management of the Affairs of Ireland during this Calamitous Storm or rather Hurricane of that Rebellion wherein whole Rivers of humane Blood were most inhumanely shed and the Fields of that Island formerly for its Renowned Piety called the Island of Saints blushed with so many Carnages as were capable of changing the name into the Island of Devils were it not that the better
mercy but I declare good People before God and his Holy Angels and all of you that hear me that I never had any Commission from the King for what I have done in Levying or Prosecution of this War and do heartily beg your Prayers all good Catholicks and Christians that God may be merciful unto me and forgive me my sins More of his Speech I could not hear which continued not long the Guards beating off those that stood near the place of Execution All that I have written as above I declare to be true and am ready if thereunto required upon my Corporal Oath to attest the truth of every particular of it And in Testimony thereof do hereunto Subscribe my Hand and affix my Seal this 28th day of February 1681. John Ker Locus Sigilli Nor will it appear at all strange to Posterity that those Infamous Usurpers of the Presbyterian and Indepenent Faction of the Parliament who afterwards Murthered his Sacred Person should attempt to Assasinate the Fame and Honour of that Royal Martyr but when under the Just and Easie Government of the Son of that Father persons who seem extremely solicitous for the Truth and to deliver the most impartial account of those Affairs to Posterity shall adventure to dip their Pens in the same Ink and revive the old sleeping Calumnies and Insinuations it will be absolutely necessary by way of precaution to future Ages to set some Mark upon them and to do Justice to the Memory especially of that Injured and Oppressed Prince by clearing it from these false and unjust Aspersions lest otherwise he should again suffer a Martyrdom in his Innocent Memory and after times come to entertain suspicions that the Crimes objected against him were not altogether Groundless since they find them supported by those who seem to have espoused his Interest and who make such fair pretensions to exact Truth in the Relation of this Horrid Rebellion I will not insist upon a late Paper which hath already received the marks of His Majesties just displeasure for insinuating a Scandalous Reflexion upon his Royal Father in affirming That the Committees of the Parliament of Ireland were in at the Intrigues of the Popish Faction at Court which words however endeavoured to be palliated with a Restriction only to the Papists who without employes of Ministers or Privy Councellors followed the Court contrary to Law yet in the Natural import must signifie a Managing Plotting and Designing People to whom for their Interest and Power the Committees made this Application and what ever Construction Loyal Subjects may make of such Words the Turbulent and Factious always by Faction at Court understand those Ministers of State and Privy Councellors whom they according to the Liberty they take are wont to call also Evil Councellors Popish Councils of which it is easie to give a Thousand Instances and how dangerous such Reflexions are to the Government his late Majesty sufficiently felt and his Son our Royal Sovereign hath had just ground to fear and the more when they are propagated by persons whose Station gives them a Popular Credit and evil disposed persons will be apt to draw inferences from such Authorities to support the dangerous Calumny against the Court of the Son of which the Fathers is how falsely soever Accused But though I insist not upon this Books of that bigness being not long lived in the World especially when so marked by publick reprehension yet I cannot pass by what a late Historian whose Works are more likely to survive the present and some future Ages has upon this subject interspersed to the Scandal of his late Majesty and one of his most Faithful and Loyal Subjects his Lord Lieutenant of Ireland the then Marquess now Duke of Ormond whose generous fidelity to the Crown of England and constant services to the Church and State the Protestant Religion and Interest and his wise conduct of the Affairs of Ireland with which he hath been so successfully entrusted by his Royal Master might have expected a far better treatment then now when the signal hand of Providence hath as a Recompence of his Loyalty and Sufferings conducted his Grace to an Age of Glory to raise new storms of Detraction against his Reputation and Honour even when he seems to have come to an Anchor in the Favour of his Prince and the esteem of all good and faithful Subjects to the Crown The History though his name is not affixed to the Title Some Animadversions upon Dr. Borlase's History of the Execrable Irish Rebellion goes generally under the name of Dr. Borlase's and if it be so Dr. Borlase must excuse me if I take the liberty to affirm that he has not followed Old Tully's Honourable Character of an honest Historian Ne quid falsi audeat dicere of which I think he hath not only failed in many particulars but again raised up the Spirit of Detraction Of the Good Old Cause to persecute the Ashes of the Illustrious Martyr and wound the future Honour of his most faithful Ministers I do not intend to write a solemn Confutation of his Book and more then that I do think it in many things true and so useful that I shall make use my self of such Authorities in it as are fortified by Truth but I must still have freedom to dissent from him wherever hereafter I find him discrepant from Truth I shall only in this place in short take notice of some few passages wherein he seems not only to swim down the Popular Torrent of the Calumnies of the late times of Usurpation but to bring the Stream of his own Sentiments and Reasonings to supply that Channel which was so near dry as to be almost Fordable by the most indifferent Understandings in the Transactions of the late Troubles and in my Opinion are of so dangerous Consequence to the raising of new ones that nothing but an ingenuous Confession of not attending to the Consequences of reviving and promoting such insinuations can make any tolerable excuse for the mischiefs they may do and an indeavour to prevent them by making the acknowledgment of the mistakes as publick as the mistakes are dangerous But since as I lately am informed the Author is by his Death put out of the possibility of making that Reparation to the Government I think it of absolute necessity to shew the World those mistakes which surviving in his Writings if not detected may do more mischief after his Death then his publick Recanting and Retracting of them could have done Justice to the injured Memory of his late Majesty his Ministers and Government had he lived and been so ingenuous as to do it And first He seems to stumble at the very Threshold of his Work in matter of Fact which is but an Ominous setting out for an Historian and must be either out of Ignorance or Design either of which are very ill Ingredients towards the composing a History An instance of which in the very first Page
this Kingdom and in Pursuance thereof they and every of them have Traiterously Contrived Introduced and Exercised an Arbitrary and Tyrannical Government against Law thorowout this Kingdom by the Countenance and Assistance of Thomas Earl of Strafford then Chief Governor of this Kingdom II. That they and every of them the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of the Common-Pleas and Sir George Radcliffe Knight have Traiterously assumed to themselves and every one of them regal Power over the Goods Persons Lands and Liberties of his Majesties Subjects in this Realm and likewise have Maliciously Perfidiously and Traiterously Given Declared Pronounced and Published many False Unjust and Erroneous Opinions Judgments Sentences and Decrees in Extrajudicial manner against Law and have Perpetrated Practised and Done many other Traiterous and unlawful Acts and Things whereby as well divers Mutinies Seditions and Rebellions have been raised as also many Thousands of his Majesties Liege People of this Kingdom have been Ruined in their Goods Lands Liberties and Lives and many of them being of good Quality and Reputation have been utterly defamed by Pillory Mutilation of Members and other infamous Punishments By means whereof his Majesty and the Kingdom have been deprived of their Service in Juries and other Publick Imployments and the general Trade and Traffick of this Island for the most part destroyed and his Majesty highly Damnified in his Customs and other Revenues III. That they the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther Knight and Sir George Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other Traiterous Courses have laboured to Subvert the Rights of Parliament and the ancient Course of Parliamentary Proceedings all which Offences were contrived Committed Perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their Oaths of the same at such times as the said Sir R. Bolton Knight was Lord Chancellor of Ireland Chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord Chief Justice of the said Court of Common-Pleas and against their Oaths of the same and at such time as the said John Lord Bishop of Derry was actual Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their Allegiance several and respective Oaths taken in that behalf IV. For which the said Knights Citizens and Burgesses do Impeach the said Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight aforesaid and every of them of High-Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the Liberty of exhibiting at any time hereafter any Accusation or Impeachment against the said Sir Richard Bolton John Lord Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their Answers which they and every of them shall make to the said Articles or any of them and of offering Proof also of the Premisses or of any other Impeachment or Accusation as shall be by them Exhibited as the Case shall according to the Course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chief Justice of his Majesties said Court of Common-Pleas and Sir George Radcliffe Knight and every of them be put to Answer to all and every of the Premisses and that all such Proceedings Examinations Tryal and Judgment may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Thus did these Popular Reforming Protestants help to unhinge the Government and not only helped forward the Designs of the Irish if Sir John Temple's observation before mentioned be true of their endeavours to push out the present Ministers and to get into their places but they gave great Countenance especially to the Vulgar and colourable pretences to the Ensuing Rebellion when even the Protestants of the Parliament of Ireland as well as the Parliament of England by their severe Procedure against the Earl of Strafford for misgovernment and Oppressions done in Ireland by impeaching of these Persons and by their repeated loud Complaints of Grievances Wrongs and Injustice publickly defamed his Majesties Government and proclaimed to the whole World That those Miseries which the Irish suffered under those their Governors and for the Redress of which they pretended to take up Arms were so great real and intolerable that both the Parliaments of England and Ireland were so deeply sensible of them as to acknowledg and thus bitterly inveigh against them Nor were the active men of the Commons House there less busie but the Lawyers Darcy Martin Plunket Cusack Brown Linch Bodkin Evers and others took upon them with much confidence to declare the Law and to frame several Queries which being proposed to the Judges and their Modest Answers not being satisfactory they gave out Resolutions of their own upon them such as might serve their Interest and Designs rather then comport with the Honor Duty and Allegiance which they owed to their Soveraign The Queries together with the Judges Answers to them as also their own Resolutions which were transmitted hither I find in the Paper-Office as followeth Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions IN as much as the Subjects of this Kingdom are Free Queries propounded by the Parliament of Ireland to the Judges of that Kingdom Loyal and Dutiful Subjects to his most Excellent Majesty their Natural Liege-Lord and King and to be governed only by the Common Lawes of England and Statutes of Force in this Kingdom in the same manner and form as his Majesties Subjects of the Kingdom of England are and ought to be Governed by the said Common-Laws and Statutes of Force in that Kingdom which of Right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birth-right and best Inheritance Yet in as much as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years introduced and practised in this Kingdom did tend to the infringing and violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious Intentions Therefore the Knights Citizens and Burgesses in
Judge to take Four shillings per pound out of all Increases unto his Majesty upon Compositions on defective Titles by avoiding such Patents as the same Judge condemns in an Extrajudicial way This last Question is added by Order of the Lords House Copia Vera Ex. per Phill. Percivall The Answer and Declaration of the Judges unto the Questions Transmitted from the Honourable House of Commons unto the Lords Spiritual and Temporal in Parliament Assembled whereto they desired their Lordships to require the said Judges Answers in Writing forthwith 1. FIrst The Judges Answer to the Queries propounded by the Parliament The said Judges do in all Humbleness desire to represent unto your Lordships the great sense of Grief they apprehend out of their Fear that they are fallen from that good Opinion which they desire to retain with your Lordships and the said House of Commons in that notwithstanding their humble Petition and Reasons to the contrary exhibited in Writing and declared in this most Honourable House your Lordships have Over-ruled and often Commanded their Answers unto the said Questions Although they have informed your Lordships and still with assurance do aver That no Precedent in any Age can be shewn that any Judges before them were Required or Commanded to give Answer in Writing or otherwise unto such general or so many Questions in such a manner in Parliament or elsewhere unless in that time of King Rich. 2. which they humbly conceive is not to be drawn into Example And therefore they yet humbly Supplicate your Lordships so far to tender their Professions and Places and their Relation to his Majesties Service as to take into your serious Considerations the Reasons annex'd unto this their Answers before their Answers be answered or admitted among the Acts of this High Court And that if your Lordships in your Wisdomes shall after think fit to give any Copies of their Answers that for their Justification to the Present and Succeeding Times your Lordships will be pleased to require the Clerk of this most Honourable House That no Copy may be given of the said Answers without the said Reasons 2. Secondly The said Judges humbly desire your Lordships to be pleased to be informed That the words in His Majesties Writ by which they are Commanded to attend in Parliament are That the said Judges shall be present with the Lord Justices or other Chief Governor And your Lordships at the said Parliament called Pro ardus urgentibus Regni negotiis super dictis negotiis tractaturi Confilium suum impensuri And they desire your Lordships to take into your serious Considerations Whether any Advice may be required by your Lordships from them but concerning such particular matters as are in Treaty and Agitation and Judicially depending before your Lordships upon which your Lordships may give a Judgment Order or Sentence to be recorded among the Orders and Acts of this Honourable House And whether they may be Commanded by your Lordships to Subscribe their Hands unto any Opinion or Advice they shall give upon any matter in Debate before your Lordships there And whether your Lordships conceive any final Resolution upon the maâ—ters contained in the said Questions 3. Thirdly Although the said Questions are but 22 in number yet they say That they contain at least Fifty general Questions many of them of several matters and of several natures within the Resolution of which most of the greatest Affairs of this Kingdom both for Church and Common-wealth for late years may be included And therefore the said Judges do openly aforehand profess That if any particular that may have Relation to any of those Questions shall hereafter come Judicially before them and that either upon Argument or Debate which is the Sieve or Fan of Truth or Discovery of any general Inconveniences to King or Common-wealth in Time which is the Mother of Truth or by further Search or Information in any particular they shall see Cause or receive Satisfaction for it they will not be Concluded by any Answers they now give unto any of those general Questions but they will upon better Ground and Reason with their Predecessors the Judges in all Ages with Holy Fathers Councils and Parliaments retract and alter their Opinion according to their Conscience and Knowledge and the Matter and Circumstances of the Cause as it shall appear in Judgment before them it being most certain That no general Case may be so put but a Circumstance in the matter or manner may alter a Resolution concerning the same 4. Fourthly The succeeding Judges and Age notwithstanding any Answer given by the now Judges may be of another Opinion then the now Judges are without disparagement to themselves or the now Judges in regard that many particular Circumstances in many particular Cases may fall out that may alter the Reason of the Law in such Case which could not be included or foreseen in a general Question or Answer thereunto And therefore they desire your Lordships to consider of what use such Answers may be to the present or future Times 5. Fifthly Many of the said Questions as they are propounded as the said Judges humbly conceive do concern His Majesty in a high Degree in his Regal and Prerogative Power in this Government in his Revenue in the Jurisdictions of his Courts in his martial Affairs and in Ministers of State so that the said Judges considering their Oaths and the Duty which by their Places they owe unto His Majesty humbly may not with safety give Answer thereunto without special direction from His Majesty And therefore they still humbly pray your Lordships as formerly they did not to press any Answers from them untill His Majesties Princely pleasure therein be signified 6. Sixthly If the matters of those Questions which aim at some abuses of former Times were reduced into Bills they conceive it were the speedy way to have such a Reformation which might bind the present Times and Posterity And in such proceedings they ought and would most chearfully contribute their Opinions and best endeavours but in such a course as they apprehend it which points at punishment they have Reason to be sparing in giving any Opinion further then the Duty of their Places doth Command from them 7. Seventhly Although it may be conceived that the Answering of such and so many general Questions by the now Judges may contribute some help to the Reformation now so much desired yet no Man knoweth but this new Precedent in propounding such Questions to Judge in succeeding Times as the Judges and frame and Constitution of the Common-wealth may be may fall out to be most prejudicial to the State or Common-wealth 8. Eighthly Most of the matters of several of the said Questions are already by your Lordships and the said House of Commons Voted and represented unto His Majesty for Grievances and therefore no Opinions of the said Judges under favour are needful or to be required thereunto unless the same shall
That Mr. Hugh Benson shall be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House After which it was Ordered Captain of Hurst Castle Summoned That the Lord Gorge who is Governor of Hurst Castle be forthwith Summoned to appear here to give an Account why he suffered that Castle to go to decay A Complaint was exhibited by the Resident of Florence Resident of Florence complains of his House being broken c. against May and Newton two Persons imployed to apprehend Priests for violently contrary to the Law of Nations breaking open his Doors and taking and committing his Domestick Servants to Prison Whereupon it was Ordered That the said May and Newton be Summoned to give an Account of that Action and that the said Persons Imprisoned be set at Liberty the Resident passing his Word for their forth-coming Then certain Interrogatories to be administred to Owen O Connelly Interrogatories for the further Examination of Connelly were read as follows 1 What ground had you to Suspect that the Papists had any Design upon the State of Ireland 2 What have you heard any Priests or others say concerning the promoting of the Romish Religion 3 What Discourse have you had with Hugh Ogh Mac-Mohan concerning any such Design in Ireland 4 Have you heard of any Design in England or Scotland of the like Nature what is it you have heard Declare your whole Knowledg The Design of which Questions as plainly appears by the very Words of them were purposely to draw out something from him which might give color to the pretended Calumnies against the King or Queen or both of them as being some way or other concerned in promoting Popery and the Rebellion in Ireland as they had upon all Occasions insinuated the King to have been privy and Consenting to the Design of bringing up the Army and the Conspiracy in Scotland pretended against Hamilton Argyle and others And indeed the Faction laid hold upon all Occasions which were in the least capable of an Improvement to the Defamation of his Majesty and to rob him of the Affections of his People by whispering such Surmises as might beget and confirm those useful Fears and Jealousies of Popery and Arbitrary Power which were to be the Engines by which their wicked and mischievous Designs were to be effected and accomplished After this Sir Thomas Widdrington Reports further of the Conference The Report of the Conferrence about the Prince and Queen concerning the Prince and Queen That the Earl of Holland said he had according to the Commands of both Houses waited upon her Majesty and presented her with the Reasons of both Houses why they desired that the Prince should reside at Richmond 1. Because that he lost much opportunity in improving himself in his Learning and Study by being at Oatlands 2. Next though the Parliament doth not think her Majesty would intimate any thing to him concerning her Religion yet there were many about her which might prepare him with those impressions in his Religion which mightsit upon him many Years after 3. That in this time so full of danger for we hear of new Treasons every day that the Prince might be more Secure and yet his Lordship said he acquainted the Queen That it was not the Intentions of the Two Houses of Parliament that the Prince should not at all wait upon her Majesty but might come when her Majesty was desirous to see him but yet that his place of Residence might be at Richmond for otherwise his Governor could not take that Charge over Him as was required by the Parliament nor be answerable for such Servants as were about him His Lordship was pleased further to say That Her Majesty gave this Answer THat She gave the Parliament Thanks for their Care of her Son The Queens Answer the Occasion wherefore Her Majesty sent for him was to Celebrate the Birth-Day of one of his Sisters but that the Prince should be presently sent back to Richmond And Her Majesty said She did make no doubt but upon the King's Return the Parliament will Express the like Care both of the Kings Honor and Safety Mr. Whitlock further Reported That the Lord Chamberlain said at the Conference That he had taken care for a Guard That many of them complained of standing upon their Guard 24 Hours without Relief and some of the Captains neglect to come and that therefore Order should be taken therein A Message was brought from the House of Commons by Arthur Goodwin Esquire to let their Lordships know Wednesday Novemb. 3. A Message from the Commons about Phillips the Priest That he was Commanded to give their Lordships Thanks from the House of Commons for their Care and Honour of Religion in committing Robert Phillips the Priest unto the Tower desiring that he may not be released from his Imprisonment without they be made acquainted with it and that their Lordships would give Directions that none may speak with him at the Tower but in the presence of some of the Keepers Whereupon the Lords made an Order accordingly The Lord Privy Seal Reported The Report about Borrowing 50000 l. of the City That Yesterday the Committees of both Houses in the Name of the Parliament went to the City to propound the Borrowing of 50000 l. for the Irish Affairs He said They gave the City a full relation of the State and Condition of Ireland now is in it being the Case of Religion That they were much moved at the Relation and the Committees then told the Three Wants which the Council of Ireland desires to be speedily furnished with or else that Kingdom will be in danger to be lost which are Men Arms and Money His Lordship said the Committee told them the Parliament required nothing of them but the Loan of Money which should be Secured to them by Act of Parliament with advantage to themselves with Interest Vpon this the Major and Aldermen with the Common Council presently retired to consult among themselves till it was very late and so the Committees left them The next Morning the Recorder came to the Lords of the Councel at Whitehall and declared That he had Command from the Major and Aldermen and Common Council of the City to inform their Lordships first by way of Protestation That so great Sums of Money were drawn from them lately that they were hardly able to Supply this Occasion Yet such is their Zeal to this Cause that they will do their best Endeavours therein 2. He delivered by way of Plea from the City That Protections were so frequent that unless the Parliament did take some Course therein they shall not be able to do the Parliament that Service they desire in this kind because it decayes their Trading Mr. Recorder further declared That the City had formerly lent 50000 l. upon the Request of the Great Council at York which was due the 22d. of October last which yet is not paid
a Convenient time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Councel of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they do hereby Exhort and Require all his Majesties loving Subjects both in this and that Kingdom to remember their Duty and Conscience to God and his Religion and the great and Eminent Danger which will involve this whole Kingdom in General and themselves in Particular if this abominable Treason be not timely suppressed and therefore with all Readiness Bounty and Chearfulness to confer their Assistance in their Persons or Estates to this so important and necessary a Service for the Common Good of all The Letter to be sent along with this Declaration was in these words MY Lords Justices The Letter from the Speakers of both Houses to the Lords Justices of Ireland and the rest of his Majesties Council of his Majesties Kingdom of Ireland I have received a Command from the Lords House in this present Parliament to send unto you this inclosed Declaration of the Lords and Commons in Parliament for the better Encouragement of his Majesties Faithful Subjects to unite and imploy themselves in opposing and suppressing the Rebels of this and that Kingdom the publishing whereof I am to commend to your Care and Wisdom and rest c. The Resolutions being again read over the House consented to them and ordered the Lord Keeper to take Care to see them sent to Ireland as also to send Copies of them to his Majesty that he may see the Care of his Parliament in his absence concerning the Affairs of Ireland The Lord Admiral was also Ordered to give Command for the stoping of the Posts towards Ireland Order to stop the Posts towards Ireland upon such as are now going from Flanders into the Kingdom of Ireland It was also Ordered Order to take Care to guard the City against Tumults That the Lord Chamberlain of his Majesties Household Captain General of the South Parts of this Kingdom during his Majesties being out of this Kingdom shall give Order to the Lord Mayor of the City of London to safe guard the said City as there shall be Cause against all Tumults and Disorders that shall happen in or about the said City and the Liberties of the same upon any occasion whatsoever In the Commons House it was upon the Question Resolved That the Conference with the Lords shall be renewed concerning the securing of the Persons of Papists It was also Ordered That a Warrant be drawn to pass both Houses to the Master of the Ordnance for the delivery of the Arms and Powder and Ammunition at Carlisle to the Lord Lieutenant of Ireland or such as he shall appoint This day the Lord Keeper signified to the House of Lords Friday Novemb. 5. That he had received a Letter from the Lord Howard at Edenburgh dated the 30th of October 1641 which was commanded to be read the Effect whereof was THat meeting with the Instructions of the Parliament beyond Anwick in his return to London his Lordship and Mr. Fiennes returned back again to Edenburgh to present them to his Majesty which having done his Majesty told them That for the Business of Barwick be hoped by this time the Parliament had received Satisfaction Concerning the Rebellion in Ireland his Majesty upon the first Notice thereof moved the Parliament of Scotland to take this business into Consideration which accordingly they did and appointed a Committee for this very purpose which made Report whereof a Copy is Enclosed together with a Ratification thereof in Parliament wherein they have testified their Affection and respect to this Kingdom The Report of the Committee in the Parliament of Scotland Rege praesente 28 Octobris 1641. HIS Majesty produced a Letter written to him by the Lord Viscount Chichester anent some Commotions in Ireland The Resolutions of Scottish Parliament concerning the Irish Rebellion which was publiquely read in Audience of the Kings Majesty and Parliament And his Majesty desired that some may be appointed to think upon the Business so far as may concern his Majesty and the Kingdom And the Estates nominated the Lord Chancellor Lord General Lord Lothian Lord Amond the Lardis of Wedderburn Kinhault and Murthill the Commissioners of Edinburgh Glascow and Aire to think upon some Course necessary to be done anent the said Letters and what is incumbent to be done by this Kingdom thereupon and Report again to the Parliament To meet in the General his House this Afternoon at two Hours 28 Octobris 1641. This Day in the Afternoon the Committee above nominated appointed for taking into Consideration the Report of the Commotions in Ireland being met in the Lord Generals House and having read the Letter directed to the King's Majesty from the Lord Chichester Dated at Belfast the 24th of October 1641 hath Considered That his Majesty out of His Wisdom and Royal Care of the Peace of His Kingdoms hath already acquainted the Parliament of England with the Intelligence from Ireland and has sent to Ireland to know the certainty of the Commotions and of the Affairs of that Combination which till it be perfectly known there can be no particular Course taken for Suppressing thereof and the Kingdom of Ireland being dependant upon the Crown and Kingdom of England the English may conceive Jealousies and mistake our Forwardness when they shall hear of our Preparations without thair Knowledg in this whairin they are first and more properly concerned And if the Insurrections be of that Importaince as the British within Ireland are not Powerful enough to Suppress it without Assistance of greater Forces * * Scotish for than nor thair Allies and that his Majesty and Parliament of England shall think our Aid necessary to joyn with thaim We conceive That the Assistance which we can contribute may be in readiness as soon as England and if after Resolution taken by his Majesty with Advice of both Parliaments it shall be found necessary that we give our present Assistance we shall go about it with that speed which may Witness our dutiful Respects to his Majesties Service and our Affections to our Brethren his Majesties Loyal Subjects of England and Ireland 29 Die Octob. 1641. Read in Audience of his Majesty and Estates of Parliament ad futuram rei memoriam as ane Testimony of their Affections to his Majesties Service and the Good of the Neighbor Kingdoms and appoints thrie of the Baronis
Garrisons there and that a convenient Number of Men shall be sent from the North Parts of England for the better Guard and Defence of those Forts and Countries adjoyning and that a large proportion of Arms and other Munition shall be speedily conveyed out of his Majesties Stores to West-Chester to be disposed of according to the Direction of the Lord Lieutenant of Ireland for arming the Men to be sent from England and such other of his Majesties Loyal Subjects as may be raised in Ireland 5. And because we understand That the Rebels are like with great strength to attempt the ruin and destruction of the Brittish Plantation in Ulster we humbly Advise his Majesty by the Council and Authority of his Parliament in Scotland to provide that one Regiment consisting if 1000 men furnish't and accomplish't with all necessary Arms and Munition as shall seem best to their Great Wisdoms and Experience may with all possible speed be Transported into Ireland under the Command of some Worthy Person well affected to the Reformed Religion and the Peace of both Kingdoms and well Enabled with Skill Judgment and Reputation for such an Employment which Forces we desire may be Quartered in those Northern Parts for the Opposing the Rebels and Comfort and Assistance of his Majesties good Subjects there with Instructions from his Majesty and the Parliament of Scotland that they shall upon all Occasions pursue and observe the Directions of the Lord Lieutenant his Lieutenant General or the Governor of Ireland according to their Authority derived from his Majesty and the Crown of England 6. And as touching the Wages and other Charges needful which this Assistance will require We would have You in our Name to beseech His Majesty to commend it to our Brethren the Estates of the Parliament of Scotland to take it into their Care on the behalf of His Majesty and this Kingdom to make such agreements with all the Commanders and Soldiers to be imployed as they would do in the like Case for themselves and to let them know For Our parts We do wholly rely upon their Honorable and Friendly dealing with us and will take Care that Satisfaction be made accordingly 7. You shall represent to his most Excellent Majesty this our Humble and Faithful Declaration that we cannot without much grief remember the great Miseries Burthens and Distempers which have for divers Years afflicted all his Kingdoms and Dominions and brought them to the last point of Ruine and Destruction all which have issued from the Cunning False and Malicious Practices of some of those who have been admitted into very near Places of Council and Authority about him who have been Favourers of Popery Superstition and Innovation Subverters of Religion Honor and Justice Factors for promoting the Designs of Forreign Princes and States to the great and apparent danger of His Royal Person Crown and Dignity and of all his People Authors of False Scandals and Jealousies betwixt his Majesty and his Loyal Subjects Enemies to the Peace Vnion and Confidence betwixt Him and his Parliament which is the surest Foundation of Prosperity and Greatness to his Majesty and of Comfort and Hope to them That by their Councils and Endeavours those great Sums which have been lately drawn from the People have been either consumed unprofitably or in the maintenance of such Designs as have been Mischievous and Destructive to the State and whilest we have been labouring to Support his Majesty to purge out the Corruptions and restore the Decayes both of Church and State others of their Faction and Party have been contriving by Violence and Force to suppress the Liberty of Parliament and indanger the Safety of those who have opposed such wicked and pernicious Courses 8. That we have just Cause to believe That those Conspiracies and Commotions in Ireland are but the Effects of the same Councils and if persons of such Aims and Conditions shall still continue in Credit Authority and Imployment the great Aids which we shall be inforced to draw from his People for subduing the Rebellion in Ireland will be applied to the Fomenting and Cherishing of it there and Encouraging some such like attempt by the Papists and ill-affected Subjects in England and in the End to the Subversion of Religion and destruction of his Loyal Subjects in both Kingdoms And do therefore most humbly beseech his Majesty to change those Councils from which such ill Courses have proceeded and which have Caused so many Miseries and Dangers to himself and all his Dominions and that he will be graciously pleased to imploy such Councils and Ministers as shall be approved of by his Parliament who are his greatest and most Faithful Council that so his People may with Courage and Confidence undergo the Charge and Hazard of this War and by their Bounty and Faithful Endeavours with Gods Blessing restore to his Majesty and this Kingdom that Honor Peace Safety and Prosperity which they have Enjoyed in former times And if herein his Majesty shall not vouchsafe to condescend to our humble Supplication although we shall always continue with Reverence and Faithfulness to his Person and to his Crown to perform those Duties of Service and Obedience to which by the Laws of God and this Kingdom we are Obliged Yet we shall be forced in discharge of the Trust which we ow to the State and to those whom we represent to Resolve upon some such way of defending Ireland from the Rebels as may concur to the Securing our selves from such Mischievous Councils and Designs as have lately been and still are in practice and agitation against us as we have just cause to believe and to commend those Aids and Contributions which this great Necessity shall require to the Custody and Disposing of such Persons of Honor and Fidelity as we have Cause to confide in The Faction as the Reader may before have observed had upon all Occasions indeavoured to lay hold upon the Soveraign Power of the Sword and indeed nothing less could Protect them from their own Fears of a future Reckoning which they were affraid they must make if ever the King's Affairs came into a prosperous Condition and setled Posture But certainly next to the Execrable Rebellion in Ireland it was one of the most barbarous Outrages to a most Excellent Prince whose Indulgence was his greatest Crime not only to charge him with the Fomenting and in a manner Contriving this most wicked Rebellion as is evident by these Venemous Reflections they intended to do but to take this advantage of the Misfortune of his Affairs to wrest from him that little remainder of Power and Regal Authority which he had not hitherto divested himself of But this was the Resolution of these Ingrateful and Ungenerous Subjects whose unbounded Ambition all the Streams of Royal Bounty were not able to satisfie so long as the King was the Fountain of them and they were determined to make use of his Majesties extreme Necessity as they had
ever hitherto done to advance their own wicked Intendments and rather then fail of them to raise a more desperate Rebellion in England instead of applying themselves vigorously as they were in Duty Honor and Conscience bound to assist his Majesty to suppress the other in Ireland and let their Pretences be never so glorious for the Preservation of the Reformed Religion and Interest yet it is evident that even from the very first Eruption of this Rebellion they had a Design to make their own Terms with the King and to oblige him under the Pretence of abandoning Evil Counsellors to devolve the intire Trust of the whole Nation and consequently his Crown and Dignity into their Hands and to leave him only the vain shaddow of Sovereignty and Majesty and unless he would Consent to this they must as they say be obliged to take other Measures for the fecuring themselves from such mischievous Councils and Designs as have lately been in Practice and Agitation against them and a little time discovered what ways those were for in Reality this was no new Design the crucifying Remonstrance of the State of the Kingdom had been long hewing and these were but some Chips of that Block only they were wanting a fit Occasion and this offering it self they were resolved to lay fast hold upon it But in regard though they had sorely shaken and disabled the third Estate of the Lords Spiritual in Parliament by the repeated Batteries of Impeachments and Bills to take away their Voices yet there was a great Number of the Lords Temporal whose unstained Loyalty and Fidelity to the Crown and Royal Interest might prove dangerously Obstructive to their wicked Intentions they were resolved to attempt to deceive as many of them as they could by their popular Rhetorick upon this Topique of the danger of evil Counsels and Counsellors and if any proved refractory or had Constitutions too strongly amuletted with Loyalty against this insinuating Poison they had other more severe Methods of purging the Body Politick and Representative to be made use of upon Occasion as we shall see hereafter Upon this Subject of evil Councils and Counsellors Mr. Pym the great Oracle of the Faction took Occasion at this last Conference to display his Talent in these Terms HE said he was to speak touching the ill Councils Mr. Pym's Speech at the Conference concerning ill Councils November 10. which he laid down in these several Steps 1 First That the Dangers which come to the State by ill Councils are the most pernitious of all others and since it is usual to compare Politick Bodies with the Natural the Natural Body is in danger divers Wayes either by outward Violence and that may be foreseen and prevented or else by less appearing Maladies which grow upon the Body by Distempers of the Air immoderate Exercise Diet c. and when the Causes of the Disease are clear the Remedy is easily applied but Diseases which proceed from the inward Parts as the Liver the Heart or the Brains the more noble Parts it is a hard thing to apply Cure to such Diseases Ill Councels they are of that Nature for the Mischiefs that come by evil Councel corrupt the Vital Parts and overthrow the Publick Government 2 * If this had been applied to himself and his Faction he never spoke more truth in his whole life The second Step is That there have been lately and still are ill Councils in this Kingdom and about the King 1 That there hath been lately you will not doubt when the main Course of the Government hath been so imployed as Popery thereby hath been maintained the Laws subverted and no distinguishing between Justice and Injustice and that there is still reason to doubt is apparent by the Courses taken to advance mischievous Designs but that his Majesties Wisdom and Goodness kept them from the Heart though they were not kept out of the Court so most Principal and mischievous Designs have been practised by such as had near Access unto his Majesty though not to his Heart and the Apologists and Promoters of ill Counsels are still preferred 3 The third Step is That the ill Counsels of this Time are in their own Nature more mischievous and more dangerous then the ill Counsels of former Times former Counsels have been to please Kings in their Vices * A remarkable Testimony from an Enemy of the King's Innocence from which our King is free and sometimes for racking of the Prerogative if it had gone no further it had brought many Miseries but not Ruine and Destruction but the ill Counsels of this Time are destructive to Religion and Laws by altering them both therefore more Mischievous in their own Nature then those of former Times 4 The fourth Step is That these ill Counsels have proceeded from a Spirit and Inclination to Popery and have had a Dependance on Popery and all of them tend to it the Religion of the Papists is a Religion incompatible with any other Religion destructive to all others and doth not indure any thing that opposeth it whosoever doth withstand their Religion if they have Power they bring them to Ruin There are other Religions that are not right but not so destructive as Popery is for the Principles of Popery are destructive to all States and Persons that oppose it with the Progress of this mischievous Councel they provide Counsellors fit Instruments and Organs that may execute their own Designs and to turn all Councils to their own Ends and you find that now in Ireland that those Designs that have been upon all the Three Kingdoms do end in a War for the maintenance of Popery in Ireland and would do the like here if they were able they are so intentive to turn all to their own Advantage 5 The fifth Step That unless these ill Councils be changed as long as they continue it is impossible that any Assistance Aid or Advice that the Parliament can take to reform will be effectual for the Publick Orders and Laws are but dead if not put in Execution those that are the Instruments of State they put things into Action but if acted by Evil Men and while these Counsels are on foot we can expect no good it is like a Disease that turns Nutritives into Poyson 6 The sixth Step is That this is the most proper time to desire of his Majesty the Alteration and Change of the evil Counsellors because the Common-Wealth is brought into Distemper by them and so exhausted that we can indure no longer Another Reason why we cannot admit of them is to shew our Love and Fidelity to the King in great and extraordinary Contributions and Aids when God doth imploy his Servants he doth give some Promise to rouse up their Spirits and we have reason now to expect the King's Grace in great abundance this is the time wherein the Subject is to save the Kingdom of Ireland with the hazard of their Lives and Fortunes And
therefore expect from his Majesty in a more larger and bountiful Manner then at other times A time of great Agitation and Action their State is ready by preparation to annoy us and ill and false Councils at home may quickly bring us to Ruin as we have weakness at home so we ought to decern the Actions abroad where great Provisions are made and a carelesness and improvidence herein when our Neighbours are so provided and have such great Fleets at Sea as will open a Way to suddain Ruin and Destruction before we can be prepared and therefore now the fittest time to move the King 6 The seventh and last Step is That this Alteration of Councils will bring great Advantages to the King in his own Designs In all our Actions our Prayers to God should be that his Name should be Glorified so our Petitions to his Majesty should bring Honor and Profit and Advantage to him by a discouragement to the Rebels a great part of their Confidence resting in the Evil Counsels at home as by the Examinations appeareth it will be a great Encouragement to the King 's good Subjects at home who hazzard their Lives and give Aid and Contribution to have things governed for the Publick Good it will make Men afraid to prefer Servants to the King that are ill Counsellors when they shall come to the Examination of the Parliament for many times Servants are preferred to Princes for advantage of Forreign States This will put an Answer into the King's Mouth against all Importunities that he is to prefer none but such as will be approved on by Parliament those that are Honorable and most Ingenious are aptest to be troubled in this kind and not to deny therefore the King may Answer he hath promised his Parliament not to admit of any but by Advice in Parliament this will Answer them all These are Domestick Advantages but it will also make us fitter to enter into Union and Treaty with Foreign Nations and States and to be made partakers of the Strength and Assistance of others It will fortifie us against the Designs of Foreign Princes there hath been common Council at Rome and in Spain to reduce us to Popery if good Counsel at Home we shall be the better prepared to preserve Peace and Union and better Respect from Abroad Lastly it will make us fit for any Noble Design Abroad Let us but turn the Tables and imagine this Speech spoken by some Loyal Gentleman against Mr. Pym and his Confederates and we shall find all those mischiefs and dangers from ill Counsels and Evil Counsellors the Alteration of Religion and Subversion of Laws the Encouragement of the Irish Rebellion the Impoverishment of the Nation the Loss of Liberty and Property the Ruin of the King and Kingdom to be the Natural Effects of their Consultations and Actions But in Order to accomplish their Wicked Designs the People must be affrighted with the danger of approaching Popery the present Government traduced with intentions of re-introducing it and the King must be Wounded through the Sides of the most Faithful of his Friends These were the Popular Arts by which after they had by repeated Flatteries Importunities and Promises obtained from the King those Fatal Concessions before mentioned they pursued their Design and by Arming those People whom they had deluded with the pretence of Religion and hurrying them on into Actual Rebellion they sought by Violence to obtain that which they could not do by Fraud and Flattery But to proceed After this an Order was read in the House of Lords made by the House of Commons Dated Nov. 9. 1641. That an Ordinance of Parliament may pass to engage the Honor Credit and Authority of both Houses of Parliament for the securing and repaying to the City the 50000 l. with Interest desired to be borrowed of them for the Occasions of Ireland and that a provisional Act shall pass with all Speed for repayment of the said Summ with Interest within six Months Next an Ordinance of Parliament was read concerning the Irish Affairs in haec verba viz. WHEREAS there is just Cause to conceive The Ordinance of Parliament prohibiting any Irish to pass out of England without License c. that diverse ill Affected Persons here being Natives or Inhabitants of Ireland do intend to pass over thither to joyn with the Rebels It is Ordained by the Lords and Commons in Parliament that no Irish Man shall pass out of any the Parts of this Kingdom to return into Ireland without special License of the Committees of both Houses for Irish Affairs or the Lords of his Majesties most Honorable Privy Council or of the Lord Lieutenant of Ireland It is further Ordered That no Arms Munition or Powder shall be transported without such License as is aforesaid It is likewise Ordeined by the said Lords and Commons That whereas upon the perusal of diverse Letters and other Intelligence here there is just Cause to suspect that diverse of his Majesties Subjects in Ireland had some Hand in the Conspiracy and Rebellions of the Irish That the Lord Lieutenant shall certifie from time to time during his Aboad in England into Ireland the Names of such suspected Persons and the the Grounds and Reasons of the Suspition and that thereupon the Lords Justices of Ireland and the rest of his Majesties Council there shall enter into Examination of the said Parties and shall have Power to commit them to Prison till the Truth may be fully discovered that so they may either be cleared if they be Innocent or if they be found Guilty they may be proceeded against according to the Laws And that this Ordinance of Parliament shall be a sufficient Warrant to the Lord Lieutenant Lords Justices and Council aforementioned The Lord Admiral then acquainted the House That he had Command and Directions from his Majesty to send some Ships for the Guuarding of the Irish Coasts and also some Ships to keep the Narrow Seas because his Majesty conceives that the Rebellion from Ireland is fomented from abroad and that they expect some Supply from Foreign Parts And his Lordship desires to have the Directions of the Parliament herein what to do Whereupon it was ordered to have a Conference with the Commons about it Divers Orders were read which were made by the House of Commons concerning the Irish Affairs to which they desired their Lordships concurrence that so they may be put in Execution That the Merchants Some Orders of the House of Commons concerning the Affairs of Ireland who have made the Proposition to their House of Transporting Spanish Money in specie into Ireland for the present Occasions of that Kingdom shall have Liberty to Transport so much only as the Lords and Commons in Parliament shall from time to time give them Order and Direction for paying it there as it passes by Proclamation and that all Sums so Transported shall be Registred in the Custom-House and that they shall bring Certificates
are entertained in several Houses both within the City and Suburbs thereof These are in His Majesties Name strictly to Charge and Command all such Strangers as are of late come into this City or into the Suburbs thereof to depart the same within one hour after the publishing of this Declaration upon pain of Death to be Executed on them by Martial Law And all such as have entertained any such Person or Persons into their Houses are hereby strictly Required and Commanded to bring a Note of the Name of such Person or Persons so entertained to the Mayor of this City by the hour of Six of the Clock this present Evening upon pain of death to be Executed on them by Martial Law who shall neglect so to do Furthermore the several Constables of this City are required this Night to make Search within this City and Suburbs thereof for such Strangers and the harbourers of them and to cause them to be apprehended and detained until they shall receive directions from Vs to the Contrary Given at His Majesties Castle of Dublin the 28th day of Octob. 1641. R. Dillon J. Temple Tho Rotherham Ja. Ware G. Wentworth Rob. Meredith And because they saw the ill Consequence of the Calumny before mentioned which the Rebels made use of colouring all their impious Villanies under the Sacred Name of His Majesties Authority the Lords Justices and Council to undeceive the abused People and vindicate His Majesty from the horrid Scandal issued out the following Proclamation A Proclamation against the Calumny of the Rebels pretence of acting by the Kings Commission Oct. 30 1641. By the Lords Justices and Council Wil. Parsons Jo. Borlase WHereas We the Lords Justices and Council have lately found That there was a most disloyal wicked and detestable Conspiracy intended and plotted against the Lives of Vs the Lords Justices and Council and many others of His Majesties faithful Subjects especially in Ulster and the Borders thereof and for the surprizing not only His Majesties Castle of Dublin His Majesties principal Fort but also of other Fortifications in several Parts and although by the great goodness and abundant mercy of Almighty God to His Majesty and to this State and Kingdom these wicked Conspiracies are brought to light and some of the Conspirators committed to the Castle of Dublin by Vs by His Majesties Authority so as those wicked and damnable Plots have not taken effect in the chief Parts thereof yet some of those wicked Malefactors have surprised some of His Majesty's Forts and Garrisons in the North of Ireland slain divers of His Majesties good Subjects imprisoned some and robbed and spoiled very many others and continue yet in those Rebellious courses against whom therefore some of His Majesties Forces are now marching to fight against them and subdue them thereby to render safety to His Majesty's faithful Subjects And whereas to colour and countenance those their wicked Intendments and Acts and in hope to gain the more Numbers and Reputation to themselves and their proceedings in the opinion of the ignorant Common People those Conspirators have yet gone further and to their other high Crimes and Offences have added this further wickedness even to traduce the Crown and State as well of England as Ireland by False Seditious and Scandalous Reports and Rumors spread abroad by them We therefore to vindicate the Crown and State of both Kingdoms from those false and wicked Calumnies Do hereby in His Majesties Name Publish and Declare That the said Reports so spread abroad by those wicked Persons are most False Wicked and Traiterous and that we have full Power and Authority from His Majesty to prosecute and subdue those Rebels and Traytors which now We are doing accordingly by the Power and Strength of His Majesty's Army and with the Assistance of His Majesty's Good and Loyal Subjects and We no way doubt but all His Majesty's Good and Faithful Subjects will give Faith and Credit to Vs who have the Honour to be trusted by His Majesty so highly as to serve Him in the Government of this His Kingdom rather than to the vain idle and wicked Reports of such lewd and wicked Conspirators who spread those false and seditious Rumors hoping to seduce a great number to their Party And as We now believe that some who have joyned themselves with those Conspirators had no hand in contriving or plotting the mischiefs intended but under the pretence of those seditious Scandals were deluded by those Conspirators and so are now become ignorantly involved in their guilts so in favour and mercy to those so deluded We hereby Charge and Command them in His Majesty's Name now from Vs to take light to guide them from that darkness into which they were misled by the wicked seducement of those Conspirators and to depart from them and from their wicked Counsels and Actions and according to the duty of Loyal Subjects to submit themselves to his Sacred Majesty and to his Royal Authority intrusted with Vs But in case those Persons which were no Plotters nor Contrivers of the said Treason but were since seduced to joyn with them as aforesaid lay not hold of this His Majesty's Grace and Favour now tendred unto them then We do by this Proclamation Publish and Declare That they shall hereafter be reputed and taken equally guilty with the said Plotters and Contrivers and as uncapable of Favour and Mercy as they are Given at His Majesty's Castle of Dublin the 30th of October 1641. La. Dublin R. Ranelagh Ant. Midensis John Rophoe R. Dillon J. Temple P. Crosbie Ja. Ware Rob. Meredith Let us now repass again to the Affairs of England where we left the Skie also lowring and the gathering Clouds threat'ning Tempestuous Weather in the State This day the Lord Keeper informed the House of Lords Friday Novemb. 12. The Venetian Ambassador Complains of the breaking open of his Pacquer That the Venetian Ambassador made a Complaint to the Lords of the Council That the Dispatches which were sent to him this Week were opened and the Seal of the State of Venice broken by the Parliament at which he finds himself so much aggrieved that he hath retired himself from the Publick Affairs as an Ambassador between this Kingdom and that State until he receives further Commands from his Masters Then was read a Paper being a Translation out of Italian delivered by the said Ambassador the Contents whereof was as follows Most Noble Lords THe Correspondency betwixt Princes The Venetian Ambassador's Memorial about the breaking up of his Letters hath always been the most immediate Ways of a true Interest of maintaining of Estates and of continuing of Commerce to the Benefit and Increase of the Common-Wealth To Cultivate this the most great Kings hath always used the utmost Industry and to facilitate it they have introduced the Expedient of Ambassadors to confirm it betwixt the one and the other Kingdom In this there hath been all Respect rendred to all Princes at
all times not only having made the large Prerogatives and Liberties the very same as I may say with the Possession of their Dominions and amongst the most remarkable and equally necessary that Privilege by which we may receive Letters and send from each Prince or any Person whatsoever without Interruption which is the most principal Office of an Ambassador Which Practice Most Noble Lords is not the Laws of our Nation alone but Vniversal and hath been maintained inviolate by the Kings and the Publick of all Christian Governments no less than amongst the most Barbarous I nevertheless cannot say but I have injoyed in this great Court that just Respect until the last Letters were opened which came from France to me Directed which although they were restored by my Lord Fielding and Sir Henry Vane who upon their Honor assured me that it was a pure Error and not willingly committed which though I do believe yet I could not perswade my self that the Government of England so Noble and Generous should have so inferior a Mind as to open the Letters of an Ambassador and by this means to Violate the Laws and to give an ill Example to the World of so little Respect towards the Ministers of the most Serene Republick of Venice which for so many Ages hath given a Sincere Testimony of Affection and Esteem to this Crown But now fresh Experience to my great Affliction hath given Testimony of the contrary being yesterday all the Letters were opened coming from Venice Antwerp and other Countries and the very Letters writ unto me from the most Serene Republick and the Regal Seal being broken and the Commission sent from my Lords being published and many of my own Letters being taken the Consequences of which cannot be approved of by any I have judged it convenient to give Notice unto your Excellencies by which according to the greatness of your Wisdoms you may take it into Consideration and take such Resolutions therein as you shall judge necessary for maintaining the Honor of this Nation and the Publick Faith under the Protection of which Ambassadors live so that it may be known to all Princes that in England they do not introduce New Laws but that they will maintain the constant Profession of rendring the ancient Respects which are due to the most Serene Republick of Venice Whereupon the House thought it fit and agreed That Satisfaction for this shall be given to the State of Venice and to the Ambassador for the present and the House appointed the E. of Bristol E. of Holland Viscount Say and Seal L. Digby and the L. Newnham to draw up presently what was fit to be given by Way of Answer to the Venetian Ambassador Their Lordships presented a Draught to the House which was read in these Words viz. That four Members of the House of Peers The Answer of the House of Lords to the Venetian Ambassadors Memorial be forthwith sent to the Ambassador's to disavow the Action and to endeavor to give him all the Satisfaction possible by declaring how sensible they are of it as tending to the Breach of Publick Faith and the Law of Nations and to shew further how desirous they are to continue the ancient Correspondency betwixt the King and that State and that the House of Peers are resolved to be humble Suitors to his Majesty to hasten the departure of his Ambassador to make known to that State the same Sense with such other Expressions as may best declare the tender Respect they have to the Honor of that State and the Noble Vsage their Ministers may expect and shall find in their Residence here from the King and Parliament And the Lord Privy Seal L. G. Chamberlain L. M. of Hertford and the L. Newnham were appointed to deliver this Answer to the Venetian Ambassador After this the 13 Bishops which stand Impeached in this House from the House of Commons for Crimes in making the late Canons and Constitutions and granting a Benevolence unto the King being by Order of the House to put in their Answers to the said Impeachment were required by the Speaker in the Name of this House to put in their Answers Their Impeachment brought up from the House of Commons was read and then the Council Assigned the Bishops were called in The Bishops put in their Answer by Plea and Demurrer and demanded to give in the Answers of the Bishops they Answered they had delivered in the said Answer to the Lords the Bishops The Bishop of Winton hereupon delivered his Answer with the rest of the Impeached Bishops in Writing subscribed with all their Hands excepting the Lord Bishop of Glocester who delivered in his by himself by Word of Mouth and pleaded not Guilty Modo Formâ as is charged in the Impeachment Then the Answer of the Bishops was read which consisted of a Plea and Demurrer The Council being commanded to withdraw the House took it into Consideration and resolved to communicate it to the House of Commons which was done accordingly the Message being sent by Serjeant Whitfield and Serjeant Glanvile The House of Commons fell upon the Debate of the Irish Affairs and came thereupon to these Votes Resolved upon the Question That this House holds it fit That forthwith so many Officers be sent over into the North Parts of Ireland as shall be sufficient to Command 2000 Men. Resolved c. That so many Officers shall be sent into the Province of Munster in Ireland as shall Command a Thousand Foot and a Troop of Horse Resolved c. That it be propounded to the Lords That Order be taken for the securing the several Forts of Ireland viz. of Cork Waterford Limrick Kingsale Youghall Galloway and Baltimore The House was then Resolved into a Grand Committee of the whole House to consider of some Course for providing Present Money for the Service of Ireland and Mr. Hyde reported the Debate Whereupon it was Resolved upon the Question That 200000 l. shall be raised for the Suppressing of the Rebels in Ireland 200000 l. Voted to suppress the Rebels in Ireland for Security of this Kingdom and for payment of Debts Then Mr. Pym Reported from the Committee for Irish Affairs 1. That he was Commanded to present a State of the Army what charge it will be to the Common-Wealth to maintain such Men as will be necessary for the Defence of Ireland Those Gentlemen that are appointed as a Council of War to prepare things for this House have proportioned the Charge in a middle way between 1618 and 1639. That the Pay of a Regiment of 1000 Men The Charge of a Regiment of Horse and Foot with the Field Officers together with the Officers amounts unto 19201 l. per Annum for one Regiment of 600 Horse 37310 l. per Ann. For the general Officers of the Field 19541 l. 8 s. 2 d. per Annum Resolved c. That this House shall insist upon their former Vote of accepting at
for his Family the Feeder and the Ruler in Scripture being all one in Office in Expression in Person So that if he left no Rulers he left no Feeders the later We are more confident of for that Christ did clearly institute a Disparity in the Clergy which is the main Stone of Offence appears in the Apostles and 72 Disciples to whom according to the Voice of Christendome and traditive Interpretation of the Church Bishops and Presbyters do respectively Succeed and also many Actually did succeed the Apostles in their Chairs being ordained Bishops by the Apostles themselves that did Survive And also beyond all Exception that Christ did institute a Government appears in those Evangelical Words Who then is that faithful and wise Steward whom his Lord shall make Ruler over his Houshold c. Luke 12.42 which Rulers are Bishops and Priests under them or else the Church hath been Apostate from her Lord She having clearly for 1500 Years had no other Rulers then such 2. We consider that Whether there can be a Church or no without Bishops is at least a Question of great Consideration and the Negative is maintained by Apostolical and Primitive Men and Martyrs and by the greatest part of Christendom and those few in respect of the whole that Dissent being most certainly not Infallible to be sure with Episcopacy it may be a Church Eatenùs therefore it is the surest Course to retain it for fear we separate from the Church the Pillar and Ground of Truth 3. No Ordination was ever without a Bishop and if any Presbyter did impose Hands unless in Conjunction with a Bishop he was accounted an Vsurper and Anathematized by publick and unquestioned Authority and so without Bishops no Presbyters then no Absolution no Consecration of the Sacrament of the Lord's Supper and for these Wants no Man can make a Recompence or Satisfaction 4. No Presbyter did ever impose Hands on a Bishop Viz. de jure nec idem de facto till 555 Years after Christ and then but once in the Case of Pope Pelagius and that irregularly and neversince unless by Papal Usurpation which if so famous a Resolve or publick Voice of all Christendom may have an Estimate shews their disparity and that a Bishop hath a Character which cannot be imprinted without at least an equal Hand 5. Without Bishops no Confirmation of Children and yet Confirmation called in Scripture imposition of Hands Saint Paul in his famous Catechism accounts a Fundamental Point and the Church hath always used it and it was appropriate to Bishops by the laudable Custom of Christendom and by the Example of the Apostles in the Case of the Samaritane Christians whom Philip the Evangelist had Converted and is charged upon the Parents of Children that they bring their Children to Bishops to be Confirmed And it was never otherwise but just as in the Case of Ordination videlicet by singularity and Vsurpation till of late that the Jesuits to inlarge their Phylacteries have striven to make Bishops not necessary by communicating Confirmation to Priests of their Order 6. To take away Bishops is against the Wisdom of the State of England ever since the Reformation and having been attempted by Clancular Practises was checked by the Princes respectively and their Council and constantly by the Wisdom of preceding Parliaments and this although the Bishops then were less learned and as much infamed 7. We are sure that Episcopal Government hath consisted with Monarchy ever since the English Monarchy was Christian and we are now to try whether any innovated Government can or will 8. We consider That if it could consist with Monarchy when it was byassed by the Popes prevalent Incroachment much more since the Reformation when the King hath the Reins in his own Hand and can give them Laws and ascertains them by their immediate Dependance both for their Baronies and Election and personal Jurisdiction on the Crown and by the Statute of Submission 9. We consider That St. Hierome pretended as the main Authentick Enemy against Episcopacy yet sayes in Comment in Epist ad Titum That Bishops were constituted as an Antidote and Deletory to disimprove the Issues of Schisme and that by the Apostles who best knew the Remedy And now that Schismes multiply there is more need of Bishops so that they cannot be taken away upon pretence their Regiment is not necessary for the taking them away must multiply Schisms 10. All Learning will be discountenanced if not extinguished upon the Demolition of Episcopacy the Bishops being Parties for the Advancement of Learning and on the other side if the Government should be in the Hands of Presbytery or Lay-Elders We know no Reason sufficient to stifle our Fears lest preferment be given to people unlearned and unfit to have the managing of Souls especially since a learned Clergy will be suspected by their Lay Elders as too knowing to be ruled by their Dictates which will not have so much Artifice and fineness as to command by Strength of Reason our Fears are also increased by considering that by the multiplication of Lay Elders or other Governors their personal Interest being increased partiality must be more frequent and all this is besides their incompetency of Judging the Abilities of Scholars 11. The removal of Bishops would be a Scandal not only to many weak Christians who fear all Innovations as guilty of some ill Intendments upon their Consciences but also to the strongest which shews it to be the fault of the Giver not the Weakness of the Receiver and if we must not Scandalize our weak Brethren much less our Strong since this will intrench upon us in a high measure they not being apt to be Scandalized upon Vmbrages and Impertinences 12 Where Bishops are not there is not an Honorable but fellow-like Clergy against the Apostolical Rule of double Honor. 13. By putting down Episcopacy We deprive our selves of those solemn Benedictions which the Faith of Christendom and the Profession of the Church of England enjoyning the Bishops rather to pronounce the Blessing at the end of the Communion appropriates to Episcopal Preheminence above Priestly Authority 14. Two Parts of Three of the Reformed Churches are governed by Bishops or Superintendents which is properly the Latin Word for Bishops and the other Part that wants them have often wished them as their own Doctors do profess 15. It is against the Liberties of the Clergy indulged to them by the Magna Charta Granted and Confirmed by so many Kings and about 30 Parliaments in express Act and the Violation of any Part of it by intrenchment upon the Right of the Lay Subject justly accounted a great Grievance the Charter it self being as Fundamental a Law as we conceive as any other and any of us may fear lest his Liberties may be next in Question 16. The four great General Councils in Estimation next the four Evangelists and by the Statutes of this Kingdom made the Rules of Judging Heresies were
preparing of Articles against him but they shall be ready in convenient time to give him a Charge And in regard they hear he is not well they are contented he shall be removed to * Now Somerset-House Denmark House he putting in Caution not to go to Court and to appear when he shall be required Hereupon it was Ordered That Phillips shall upon these Cautions finding Sureties be released from his imprisonment in the Tower It was also Ordered That the Lords the Bishops that are Impeached shall be heard by their Council on Friday next at the Bar what they can say why this Motion should not be granted But the Faction of the Commons were resolved Tumults as before they had done in the Case of the Earl of Strafford to obtain that by the Force of Tumults that they could not obtain by Law or Reason The Lords however were so sensible of this affront put upon the Freedom of the Parliament that it was Ordered That all the Judges do consult among themselves what Course is fit to be taken to prevent Riots Routs and unlawful Assemblies and having considered of the Laws and Statutes in this Case to present their opinions to the House to morrow Morning and in the mean time to have a Conference with the Commons concerning the Tumults In the Commons House Serjeant Wild Reports the Conference That the Lord Keeper told the Committee That their Lordships had received Information of great numbers of People gathered together in a Tumultuous Vnusual and Disorderly manner about the Houses of Parliament and therefore desired the Commons House to joyn with them in a Declaration to remove them and that for these Two Reasons First If these disorders should continue they might render the good Acts and Provisions of this Parliament of suspicion to Posterity by the interpretation of ill Ministers Secondly Because it did not stand with the Dignity of Parliament to suffer such Tumults to be so near the Houses of Parliament The House being informed That Phillips had a Trunk brought to him to the Tower by Two Capuchins it was Ordered That the Lieutenant of the Tower and Sir William Parkhurst shall search his Trunk and if there be any Papers that concern the State to secure them till the pleasure of this House be known The Committee formerly named to wait upon the King with the Petition and Declaration were Ordered to go forthwith to present them to the King Sir Edward Deering to read it to His Majesty and in his absence Sir Ralph Hopton to read it If he be absent the Committee to appoint the Person that shall read it Accordingly the Committee went this day and attended His Majesty with the said Petition and Remonstrance which as I find it Printed in Husband's Collections was in these words The Petition of the House of Commons which Accompanied the Declaration of the State of the Kingdom Most Gracious Soveraign YOur Majesties Most Humble and Faithful Subjects the Commons in this present Parliament Assembled The Petition and Declaration of the State of the Kingdom delivered by the Commons to the King at Hampton-Court Dec. 1. 1641. do with much thankfulness and joy acknowledge the great Mercy and Favour of God in giving your Majesty a safe and peaceable return out of Scotland into your Kingdom of England where the pressing dangers and distempers of the State have caused us with much earnestness to desire the comfort of your Gracious Presence and likewise the Unity and Justice of your Royal Authority to give more Life and Power to the Dutiful and Loyal Counsels and endeavours of your Parliament for the prevention of that imminent ruine and destruction wherewith your Kingdoms of England and Scotland are threatned The Duty which we ow to your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those Evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected Party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed amongst the People to blemish and disgrace our Proceedings in this Parliament and to get themselves a Party and Faction amongst your Subjects for the better strengthening of themselves in their wicked courses and hindring those Provisions and Remedies which might by the wisdom of your Majesty and Council of your Parliament be opposed against them For preventing whereof and the better Information of your Majesty your Peers and all other your Loyal Subjects we have been necessitated to make a Declaration of the State of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to your Majesty without the least intention to lay any blemish upon your Royal Person but only to represent how your Royal Authority and Trust have been abused to the great prejudice and danger of your Majesty and of all your good Subjects And because we have reason to believe that those Malignant Parties whose Proceedings evidently appear to be mainly for the advantage and encrease of Popery is composed set up and acted by the subtile practice of the Jesuits and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of your Loyal Subjects have so far prevailed as to corrupt divers of your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of your Privy-Council and other employments of trust and nearness about your Majesty the Prince and the rest of your Royal Children And by this means hath had such an Operation in your Council and the most Important Affairs and Proceedings of your Government that a most dangerous division and chargeable Preparation for War betwixt your Kingdoms of England and Scotland the encrease of jealousies betwixt your Majesty and your most Obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in your Kingdom of Ireland and bloody Massacre of your people have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment whereof your poor Subjects are enforced to engage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliamenâ— undergone the Charge of 150000 Pounds Sterling or thereabouts For the necessary support and supply of your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the Peace Safety and Preservation of your Majesty and your People if some present real and effectual course be not taken for suppressing this wicked and malignant Party We Your Most Humble and Obedient Subjects do with all faithfulness and humility beseech your Majesty 1. THat you will be
sway in all their determinations and if they be not prevented are likely to devour the rest or to turn them into their own nature In the beginning of his Majesties Reign the Party begun to revive and flourish again having been somewhat dampt by the breach with Spain in the last year of King James and by his Majesties Marriage with France the Interest and Counsels of that State being not so contrary to the good of Religion and the Prosperity of this Kingdom as those of Spain and the Papists of England having been ever more addicted to Spain then France yet they still retained a Purpose and Resolution to weaken the Protestant Parties in all Parts and even in France whereby to make way for the Change of Religion which they intended at Home The first Effect and Evidence of their Recovery and Strength was the dissolution of the Parliament at Oxford after there had been given two Subsidies to his Majesty and before they received Relief in any one Grievance many other more miserable Effects followed The loss of the Rochel Fleet by the help of our Shipping set forth and delivered over to the French in opposition to the Advice of Parliament which left that Town without Defence by Sea and made way not only to the loss of that important Place but likewise to the loss of all the Strength and Security of the Protestant Religion in France The diverting of his Majesties course of Wars from the West-Indies which was the most facile and hopeful way for this Kingdom to prevail against the Spaniard to an expenceful and unsuccessful Attempt upon Cales which was so ordered as if it had rather bin intended to make us weary of War then to prosper in it The precipitate breach with France by taking their Ships to a great value without making recompence to the English whose Goods were thereupon imbar'd and confiscate in that Kingdom The Peace with Spain without Consent of Parliament contrary to the promise of King James to both Houses whereby the Palatine Cause was deserted and left to Chargeable and Hopeless Treaties which for the most part were Managed by those who might justly be suspected to be no Friends to that Cause The charging of the Kingdom with Billeted Soldiers in all Parts of it and that Concomitant Design of German Horse that the Land might either submit with Fear or be inforced with Rigour to such Arbitrary Contributions as should be required of them The dissolving of the Parliament in the second Year of his Majesties Reign after a Declaration of their Intent to grant five Subsidies The exacting of the like proportion of five Subsidies after the Parliament dissolved by Commission of Loan and divers Gentlemen and others imprisoned for not yeilding to pay that Loan whereby many of them contracted such sicknesses as cost them their Lives Great Summs of Money required and raised by Privy Seals An unjust and pernicious attempt to extort great Payments from the Subject by way of Excise and a Commission issued under Seal to that purpose The Petition of Right which was granted in full Parliament blasted with an illegal Declaration to make it destructive to it self to the Power of Parliament to the Liberty of the Subject and to that purpose printed with it and the Petition made of no use but to shew the bold and presumptuous injustice of such Ministers as durst break the Laws and suppress the Liberties of the Kingdom after they had been so Solemnly and evidently declared Another Parliament dissolved 4 Car. the Privilege of Parliament broken by imprisoning divers Members of the House detaining them close Prisoners for many Months together without the Liberty of using Books Pen Ink or Paper denying them all the Comforts of Life all Means of preservation of Health not permitting their Wives to come unto them even in time of their Sickness And for the compleating of that Cruelty after Years spent in such miserable durance depriving them of the necessary means of Spiritual Consolation not suffering them to go abroad to enjoy God's Ordinances in God's House or God's Ministers to come to them to administer Comfort unto them in their private Chambers and to keep them still in this oppressed Condition not admitting them to be bailed according to Law yet vexing them with Informations in inferior Courts Sentencing and Fining some of them for Matters done in Parliament and Extorting the Payments of those Fines from them inforcing others to put in Security of good Behaviour before they could be released The Imprisonment of the rest which refused to be bound still continued which might have been perpetual if necessity had not the last year brought another Parliament to relieve them of whom one died by the cruelty and harshness of his Imprisonment which would admit of no relaxation notwithstanding the Imminent Danger of his Life did sufficiently appear by the Declaration of his Physician And his release or at least his refreshment was sought by many humble Petitions And his Blood still cryes either for Vengeance or Repentance of those Ministers of State who have at once obstructed the course both of his Majesties Justice and Mercy Upon the Dissolution of both these Parliaments untrue and scandalous Declarations Published to asperse their Proceedings and some of their Members unjustly to make them odious and colour the Violence which was used against them Proclamations set out to the same purpose and to the great dejecting of the hearts of the People forbidding them to speak of Parliaments After the Breach of Parliament in the fourth year of his Majesty Injustice Oppression and Violence broke in upon us without any restraint or moderation and yet the first project was the great Sums exacted thorough the whole Kingdom for default of Knighthood which seemed to have some colour and shadow of a Law yet if it be rightly examined by that obsolete Law which was pretended for it it would be found to be against all the Rules of Justice both in respect of the persons charged the proportion of the Fines demanded and the absurd and unreasonable manner of their Proceedings Tonnage and Poundage hath been received without colour or pretence of Law many other heavy impositions continued against Law and some so unreasonable that the sum of the Charge exceeds the value of the Goods The Book of Rates lately inhansed to a high proportion and such Merchants as would not submit to their Illegal and unreasonable Payments were vexed and oppressed above measure and the ordinary course of Justice the common Birth-right of the Subject of England wholly obstructed unto them And although all this was taken upon pretence of Guarding the Sea yet a new and unheard of Tax of Ship-money was devised upon the same pretence By both which there was charged upon the Subject near 700000 Pounds some years and yet the Merchants have been left so naked to the violence of the Turkish Pirates that many great Ships of value and thousands of his Majesties Subjects
so impudent as to tell his Majesty that we have done nothing for him As to the Second Branch of this slander we acknowledge with much thankfulness that his Majesty hath passed more good Bills to the advantage of the Subjects then have been in many ages but withal we cannot forget that these venemous Councils did manifest themselves in some endeavours to hinder these good Acts and for both Houses of Parliament we may with truth and modesty say thus much That we have ever been careful not to desire any thing that should weaken the Crown either in just profit or useful power The Triennial Parliament for the matter of it doth not extend to so much as by Law we ought to have required there being two Statutes still in force for a Parliament to be once a year and for the manner of it it is in the Kings Power that it shall never take effect if he by a timely Summons shall prevent any other way of assembling In the Bill for continuance of this present Parliament there seems to be some restraint of the Royal Power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion only which was so necessary for the Kings own security and the publick Peace that without it we could not have undertaken any of these great charges but must have left both the Armies to disorder and confusion and the whole Kingdom to Blood and Rapine The Star-Chamber was much more fruitful in Oppression then in profit the great Fines being for the most part given away and the rest stalled at long times The Fines of the High Commission were in themselves unjust and seldome or never came into the Kings Purse These four Bills are particularly and more specially instanced in the rest there will not be found so much as a shadow of prejudice to the Crown They have sought to diminish our reputation with the people and to bring them out of love with Parliaments the aspersions which they have attempted this way have been such as these that we have spent much time and done little especially in those Grievances which concern Religion That the Parliament is a burthen to the Kingdom by the abundance of Protections which hinder Justice and Trade and by many Subsidies granted much more heavy then any they formerly endured to which there is a ready Answer if the time spent in this Parliament be considered in relation backward to the long growth and deep root of those Grievances which we have removed to the powerful supports of those Delinquents which we have persued to the great necessities and other charges of the Commonwealth for which we have provided or if it be considered in relation forward to many advantages which not only the present but future Ages are like to reap by the good Laws and other Proceedings in this Parliament we doubt not but it will be thought by all indifferent judgments that our time hath been much better imployed then in a far greater proportion of time in many former Parliaments put together and the charges which have been laid upon the Subject and the other inconveniencies which they have born will seem very light in respect of the benefit they have had and may receive And for the matter of Protections the Parliament is so sensible of it that therein they intend to give them whatsoever ease may stand with Honour and Justice and are in a way of passing a Bill to give them satisfaction They have sought by many subtile practices to cause Jealousies and divisions betwixt us and our Brethren of Scotland by slandering their proceedings and intentions towards us and by secret endeavours to instigate and incense them and us one against another They have had such a Party of Bishops and Popish Lords in the House of Peers as hath caused much opposition and delay in the Prosecution of Delinquents and hindred the Proceedings of divers good Bills passed in the Commons House concerning the reformation of sundry great abuses and corruptions both in Church and State They have laboured to seduce and corrupt some of the Commons House to draw them into Conspiracies and Combinations against the Liberty of the Parliament And by their instruments and Agents they have attempted to disaffect and discontent his Majesties Army and to engage it for the maintenance of their wicked and Traiterous Designs the keeping up of Bishops in Votes and Functions and by force to compel the Parliament to order limit and dispose their proceedings in such manner as might best concur with the intentions of this dangerous and potent Faction And when one mischievous Design and Attempt of theirs to bring on the Army against the Parliament and the City of London had been discovered and prevented they presently undertook another of the same damnable Nature with this Addition to it to endeavour to make the Scottish Army neutral whil'st the English Army which they had laboured to corrupt and invenome against us by their false and slanderous suggestions should execute their Malice to the subversion of our Religion and the dissolution of our Government Thus they have been continually practising to disturb the Peace and Plotting the Destruction even of all the Kings Dominions and have employed their Emissaries and Agents in them all for the promoting of their Devilish Designs which the vigilancy of those who were well affected hath still discovered and defeated before they were ripe for Execution in England and Scotland only in Ireland which was farther off they have had time and opportunity to mould and prepare their work and had brought it to that perfection that they had possessed themselves of that whole Kingdom totally subverted the Government of it rooted out Religion and destroyed all the Protestants whom the conscience of their duty to God their King and Country would not have permitted to joyn with them if by Gods wonderful providence their main enterprize upon the City and Castle of Dublin had not been detected and prevented upon the very Eve before it should have been executed Notwithstanding they have in other parts of that Kingdom broken out into open Rebellion surprized Towns and Castles Committed Murders Rapes and other Villanies and shaken off all bonds of obedience to his Majesty and the Laws of the Realm and in general have kindled such a fire as nothing but God's Infinite Blessing upon the wisdom and endeavours of this State will be able to quench it and certainly had not God in his great Mercy unto this Land discovered and confounded their former Designs we had been the Prologue to this Tragedy in Ireland and had by this time been made the lamentable spectacle of Misery and Confusion And now what hope have we but in God when as the only means of our subsistence and Power of Reformation is under him in the Parliament but what can we the Commons without the conjunction of the House of Lords and what
left that Nation a most peaceable and contented People So that although I have a little misreckoned in Time yet I was not deceived in My End But if I have deceived your expectations a little in the time of My return yet I am assured that My expectation is as much and more deceived in the condition wherein I hoped to have found some businesses at My return For since that before My going I setled the Liberties of My Subjects and gave the Law a free and orderly Course I expected to have found My People reaping the Fruits of these benefits by living in quietness and satisfaction of mind But instead of this I find them disturbed with Jealousies Frights and Alarms of dangerous Designs and Plots in Consequence of which Guards have been set to defend both Houses I say not this as in doubt that My Subjects Affections are any way lessened to Me in this time of My absence for I cannot but remember to My great comfort the joyful reception I had now at my Entry into London but rather as I hope that My presence will easily disperse these Fears For I bring as perfect and true Affections to My People as ever Prince did or as good Subjects can possibly desire And I am so far from repenting Me of any Act I have done this Session for the good of My People that I protest if it were to do again I would do it and will yet grant what else can be justly desired for satisfaction in point of Liberties or in maintenance of the True Religion that is here Established Now I have but one particular to recommend unto you at this time it is Ireland for which though I doubt not your care yet methinks the preparations for it go but slowly on The occasion is the fitter for Me now to mention it because of the Arrival of two Lords from Scotland who come instructed from My Council there who now by Act of Parliament have full Power for that purpose to Answer that Demand which it pleased both Houses to make of Me by way of Petition that met Me at Berwick and which the Duke of Richmond sent back by My Command to my Scotch Council Therefore My desire is That both Houses would appoint a Select Committee to end this business with these Noblemen I must conclude in telling you That I seek My Peoples Happyness For their Flourishing is My greatest Glory and their Affections My greatest Strength The King having Ended his Speech he departed and the Commons returned to their House Bishop of Hereford excused from paying some part of his Pol-mony Upon the Petition of the Bishop of Hereford It was Ordered That he having paid 60 l. for Poll-money shall be freed from any further Payments for the same and shall not pay after the Rate of Tenths because he is freed from paying of Tenths under the Great Seal of England and that upon good and valuable Considerations divers Mannors having been taken from the Bishoprick of Hereford in the beginning of the Reign of Queen Elizabeth Judges Report the Statutes in force against Riots Routs c. The Lord Chief Justice of the Kings-Bench Reported That the Judges have considered the Laws and Statutes of this Kingdom for preventing of Riots Routs and unlawful Assemblies and they are of Opinion That the best way is to issue forth Writs according to the Statute of 2 H. 5. cap. 8. Which Statute was presently read and it was Ordered That the Lord Keeper should forthwith issue forth Writs to the Sheriffs and Justices of the Peace of the City of London and the Counties of Middlesex and Surrey and to the Justices of the Peace of the City of Westminster according to the aforesaid Statute concerning Riots Routs c. and the Judges to be advised withall for the Form of the said Writs But the Tumults found too much Countenance among the Faction in the Commons House The Tumults incouraged by the Faction of the Commons where they were indeed promoted and incouraged as is Evident by the adjournment of the consideration of them this day in their House that having been yesterday ordered to be debated and so they were adjourned de die in diem which plainly manifests the tenderness they had for the Bioters and the Use they intended to make of these Tumultuous and Unlawful Assemblies which was to Terrifie the Lords to a compliance with their desires in cutting off a Limb from the Body of their House by Excluding the Bishops as before they had by the same Method prevailed in passing the Bill to cut off the Wise and Noble Head of the Earl of Strafford Sir Ralph Hopton Reported The Report how the King received the Petition and Declaration That last Night in the Evening the Committee appointed to attend His Majesty with the Petition of the House of Commons and the Declaration annexed came to Hampton-Court and Sir Richard Wiâ—n I may name him upon this Occasion gave his Majesty Notice of our being there and within a quarter of an hour the King sent a Gentleman to call us in with Directions that none should come in but the Committee alone who did all of them present themselves upon their Knees and my self in obedience to the Order of the House in the Absence of * Sir Ed. Deering upon whom they had imposed this ingrateful Task he being now fallen into their displeasure another designed for that Service did begin to read the Petition kneeling but his Majesty would not permit us to kneel but commanded us all to rise and so read it the first Observation His Majesty made was at that part of the Petition that charges the Malignant Party with the design to change Religion To which His Majesty said with a great deal of fervency The Devil take him whomsoever he be that had a Design to change Religion I then proceeded and when I came to that part of the Petition for reserving the disposal of the Lands of the Rebels in Ireland c. his Majesty was pleased to say We must not dispose of the Bears Skin till he be dead After the Petition was read his Majesty desired to ask us some Questions we answered We had no Commission to speak any thing concerning this business Then said he you may speak as particular men and said Doth the House intend to publish this Declaration * And yet it was carried before against Printing it but by 124 to 101 Votes upon Munday 22 No. We answered We could give no Answer unto it Well then said He I suppose you do not now Expect an Answer unto so long a Petition And this let me tell you I have left Scotland well and in Peace they are all satisfied with me and I with them and thô I staid longer there than I Expected yet I think if I had not gone you had not been rid so soon of the Armies I shall give you an Answer to this business with as much
or Provisional Clause to be added to the said Bill by way of Limitation or Restriction and did also at the same time express his displeasure against some Person or Persons which had moved some Doubt or Question concerning the bound of Prerogative which the House of Commons declare to be a breach of the Fundamental Priviledges of Parliament The House of Commons do therefore desire their Lordships would joyn with them in an humble Petition to his Majesty to take notice that the Priviledge of Parliament is broken herein and to desire him that it may not be done so any more hereafter After this matter had been debated by the Lords it was Ordered That their House will joyn with the House of Commons in a Petition to His Majesty herein And the Lord Arch-Bishop of York Earl of Pembroke Earl of Bristol Earl of Holland Viscount Say and Seal Episcopus Durham Episcopus Winton Episcopus Roffen were appointed a Select Committee to meet with a proportionable number of the House of Commons to consider of the Breach of Priviledge of Parliament and and to prepare some things incident hereunto and present the same to the House This Committee to meet with the Commons on Wednesday the 15th of this Instant December at Nine of the Clock in the Morning in the Painted-Chamber The Committee appointed by the Commons to meet with the Lords were Mr. Pym Serjeant Wild Mr. Glyn Mr. Martin Mr. Strode Sir Hugh Cholmley Mr. Hollis Mr. Hampden Mr. Sam. Brown Sir Thomas Barrington Sir Edward Rodney Sir Thomas Bowyer Sir William Armyn Sir Francis Barnham Sir Walter Earl Sir Edward Aiscough Sir Philip Stapleton Sir Anthony Irby Sir William Lewes Mr. Strangeways Sir Robert Cooke Sir Edward Montforte Sir William Litton and Sir Henry Ludlow The Lord Keeper also Reported the Effect of two other Conferences had this day with the Commons The first Conference consisted of two particulars First Whereas a Proposition was made by the French Ambassador to the King for saving Seven Romish Priests which were Convicted and the House of Commons presented their Opinions to this House that five of those seven Priests may be Executed according to the Laws Now the House of Commons desire their Lordships to joyn with them in an humble Petition to His Majesty that the Execution of the Laws may be done upon all the seven Priests and that both Houses would become Suitors to the King to take off the Reprieve Next a Letter was read sent from one Parthington in Ireland written to Sir John Clotworthy Knight shewing the great and barbarous Cruelties acted upon the Protestants in Ireland by the Rebels as hanging of them and pulling their Flesh from their Bones cutting off their Heads Hands and Feet ripping up of Women great with Child and killing of Children with divers other inhumane Acts. The second Conference was touching the Declaratory part of the Bill for Pressing of Soldiers That the House of Commons consents now to the Words or Compelled that they should be inserted into the Preamble of the said Bill upon condition that these Words may be added except it be in Case of Necessity of the sudden coming of an Enemy into the Kingdom And lastly That the House of Commons doth not intend to give any Reasons for the fortifying of the Declaratory Cause in the Preamble of the Bill for pressing of Soldiers it being a thing unusual for them so to do It seems the House of Lords was in great disorder about the King's Speech Lord Pierpoint to the Black Rod for some Words offensive to the Lords for the Lord Pierpoint in his Speech having said That it was not Honourable for this House to be in such Noise and Tumult the House conceived these words to be a great Offence to so Great and High a Court as this is and being charged with the Words he was Commanded by the House to withdraw but before he withdrew he desired to explain himself which he was permitted to do and he professed he did not speak the Words to give any Offence to the House His Lordship being withdrawn the House took the Offence done into Consideration and Ordered That the Lord Pierpoint shall be committed to the Custody of the Gentleman-Vsher attending the House for the present After which the House took into consideration the Proposition of the Commons concerning the seven Priests and it was upon the Question after much Debate Resolved by the major part to joyn with the Commons in an humble Petition to his Majesty That Execution of the Laws may be done upon all the 7 Priests that are Condemned and that he will be pleased to take off his Reprieve Memorandum The Lords the Bishops withdrew themselves before the voting of this Question it being in Agitatione causae sanguinis The Lord Steward and the Lord Chamberlain were Ordered to attend the King from both Houses concerning the 7 Priests to be Executed as aforesaid and that his Majesty will take off his Reprieve Most part of this day was spent by the Commons about the Debates of the King's Speech the Result of which the Reader hath already in the Conferences with the Lords but still the Faction could spare little time to remember their Petitioning Friends of Black-Heath who had run their Heads into the Noose of the Law and a Commission was gone out against them for an Inquisition upon which Occasion as before they had warned the Under-Sheriff of Surrey so this day produced an Order of the Commons to the Justices of the Peace of Surrey not to proceed in any Inquisition concerning any Persons that met to subscribe a Petition to be preferred to this House till they should recive further Orders therein from the House This day the Lord Arch-Bishop of York Wednesday Decemb. 15. reported from the select Committee of both Houses concerning the Privileges of Parliament three Particulars which the Committees think fit to be voted in both Houses as a Breach of the Privileges of Parliament And also that a Declaratory Protestation be entred into by both Houses for the claim of those Liberties and this to be drawn up by the Committees Likewise the Committees think fit that a Petitionary Remonstrance be presented to His Majesty from both Houses declaring the Right of Parliament to those Privileges and the Particulars wherein they have been broken with an humble Desire that the like may not be done hereafter and that his Majesty will be pleased to discover the Parties by whose Misinformation and evil Council his Majesty was induced to this Breach of Privilege that so they may receive condign Punishment for the same and that his Majesty be further desired to take no notice of of any Mans particular Speeches or Carriage concerning any Matter Debated and Treated in Parliament a Form whereof is to be drawn and presented to the Committee to Morrow Morning at Nine of the Clock And that the Committees have appointed the Lord Arch-Bishop of York the Lord Roberts Sir
Henry Vane Senior Knight Mr. Hollis Mr. Brown and Mr. Pym to draw up the same accordingly This Report being made and taken into Consideration the three Particulars concerning Privilege were Voted and it was 1 Resolved upon the Question Nemine contradicente Votes of the Lords and Commons concerning breach of Privilege by the King That the Privileges of Parliament were broken by his Majesties taking Notice of the Bill for suppressing of Soldiers being in Agitation in both Houses and not agreed on 2 Resolved upon the Question Nemine Contradicente That his Majesty in propounding a Limitation and Provisional Clause to be added to the Bill before it was presented unto him by the Consent of both Houses was a Breach of the Privilege of Parliament 3 Resolved upon the Question Nemine Contradicente That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Privilege of Parliament The same Votes were also passed in the Commons House Then the Petition of the Lord Peirpoint was read as follows To the Most Honorable the Lords of the High Court of Parliament The Humble Petition of Henry Lord Pierpoint Humbly Sheweth THat whereas your Petitioner in heat of Debate L. Pierpoint's Petition let fall some unfitting Words which offended this Honorable House and drew upon him this Imprisonment Your Petitioner humbly confessing the Justice of his Restraint beseecheth your Lordships Pardon and pass over this his Offence and he shall ever acknowledge your Lordships favor herein H. Pierpoint Hereupon it was resolved upon the Question That the Lord Pierpoint shall be delivered out of his restraint this Night In the House of Commons besides the Debate concerning the Matter of Privilege of which before in the Conferences and Votes of the Lords House several Propositions from the Scottish Commissioners were read and upon the Question assented unto They were presented by Sir Philip Stapleton in five Papers in haec verba 1 As in our first Proposition Propositions from the Scots Commissioners for 10000 Men for Ireland we made offer of 10000 Men in the Name of the Kingdom of Scotland for a further Testimony of Our Zeal to his Majesties Service and Respect and Brotherly Affection to the Kingdom of England We declare That we will upon the Charges of the Kingdom of Scotland Levy and Transport those Men and not stand with our Brethren upon Conditions of Levy and Transport Mony which we very well know is usual in such Occasions and could not in reason have been denyed us and which will amount to a very considerable summ of Money 2 We desire that there may be 30000 l advanced to us of the Brotherly Assistance because there are great Arrears due to our Soldiers who will not willingly enter into a new Imployment unless they be satisfied with what is resting 3 We desire because we cannot unfurnish the Kingdom of Scotland of Arms Canon and Ammunition That what Proportion of any of these we send with our Army That so many and such a Proportion of each kind may be presently sent into Scotland to remain there till the return of what we take into Ireland which we shall give Assurance shall be restored we retaining so much of that which shall be sent into Scotland as shall be lost or spent of ours in the Service of Ireland 3 We desire That with all Expedition some Ships of War may be appointed to go to Lothyan Port Patrick or Ayr to Guard and Waft over our Soldiers whom we intend for Expedition to Transport in small Vessels and that these Ships shall attend at the Ports in Ireland where we land that they may be sent over again into Scotland to bring over to us any necessaries left behind and to go to and again betwixt those Coasts to keep the Passage free for Going and Returning 5 We desire That for every 1000 Foot we send into Ireland a 100 Horse be in readiness to joyn with them and that these be ordered to receive Instructions and Orders and in every thing to obey the Injunctions of our Commanders This Proposition was not fully Assented to but referred back to the Commissioners for the propounding a less proportion of Horse 6 By the Instructions sent by both Houses of your Parliament to your Commissioners in Scotland and which was sent by his Majesty from Berwick to the Council there they did beseech his Majesty to recommend to the Parliament of Scotland that they would take into Consideration the Matter of Wages and other Charges as they would have done for themselves We in this think we could not make particular Agreement with our Troops but desire you would let us know what entertainment you give to your own Commanders and Soldiers wherewith we shall be satisfied and acquiesce to any Order you shall take with them being willing to serve the Crown of England with the same Affection and upon the same Terms as if we were English Men born Sic Subscribitur A. Fullerton This Evening the House sate late and Candles were voted in House divided about Printing the Remonstrance and a very great Debate there was concerning the Remonstrance of the State of the Kingdom which was presented to his Majesty at Hampton-Court whether it should be Printed or not the House was at the last divided upon it with the Yeas were 135. with the No 83. Whereupon it was Ordered That the Remonstrance shall be forthwith Printed and Published Thus did these Men treat this excellent Prince with repeated Acts of Ingratitude for his transcendent Acts of Grace and were so far from being satisfied or contented that the King had given them so much that they advanced in Confidence to demand all And indeed were as the sequel will make it plainly appear resolved to demand still till the King must be necessitated either to deny then or divest himself of every thing but the shaddow of Imperial Majesty and Power that so they might have an Occasion to break with him and indeavour to wrest the Residue of Sovereignty which he had not parted with by plain force out of his Hands His Majesty now began to feel the effects of that unparalell'd Act 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 5. for perpetuating this Parliaments sitting during their own Pleasure and found in reality that by this Act of the highest Confidence by which he hoped as he saith in his excellent Book for ever to shut out and lock the Door upon all present Jealousies and future Mistakes some Men intended to shut him out of Doors himself and that the permitting them to go up to the Pinacles of the Temple of Prerogative gave them an irresistible Temptation to throw down his Majesty and the Monarchy from thence which fatal Act though in his own Words it was no Sin of his Will yet was an Error of too charitable a Judgment By the Printing and Publishing of this Remonstrance
his Majesty evidently saw that their Design was to render his Person Reputation and Government Cheap Contemptible and Odious to his Subjects and this put him upon Printing likewise his Answer to the Remonstrance and issuing out a Declaration to all his Loving Subjects for his own Vindication And here began the Paper-War between the King and Faction of the two Houses in which they were plainly the Aggressors of his Honor Dignity and Reputation His Majesty only standing upon the Defensive The Answer to the Petition and the Declaration were in these Terms WE having received from you The King's Answer to the Petition which accompanied the Remonstrance as also the Declaration concerning it Dec. 1641. soon ofter Our Return out of Scotland a long Petition consisting of many Desires of great Moment together with a Declaration of a very unusual Nature annexed thereunto We had taken some time to consider of it as befitted Vs in a matter of that Consequence being confident that your own reason and regard to Vs as well as Our express intimation by Our Comptroller to that purpose would have restrained you from the Publishing of it till such time as you should have received Our Answer to it But much against Our expectation finding the contrary that the said Declaration is already abroad in Print by Directions from your House as appears by the printed Copy We must let you know that We are very sensible of the disrespect Notwithstanding it is Our Intention that no failing on your part shall make Vs fail in Ours of giving all due Satisfaction to the Desires of Our People in a Parliamentary Way And therefore We send you this Answer to your Petition reserving Our self in Point of the Declaration which We think unparliamentary and shall take a Course to do that which We shall think fit in Prudence and Honor. To the Petition We say That although there are divers things in the Preamble of it which We are so far from admitting that We profess We cannot at all understand them as Of a wicked and malignant Party prevalent in the Government Of some of that Party admitted to Our Privy Council and to other Imployments of Trust and nearest to Us and Our Children Of Endeavors to sow amongst the People false Scandals and Imputations to blemish and disgrace the Proceedings of the Parliament All or any of which did We know of We should be as ready to remedy and Punish as you to Complain of That the Prayers of your Petition are grounded upon such Premisses as We must in no Wise admit yet notwithstanding We are pleased to give this Answer to you To the first concerning Religion consisting of several Branches We say that for the preserving the Peace and Safety of this Kingdom from the designs of the Popish Party We have and will still concur with all the just Desires of Our People in a Parliamentary Way That for the depriving of the Bishops of their Votes in Parliament We would have you consider that their Right is grounded upon the Fundamental Law of the Kingdom and constitution of Parliament This We would have have you consider but since you desire Our concurrence herein in a Parliamentary Way We will give no further Answer at this time As for the abridging of the inordinate Power of the Clergy We conceive that the taking away of the High Commission Court hath well moderated that but if there continue any Vsurpations or Excesses in their Jurisdictions We therein neither have nor will protect them Vnto that Clause which concerneth Corruptions as you style them in Religion in Church-Government and in Discipline and the removing of such unnecessary Ceremonies as weak Consciences might check at That for any illegal Innovations which may have crept in We shall willingly concur in the removal of them That if Our Parliament shall advise Vs to call a National Synod which may duly examine such Ceremonies as give just cause of Offence to any We shall take it into Consideration and apply Our Self to give due Satisfaction therein But We are very sorry to hear in such general Terms Corruption in Religion objected since We are perswaded in Our Conscience that no Church can be found upon the Earth that professeth the true Religion with more purity of Doctrine than the Church of England doth nor where the Government and Discipline are joyntly more beautified and free from Superstition then as they are here established by Law which by the grace of God We will with Constancy maintain while We live in their Purity and Glory not only against all Invasions of Popery but also from the irreverence of those many Schismaticks and Separatists wherewith of late this Kingdom and this City abounds to the great dishonor and hazard both of Church and State for the suppressing of whom We require your timely Aid and active Assistance To the second Prayer of the Petition concerning the removal and choice of Counsellors We know not any of Our Councel to whom the Character set forth in the Petition can belong That by those whom We had exposed to Trial We have already given you sufficient Testimony that there is no Man so near unto Vs in Place or Affection whom We will not leave to the Justice of the Law if you shall bring a particular Charge and sufficient Proofs against him and of this We do again assure you but in the mean time We wish you to forbear such general Aspersions as may reflect upon all Our Councel since you name none in particular That for the choice of Our Counsellors and Ministers of State it were to debar Vs that natural Liberty all Freemen have and it is the undoubted Right of the Crown of England to call such Persons to Our secret Councels to publick Imployment and Our particular Service as We shall think fit so We are and ever shall be very careful to make Election of such Persons in those Places of Trust as shall have given good Testimonies of their Abilities and Integrity and against whom there can be no just Cause of exception whereon reasonably to ground a diffidence and to choices of this Nature We assure you that the mediation of the nearest unto Vs hath always concurred To the third Prayer of your Petition concerning Ireland We understand your Desire of not alienating the forfeited Lands thereof to proceed from your much Care and Love And likewise that it may be a Resolution very fit for Vs to take but whether it be seasonable to declare Resolutions of that Nature before the Events of a War be seen that We much doubt of Howsoever We cannot but thank you for this Care and your chearful ingagement for the suppressing of that Rebellion upon the speedy effecting thereof the Glory of God in the Protestant Profession the safety of the British there Our Honor and that of the Nation so much depends all the Interests of this Kingdom being so involved in that Business We cannot but quicken your
hither We have bin forward to all things which have bin proposed to Vs towards that work and have lately Our Self offered by a Message to Our House of Peeres and communicated to Our House of Commons to take upon Vs the Care to raise speedily 10000 English Voluntiers for that Service if the House of Commons shall declare that they will pay them which particulars We are in a manner necessitated to publish since We are informed that the Malice of some Persons hath whispered it abroad That the no speedier advancing of the business hath proceeded from some want of alacrity in Vs to this great Work whereas We acknowledge it a high Crime against Almighty God and inexcusable to Our good Subjects of Our Three Kingdoms if We did not to the utmost imploy all Our Powers and Faculties to the speediest and most effectual Assistance and Protection of that distressed People And We shall now conjure all Our good Subject of what degree soever by all the Bonds of Love Duty or Obedience that are precious to good Men to joyn with Vs for the Recovery of the Peace of that Kingdom and the preservation of the Peace of this to remove all their Doubts and Fears which may interrupt their Affection to Vs and all their Jealousies and Apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for Vs all God will yet make Vs a Great and Glorious King over a Free and Happy People Sir Philip Stapleton brings a Message from the Commons Thursday Decemb. 16. To desire that the Proceedings in the Affairs of Ireland may be taken into Consideration with Expedition First That their Lordships would give a speedy Answer touching the Bill for pressing of Soldiers Secondly To joyn with them in their Desires to His Majesty that he will make a Declaration against Toleration of the Popish Religion Thirdly To give the Commons a Conference by a Committee of both Houses touching the Treaty with the Scots concerning the business of Ireland To the last of which the House assented and said they would take the two first into consideration The Lord Chamberlain Reported That himself and the Lord Steward had attended the King with the Message concerning the Seven Condemned Priests and that His Majesty returns this Answer for the present That he will take it into Consideration and return an Answer to the House Then the Arch-Bishop of York Reported the Protestation to be entred in the Journals of both Houses concerning breach of Priviledge as also the Petition and Remonstrance to be presented to the King upon that matter The Declaratory Protestation was reaâ— in haec verba WHereas His Most Excellent Majesty did upon Tuesday last in full Parliament The Declaratory Protestation concerning breach of Priviledge in a Speech to both Houses take notice of a Bill for the pressing of Soldiers being in Agitation in the said House and not agreed upon and did offer a Salvo Jure or Provisional to be added to the said Bill and did at the same time declare his Displeasure against some Person or Persons which had moved some Doubt or Question concerning the same The Lords and Commons do Protest and Declare That such His Majesty's Speech is contrary to the Fundamental Ancient and Vndoubted Liberty and Priviledge of Parliament and that it doth of Right belong unto them amongst other Privileges of the High Court of Parliament that the King ought not to take notice of any matter in Agitation or Debate in either of the Houses of Parliament but by their Information or Agreement and that His Majesty ought not to propound any Condition Provision or Limitation to any Bill or Act in Debate or Preparation in either House of Parliament or to manifest or declare his Consent or Dissent Approbation or Dislike of the same before it be presented to him by the consent of both Houses And that every particular Member of either House hath free Liberty of Speech to Propound or Debate any matter according to the Order and Course of Parliament And that His Majesty ought not to conceive displeasure against any Man for such Opinions and Propositions as shall be delivered in such Debate it belonging to the several Houses of Parliament respectively to Judge and Determine such Errors and Offences in Words or Actions as shall be committed by any of their Members in handling and debating any Matters there depending and for the preservation of the said Priviledges for the time to come they do ordain and appoint That this their Protestation and Declaration shall be entred in both Houses and that an humble Remonstrance and Petition shall be framed and presented to His Majesty in the Name of both Houses declaring this their Ancient and Vndoubted Right humbly desiring His Majesty to observe and maintain the said Priviledges and that he will not take notice of any particular Man's Speeches or Carriage concerning any matter in Treaty and Debate in Parliament or conceive any offence or displeasure for the same but that he will declare and make known the Name or Names of the Person or Persons by whose misinformation and evil Council he was induced to the Breach of the Priviledges of Parliament aforementioned After the Reading whereof it was Resolved upon the Question That this Declaratory Protestation now read is approved of and shall be Entred into the Journal of this House Memorandum It is declared by this House That the Person or Persons whom the King shall Name shall not be liable to any punishment without further proof Next the Petition and Remonstrance was read in these Words To the King 's most Excellent Majesty The Humble Petition of the Lords and Commons in Parliament concerning His Majesty's Speech of the 14th of December 1641. Most Gracious Sovereign YOur Majesties most Humble and Loyal Subjects The Petition of the Parliament concerning breach of Priviledge by King's Speech of Decemb. 14 1641. the Lords and Commons in Parliament Do with all Faithfulness and Zeal to Your Majesties Service acknowledge Your Royal Favour and Protection to be a great Blessing and Security to them for the enjoying and preserving of all those publick and private Liberties and Priviledges which belong unto them And whensoever any of those Liberties or Priviledges shall be invaded or broken they hold themselves bound with humility and confidence to resort to Your Princely Justice for redress and satisfaction And because the Rights and Priviledges of Parliament are the Birth-right and Inheritance not only of themselves but of the whole Kingdom wherein every one of Your Subjects is interessed The maintenance and preservation whereof doth very highly conduce to the publick peace and prosperity of Your Majesty and all Your People they conceive themselves more especially obliged with all humbleness and care yea with all earnestness and constancy of resolution and endeavour to maintain and defend the same Amongst other the Priviledges of Parliament
the House of Peers especially where Our Learned Council are admitted by the Peers to speak on Our behalf as they were in this Case and therefore Our Directions necessary therein can be judged any Breach of the Privilege of Parliament And as for Our taking notice thereof and desiring the inserting of a Clause of saving all Rights We neither did willingly or knowingly do any thing to the Breach of the Privileges of Parliament but what We did therein was the great Zeal We had and ever shall have to the suppressing the Rebels in Ireland the quick dispatch of which Bill contributed so much to the effecting thereof And it could not but have received great Delay had it passed both Houses in a Way whereunto We could not have given Our Royal Assent Neither had We any Intention to express any Displeasure against any particular Man for any Opinions or Propositions delivered by way of Debate in either House for Our Intention was to express only Our general Dislike of any Questions that should be raised especially at this time concerning Our Prerogative and the Liberty of the Subject such as this is being but a Preamble which might be left out without prejudice to the Claim and could not be approved by Vs without concluding Our Right As for the last Demand That We should declare the Persons that gave Vs Information It is no great wonder That We should get Information of the Contents of the Bill since they were published in Print before We spoke of them yet though We should have gotten Notice otherwayes It is a thing much beneath Vs to name any that should give Vs Information or Council it being that which We would not impose upon any Person of Honor Our Conclusion is That We had not the least Thought of breaking the Privileges of Parliament but shall by Our Royal Authority ever protect and uphold them And We expect that you will be as careful not to trench upon Our just Prerogative as We will be not to infringe your just Privileges and Liberties and then there will be little disagreement betwixt Vs hereafter in this Point After the reading of which Paper it was Ordered That a Transcript of this Answer be sent down to the House of Commons The House then entred upon the Consideration of the Scottish Propositions Resolves of the Lords concerning Ireland and the Scots Propesitions and after much Debate came to these three Resolutions the Question being put First Whether this House shall consent to send 10000. Scots into Ireland before it can be ascertained that we can and shall send 10000 English Resolved Negatively 2 Whether this House shall Consent to send 10000 Scots before the Bill for pressing be passed Resolved Negatively 3 Whether this House shall joyn with the House of Commons in sending 10000 Scots now into Ireland Resolved Negatively In the House of Commons it was Ordered Walker a Delinquent for Scandalous Pamphlets against the Bishops c. That one H. Walker shall be sent for as a Delinquent by the Serjeant at Arms for being Author as it is affirmed of the Pamphlet intituled A terrible Outcry against the Loytering exalted Prelates and the making and Printing of this and other Books by the same Author was referred to the Committee for Printing Then Mr. Mr. Peard's Report from the Committee of Obstructions to the London Petition Peard Reported from the Committee appointed to consider of the Obstructions in subscribing Hands to the London Petition last presented to this House 1 That the Lord Mayor said they were either ignorant or idle People that did subscribe it 2 That they did not know into what danger they fell 3 That it tended to Mutiny For Mr. Recorder he said 1 They did deserve to be disfranchized That they did not know into what danger they had run themselves And reading of the Petition when they came to that part of it that declared the Common Council the representative Body of the City did desire the removal of the Bishop and Papists Lords from the Lords House Mr. Recorder swore * A pretty kind of Oath and if it had been true it is to be supposed Mr. Rushworth in whose hand this Report is entered would not have minc't the Matter with an c. by c. that it was a Lye and said further That this Petition did tend to Sedition and to set Men together by the Ears and being told it was for Peace * As the event made appear No said he It is for Blood and cutting of Throats and if it come to cutting of Throats and Blood thank your selves and your Blood be upon your own Heads That this Petition would rather confirm Episcopacy then otherwise and that he hated a Papist and detetested this Petition The Committee having received this Information and having Power by their Order to send for Parties commanded me to know the Pleasure of this House in what manner they would have the L. Mayor and Recorder sent for Whether to the House or to the Committee But the House would make no further Order therein but left the Committee to put their former Order in Execution according to the Power therein given them Mr. Peard further Reported That there were two Persons sent for to the King's Attorney Serjeant Glanvile and Serjeant Whitfield who had this Question asked them Whether they knew or heard that some of the King's Council should say That some of the King's Subjects Throats should be cut Whereupon Sir Samuel Rolls Sir Robert Cooke Sir Walter Earle and Mr. Strode were ordered to repair to the King's Attorney Serjeant Whitfield and Serjeant Glanvile and desire to know of them Whether they did not ask some Persons Questions Whether any of the King's Council or any other should say That there would be cutting of Throats ere long or to that effect and the Grounds wherefore they asked that Question and to report the same to the House Mr. Chillingworth Mr. Chillingworth released from the Tower who for words spoken concerning deposing Princes had been sent to the Tower was this Day upon his Petition released A Petition exhibited by divers of those Ministers who Subscribed it was this day read The Petitioners being called in Dr. Burgess in the Name of the rest did desire That it might not be undervalued for the Paucity of the hands in regard they might have more hands but that many of the Ministers now against Christmas were gone to their respective Charges then they withdrew and being called in again Mr. Speaker told them That this House takes in good part their general Care for the good of the Church and believe what they say for the having of more hands the businesses of this House are at this time very great and that with all convenient speed they did resolve to take the Petition into Consideration The Petition as I find it in the Collection of the Prints of that time is as follows To the Honourable the
Mr. Nathanael Fiennes Sir John Clotworthy and Mr. John Pym Members of the House of Commons were present upon a Discourse of some Plots that should be done in this Kingdom or in Scotland the Earl of Newport should say If there be such a Plot yet here are his Wife and Children insinuating the same to signifie that the Person of her Majesty and her Children should be seized upon And whereas Your Majesty upon Friday last was pleased to demand of the Earl of Newport whether his Lordship heard any Debate at Kensington about seizing upon the Queen and her Children which when his Lordship had denied with many and deep Asseverations Your Majesty replied again That he was to tell Your Majesty no more then you knew already and therefore should consider well what he should Answer and his Lordship denying it the second time Your Majesty parting from him replied you were sorry for his ill Memory seeming thereby to give Credit to that Information which Information and Report tend not only to the great scandal of the Members of both Houses of Parliament before named but express an endeavor to stir up Jealousies and work a Division between Your Majesty and the Parliament It is therefore the humble and instant desire of the Lords and Commons in this Parliament That Your Majesty will be pleased to declare who was the Reporter or Reporters of those Words pretended to be spoken at Kensington by the Earl of Newport And that Your Majesty will be pleased likewise to move her Majesty to discover who acquainted her therewith And this as Your greatest and most faithful Council they advise Your Majesty to perform the Exigency of the Affairs of both Kingdoms being such as necessarily require a sudden Remedy which cannot expect any possibility of success without a right Vnderstanding between Your Majesty and the Parliament the only way for effecting hereof is by the present discovery and removal of ill Counsellors and false Informers which to our great Grief we have by Experience found to be too frequent and active in these Dangerous Times After the Reading whereof it was Ordered That this House agrees that this Petition be presented to the King And the Lord Admiral Earl of Bath and Earl of Holland were appointed to wait on the King to know when the Select Committees of both Houses shall attend him to present the aforesaid Petition Who being returned brought Answer That His Majesty hath appointed them to attend him for this purpose to morrow in the Afternoon at One of the Clock at White-Hall The Lord Chamberlain signified to this House Message from the King to the Lords concerning Volunteers for Ireland That the King had commanded him to let the Parliament know that His Majesty will furnish 10000 English Volunteers if the House of Commons will undertake to pay them Upon a Debate this day the Reason of which the Reader will meet hereafter it was Resolved upon the Question That this Parliament is at this present a free Parliament In the Commons House Mr. Pym Reported an Order from the Committee of the Navy in these Words It is this day Ordered by the Commons House of Parliament Order of the Commons touching the Navy That the Committee for the Navy where Sir John Culpeper has the Chair shall Examine why the 55000 l. Ordered in August last by both Houses for supply of the Navy out of the last Bill of Tonnage and Poundage hath not been accordingly performed and having found out the Obstructions therein shall present the same to this House with all convenient speed together with their Opinions what is fittest to be done thereupon and they are further to Examine what Monies are likely to come in upon the present Bill of Tonnage and Poundage during the time it is granted and to report it to this House That the Ordinary and Extraordinary Charge of the Navy for the Year 1642 may be provided for out of the same It is further Ordered That in case the Mony arising out of the last Bill of Tonnage and Poundage shall not be found sufficient to discharge the abovesaid Sum of 55000 l. that then what shall be wanting thereof shall be forthwith paid to the Treasurers of the Navy out of the Monies coming in upon the present Bill of Tonnage and Poundage It is also Ordered That the Sum of 2058 l. 10 s. shall be paid out of the Monies payable by virtue of the aforesaid Bill to the Officers of the Ordnance for the Expences in their Office for the setting out of the last Summers Fleet according to the Engagement of this House It is further the Opinion of the Committee that in the Case of Sir Henry Vane junior concerning the Office of the Treasurer of the Navy That this House do declare that they will take that into Consideration when they shall consider of the passing the next Bill for the Subsidy of Tonnage and Poundage This Order being read was Voted and upon the Question Assented unto It may be remembred what flourishing Speeches Mr. Speaker had formerly made to the King upon the tendring of the Bills for Tonnage and Poundage to his Majesty for the Royal Assent which yet by this Order appear to have been such meer Complements that the King was not so much as a Trustee for the Publick but the Money raised in his Name and by his Authority was to be wholly managed by their Order And Sir Henry Vane for the kindness done them in the Earl of Strafford's Case must be sure to be remembred for a beneficial Office as in truth if in any thing they acted generously and wisely it was in obliging their Friends by Rewards and discouraging their Enemies by punishments the two Methods which Govern the World and which all great Men and great Undertakers have ever by Experience found to be the certain Supporters of their Designs and Enterprizes The Tumults began now to be so horrible Insolent by the Countenance they received from the Faction of the House of Commons Wednesday Decemb. 29. and particularly from their great Patron Pym who publickly at a Conference said God forbid the House of Commons should proceed in any way to dishearten people to obtain their just desires that they not only ran by Troops down to Westminster to cry No Bishop but as they passed by White-Hall they cried They would have no Porter's Lodge but would come to speak to the King themselves without Controul and at their own Discretion The House of Lords hereupon sent for the Sheriffs of London and Middlesex to attend their Lordships Tumults who being called in and being asked Why they have not observed the King's Writ in suppressing and preventing of Tumults and Routs They Answered That the Justices of the Peace for Middlesex opened the Writ and granted out Warrants to the Constables who sent Guards to the Houses of Parliament and upon this they were Questioned by the House of Commons and the Guards were dismissed
most Evident and were themselves guilty of the Disorders they refused to joyn with the Lords in a Legal Way by Proclamation and the Laws to suppress them punished the Officers and turned off the Guards appointed legally to keep the Peace and now unless the King will grant them a Guard all this must be placed to his Majesties Accounts and the Rabble be excited to affront him and force him from White-Hall which was what they longed to be at as hereafter we shall see However his Majesty returned this Gracious Answer to their Message which might have abundantly satisfied them if they had not been beforehand resolved not to be satisfied with any Answer which his Majesty could in Honor give or good Subjects in Reason expect WE have taken the last Message from you The King's Answer to the Message concerning a Guard touching your desire of a Guard into serious Consideration and truly with great grief of heart that after a whole Years sitting of this Parliament wherein you have obtained those things for the happiness and security of your selves and the rest of Our Subjects as no Age can equal instead of reaping in Peace and Tranquility the fruits of your Labours and of Our Grace and Affection to Our People We should find Jealousies Distrusts and Fears still so prevalent amongst you as to induce you to declare them unto Vs in so high a measure as you have done at this time We are wholly ignorant of the grounds of your Apprehensions but this We do protest before Almighty God to whom We must be accountable for those whom he hath intrusted to our Care and Protection that had We any knowledge or belief of the least Design in any of violence either formerly or at this time against you We would pursue them to condign punishment with the same Severity and Detestation that We would do the greatest attempt upon Our Crown We know the Duty of that place where God hath set Vs the Protection We ow to all Our Loyal Subjects and most particularly to you called to Our Service by Our Writs and We do engage unto you Solemnly the Word of a King that the Security of all and every one of you from violence is and shall ever be as much Our Care as the preservation of Vs and Our Children And if this general Assurance shall not suffice to remove your apprehensions We will Command such a Guard to wait upon you as We will be responsible for to him who hath incharged Vs with the Safety and Protection of Our Subjects White-Hall Jan. 3d. The Insolency of the Tumults was inexpressible insomuch that several young brisk Gentlemen of the Inns of Court came and voluntarily offered themselves to his Majesty at White-Hall to Guard his Person from the Rabble whose deportment was so unsufferable that 't is a Miracle no more mischief came of it but such was his Majesties tenderness and caution that he would not permit these young Gentlemen so much as to Exasperate that Rude Crew but having given them thanks for the offer of their Service and ordered them to be handsomly entertained at Tables provided for them they were dismissed Though afterwards a great noise and a Plot was made of drawing these young Gentlemen into a Design to do some strange things But though his Majesty thought not fit to make Use of their Assistance yet he sent to the Lord Mayor to call a Court of Aldermen and Common-Council and to propose to the City the care of Suppressing these Tumultuary Assemblies Proceedings at a Court of Aldermen and Common-Council upon a Message from the King by L. Newburgh concerning Tumults Dec. 31. 1641. an account of which Court and proceedings was as follows A Common-Council held at Guild-Hall in the City of London the One and Thirtieth of December 1641. Commune Concilium tent ' in Camera Guild-Hall Civit ' London ' Tricessimo primo die Decemb. 1641 post Meridiem Anno Reg ' Dom ' nostri Caroli nunc Regis Angliae c. decimo septimo coram Richardo Gurney Milite Baronetto Majore Civit. London Tho. Garnier Milite ejusdem Civit. Record Ed. BromfeildMilit Ed. Wright Mil. Alderm dictae Civit. Johan Cordell Mill. Joh. Gayer Mil. Jacobo Gerrard Mil. ac Alderm Tho. Atkin Alderm Joh. Wallaston Mil. Alderm Tho. Adams Jo. Warner Jo. Towse Abrah Reynardson Tho. Austin Predict Civit. Alderm ac Georgio Garret Georgio Clarke Mil. Alderm ac vicecom Civit. Praedict necnon majore parte Conciliariorum de Com. Concilio ejusdem Civitat tunc ibidem assemblat  At this Common-Council Mr. Recorder declared That by the direction of the Right Honourable the Lord Major he was to signifie to them the cause of their now Assembly how that his Lordship had yesterday received a Letter from Sir Edward Nicholas Knight one of his Majesties principal Secretaries of State intimating that it was his Majesties pleasure his Lordship should call a Common-Council against this time and then his Lordship should be advertised of his Majesties further pleasure and that there was now at this present in the Council Chamber an Honourable Person being the Lord Newburgh Chancellor of his Majesties Court of the Dutchy and one of his Majesties most Honourable Privy-Council come hither to deliver his Message to this Court And thereupon the Right Honourable the Lord Newburgh was desired to come into this Court who being here declared and said in this manner Gentlemen his Majesty out of his good affection towards the City and acknowledging of your great Loves lately shewed unto his Highness hath sent me with a Message to you assuring it to be the same contained in a Paper which he presented and desired to be read to this common-Common-Council which was accordingly done the Tenor whereof followeth in these words THere having been of late many Tumultuary and Riotous Assemblies of people about our Palaces of White-hall and Westminster to the great disturbance of us and our Parliament and we having received Information that some ill-affected persons do still endeavour to incite the like Tumults again we have thought fit to recommend to your especial care the preventing them as far as in you lies especially the ensuing Holy-days at which the idleness of many may make them apter to such disorders We have thought fit likewise to let you know that we are so well assured of the good affections of our City of London by the great expressions which it hath made unto us of late that we can in no wise understand it to have any share in the fault of these Tumults and Distempers but that they proceed meerly from the mean and unruly people of the Suburbs And as we are most confident of the hearts and good affections of our City of London towards us and our Government and will not entertain any other opinion so we do desire them not to be disturbed by any jealousies that ill-affected persons may endeavour to sow
Mr. John Pym Mr. John Hampden and Mr. Will. Strode I. THat they have Traiterously endeavoured to Subvert the Fundamental Laws and Government of the Kingdom of England Articles of High Treason against the L. Kymbolton Mr. Denzil Hollis c. to deprive the King of his Royal Power and to place in Subjects an Arbitrary and Tyrannical Power over the Lives Liberties and Estates of his Majesties Liege People II. That they have Traiterously endeavoured by many Foul Aspersions upon his Majesty and his Government to Alienate the Affections of his People and to make his Majesty odious unto them III. That they have endeavoured to draw his Majesties late Army to difobedience to his Majesties Command and to side with them in their Traiterous Designs IV. That they have Traiterously Invited and Encouraged a Forreign Power to Invade his Majesties Kingdom of England V. That they have Traiterously Endeavoured to Subvert the Rights and very being of Parliaments VI. That for the Compleating of their Traiterous Designs they have endeavoured so far as in them lay by Force and Terror to compel the Parliament to joyn with them in their Traiterous Designs and to that End have Actually Raised and Countenanced Tumults against the King and Parliament VII And they have Traiterously Conspired to Levy and actually have Levied War against the King After which Mr. Attorney declared That he was farther charged to desire certain things on his Majesties behalf 1. That a Select Committee of Lords may be appointed to take the Examinations of such Witnesses as the King will produce in this business as formerly hath been done in Cases of the like Nature according to the Justice of this House and this Committee to be under a Command of Secresy as formerly 2. And his Majesty Commanded him to ask Libenty to add and alter if there should be Cause according to Justice 3. By the like Commandement he desired that their Lordships would take care for the securing of the Persons as in Justice there should be Cause Hereupon the Lord Kymbolton being present in the House offered himself to obey whatsoever it should please this House to Impose upon him and what course their Lordships would please to take with him he would submit thereunto but as he had a Publick Charge so he desired he might have a publick Clearing Hereupon it was Ordered That this business shall be taken into Consideration by a Committee of the whole House and to consider whether this Accusation of Mr. Attorney General of the Lord Kymbolton and others of High Treason and High Misdemeanors be a Regular proceeding according to Law and whether there were any such Proceedings ever before in this House and whether an Accusation of Treason may be brought into this House by the Kings Attorney against a Peer of Parliament and whether any Person ought to be Committed to Custody upon a general Accusation from the King or the House of Commons before it be reduced into Particulars And these Lords following were appointed Committees to peruse and consider of Presidents and Records concerning the aforesaid Particulars and Report the same to the House Lord Steward Lord Chamberlain Earl of Bath Earl of Southampton Earl of Warwick Earl of Bristol Earl of Holland Mr. Serjeant Whitfield and Mr. Serjeant Glanvile Assistants their Lordships or any five of them to meet and search Records when and where they please After this a Petition of the twelve Bishops that are Impeached by the House of Commons of High Treason was read Desiring that they may have Council Assigned them by this House to advise them in their defence and in particular They desired these Councellors following Mr. Counsel Assigned for the Bishops Lane the Princes Attorney Sir Thomas Gardner Recorder of London Mr. Herne Mr. Chute Mr. Fountain Mr. Hales Mr. Trevor who were thereupon by the Lord Assigned to be of Council for the Bishops It was also Ordered That this House layes no restraint upon any Member of this House but any Peer may go and see the Bishops in the Tower if he please Then the House Ordered That in regard of the many Occasions at this present the House cannot take the Propositions brought last from the Scotch Commissioners concerning Ireland into so speedy Consideration as the Necessity of the Kingdom requires That the Lords Commissioners do Treat with the Scotch Commissioners about the said Propositions and bring them to as low Terms and Conditions as they think fit for this House to grant and to Report the same to the House The King in Prosecution of his Impeachment of the aforesaid Gentlemen of the House of Commons had Commanded their Chambers Studies and Trunks to be Searched and had Issued out Warrants for their Apprehension in order to bring them to a Fair and Legal Tryal but this Procedure did so fire and Irritate the Faction that they fell to Voting and out-cries of the Breach of Priviledge of Parliament as if those very Walls had been a Protection against Treason as indeed they afterwards proved For it was Immediately Resolved c. That the several Parties now Sealing up of the Trunks or Doors or Seizing the Keyes of Mr. Pym Mr. Hollis or any other Members of this House that the Serjeant shall be informed of Votes concerning Sealing of Trunks Doors c. shall be forthwith Apprehended and brought hither as Delinquents and that the Serjeant shall have Power to break open the Doors and to break the Seales off from the Trunks Resolved c. That Mr. Speaker shall Issue a Warrant directed to the Serjeant at Armes attending on this House to the Effect of the Order abovesaid Resolved c. That if any Persons whatsoever shall come to the Lodgings of any Member of this House and there do offer to Seal the Trunks Doors or Papers of any Members of this House or to Seize upon their Persons that then such Members shall Require the Aide of the Constable to keep such Persons in safe Custody till this House do give further Order and this House doth declare That if any Person whatsoever shall offer to Arrest or Detain the Person of any Member of this House without first acquainting this House therewith and receiving further Order from this House that it is lawful for such Member or any Person Assisting him to stand upon his and their Guard of Defence and to make resistance according to the Protestation taken to defend the Priviledge of Parliament And Mr. Conference about Breach of Priviledge in Sealing Studies c. Walter Long was sent up with a Message to the Lords for a Conference by a Committee of both Houses touching the Breach of Priviledge of Parliament which the Lord Keeper Reported as follows That the House of Commons apprehended the Parliament to be the great Council and the Representative Body of the Kingdom and both Houses are but one Body of the Realm the Priviledges are as the Walls and Sinews of the Parliament which being cut
groaning under the Burden of Tyrannical Oppression inflicted on them unjustly and maliciously by Unmerciful and Wicked Men that have Usurped unto themselves Places and Offices of Power and Authority both in Church and State Mr. Speaker This Great and high court is not only the Powerfullest of all other Courts whatsoever but the Prudentest and Wisest made and compacted not only of Men sound in Religion well Learned but Ripe in their Judgments contracted from all Parts of this Kingdom Elected Chosen with the free consent of the whole body Politique of the Kingdom this great and high Council is not only of such Power and Wisdom but indued and attended with the most and greatest Priviledges thereof that not only the meanest of his Majesties Subjects but the greatest Personages of the Kingdom are in danger if infringers of the same to be called in Question and by them punished therefore give me leave Mr. Speaker to speak somewhat of the Priviledges in this particular incident and appertaining to this Wise Senate and in speaking thereof I shall observe these three particulars 1. The Rights and Priviledges belonging to the same in the free Votes and Judicature thereof 2. The Rights and Priviledges belonging to the Power and Jurisdiction thereof 3. The Rights and Priviledges in the Continuances thereof being freely called and assembled by his Majesties Authority not to be dissolved or broken off till all things agitated therein for the good both of Church and Common-Wealth be fully concluded and determined First Mr. Speaker concerning the Priviledges of a Parliament belonging to the free Votes and Judicature thereof I shall observe these three particulars First To speak freely without Interruption or Contradiction in any Debate Dispute or Argument upon any business agitated in the same being a Member thereof I conceive to be one Priviledge of a Parliament Secondly Not to be questioned or any such free Dispute Argument or Debate to be taxed or accused for the same either during the free sitting thereof or after is another Priviledge of Parliament Thirdly Freely to give Vote Judgment or Sentence upon the Reading of any Bill to be made a Law or any Bill either of attainder or other Charge against Delinquents and Criminous Persons against the State at their Tryal upon the same is a third Priviledge of Parliament Fourthly To defend and Maintain the Free Vote Judgments and Sentences of the whole House by Protestation Remonstrance or other Declaration if not consented unto or opposed by the House of Lords is a Fourth Priviledge Fifthly For any Member of the House not to be accused of any Crime or Impeached for Treason by any Person whatsoever during the continuance of the Parliament for things done in the same without Legal Accusation and Prosecution of any such Member by the whole House is another Priviledge of Parliament Sixthly Not to be apprehended upon such Impeachment or arrested by any Officer or to have studies broken open their Books and Writings seized upon without consent or Warrant of the whole Parliament is another Priviledge of the same and thus much Mr. Speaker shall suffice to be spoken concerning the Priviledges and Rights of Parliament pertinent to the Subjects of which I am to speak I come now to the Second thing I proposed to your Audience which was the Rights and Priviledges belonging to the Power and Jurisdiction of the Parliament in which I shall observe these particulars First to consult and consider of what Laws are fit to be made and Enacted in this Kingdom for the good Government thereof is one Priviledge belonging to the Power and Jurisdiction of this High Court. Secondly to Justifie or abrogate repeal make Void to ratifie and Confirm Establish and Maintain Laws Statutes and Ordinances made and Enacted by precedent Parliaments by Councils of State or other Courts of Judicature is a second Priviledge pertaining to the Power and Jurisdiction of the Parliament Thirdly To give Subsidies to raise Taxes to impose Loans and other charges upon the Subject is another Priviledge belonging to the Power Jurisdiction of the Parliament Fourthly to Accuse or Impeach any Incendiaries or Delinquents in this Kingdom of any Crime notorious tending to the prejudice of his Majestie or any of his Loyal Subjects whether it be for Treason or other wayes be they Members of the Parliament or no is another Priviledge belonging to the Power and Jurisdiction of the Parliament Fifthly and lastly To prosecute and bring to Judgment such Persons so Accused or Impeached for any Crime whatsoever is another Priviledge belonging to the Power and Jurisdiction of this Court. And thus much of the Rights and Priviledges belonging to the Power and Jurisdiction of a Parliament And now Mr. Speaker I come to the last thing I Mentioned to you concerning the Priviledges belonging to the Continuance and Free sitting till all things be concluded of for the Good Government of Church and State in which I shall also observe these particulars First that for a Parliament when Freely called and Assembled by Royal Authority not to be to debate or argue any one particular business appointed by any person whatsoever is one Priviledge belonging to the Continuance of a Parliament Secondly Not to break off or dissolve a free Parliament until all the Grievances and oppression of all his Majesties Loyal Subjects be fully redressed and Remedied is a Second Priviledge belonging to the continuance of Parliament Thirdly Not to break off or dissolve a Parliament till all Incendiaries and Delinquents in the State be brought to condigne punishment for their Crimes Fourthly and lastly To Accuse or Impeach any Member of the Parliament thereby to hinder and interrupt the Legal Proceedings thereof in the Weighty Affairs of the Common-Wealth is another Priviledge belonging to the Continuance of a Parliament And thus having briefly declared to you the Power and Jurisdiction of a Parliament above all other Courts of Judicature in this Land the Wisdom and Policy of a Parliament above all other Councils the Rights and Priviledges of a Parliament in respect of the free Votes and Judicature thereof the Power and Jurisdiction thereof and the free continuance thereof I humbly leave to the Consideration of this House whether the accusation of these Gentlemen accused by his Majesty and the illegall breaking open upon this their Accusation of thir Chambers Truncks and studies be not a breach of some of the Priviledges of Parliament which I have Mentioned unto you I have nothing to say against the Real Priviledges of the High Court of Parliament but certainly that of a Parliaments sitting till all pretended Grievances are Redressed which is tantamount to sitting perpetually since there will be alwayes such Pretences is so far from being a Real Privilege of Parliament that among all the Rolls and Records of our Parliaments there cannot be found one single Instance of any Parliament that pretended or laid Claim to such a Privilege And there cannot be a more demonstrative Agreement against this
rid three Stages more as before is mentioned in order to the Royal Assent The Petition of the Inhabitants of Bucks which was delivered to his Majesty at Windsor was in these Words To the Kings most Excellent Majesty The humble Petition of the Inhabitants of the County of Buckinghamshire Sheweth THat your Petitioners having by vertue of your Highness Writ chosen John Hampden Knight for our Shire Bucks Petition to the King concerning Hampden in whose Loyalty we his Countrymen and Neighbours have ever had good cause to confide However of late to our no less amazement then grief we find him with other Members of Parliament accused of Treason And having taken to our serious consideration the manner of their Impeachment we cannot but under your Majesties favour conceive that it doth so oppugne the Rights of Parliament to the maintenance whereof our Protestation binds us that we believe it is the malice which their zeal to your Majesties Service and the State hath contracted in the enemies to your Majesty the Church and Common-wealth hath occasioned this foul Accusation rather then any deserts of theirs who do likewise through their sides wound the Judgment and Care of us your Petitioners and others by whose choice they were presented to the House Your Petitioners therefore most humbly pray that Master Hampden and the rest that lye under the burden of that Accusation may enjoy the just Priviledges of Parliament And your Petitioners shall ever pray c. To which his Majesty returned this Answer Windsor 13 Jan. 1641. HIs Majesty being graciously pleased to let his Subjects understand his care not knowingly to violate in the least degree any of the Priviledges of Parliament hath therefore lately by a Message sent by the Lord Keeper signified That he is pleased because of the doubt that hath been raised of the manner to Wave his former proceedings against Master Hampden and the rest mentioned in this Petition concerning whom his Majesty intends to proceed in an unquestionable way And then his Majesty saith It will appear that he had so sufficient Grounds to question them as he might not in Justice to the Kingdom and honour to himself have forborn and yet his Majesty had much rather that the said Persons should prove Innocent then be found guilty However he cannot conceive that their Crimes can in any sort reflect upon those his good Subjects who elected them to serve in Parliament It is Incredible what Advantages the Faction made of this Action of his Majesties in going to the Commons House in Person it shocked even many of his best Friends to that degree that they knew not what Construction to make of it insomuch that the Lord Mayor Aldermen and Common-Council Men Many of which were Loyal Men yet in this Epidemical Petitioning time they were also seized with the Petitioning Disease for however warrantable modest Petitioning may be yet this sort of it was really the Effect of a distempered and crazy State and did extremely promote all the insuing Mischiefs and that State Calenture for which England was forced to bleed so severely The Petition together with his Majesties most excellent Answer were as follows To the Kings most Excellent Majesty The humble Petition of the Mayor Aldermen and Common Councel of the City of London MAy it please your most excellent Majesty The Petition of the Lord Mayor c. of the City of London concerning the Kings going to the House of Commons the often expressions of your most gracious acceptance of the manifestation of the Petitioners duty and loyalty and the frequent Declarations of your Majesties great care of the good and welfare of this City and of the true Protestant Religion and of protecting and preserving the Persons and Priviledges of your great Councel assembled in the high Court of Parliament Each encouraged the Petitioners to represent the great Dangers Fears and Distractions wherein the City now is by reason of the prevailing progress of the bloudy Rebels in Ireland fomented and acted by the Papists and their Adherents and want of Aid to suppress them and the several intimations they have had both Forreign and at Home of the driving on of their Designs tending to the utter ruin of the Protestant Religion and of the Lives and Liberties of your Majesties loyal Subjects the Putting out of Persons of Honour and Trust from being Constable and Lieutenant of the Tower especially in these times and the Preparations there lately made the fortifying of Whitehall with men and Munition in an unusual manner Some of which men with provoking language and violence abused divers Citizens Passing by and the drawing divers swords and therewith wounding sundry other Citizens in Westminster-hall that were unarmed the late endeavours used to the Inns of Court the calling in divers Canonneers and other assistance into the Tower the late Discovery of divers Fire-works in the hands of a Papist and the mis-understanding betwixt your Majesty and Parliament by reason of misinformation as they humbly conceive Besides all which the Petitioners fears are exceedingly encreased by your Majesties late going into the House of Commons attended with a great multitude of armed men besides your ordinary Guard for the apprehending of divers Members of that House to the endangering of your Sacred person and of the persons and Priviledges of that Honourable Assembly The effects of all which Fears do tend not only to the overthrow of the whole Trade of this City and Kingdom which the Petitioners already feel in a deep measure but also threatens the utter ruine of the Protestant Religion and the Lives and Liberties of all your loyal Subjects The Petitioners therefore most humbly pray your Sacred Majesty That by the advice of your great Councel in Parliament the Protestants in Ireland may be speedily relieved The Tower put into the hands of persons of trust That by removal of doubtful and unknown persons from about White-hall and Westminster a known and approved Guard may be appointed for the safety of your Majesty and Parliament and that the Lord Mandevill and the five Members of the House of Commons lately accused may not be restrained of Liberty or proceeded against otherwise then according to the priviledges of Parliament And the Petitioners as in all duty bound shall pray for Your Majesties most long and happy Reign c. His Majesties Answer to the Petition of the Mayor Aldermen and Common-Councel of the City of London His Majesty having fully considered the matter of this Petition is graciously pleased to declare that being unalterably resolved to make good all his Expressions and Declarations of his care of this City Of the true Protestant Religion and of the privileges of Parliament His Majesty takes in good part the intimation given by the Petitioners of the fears and distractions wherein the City now seems to be And though He conceives He did on Wednesday at the Guild-hall satisfie most of those particulars is pleased to add this further Answer
City and that the Resolution of the said Committee can take no effect until they be communicated to the Common Council the House of Commons desires their Lordships to joyn with them in an Order That the Lord Mayor shall call a common-Common-Council together as often and at such times as shall be desired by the said Committee and that whatsoever Order the said Lord Mayor hath or shall receive from either of the Houses of Parliament shall be imparted to the said Committee To the first part of this Message the Lords agreed To the second That the Lord Digby have notice to attend this House if he be at Kingston or at Court but if he be gone to Sherborn to fetch up his Lady he is to go on his Journey To the third It was Resolved c. That this House will joyn with the House of Commons concerning the Governor of Portsmouth These Lords following Lords Dissenting from the Vote about Portsmouth before the Question was put Desired their Right of entring their Dissent to this Vote if it were carried against them Which the House gave way unto viz. Earl of Southampton Lord Mowbray Lord Wentworth Lord Pierpoint To the latter part of the Message concerning the Common-Council the House agrees therein with the House of Commons and the next day they were drawn into formal Orders of both Houses The Earl of Southampton speaking some Words in the Debate of this Message which the House conceived to reflect upon the Honor of the House Earl of Southampton questioned for Words which were That the Parliament had neglected their Duty to the King for the safety of his Person Upon which his Lordship was put to explain himself which being done these Resolutions passed Resolved c. Nemine contradicente That this Parliament have performed their Duties to the King for the Safety of his Person Resolved c. That the Earl of Southampton hath satisfied this House with the Explanation he now made of himself A Message was then brought from the House of Commons by Sir Philip Stapleton being two Votes concerning Sir John Byron Lieutenant of the Tower to which they desired the Concurrence of the Lords 1. Votes of the Commons concerning the Lieutenant of the Tower That Sir John Byron the now Lieutenant of the Tower hath committed a high Contempt against the Authority and Priviledges of Parliament in refusing to appear upon the Summons of both Houses of Parliament To which the Lords agreed 2. That Sir John Byron the now Lieutenant of the Tower shall be sent for as a Delinquent The Lords deferred giving any Resolution of this last Vote at this time Search to be made about the Commons House In the Commons House it was this day Ordered That another Lock be set upon the Door under the Stairs at the Door of the Commons House and that Mr. Bell keep the Key and search it every Morning also that it be referred to the Committee appointed to search about the Houses and Places near the Parliament House to take daily care that all Places thereabout be safeguarded and kept Secure Mr. Calcot the Informer of Lunsford's being at Kingston with 500 Horse Theophilus Calcot gave the House Information of many Horse under the Command of Collonel Lunsford were Lodged at Kingston upon Thames to the number of 500 or thereabouts That there came Yesterday two Loads of Ammunition that there was last night Captain Thomas Howard a Member of the Commons House and as they say had a Command of some Men there Which occasioned the Message before mentioned It seems the Information did not agree for afterwards Mr. Hollis reported from the Committee appointed to consider of this Information That there were about 200 Men there that they have Pistols and discharge them and carry themselves in a disorderly Manner to the Terror of the People And in reality all this great Army at Kingston was only the Lord Digby and his ordinary Retinue But every thing was Multiplied and Magnified to the highest degrees and whether true orfalse it did the business Effectually and kept up the Fears and Jealousies of the People and confirmed them in the belief of strange Plots against the City and Parliament Then Mr. Sollicitor St. Johns Mr. Whitlock Sir H. Anderson The Committee to draw the Declaration to be sent into all Parts of the Kingdom to put themselves into a Posture of Defence Sir Gilbert Gerrard Mr. Green Sir John Holland Mr. Whistler Sir H. Mildmay Mr. Rigby Mr. Boduile Mr. Grimston Sir Martin Lumley Sir Edward Hungerford Mr. Cave Sir Edward Patherich Serjeant Wild Sir Thomas Barrington Mr. Ashton Mr. Moore Mr. Strode Sir J. Evelyn Mr. Noble Sir William Massam Mr. Lisle were appointed a Committee to take into consideration the drawing of a Letter or other Declaration to be presented to the Lords and by both Houses to be publish't in Print and sent into all the parts of the Kingdom advising them with all Expedition to be in a readiness and a good posture of Defence upon all occasions to defend their several Counties from Invasion by Papists or other ill affected Persons and to declare the several Designs that this quarter of a year last past hath been against the Parliament and safety of the Kingdom It was also Ordered That 2000 l. of the Pole Money shall be paid by the Lord Mayor of York to Sir John Hotham for the service of Hull It was also Ordered upon the Information of Mr. Thomas Blunt Search for Arms at Mr. Ropers at Eltham in Kent That the said Mr. Blunt and Mr. Gibbon or either of them do forthwith make diligent search in the House of Mr. Anthony Roper in Kent at Eltham or any other suspected place for Arms and Ammunition and if they find any there to Seize the same and to apprehend the Person of him or any other Suspected Persons and to take Examinations touching this matter and to use their best indeavours for the Apprehending of Mr. Cecil Cave Who as Blunt said he had been informed had given out that ere long Bloud would be Sold as cheap as Milk The Serjeant was ordered to repair to the Queens Millener Letters to Mr. Crofts opened and require him forthwith to attend the House with the Paquet of Letters which he this day received by the French Post directed to Mr. Crofts Joseph Lee a Waterman informed the House of some great Saddles going to Kingston by water whereupon Order to Seize Saddles and Horses the Serjeant was commanded to Seize them And an Order was sent to the Justices next Hampton Town to make stay of some Horses that the House is informed are now in the Stable of one Mr. Robinson until this House shall take further order An other Order to Sir John Franklyn and Mr. Search for Arms at Sir James Hamiltons Lodgings Whittacre to search the Lodgings of Sir James Hamilton for Arms and Ammunition and to Seize the same and
Sir Arthur Haslerig Mr. Pym Mr. Hampden and Mr. Strode by Sir William Killigrew Sir William Flemen and others in the Innes of Court and elsewhere in the Kings Name was a high Breach of the priviledge of Parliament a great scandal to his Majesty and His Government A seditious Act manifestly tending to the subversion of the peace of the Kingdom and an injury and dishonour to the said Members there being no legal charge or accusation against them The priviledges of Parliament and the liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unless His Majesty will be graciously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the Sealing of the Chambers and Studies of the said Members to send a Serjeant at Arms to the House of Commons to demand their said Members to issue out several Warrants under His Majesties own hand to apprehend the said Members His Majesties coming thither in his own Royal person The publishing of the said Articles and printed paper in the form of a Proclamation against the said Members in such manner as is before declared To the end that such persons may receive condign punishment And this House doth further declare Voted Jan. 17th 1641. That all such persons as have given any Counsel or endeavoured to set or maintain division or dislike between the King and Parliament or have listed their names or otherwise entred into any combination or agreement to be aiding or assisting to any such councel or endeavour or have perswaded any other so to do or that shall do any the things above mentioned And shall not forthwith discover the same to either House of Parliament Or the Speaker of either of the said Houses respectively and disclaim it are declared publick enemies of the State and peace of this Kingdom and shall be inquired of and proceeded against accordingly But to proceed This Morning Sir Henry Vane Sir Walter Erle Sir Sam. Rolls and Sir Simon D'Ewes were appointed to examine the Pacquet from France directed to Mr. Crofts which they did and Reported That they found nothing in those Letters of any Consequence Mr. Whittacre also Reported That he had searched the Lodgings of Sir James Hamilton according to the Order yesterday but found no Arms there as was informed Committee to Try Frivolous Informations Whereupon Mr. Long Mr. Whittaker Mr. Strode Sir Arthur Haslerig Mr. Cary Mr. Arthur Goodwin Sir John Franklyn Mr. Whitehead Sir John Evelyn Mr. Wheeler Sir John Holland Sir Robert Pye Mr. Glyn Mr. Brown Mr. Reynolds and the Citizens for London were appointed to be a Committee and they or any three of them to have Power when Informations come to be given to the House to examine them and if they find them worth the knowledg of the House to acquaint the House therewith and if they find them not of any consequence to dismiss the Business and the Parties and they have power to send for Parties Witnesses and Writings and to make searches as they see Cause and to open Doors Chests or Trunks There is nothing can make it more evident then the appointing this Committee that these People were abundantly satisfied and sensible that they were horribly imposed upon by frivolous Informations and yet they were so void either of Honor Honesty or Conscience without due Examination to impose those false Informations upon the Nation as great Truths as particularly the Lord Digbie's being at Kingston with 500 armed Men which made such a noise that the Trained Bands and Posse Comitatus were raised to disperse a Rebellious Assembly of a Coach and six Horses and the ordinary Retinue of a Nobleman but this was their Way and they were not concerned to search for the truth of their Informations but the Consequences of them and whether they would turn to Account to blacken the King and inflame the People His Majesty had sent down Captain Legg to take Charge of the Town of Hull and the Ammunition there whereupon the Commons who had before Ordered Sir John Hotham to be Governor a Committee was appointed to consider of the Bail given to the Serjeant for any Person committed by the House to the Custody of a Serjeant and to report their Opinion to the House both concerning the Bail and Persons bailed and upon their Report It was Ordered That those Lords that are Bail for Captain Legg shall be moved to bring in Captain Legg forthwith and the Serjeant is to move those Lords accordingly The Officers and Gunners of the Tower having been Summoned to attend the House Gunners of the Tower examined by the Commons and accordingly appearing it was Ordered That Sir Gilbert Gerrard Mr. Hampden Sir Robert Pye and Sir Henry Mildmay do Examine the Officers of the Tower now at the Door what Persons suspected have been lately put into the Tower and to ask them if they will all take the Protestation and to acquaint them That this House sent for them in respect that they have a good Opinion of them thinking they might have had occasion to use them but at this time they have not and so to dismiss them The House was then informed Lieutenant of the Tower at the Commons Bar. That the Lieutenant of the Tower Sir John Byron was at the Door who was called in to the Bar and kneeled there a while and then rising again delivered an humble Petition to the House which was read and it was Ordered That the Serjeant should acquaint him that the House hath read his Petition and in due time will take it into Consideration The Commons having desired the Lords to joyn with them Friday January 14. in an Order for several Counties to raise Force to Suppress the pretended Army of the Lord Digby assembled at Kingston the Lords this Day made a general Order for suppressing all Tumults and unlawful Assemblies throughout this whole Kingdom as follows WHereas Information hath been given to the Parliament Order for suppressing Tumults That the Lord Digby Son to the Earl of Bristol and Colonel Lunsford with others have gathered Troops of Horse and have appeared in warlike Manner at Kingston upon Thames in the County of Surrey where the Magazine of Arms for that part of the County lies to the Terror and Affright of his Majesties good Subjects and disturbance of the Publick Weal of the Kingdom It is this Day ordered by the Lords and Commons in Parliament That the Sheriffs of the several Counties of England and Wales calling to their Assistance the Justices of the Peace and the Trained Bands of the several Counties or so many of them as shall be necessary for the Service shall suppress all unlawful Assemblies gathered together to the Disturbance of the Publick Peace of the Kingdom in their several Counties respectively and that they take Care to secure the said Counties and all the Magazins in them And it was Ordered to be Printed and
will continually disturb the Peace of that Kingdom as well from hence as from Forreign Powers for no way will be left unattempted by them whereby the Peace of that Kingdom may be disturbed and then of necessity England must be forced to undertake a new conquest of this Kingdom for a politick Reformation will then become impossible and to make a new Conquest will be now more difficult and chargeable then in any former times in reguard the Ports and Inland Towns and the Principal Strengths will be immediately lost as some of them already are which are now more in number by much then were here in former times and the People better disciplined in the rules of War besides many other advantages they have as well by the return hither of Commanders of the Irish who served in Forreign Nations as otherwise which they wanted in the time of former Rebellions there and besides all the meer Irish now in the Service of the King of Spain will undoubtedly return hither to joyn with the Rebels And so we humbly take leave and remain from his Majesties Castle of Dublin 5. November 1641. Your most Honourable Lordships humbly at Commandment Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Jon. Kaphâ—e Cha. Lambart Ad. Loftus J. Temple Cha. Coote P. Crosbie Tho. Rotherham Ja. Ware Rob. Meredith A Letter of the same Date was also sent to the Speaker of the House of Commons A Letter from the Lords Justices Council in Ireland to the Speaker of the H. of Commons No. â—th 1641. in these words SIR SVch are the present Calamities under which all the English and Proâ—â—stants in Ireland do now suffer as if Supplies of Men Money and Arms come not speedily forth of England hither it cannot be avoided but the Kingdom must be lost and all the English and Protestants here destroyed wherefore as we have now humbly represented the same more fully to the Lords of his Majesties most Honourable Privy Council and formerly to his Majesty and to the Lord Lieutenant of this Kingdom so we adjudge it fit by these our Letters to you to make it known to the Honourable the Commons House of Parliament there who cannot but foresee the many other grievous and Lamentable Consequences which the loosening of this Kingdom must unavoidably bring to England and certainly this Kingdom and the Lives of Vs all here and all the Protestants in the Kingdom were never in so great Danger to be lost as at this instant no age having produced in this Kingdom an example of so much Mischief done in so short a time as now we find acted here in less then a fortnights space by Killing and Destroying so many English and Protestants in several Parts by Robing and Spoyling of them and many thousands more of his Majesties good Subjects by Seizing so many Castles Houses and Places of Strength in several Parts of the Kingdom by threatning the English to depart or otherwise that they will destroy them utterly and all their Wickedness acted against the English and Protestants with so much Inhumanity and Cruelty as cannot be imagined to come from Christians even towards Infidels We comfort our selves with this hope That by the Blessing of God on the Wisdom of that Honourable House we may have sudden and full Supply from thence whereby we may be enabled to preserve the Kingdom and consequently prevent the further Lamentable Mischiefs which may otherwise follow And so we remain from his Majesties Castle of Dublin 5. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase J. Dillon Ant. Midensis Joh. Raphoe Cha. Lambart Ad. Loftus J. Temple P. Crosbie Cha. Coote T. Rotherham Ja. Ware Rob. Meredith Sp. of Com. And after this another Letter was dispatched to the Speaker of the House of Commons which spoke this Language A Letter from the Lords Justices Council of Ireland to the Speaker of the H. of Commons No. 13th 1641. SIR BY Letters from the Lord Lieutenant of this Kingdom we observe how sensible the Honourable Commons House of Parliament there is of the Insolencies of the Rebels here and of the present danger of the whole State and Kingdom and the readiness and forwardness wherewith that Honourable House hath ordeined Aids and Supplies for us which exceedingly Comfort us amidst the Distresses wherein we now stand And we crave leave as to acknowledg with most hearty thanks to that Honourable House the High Favour we have therein received and our joyful apprehension thereof so to intreat most earnestly that the Supplies may be hastened unto us with all possible speed in such a proportion as by our Letters of the fifth of November to the Lord Lieutenant we humbly moved and in such manner as by our Letters now sent to his Lordship we humbly desire wherein if all possible speed be not used the deliverance intended by that Honourable House to this State and Kingdom may be prevented and so the Cruel and Barbarous Rebels become possessed of the Kingdom which we Submit to the deep Judgement of that Honourable House And so we remain from his Majesties Castle of Dublin 13. November 1641. Your very assured Loving Friends Will. Parsons Jo. Borlase Ormond Ossery J Dillon Cha. Lambart Ad. Loftus Gerrard Lowther P. Crosbie Ja. Ware Rob. Meredith Sp. of Com. House But the Parliament of England as may be observed before in the preceeding Transactions of the two Houses though they made a mighty bustle and noise about relieving of Ireland made but very slow steps towards the Suppressing of the Rebellion in good Earnest And notwithstanding the pressing instances and repeated Messages of his Majesty to forward that Affair they were two much taken up with the Management of their own Designs to assist that distressed Kingdom to any purpose They gave a great many good words and sent over Letters full of Promises of Men Money and Provisions but all the course they took was to borrow Money of the City of London and the Merchants which was not considerable for such a Work and for Men though the King offered presently to raise 10000. Volunteers if the two Houses would undertake to pay them they would by no means hear of it but did all they could to discourage those Levies by questioning such as beat up Drums for Volunteers for that Service By this means and by some other Actions before recounted this Rebellion which was at first but a few Sparks and might without difficulty have been Extinguished grew to be an Universal Flame And nothing can be more evident then that how general soever the Conspiracy was many of the Irish stood at Gaze to see what would become of the First Commotions but observing the little Force which was in Ireland to oppose them the little probability of Succors from England the great Animosities and Dissentions and a Prospect of a Civil War in England between the King and the two Houses and being incouraged with hopes of Forreign Assistance
the two Houses did as confidently aver for positive and undoubted Truths as if they had had a Discovery under the King or the Queens own Hand and Seal and to make the People believe it they so vigorously pressed that the Queen might make an Open and Publick Declaration to be sent to Ireland disavowing all manner of Countenance or Assistance to the Rebels or the Rebellion which was designed purposely to blemish Hers and the King's Honor by spreading the Suspition which the Faction had that they were concerned secretly in this detestable Rebellion There were indeed some great Persons I doubt not who gave the Rebels all the Countenance Encouragement and Assistance they could Possibly but I am for setting the Saddle upon the Right Horse Cardinal Richelieu I make no doubt who was in his time the great Incendiary of Europe and who had had a great share in the management of the Scottish Rebellion as before hath been observed had also a very great Influence both upon this Rebellion in Ireland and that which followed it in England as in due time I shall indeavour to make it appear And to fortifie this Opinion I will present the Reader with the Information of Mr. James Wishert a Scot who in a Letter to Mr. Pym gives this account of himself and the Intelligence he got among the Rebels during the space of 12 Weeks that he was a Prisoner among them and since I have not found that Mr. Pym made this Information publique which confirms me in the Opinion that this was a tender point and Richelieu too much a Friend to their own wicked designs to be discovered or Exposed I think my self bound to give Posterity all the light I have been able to discover to enable them to look into the dark and horrid Contrivances of the Conspirators of that Age and the rather in regard it may be a Caution to succeeding Times and may give them some Reason to suspect that there may be dangerous Confederacies even between the Pretenders to Reformation and the greatest Papists though for different Ends the Reformers to secure themselves from Justice by embroyling the Nation and the Popish Ministers of Forreign Nations to keep us busie at home that so we might not be at leizure to keep the ballance even as the Kings of England have ever had the Honour to do but that our hands being tied behind us by domestique Divisions they might be at Liberty by the Power of their Arms to Extend their Empire and Ambition beyond the Bounds and Limits within which the Wisdom of former Ages had restrained them The Information was as followeth OCcurrences that I learned for truth the time of my Bondage Mr. Wishert's Information that Cardinal Richlieu somented the Irish Rebellion First by Mr. Thomas Flemyng Father-in-Law to the Lord Inchekilling and divers others in the Camp That General O Neil with the Rebels had sent one Christopher Ultache a Frier to the Cardinal Richelieu whom he detained five Weeks till he should see further of their Success then they sent another Frier called Newgent with whom they sent the true Relation of all their proceedings whereupon the Cardinal hath assured to send them 16000 Sute of Arms for Foot and 6000 for Horse to Dunkirk and from thence to be sent to Wexford there to be received by the O Tooles Bearns and the Mac Farralds and if they could not land there to land at Carlingford to be received by the Mac Gennis'es and Mac Carties As also that Con Oghe O Neil the Lawful Heir of the House of Tyrone with Colonel Preston Vncle to the Viscount Gormanstown are in West Flanders and have written to all the Irish in the Spanish Service the Emperor's Service or elsewhere and they are to meet them at Dunkirk and so to come from thence with all the Provisions they can make That Tredagh is of such Consequence that the Rebels Esteemed it of Inestimable Value in regard of the Strength thereof the Ammunition of Ponder Ball Cannon and other things therein and of the near Situation thereof to Dublin the Rebels assured themselves of the Kingdom if they had it and Dublin were not able to resist them John Wishert To his Trusty and Well beloved Mr. John Pym. Upon the 16th of November the Parliament met at Dublin where little was done more than the making this ensuing Protestation The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled WHereas the Happy and Peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons The Protestation and Declaration of the Irish Parliament against the Rebellion ill-affected to the Peace and Tâ—anquillity thereof who contrary to their Duty and Loyalty to his Majesty and against the Laws of God and the Fundamental Laws of this Realm have Trayterously and Rebelliously raised Arms seised upon his Majesties Forts and Castles and dispossessed many of his Faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other Cruel and Inhumane Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament assembled being justly moved with a right Sense of the said Disloyal and Rebellious Proceedings and Actions of the Persons aforesaid do hereby Protest and Declare That the said Lords and Commons from their Hearts do detest and abhor the said Abominable Actions and that they shall and will to their uttermost Power maintain the Rights of his Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the persons aforesaid their Abettors Adherents as also against all Forreign Princes Potentates and other persons and attempts whatsoever And in case the persons aforesaid do not repent of their aforesaid Actions and lay down Arms and become humble Suitors to his Majesty for Grace and Mercy in such convenient time and in such Manner and Form as by his Majesty or the Chief Governor or Governors and the Council of this Realm shall be set down the said Lords and Commons do further protest and declare That they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the approbation of his Excellent Majesty or of his Majesties chief Governor or Governors of this Kingdom shall be thought most effectual Some overtures of an Accommodation however were made by some of the Rebels as appears by this Letter Addressed to the Lord Dillon Viscount of Costeloe one of the Lords of the Council of Ireland which he presented to the Board upon the 10th of Novemb. 1641. Our very Good Lord. OUR Alliance unto your Lordships Ancestors The Longford Letter to the Lord Viscount Costeloe Nov. 10. 1641. and your self and the Tryaal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our
Violence The Ulster Rebels are grown so strong as they have sufficient Men to leave behind them in the places they have gotten Northward and to lay Siege to some not yet taken as Emiskillin in the County of Fermanagh and Agher in Tirone and yet to come many thousands to besiege Drogheda in view whereof within 3 or 4 Miles they have stood with their Colours flying since Sunday the 21st of November expecting more Forces from Cavan and that way to gird the Town round about They have already taken Mellifont the Lord Moor 's House though with the loss of about 120 Men of theirs and there in cold blood they murdered Ten of those that manfully defended that place We hear also that the whole County of Lowth both Gentry and others are joyned with the Rebels and that the Sheriff and John Bellew Esq is likewise with them this County being one of the five of the English Pale having formerly still been true to the Crown In the County of Meath also being the most considerable of the five all the Common People and many of the younger Sons of the Gentry beyond the River of Boyne Twenty Miles from Dublin do either joyn with the Rebels or otherwise rob and spoil the English Protestants till within Six Miles of Dublin We sent to Drogheda 1100 Foot and 3 Troops of Horse and caused Four other Foot Companies to be raised there and this day we send thither 600 Foot more raw Men and unexperienced and another Troop of Horse And we provide the best we may for the defence of this City yet most of the Men we have are not Trained nor Exercised and many of them are Irish for others we have not and we fear that when we come to blows many of those will forsake their Commanders and side with the Rebels as they have done in the Counties of Cavan and Wickloe where of Companies of 40 Men of our Soldiers not above six or seven stayed on our side but took part with the Enemy Our main indeavour is to preserve this City and Castle for his Majesty The Rebels have now framed an Oath which they Administer to all that joyn with them the Copy whereof you have here inclosed as it was taken out of some Copies scattered abroad for all Mens view To conclude we renew our Suit for our Supplies of 100000 l. in Money 10000 Foot and 1000 Horse in present and Arms and Munition for them and for the Stores and Places of Defence not yet lost and that so much Money Men and Arms as are already gotten may be sent onward and the rest to be sent after and that the third part of the Shot be Callivers and the other two parts bastard Muskets as more suiting with the Service of this Kingdom and if those Supplies be not immediately sent away the Kingdom will be in danger to be lost Extract of a Letter of the said Lords Justices and Council of the 26th of November to the said Lord Lieutenant WE have received information That the Lord Viscount Dillon who Two Months since was admitted to be a Member of this Board and is now imployed by the Lords House of Parliament here to attend his Majesty carries along with him or is to have sent after him some Writing Signed by many Papists of the Nobility and Gentry of this Kingdom which Writing as we are Informed contains a profession of Loyalty to his Majesty and an offer of themselves by their Power to reprieve this Rebellion without Aids of Men from England which if there be any such his Lordship though a Member of this Board hath not Communicated with us the Justices who ought to be made acquainted with what may have Relation to the Safety of the Kingdom But if the Lord Dillon 's Counsel shall tend any way to stay the Succours intended to be sent us out of England or to entertain his Majesty with a belief that those here will raise sufficient Force to reduce this Kingdom we humbly beseech leave to declare our Opinions herein That is that if our expected Succours from England be kept from us undoubtedly the English and Protestants of this whole Kingdom will be either put to the Sword or be forced to forsake the Kingdom and the sole Power and Sway in all Magistracy must necessarily fall into the hands of the Irish which will at their own pleasure shake off the Government of England and set up their Idolatrous Religion and prove the most dangerous Enemies to England We do confide so much in the Wisdom of His Majesty and the Parliament of England and your Lordships prudent Conduct of a matter so highly importing the State as that they will not to save a little charge expose both Kingdoms to such Dangers after the expence of so much English Blood and Treasure as hath been spent to gain this Kingdom nor will the charge be lost in overcoming this Rebellion by the Wisdom and Valour of England when it shall be abundantly recompenced not only in the settlement of a more firm Peace and Safety to England but also in raising a greater and more considerable Revenue here to the Crown then formerly out of the Estates of the Authors of the mischief The Rebels keep from us all Accesses to our Markets to starve us as they say nor can we help it for want of Men to send abroad several ways So it will be absolutely necessary that the Magazine of Victuals on the English Sea-Coasts on this side be fully stored with all speed that Supplies be hastened hither to Dublin A Regiment of a 1000 Men raised in Munster by Colonel Garret Barry for Spain was Commanded to Disband by the Lord President but they continue still as they were increasing in their numbers We have not yet sufficient force to compel them and it is doubted that he expects there some Arms from Foreign Parts so as it appears necessary that the Shipping designed for guarding those Coasts be hastened away speedily Extract of a Letter of the Lords Justices and Council to the Lord Lieutenant Dated the 27th of November 1641. WE hear that some have given out that our Dangers here are not so great as we declare which misinformations if they should gain credit there might cause the lessening or retarding our Supplies which perhaps may be the aim of those that have so misinformed if any can be so wicked and though we hope that such reports cannot be of equal value or estimation with the joynt representations of this State yet we crave leave to declare that the Rebellions are such and so great as we have formerly represented and far more dangerous then Words can express and we affirm That if those Supplyes come not speedily the Danger will be found far more lamentable to both Kingdoms and we beseech that no Credit be given to the contrary The Disturbances are now grown so general that in most Places and even round about this City within 4 Miles of us not the
Moneys by reason of these Troublesome Times but on the receipt of your Secretaries Letter to the Commissary we shall receive the Over-plus of the Monies which was appointed for the Horse which is 240 l. which will help us a little but if there is not some Monies now on the Way for us I doubt the Soldiers will disband suddenly I shall beseech your Lordship to put the Irish Committee in mind of their promise for Coats and Caps Shoes and Stockins for the Soldiers it is very needful and will be very advantagious for the Service if the Soldiers have them and by promise from us are expected by the Soldiers The Officers that are wanting at this present of your Lordships Regiment besides those that are wanting with their Companies is Capt. Snelling Lieutenant Palmer Captain Bois 's Lieutenant and Ensign Smith Captain Turvil 's Ensign I understand by my Lord Lisle that one Mr. Morrison is to be your Lordships Ensign who came this day to Chester I shall desire with your Lordships next Commands I may understand what quantity of Ammunition we shall carry from hence with us into Ireland or if we should be stayed here by contrary Wind what Ammunition you will be pleased to allow us weekly for Exercising desiring your Lordships pardon for being so tedious I humbly take my leave Your Lordships most humble Servant to be Commanded George Monck Chester 21 Jan. To his Excellency the Earl of Leicester L. Lieutenant of Ireland these present at Leicester-House in St. Martin's-Fields In this distressed Estate stood the Affairs of these miserable Kingdoms Scotland recovered from those Rebellious Commotions raised by the Presbyterian Faction by Remedies that proved more Fatal to the King then the Disease Ireland all in a Flame and England by the prevalency of the same Faction which had raised the disturbances in Scotland ready to follow their Example and to pursue their Model of Reformation by the same wicked Courses of Religious Dis-obedience and Rebellion in which Condition I must at present leave them till such time as it shall please God to give me ability and opportunity I may after some little necessary Refreshment pursue this Laborious work in perfecting the Remainder of these Historical Collections FINIS A TABLE Of the principal Matters in this Second Volume A. ANswer of the King to the Commons request about his Servants 231. Concerning the Irish Acts 421. About disbanding the Horse 429. To the reasons for staying his Journey to Scotland 434. To the Speech of the Recorder of London 676. To the Petition of both Houses about Guards for the Parliament 685 833. To the Petition of the Aldermen c. at Hampton Court 712. To the Petition accompanying the Remonstrance 744. To the Petition about Breach of Priviledge 762. To the Petition concerning the Kensington business 796. To the Message of the House of Commons for a Guard 803. To the Petition from Buckinghamshire 841. To the Petition of the Lord Mayor c. 842. To the Message concerning the three Bills 848. To the Commons demand of stores 860 To the Message concerning the Bill for Adjournment 877. Alderman Abel a Patentee a Bill Ordered against him 256. Bailed 475. Accompt of the Armies 292 410. Act of State about the Oath in Ireland 79. Act of Parliament for reversing the Attainder of the Earl of Strafford 23. Act of Scotch Parliament part of one making it Treason to Levy Forces without the Kings consent 682. Act of Common-Council of London against Tumults 803. See Bill Adjournment Bill past by both Houses that it be in the power of the Houses respectively 834. The Kings Answer to it 877. Earl of St. Albans his Letter from Ireland concerning Affairs there 686. Aldermen Sheriffs c. of London attend the King at Hampton Court 711. Many of them Knighted 712. America Petition of some Merchants that parts of it be seiz'd 467. Mr. Anderton a Member of the House of Commons receives a Letter about a Plot 836. Anslow a Witness against the Earl of Strafford 60. Answer of the Earl of Strafford to the Articles of Impeachment 20 to 27. To Pym 's Speech against the Preamble of his Answer 39. Of the House of Commons to the Lords Reasons for the Bishops Voting in Parliament 260. Of the Judges to certain Queries about Matters in Parliament 374. Of the Scotch Commissioners to the two Propositions 406. Their Answer about disbanding the Army 412. Of the English Commissioners to the Propositions of the Scots Commissioners 423. Of the Scots Commissioners to the reasons for staying the Kings Journey 435. Of the House of Lords to the Propositions of the Scots Commissioners about difficulty of Marching their Army home 538. Of the House of Lords to a Petition of the Lord Mayor concerning the Londoners denying subjection to the Common Council 460. Of the House of Lords to the House of Commons Propositions concerning Ireland 525. Of the Judges in Ireland to Queries of the Parliament there 575. Of the City of London to the Parliaments desire of lending Money 598 644. Of the Queen concerning Father Philips 605. Of the House of Commons to the House of Lords two Propositions about the Scotch relief of Ireland 771. Of the several Impeached Bishops 797. Of the Lords of the Pale to the Lords Justices 906. Of the same to the Vindication of the severity of Sir Charles Coot 917. Apology of the Lord Digby 863. Apprentices of London their Petition concerning Church Government c. 775. An account of a Tumult of them 805. Nicholas Ardagh a Witness against the Earl of Strafford 70. Argiers a Vote about the Captives there 254. Act for them past 861. Argument of Mr. Lane in behalf of the Earl of Strafford 153. Of Recorder Gardner for the same 156. Of Mr. St. John for the Bill of Attainder 162. Arch-Bishop of Armagh his Testimony in the Case of the Earl of Strafford 83 See Usher Arms search'd for at Lambeth 236. Supplied to the Lords of the English Pâ—â—â— 632. Sent from the Tower for Ireland 710. search for Arms at Mr. Ropers at Eltham 847. At Sir James Hamilton 's Lodgings ibid. At Sir James Hanham 's in Somersetshire 848. At the Lady Rivers and at Oxon 859. Army pretended to be in danger of being seduced 231. Several Lords Examined about it 258. An Account of it 272. Army in Ireland a Report for disbanding it 233. The State of it in the Earl of Strafford 's time 537. State of the same when the Rebellion first broke out 627. Articles of Impeachment against the Earl of Strafford 8. Of further Impeachment against the same 11. Against the Judges 324. Against Sir Robert Berkley 337. Against Lord Chief Baron Davenport 347. Against Baron Trevor 352. Against Baron Weston 356. Against Justice Crawley 362. Against Lord Chief Justice Bramstone 363. Against the Bishop of Ely 398. Against the Lord Chancellor of Ireland c. 570. Against Lord Kimbolton and the five Members 811. Arundel Debate about the
the House of Lords concerning the Earl of Strafford 197. to the Lord Keeper denying to pass a Commission for the Parliaments Commissioners 468. to the Lord Keeper 497. to Mr. Nicholas Shewing his resolution to maintain the Establish'd Religion 683. to both Houses about the Prince 889. Letters by Order of either House of Parliament to Sir Jacob Ashley 228. to the Army 235. to the Lord General 441. 445. 453. to the same concerning Hull 448. to the Sheriffs about Pooll-Money 458. to the Lord Generall about Disbanding 461. to the Lords Justices of Ireland in behalf of Sir George Radcliff 464. to the Commissioners in Scotland 494. to the Lords Justices of Ireland 602. Letters of the Lords Justices of Ireland to the Lord Lieutenant General concerning the Irish Rebellion 514. to the Earl of Ormond to persecute the Rebels 538. to the Lord Keeper and Lord Lieutenant of the great Danger there 624. to the Nobility and Gentry informing the Discovery of the Plot 628. to the Earl of Ormond concerning the same 629. to the Lord Keeper and Lord Lieutenant concerning the condition of the Place 661. to the Parliament about the Dunkirkers 784. to the Privy Council 889. to the House of Commons 892 893. to the Lord Lieutenant 900 901 902 911. to the Speaker of the House of Commons 903. to the Lords of the Pale 906. Letter of the Earl of Strafford to the King desiring him to pass the Bill against himself 190. from Newcastle read in the House of Lords 337. of Mr. Percy to the Earl of Northumberland 286. of Father Philips to Mr. Mountague in France 315. of the Queen of Bohemia of thanks to the Parliament 411. of the Speaker of the House of Lords of Ireland to the House of Lords of England gives offence 417. of the Earl of Holland about Disbanding 457. of the Lord General to the Parliament 469. of the Lord Howard about a Conspiracy in Scotland 488. of Sir William Cole to the Lords Justices just before the Discovery of the Rebellion 519. of the Earl of Strafford concerning the State of the Army in Ireland 537. of Sir Henry Vane to the Lords Justices of Ireland 565. of the Lord Howard to the Lord Keeper 603. 612. those from France and Antwerp stopt 615. of the Earl of St. Albans about Affairs in Ireland 686. of Sir J. Temple concerning the same 7â—1 Letters of a Plot against the House of Commons 836. a conjecture at the Writer 837. Letters to one Mr. Crofts ordered to be opened 847. of Sir Phelim O Neal to Sir William Hamilton 895. of one Roche intercepted 896. of the Inhabitants of Longford to the Lord Dillon 898. of Collonel Monk to the Lord Lieâ—tenant of Ireland 919. Letters from Foraign Parts ordered to be opened 247. 307 523. Licence for Raising men for the Dutch Service 723 724. Lie given to a Peer is a Breach of Priviledge 380. Lilburn Votes in his Favour 211. Bishop of Lincoln gives Offence to the House of Commons 477. List of the Prime Papists desired by the House of Commons to be secured 662. debated by the House of Lords 667. of the principal Irish Rebels 888. Robert and Thomas Little Witnesses for the Earl of Strafford 54. 70. Locumtenens see Custos Regni Sir Adam Loftus a Witness in the Earl of Strafford 's Case 58 61 78. Bishop of London a Witness in the Case of the Earl of Strafford 82. released of Tenths upon the Poll-Bill 780. Londoners Petition against the Earl of Strafford 160. mov'd to lend Money 236. 407. 411. 595. 597. their Controversie with the Lord Mayor about the Election of a Sheriff 318 319. 407. 409. referred 413. 445. determin'd pro hac vice 456. are Mutinous 459. Petition for a Fast 463. and against Bishops Votes c. 733. and for displacing Collonel Lunsford Lieutenant of the Tower 773. Londonderry in Ireland Votes about it 461. Justice Long sent to the Tower for placing a Guard about the Parliament House without their knowledge 732. released 772. William Long a Witness against the Earl of Strafford 54. Longford the Inhabitants there their Letter to the Lord Dillon 898. Lords-day Idoliz'd by the House of Commons 325. 436. 777. Lords House Interpreters of Acts of Parliament in Parliament time 625. Lords sent for by the King not permitted to go by the House of Lords 836. Lorky a Witness against the Earl of Strafford 74. Roger Lott a Witness against the Earl of Strafford 59. Sir Gerard Lowther Articles against him 570. Sir Thomas Lucas a Witness in the Case of the Earl of Strafford 86. M. LOrd Macguire 's Relation of the Irish Rebellion 543. Mac-Mahon his Examination and Confession about the Irish Rebellion 521. Managers of the Cause against the Earl of Strafford 29. deny reasonable time for answer 40. 54. 81. 100. Earl of Manchester 's Manuscript Memoires cited 206 209 272. 427 689. Manifesto of the King about the Palatinate 383. Sir Philip Manwaring a Witness for the Earl of Strafford 78 81. Marches of Wales a Bill about them 394. Mariners a Bill for raising them 236 237. 243. Marshal Ordered to Preach before the House of Commons on the Thanksgiving-day 467. and on the Fast-day for Ireland 756. receives the thanks of the House and a Piece of Plate of 20 l. 775. Maynard appointed a Manager of Evidence against the Earl of Strafford 29. his Speech against the Earl of Strafford upon the first Article 48. one of the Commission to expedite the Charge against the Arch Bishop of Canterbury 265. Lord Mayor of London quells a Tumult about the Spanish Ambassadors House 187. his with the Aldermens c. Petition to the King about his going to the House of Commons 841. Maxwel a Witness against the Earl of Strafford 78. his rudeness why not taken notice of by the House of Commons 195. searches for Priests 651. Bishop of Meath an Account of him 535. Memoirs of the Earl of Manchester cited 206 209 272 427. 689. Memorial of the Venetian Ambassador about breaking open his Pacquet 640. Memorials from the Scotch Commissioners 440. Mr. Audly Mervin 's Speech at exhibiting Articles against Sir Richard Bolton 566. Message of the King to the House of Commons concerning the Tumults disregarded 189. to the House of Lords concerning the same 210. to the House of Commons concerning the Lord Cottington 236. to the House of Lords concerning Disbanding the Army 314 318. to the House of Commons about the Queen Mother 329. to the same concerning the Officers of Star-Chamber 368. and about a Priest of the Venetian Ambassador 394. to the House of Lords concerning Commissions 410. to the same about Soldiers for the Spanish Ambassador 457. to the same concerning Guards 684. to both Houses about the Scots Commissioners and some Priests interceded for by the French Ambassador 719 731. to the House of Lords concerning Voluntiers for Ireland 787 789. to the Lord Major c. of London to suppress Tumults 804. to the House of
House of Commons by whom the rest might the better be guided Mr. Secretary Windebank said He feared the House would first be Answered of their Grievances and Voted for a Breach of the Parliament Mr. Secretary Vane in opposite terms said That there was no hope that they would give the King a Penny and therefore absolutely Voted for a Breach And the Earl of Strafford conceiving His Majesties Pleasure to have accepted Eight Subsidies had been delivered to the House of Commons by Mr. Secretary Vane did in His Majesties turn deliver his Vote for Breach of the Parliament which otherwise he would not have done it being contrary to what he Resolved when he came thither and like Opinion was delivered by the rest of the Lords being about twenty except two or three at the most The Parliament being Dissolved His Majesty desired Advice of His Council How money might be raised affirming That the Scotch Army was ready to enter into the Kingdom The said Earl in presence of others in the Council delivered his Opinion That in a Case of absolute and unavoidable necessity which neither would nor could be prevented by ordinary remedies provided by the Laws nor all His Majesties other means sufficient to defend the Common-wealth Himself or their Lives and Estates from an Enemy without force of Arms either actually entred or daily expected to Invade the Realm He conceived that His Majesty was absolved from ordinary Rules and might use in as moderate a way the necessity of the Cause would permit all ways and means for defence of Himself and Kingdom for that he conceived in such extremity Salus Populi was Suprema Lex provided it were not colourable nor any thing demanded imployed to other use nor drawn into Example when Law and Justice might take place and that when Peace was settled Reparation was to be given to particular men otherwise it would be unjust This was not officiously declared but in Council forced by the duty of the Oath of a Counsellor which is that he shall in all things to be moved treated and debated in Council faithfully and truly declare his Mind and Opinion according to his Heart and Conscience which Oath the said Earl took and humbly prays their Lordships Consideration thereof He denieth the words in the Article or any words to the intent thereby expressed To the 24th he saith He delivered his Opinion with such Cautions and Restrictions as in the Answer to the Precedent Article and is well assured his Discourse at all times hath been without ill Intentions to either of the Houses of Parliament which he ever did and shall think and speak of with all Reverence He denies that he knew of the Publishing or Printing of the Book nor who caused it to be Printed or Published for at that time he was sick in his Bed more like to die than to live To the 25th he saith Ship-Money was levied and adjudged to be due before his coming over Sheriffs were then called up as before and not otherwise If any were sued in Star-Chamber it was without any particular indeavour of his It appearing at the Board That the Mayor and Sheriffs of London had been slow in Collecting Ship-Money he said They were but Ministerial and ought to Exact and not dispute the King's Writs and that if through their remisness the King should be less able to provide for the Publick Safety when any Forreign Army was ready to enter the Kingdom they might deserve to be Fined and Ransomed which he spake more to hasten them than of purpose to advise any such Prosecution but denies the other words being under favour such Expressions as he is not accustomed unto To the 26th he saith He advised not either of those Projects being then sick in Bed but it being debated at the Council-Table Whether it were better for the King to raise Gold and Silver or Coin base Money He for the Reasons then given delivered his Opinion for the latter Sundry Merchants Adventurers coming to his house desired him to move His Majesty then at Oatlands to Release the Bullion or Money he told them He knew of no such thing and would not meddle with it nor would his Health permit him to go abroad and said That if their denying the King in such a Publick Danger the Loan of 100000 l. upon good Security the King were constrained for the Preservation of the Land to stay the Bullion they might thank themselves and the City receiving so great a benefit by Residing amongst them they made but an unthankful acknowledgment in such a Straight to refuse the Loan of that Sum. The Officers of the Mint came to the Council-Board and the Earl then shewed a Letter he received from the Earl of Leicester wherein was related That the Cardinal had appointed Commissioners to go into the Merchants houses at Paris to peruse their Shop-Books and Accompts and to Cess every man according to his Ability towards the payment of the King's Army and then said That it was but just for Us here in England to bless God for being under a King which could not think upon such a Pressing upon the People But the words in the Article or words to any such intent he did not speak and cannot sufficiently bemoan himself to have been in all his words so ill understood or so untruly Reported as he hath been To the 27th he saith He perswaded the Gentry of that Country to allow the Trained-Band a months Pay which they yielded and His Majesty graciously accepted It was by Council of War His Majesty being present thought fit the Trained-Bands should return save the two Regiments under the Command of Sir William Pennyman and Sir Thomas Danby It was assented unto by His Majesty and the great Councel of the Peers then Assembled That those spared should Contribute and the said Earl was Commanded by them to see it done which was done accordingly by Warrants from him and from his Deputy-Lieutenants which was much less Charge to the Countries than otherwise and denies the other particular in the Article mentioned To the 28th he saith He was Lieutenant-General to the Earl of Northumberland about the 24th of August of 10 or 12000 Foot and 2000 Horse being at New-Castle under the Command of the Lord Conway and Sir Jacob Ashley and the rest of the Army at York the said Earl went from London and the 26th of August notwithstanding his extream weakness and came to York and having received a Letter from Sir Jacob Ashley that New-Castle was Fortified and that they must be Infamous Beasts to lose it and that it was fully Secured and being acquainted with several Dispatches sent by Mr. Secretary Vane by His Majesties Directions to the Lord Conway General of the Horse to oppose the Passage of the Scots over the River of Tyne the one dated 22. Augusti the other 23. Augusti another 24. Augusti another 26. Augusti the substance of which Letters are particularly mentioned in the
Members and Assistants of this House as they shall nominate may be Examined Whereupon it was Ordered That this House will joyn with the House of Commons in this Message Ordered That the same deputed Lords do take the Examination of Witnesses upon Oath in the Cause concerning the Arch-Bishop of Canterbury as were deputed in the Earl of Strafford 's and the same Oath to be Administred and the same Course to be observed in the rest of the Particulars Ordered That the now Earl of Bedford shall be added to the Deputed Lords in his Father's room and Mr. Attorney General and Mr. Serjeant Glanvile are appointed to write down the Examinations This afternoon A standing Order of the House it being a considerable time before there were Forty Members to make a House it was Ordered That so soon as the House Sits and that the Serjeant comes to any Committee then Sitting to signifie to them that the House is Sitting that the Chair-man shall immediately come away to attend the Service of the House Ordered That the Committee for the Bishop of Bath and Wells sit to morrow in the Afternoon at Two of the Clock in the Dutchy Chamber The Case of one Mr. Smith a Minister Votes in the Case of Mr. Smith a suspended Minister formerly suspended by Sir John Lamb being reported to the House it was Resolved c. That Mr. Smith was illegally suspended by Sir John Lamb and that Sir John Lamb ought to give him reparation and satisfaction for his damages sustain'd by that Suspension Mr. Hide reports the Articles against Sir John Bramston Knight Mr. Hide Reports the Articles against Lord Chief Justice Bramston The Controversy between the Lord Major and Commonalty of London about Election of one Sheriff heard Lord Chief Justice of the King's-Bench All which being singly Voted together with the Title were ordered to be ingrossed in order to their being carried up to the Lords Upon the opening of the Cause between the Lord Mayor and Aldermen and the Commonalty of London concerning the Election of one of the Sheriffs which formerly hath been chosen by the Lord Mayor and presented to the Commonalty on Midsummer-day for their Confirmation and likewise the differences concerning the Nomination and Election of other Officers now in question between the said Lord Mayor and the Commonalty the Lord Mayor alledging the said Sheriff and Officers to be Nominated and Confirmed by him according to the constant practice of the said City for 300 years last past without any contradiction or gain-saying But the Commonalty alledging on the behalf of the Commons that they had interest in the said Nomination and Elections It was thereupon Ordered by the Lords in Parliament That the said Lord Mayor shall call a Common-Hall on Friday 2 July 1641. Which Common-Hall is to consist of the Masters and Wardens and Livery-men of the several Companies of London and no other And that the Commonalty are then to Assemble in a peaceable and quiet manner to settle and compose the Dfferences between the said Lord Mayor and themselves if they can if not then to make choice of Six discreet persons of the said Commonalty to treat and debate this business between them and settle and compose all differences among themselves between this and Friday come seven-night being the Ninth of July 1641. But in case the said Differences cannot be composed then the pleasure of the House is that the said Cause shall be heard in open House at the Bar on the said Ninth of July And that in the mean time the said Persons so chosen as aforesaid shall have free liberty by themselves their Council and others that they shall employ to View and Transcribe such and so much of the Charters of the said City Acts of Common Council Books of Entries of Elections and Accompts and all such other Acts and Records as shall or may concernt the said Causes in Question and that all Clerks and others in whose Custody the said Instruments are shall be assisting to the said Searchers And lastly that if the Cause shall come before the Lords in Parliament that then the said six Persons so chosen as aforesaid shall attend the same before their Lordships Thus Early did the Faction grasp at every thing of Power and Authority and the Common-Halls indeavouring to divert the Lord Mayor of his Priviledges was but a fore-runner that the House of Commons would do the same and set up the Popular Authority above that of their Soveraign Lord the King of whom the Lord Mayor was the immediate Representative Then the Earl of Bristol Reported to the House The Earl of Bristol's Report of the Scots Commissioners Answer about the staying the Kings Journey June 29. 1641. That the Lords Commissioners had met with the Commissioners of Scotland and delivered unto them the Paper concerning the time of his Majesties Journey into Scotland Which was read in haec verba Viz. His Majesty hath Commanded us to let you know That whereas he hath been Petitioned by both Houses of Parliament for some stay of his Journey to Scotland until the Armies be Disbanded and that divers other things for the Peace and Good of this Kingdom be setled And whereas his Majesty doth acknowledg himself ingaged by his Promise and by his Letters as likewise by his late Proclamation declaring his Resolution to be present at the Holding of the Parliament in Scotland at the day in the Proclamation limited his Majesty being desirous to give Satisfaction to the Parliaments of both Kingdoms hath Commanded Us to declare unto you the Desire of the Parliament of England and to Treat with you how his Going may be best Fitted and Accommodated to the Convenience of both Kingdoms and the Desire of both Parliaments Then was read the Scottish Commissioners Answer hereunto which follows We do with all Thankfulness acknowledg his Majesties Royal and Tender Care of Settling the Affairs of his Ancient and Native Kingdome of Scotland and the Constancy of his Resolution according to his Royal Promise and Proclamation to be present at the Day appointed Our Affection also toward the Settling of the Affairs of England and the Desires of the Houses of Parliament that his Majesties Journey to Scotland may be stayed for some time to that Effect do so far prevail with us that we shall deal most Earnestly with the Parliament of Scotland That they Adjourn their Meeting till the 5th of August or if they shall find that a new Adjournment of the Parliament after so many Prorogations be so prejudicial to the present Condition of the Affairs of that Kingdom that it cannot be granted We will Endeavour That they may in their Meetings be only Exercised in preparing Matters for the Parliament and that they determine nothing nor make any Act till the day Designed for his Majesties coming But withall we must signifie That the present Constitution of that Kingdom for want of Councel Session and other Courts of
Justice and many other Difficulties daily through delayes growing Greater is such that it cannot suffer longer delay And therefore that the Houses of Parliament would be pleased so far to Express their Reciprocal respect of our Affairs that they will give present Assent to his Majesties Coming in his Royal Person at the day aforesaid without which we can have no ground to deal with the Parliament to the Effect above Adam Blaire Which Answer their Lordships taking into Consideration the House did incline that the King should go his Journey to Scotland at the prefixed time Provided that the Armies be Disbanded and the Bills pass which are ready and will be ready for Settling the Peace and Security of this Kingdom before that time And upon signification that his Majesty Commanded the abovesaid Answer to be Communicated to both Houses of Parliament it was Resolved to have a Conference with the Commons Which being done accordingly a Message was brought from the House of Commons by Mr Secretary Vane to let them know That upon the Report made to the House of Commons concerning the time of the King's Journey to Scotland they have taken the same into Consideration and they desire in Regard of the Weighty Affairs of the Kingdom at this time that their Lordships would joyn with them in Petitioning his Majesty That he would be pleased not to begin his Journey to Scotland from hence untill the 10th of August next To which their Lordships Answer That their Lordships will Joyn with the House of Commons in their Desires and will appoint some Lords to Attend his Majesty for his Answer herein And the Earl of Essex Earl of Warwick and Earl of Bristol were appointed to move the King herein for his Answer The Earl of Bristol returned with this Answer from his Majesty That he is ingaged by Promise to be in Scotland by a peremptory Day but if the Lords Commissioners do Treat with the Scots Commissioners for further Time for his Journey and they Consent thereunto his Majesty will refer himself to it Upon this the Lords Commissioners were appointed presently to meet with the Scots Commissioners and move them herein and it was returned That the Scots Commissioners hope the Parliament of Scotland will give way for deferring the King's Journey until the Tenth of August but desire the Houses of Parliament will declare whether they Consent to the King 's going then or what other certain time the Parliament will agree to And after a Conference with the Commons upon this Subject the Earl of Bristol reported That the House of Commons by way of Answer to the Conference do present a Vote which was passed in their House which was read as followeth Resolved upon the Question That this Answer shall be returned to the Lords To desire their Lordships to joyn with this House to Petition his Majesty that he will be pleased to stay his Journey into Scotland until the 10th of August and that if then he shall please to take his Journey this House shall Submit unto it Hereupon it was Ordered That this House doth Assent to the Vote of the House of Commons Upon the Petition of one Mr. Cradock it was Ordered Committee for Scandalous Ministers revived That the Committee for Scandalous Ministers should be revived to Sit on Friday and the Petition was referred to them Upon Reading the Petition of the Parson and some of the Inhabitants of the Parish of St. Thomas Apostles in London A Petition against several Sectaries for pulling down Rails at St. Thomas Apostles London complaining that John Blackwel Francis Web Thomas Colley Michael Robinson Zacheus Isles George Dye and John Roberts did in a violent manner break down and carry away the Rails about the Communion-Table in the said Church Hereupon it was Ordered That the Parties aforesaid be sent for to Answer these misdemeanours on Friday next So hot were these Zealots for this pretended Reformation that the late Sentence of the Lords against some of their Brethren in Iniquity was not able to cool it But the truth is they were not only backed but set on by some sticklers in the House of Commons who had a design against these Superstitious and Idolatrous Rails and thought it a good expedient to usher it in by shewing how grateful a piece of Reformation it would be to the Godly and well-affected Party The Bill for the Poll-mony was this day read in the House of Lords and upon some dislike about the inequality of the Rates Wednesday June 30. the Bishops pleading their inability to pay their First-fruits Tenths Subsidies and that too a Conference was desired by the House of Lords with the Commons at which Conference the Lords delivered the Bill back to have some Clauses inserted therein desiring that they might Rate their own Members as the Commons did theirs But the Commons insisted upon it to be the undoubted Priviledge of the House of Commons to impose Taxes upon which occasion Sir Simon D'Ewes made this following Discourse to their Lordships My Lords I Shall humbly crave liberty to shew you Sir Simon D'Ewes his Speech about the Poll-Bill at a Conference June 30. 1641. that the House of Commons hath done no more in rating and proportioning of these particular Summs upon your Lordships then by the Ancient rights and priviledges of Parliament they might and to speak the truth they could in possibility do no less It hath been several times spoken in this place no less justly then nobly by some of your Lordships that all matters of supply should originally proceed from the House of Commons for so hath been the practice of former times in the ages past In the Parliament Roll month July 1641. de Anno 9. H. 4. Numero 21. when the Peers began but in a small circumstance to trench upon this priviledge of the Commons there arose a long and an earnest debate upon it the issue of which produced a full declaration agreed upon by both Houses That matter of supply must first proceed from the grant of the Commons and then be assented unto by the Lords so as if we had sent up the present Bill either with blanks for your Lordships to have filled them up or have left you out wholly to have inserted your own degrees and proportions one of which we must have done if we had not proceeded as we did it must of necessity have followed that your Lordships contrary to the undoubted priviledge of the same House had originally granted aid and subsidy and the Commons had but assented Before that time though not upon so great an occasion it was declared in Parliament as appears in Rotulo Parliamenti de Anno 5. R. 2. n. 16. That the House of Commons are first to treat of matter of supply to resolve upon it and then to communicate thir resolutions to the Peers Now my Lords our resolutions are most properly couched in a Bill so as we did transmit the present Grant
and Commons Is not this an offence punishable out of Parliament Answer We conceive this also to be an Offence punishable out of Parliament Quere VII If Two or Three or more of the Parliament shall Conspire to defame the King's Government and to deter his Subjects from Obeying or Assisting the King Of what nature this Offence is Answer The Nature and Quality of this Offence will be greater or lesser as the Circumstances shall fall out upon the Truth of the Fact Quere VIII Can any Priviledge of the House Warrant a Tumultuous Proceeding Answer We humbly conceive That an earnest though a disorderly and confused proceeding in such a Multitude may be called Tumultuous and yet the Priviledge of the House may Warrant it We in all humbleness are willing to satisfie Your Majesties Command but until the Particulars of the Fact do appear we can give no directer Answers then before And particularly as to the Second Quere about the King's Power of Adjourning as well as Calling and Dissolving of Parliaments these following Parliamentary Precedents were given in Mercur. 4. Aprilis 1. Jac. Sess 1. Mr. Speaker pronounceth His Majesties Pleasure of Adjourning the House till 11th Parliamentary Presidents about Adjournments by the King of April and it was so done Jovis 18. Dec. 1606. The Lords by their Messengers signified the King's Pleasure that the Session should be Adjourned till the 10th of February following Upon this Message Mr. Speaker Adjourned the House according to His Majesties said Pleasure Martis 31. Martii 1607. The Speaker delivered the King's Pleasure that the House should be A journned till Munday 20. April following Mercurii 20. Maii 1607. Mr. Speaker signified the King's Pleasure about Nine a Clock to Adjourn the House till the 27th of the same Month. And 27th of May he being Challenged for Adjourning without the Privity of the House he excuseth it and saith as the House had power to Adjourn themselves so the King had a Superior Power and by His Command he did it Veneris 30 Martii 1610. His Majestie 's Pleasure to Adjourn from Tuesday till Munday Sevenight 11. July The King by Commission Adjourneth the Lords House Messengers sent to the Commons They send by Messengers of their own to the Lords that they use to Adjourn themselves The Commission is sent down Mr. Speaker Adjourneth the House till the first of August 26. Febr. 4. Car. Mr. Speaker signifieth His Majestie 's Pleasure that the House be presently Adjourned till Munday next and in the mean time all Committees and other proceedings to cease And thereupon Mr. Speaker in the Name of the House Adjourned the same accordingly And for a short Account of this Affair take this out of Crook's Reports Cro. 3. Part The King versus Sir John Elliot Denzill Hollis and Benjamin Valentine fol. 181. Hill Term. 5 Car. AN Information was exhibited against Sir John Elliot Sir John Elliot's Case c. about the business 3 Car. out of Crook's Reports Denzil Hollis and Benjamin Valentine by the Attorney General c. To which the Defendants appearing pleaded to the Jurisdiction of the Court That the Court ought not to have Conusance thereof because it is for Offences done in Parliament and ought to be there Examined and Punished and not elsewhere It was thereupon demurred and after Argument adjudged That they ought to Answer for the Charge is for Conspiracy Seditious Acts and Practices to stop the Adjournment of Parliament which may be examined out of Parliament being Seditious and Unlawful Acts and this Court may take Conusance and punish them Afterwards divers Rules being given to Plead and they refusing Judgment was given against them viz. Against Sir John Elliot that he should be committed to the Tower and should pay Two Thousand Pounds Fine and upon his Inlargement should find Sureties for his Good Behavior And against Hollis That he should pay a Thousand Marks and should be Imprisoned and find Sureties c. And against Valentine That he should pay Five Hundred Pound Fine be Imprisoned and find Sureties Note That afterward in the Parliament 17 Car. It was resolved by the House of Commons That they should have Recompence for their Damages Losses Imprisonments and Sufferings sustained for the Services of the Common-Wealth in Parliament of 3 Car. Note In the Session of Parliament Anno 19 20 Car. 2. a Motion was made by a Commoner to have this and some other like Resolutions expunged out of our Law-Books that Students might not be poysoned therewith and a Committee was accordingly appointed to inspect them And accordingly upon Report made by Mr. Vaughan from the Committee about freedom of Speech in Parliament it was Resolved among other Votes That the Judgment given 5 Car. against Sir John Elliot c. in the Kings-Bench is an Illegal Judgment and against the Freedom and Priviledg of Parliament The Concurrence of the Lords was desired and their Lordships Concurred with the Commoners Upon the Petition of Commissary Wilmot and Colonel Ashburnham Commissary Wilmot and Colonel â—shburnham Bailed it was Resolved c. That Commissary Wilmot and Colonel Ashburnham shall be bailed in the same manner that Captain Pollard was Resolved c. That a Warrant shall issue under Mr. Speaker's hand to the Lieutenant of the Tower to deliver them into the Serjeant's hand It was further Ordered That Colonel Goring Commissary Wilmot and Colonel Ashburnham shall not offer any violence one to another Colonel Goring being present in the House promised to observe the Injunction and Commissary Wilmot and Colonel Ashburnham were ordered to give satisfaction to the House under their hands that they will observe this Command of the House Upon his Petition it was likewise Ordered That Mr. Mr. William Davenant Bailed William Davenant should be bailed upon such Security as the House shall allow of Dudley Smith Esq and William Champneys Esq Sewers to the King were also admitted to Bail 2000 l. the Principals and 1000 l. the Sureties William Williams was this day called in to Answer the Breach of Priviledge committed in entring upon the Freehold of the Lord Bishop of Lincoln Breach of Priviledge and disquieting the possession of his Lordships Lands in Carnarvan-shire The said Williams consess'd he had entred upon the Lands of the Lord Bishop of Lincoln at May last was Twelve Months The House thought fit to Release him upon Bail Then Johannes Maynard Mil ' Balniae Single Bail taken in the Lords House Recogn ' se debere Domino Regi ducent ' libras levari ad usum Domini Regis ex Terris Tenementis Catallis The Condition of the abovesaid Recognizance is That if William Williams shall appear before the Lords in Parliament and abide the Order of Parliament then this Recognizance is void or else it is to remain in full Power and Force This day there was a Conference between the Lords and Commons concerning the Case of the Palatinate and the King 's Manifesto