between the Chair of State and the Lord Keeper's Woolsack and the House of Commons with their Speaker being come up the Clerk of the Parliament delivered the Commission whereunto the Bills were annexed upon his knee Then the Lord Privy-Seal declared to both Houses that his Majesty had an intent to have come himself this Day to have given his Royal Assent to these two Bills but some important Occasions had prevented him and so his Majesty had granted a Commission for giving the Royal Assent which was delivered to the Clerk of the Parliament who carried it to his Table and read it this being done the Clerk of the Crown read the Titles of the Bills and the Clerk of the Parliament pronounced the Royal Assent to them both severally The Bill of Attainder was as follows WHereas the Knights Citizens The Bill of Attainder against the Earl of Strafford passed May the 10th and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-Treason for endeavouring to subvert the ancient and Fundamental Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own Authority commanded the laying and asseising of Soldiers upon his Majesties Subjects in Ireland against their consents to compel them to obey his unlawful Commands and Orders made upon Paper-Petitions in causes between Party and Party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his liege people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of High-Treason And the said Earl hath been also an incendiary of the Wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of High-Treason and shall suffer such pain of Death and incur the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Justices whatsoever shall adjudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politick and corporal their Heirs and Successors others than the said Earl and his Heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties Assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matter whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance until the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The Earl understanding that the Bill was passed did humbly Petition the House as follows SEeing it is the good Will and Pleasure of God The Earl of Strafford's Petition to the House of Peers that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature he shall in all Christian Patience and Charity conform and submit himself to your Justice in a comfortable assurance of the great hope laid up for us in the Mercy and Merits of our Saviour blessed for ever only he humbly craves to return your Lordships most humble thanks for your Noble Compassion towards those innocent Children whom now with his last blessing he must commit to the protection of Almighty God beseeching your Lordships to finish his Pious intention towards them and desiring that the Reward thereof may be fulfilled in you by him that is able to give above all that we are able ask or think wherein I trust the Honourable House of Commons will afford their Christian Assistance And so beseeching your Lordships charitably to forgive all his Omissions and infirmities he doth very heartily and truely recommend your Lordships to the Mercies of our Heavenly Father and that for his goodness he may perfect you in every good work Amen The next day being Tuesday May 11. Tuesday May 11. the King sent this Passionate Letter to the Lords in behalf of the Earl My Lords I Did yesterday satisfie the Justice of the Kingdom The Kings Letter to the Lords concerning the E. of Strafford by passing the Bill of Attainder against the Earl of Strafford but Mercy being as inherent and inseperable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate Man to fulfil the Natural Course of his Life in a Close Imprisonment Yet so if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his Life without further Process This if it may be done without the Discontentment of my People will be an unspeakable contentment to me to which end as in the first place I by this Letter do earnestly desire your Approbation and to endear it more have chosen him to carry it that of all your House is most dear to me So I desire that by a Conference you will endeavour to give the House of Commons Contentment assuring you that the Exercise of Mercy is no more pleasing to me than to see
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
Readiness though at the same time the Parliament had sent Orders to him by Commissioners authorized under the Great Seal according to the King's Directions to apprehend him but he pretended the Orders came not time enough And at the same time he took an Oath which was administred by the King's Authority under the Great Seal to be True and Faithful to the King and Parliament and keep the Town of Portsmouth for their Use and not to deliver it but by both their Consents The Plot being made known to the House of Commons they resented it as a thing of very dangerous Consequence and found it necessary therefore that Mr. Goring should own the Discovery of the Design and immediately he was sent for by the House of Commons whereof he was a Member and being present there he was commanded to declare his Knowledg of the Design Upon this Command he Expressed himself in these Terms Having been told that there was an Intention to Unite the Forces of our Army and to put them into a Posture of being aâ—â—e if not purpose of being willing to interpose in the Proceedings of â—â—â—nament I hearkened to the Propositions of soliciting a Redress for the Miseries of the Souldiery being the first step to this in respect of the present Necessities of it not any future consequence of trouble to those that were to procure our Relief But lest the manner of asking this or the Effect of it being obtained might be less just than the thing it self which was desired and I might be involved in their Crime that had further Ends perhaps than merely the Redress of our Armies Grievances I thought it not amiss to take some Witness of my Integrity along with me and spake to a Noble Lord the very same Day when I assured him there were some Officers of the Army that were least thought on that had not the greatest Zeal to the Proceedings of this House and I thought there would be an occasion to let him know more of it within few Days After this Mr. Jermin and I being admitted into a Consultation where we were tied to Secrecy by an Oath in the Company of those Gentlemen I have named in my Depositions where their purpose was declared to us in some Propositions which were to this Effect First putting the Army into a Posture to serve the King Secondly Tendring a Declaration to the Parliament containing That no Act of Parliament should be made contrary to any former Act which was Expressed That Episcopacy should be kept up as it is now Thirdly That the King's Revenue should be Established This I thought unlawful for our undertakings since they intended to interpose in the Determinations of this House and it belongs to an Army to maintain not to contrive the Acts of State I objected therefore against their Propositions and more the Follies and Difficulties than the irregularities of them not only because I thought Reason a greater Argument with them than Conscience but because I was so unhappy of the two to be thought a worse Common-wealths-man than a Souldier and in that quality could procure most Credit for my words I endeavoured to shew them that as the Design would be impious if the most desperate Counsels had been followed so it would have been the weakest that ever was undertaken if they were omitted And whereas I am said to have a part in this Violent Councel till the day before this Meeting I never heard word of it and knew not when I came to the Room whether theirs were not the same with the other This they may witness for me and that I declared I would have to do with neither and that I expressed contempt of our meeting in that manner But I rely upon the Testimony of some Noble Lords of his Majesties Council and others how I protested against all those violent Councels even in the Birth of them and with what Piety I looked towards the Person of his Majesty and the whole Kingdom in this Business I appeal also to them and some Members of this House what my Carriage was towards these Gentlemen that were imbarqued in these Undertakings intending rather to prevent a mischief by abandoning their Councels than to ruin them by disclosing them But mistake me not for had I known of any former Plot proceeded in that could indanger or disturb the Quiet of his Majesty or the Peace of the Kingdom I should not have been contented with declaring mine own Innocency nor have stayed till the Commands of this House or an Oath Extorted from me a discovery but by a hasty open Declaration have broke the Laws of Amity and Friendship and all former Tyes to the present Duty of a Subject and as freely Exposed the Knowledg of all to the View of the World as I have been tender in publishing these Purposes even to my nearest Friends which had weight enough to crush nothing but the Undertakers of it And certainly if they had stayed where I left them there was no Conclusion at all It appears there were two several Intentions digested by others before they were communicated to me and I know not whether my hearkening to them was a fault but I am sure it was no misfortune By what hath been related Thursday June 10. The L. Digby Expelled the House of Commons but made a Baron the Reader will Easily perceive for what Reason my Lord Digby thought himself Obliged to speak so sharply against Colonel Goring as by his own Confession guilty of a Wilful Perjury as Entring into the Oath of Secrecy purposely with an Intention to discover the Confederacy But all this would not Satisfie the Faction who had entertained a mortal displeasure against him for his Apostacy as they called it in declaring so frankly his Opinion against the Bill of Attainder against the Earl of Strafford for though their Resentments slept some time it was only to gain a fit opportunity to discover their Revenge to purpose and therefore laying hold of these Expressions against Colonel Goring he was this Day by Vote Expelled the House as unworthy to continue any longer a Member of it and Mr. Speaker was Ordered to give Directions to the Clerk of the Crown to issue out a Writ for a new Election in his Place But this was only to shew their Revenge for this very day he was introducted with the Usual Ceremony into the House of Lords and placed next below the Lord Brook his Writ being dated the 9th of June 17 Caroli Regis And immediately upon this it was Ordered That the Lord Digby be added to all the standing Committees The Names of the Persons complained of Yesterday for Disorders in the Church were this day given in to the House of Lords The Names of those that committed the Disorder at the Communion and the Lords Order about it Those that pulled down the Rails about the Communion Table in St. Saviour's Church in Southwark were William Smister William Shepheard Toby Grotwick Hugh
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
a Conference by the Earl of Bath to the Commons THese are to signifie to this House That whereas He sent an Answer this day to both Houses concerning the Third Head lest there should be any mistake upon the word Slander His Majesty declares he did not mean all of either House of Parliament or any Members thereof Upon the Reading of the Petition of the Arch-Bishop of Canterbury concerning his payment of Poll-mony It was Ordered Order of the Lords about the Arch-Bishops paying Poll-Money To be left to be paid according to the Act of Parliament The House for freer Debate was put into a Committee to consider of the Court of York and to give judgment herein and after much Debate the House was reassumed and it was Resolved upon the Question by the Major Part Resolves of the Lords concerning the Court at York That the Commission and Instructions whereby the President and Council of the North exercise a Jurisdiction is Illegal both in the Creation and Execution Resolved c. That this Commission and Instructions is unprofitable to His Majesty Resolved upon the Question Nemine Contradicente That this Commission and Instructions is inconvenient and grievous to His Majesties Subjects of those Parts Resolved upon the Question Nemine Contradicente That this House doth joyn with the House of Commons in beseeching His Majesty that the Present Commission and Instructions may be revoked and no such granted for the Future MEmorandum A Salvo for the Judges of the Court of York This House doth declare seeing the Commission and Instructions of the Court of York is Illegal in the Creation and Execution that the former Judges in the Court of York who have given Judgement and proceeded as they thought in their Consciences upon True and Legal Grounds shall not be liable to be Questioned but in case of Injustice and that none in that Case shall be barred of their Appeal And if it appear that there is a Necessity for the Ease of that Country to have a Court this House will advise with the House of Commons how one may be Established by Law for the Ease of those Parts And the Earl of Essex Earl of Bristol Viscount Say and Seal Bishop of Lincoln Lord Wharton Lord Kimbolton were appointed to prepare Heads for a Conference with the Commons concerning the aforesaid Particulars that so the Persons that were Judges and the Acts of that Court may have a Saving for them If humane Bodies and Minds are subject to the secret Influences of the Heavenly Bodies certainly England and the rest of the Brittish Dominions were at this time under the Aspects of some Violent and Malignant Configurations and there seemed to be an Universal Inclination in the People every where to Tumults Mutinies Violence and Injustice the Lords House was full of Complaints of the Disorders of this Nature throwing up Inclosures and disturbing the Possessions of others and that not singly but by Multitudes and with such Arms as Rusticks are wont to make Use of upon such Occasions of their Madness And of this the Lords were so sensible that they made this following Order WHereas daily Complaints are made unto this House of violent breaking into Possessions Order of the Lords concerning Violent and Tumultuous breaking into Possessions July 13. 1641. and Inclosures in Riotous and Tumultuous manner in several parts of this Kingdom without any due proceedings by Course of Law to warrant the same which hath been observed to have been more frequently done since this Parliament began then formerly it is thought fit and so Ordered by the Lords in Parliament That no Inclosure or Possession shall be Violently and in a Tumultuous manner disturbed or taken away from any man which was in Possession the first Day of this Parliament or before but by due Course and Form of Law and that such Possessions of all men shall continue and remain unto them as they were on the first Day of this Meeting of Parliament unless it have been or shall be by some Legal way of proceeding in some of His Majesties Courts of Law or Equity or by some Act or Order of the Parliament determined or ordered to the Contrary And in all such Cases where any such unlawful disturbance of the quiet Possession of any man hath happened or shall happen the High Sheriff of the County shall have Power by virtue of this Order together with two of the Justices of the Peace of the said County next or near to the place and such other or others as he or they shall think fit to take with him or them to repair unto the place where such Tumults happen to be and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid and shall see to and cause that the Possession be continued unto the present Owners as aforesaid until by a Legal Course in some Court of Law or Equity or by order of Parliament it be determined or Ordered to the contrary The Lord Bishop of Lincoln Reported Report about the Officers of the Star-Chamber That the Lords Committees appointed to Consider of the Petition of the Officers of the Star-Chamber have fully heard their Cause and they are of Opinion and do not conceive of any fitter way of Relief for these Poor Officers the King's Servants then to remit them to the King's Mercy that His Majesty would be Graciously pleased to allow a Proportionable Relief for these Poor men out of such Fines as may accrue unto His Majesty in the High Court of Parliament to be apportioned by the Lords of the Committees or otherwise as their Lordships shall be pleased to approve thereof and Order it Upon Report this Day made unto the House by the Right Honourable the Lord Seymour that the difference between the Parishioners of St. Report about the Rioters at St. Thomas the Apostle's in pulling down the Rails Thomas the Apostle complained of to the Lords in Parliament was composed by his Lordship to whom the business was referred It is Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled that the said difference together with the Cause depending before their Lordships shall by virtue of this Order be fully ended and determined and Lastly that John Blackwell shall for himself others Petitioned against forthwith pay unto the Overseers of the Poor of that Parish upon sight hereof to the use of the said Poor the full Summ of ten Pounds of Lawful Money of England and hereof they are not to fail as they will answer to the contrary There being a Report spread abroad that His Majesty intended to send the Lord Digby abroad under some honourable Character Tuesday July 13. and as was said Ambassadour into France his Enemies in the House of Commons being extreamly nettled at it were resolved if possible to set a brand of Infamy upon his Lordship and therefore not content to have disgracefully Expelled him
said Propositions and Designs which said Propositions Designs and Consultations the said Henry Wilmot c. did not discover but consented to the same Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal being afterwards Lawfully Examined in Parliament upon their Oaths touching the Premisses did wholly deny the same and the said Sir John Berkley and Daniel Oneal being thereupon questioned did fly for the same The further Debate of this matter was put off until Wednesday at 8 of the Clock Munday July 26. Bill for Northern Counties passed the Lords Lord Majors Case about Electing one Sheriff c. heard The Earl of Bath Reported the Bill for securing of Mony to the Northern Counties c. And being put to the Question it was Resolved to pass The Petition of the Lord Mayor and Aldermen of London and the Petition of the Commonalty of the said City were read and after Councel on both sides had had a full hearing concerning the Election of a Sheriff and other Officers the House of Lords taking the whole business into consideration Ordered That this Cause should be determined on Saturday morning next in case the Lord Mayor and the Commonalty did not agree and compose the matter in Question in the mean time This was a very perplexing Case at this time for the Parliament were about to borrow 40000 l. of the City to disband the Armies and if the Cause had been determined either way in probability it would have given a stop to that Affair but more especially if it had been decided in favour of the Lord Mayor and Court of Aldermen who could not easily have raised that Sum without the Assistance of the most wealthy of the Commonalty The Lord Chamberlain signified to the House Letters about the Army That he had received divers Letters from the Lord General which he thought fit to acquaint the House with As a Letter desiring to know a certain day for disbanding of both Armies Likewise a Letter sent to the Lord General from the Gentlemen in the Bishoprick of Durham complaining of the burthen of the Soldiers there And also a List of the Number of the Five Regiments which are disbanded being 5817 Men All which being read the Lord Chamberlain had leave from this House to Communicate them to the House of Commons Tuesday July 27. Petition out of Oxfordshire against Bishops A Petition of the Ministers and People of Oxfordshire and Barkshire against Bishops was this day read in the Commons House and referred to the Committee for the Ministers Remonstrance A Message from the House of Commons by Sir John Culpeper 7 Bills brought up by Sir John Culpeper who brought up Seven Bills which had passed that House Viz. 1. An Act for the declaring unlawful and void the late proceedings touching Ship-mony and for vacating of all Records and Process concerning the same 2. An Act for the preventing of vexatious proceedings touching the Order of Knighthood 3. An Act for the free bringing in of Gun-Powder and Salt-Petre from forreign Parts and for the free making of Gun-Powder in this Realm 4. An Act to settle the Mannor of Belgraves and other Lands in the County of Leicester to and upon William Byerley Esq his Heirs and Assigns for and towards the payment of the Debts of William Davenport Esq Deceased 5. An Act to enable Sir Alexander Denton Knight to sell the Mannor of Barvard alias Barford St. Michael and other Lands in this present Act mentioned for the payment of his Debts and preferment of his younger Children 6. An Act for Alteration of the Estate and Tenure of some Lands within the Parish of Fulham in the County of Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 7. An Act for the making of the Chappel of Hoole in the County of Lancaster a Parish Church and no part of the Parish of Crosston  l. s. d. Sir John Hotham Reports Report of the Charge of the Armies That to disband the Army requires 242619 11 03 Toward which there is paid 152119 11 03 Remains to be provided 90500 00 00 The Charge of the Garrisons 40000 00 00 Total 130500 00 00 When the Earl of Warwick hath Received and Paid the 50000 00 00 There will Remain due to the Scots 53000 00 00 Besides the Remainder of the Brotherly assistance 80000 00 00 Total due to the Scots 133000 00 00 The Engrossed Bill for Confirmation of His Majesties Letters Patents to the Town of Plymouth Plymonth Bill passed and for dividing the Parish and building a new Church there was read the Third time in the Lords House and being put to the Question it was Resolved to pass as a Law Then the Speaker signified Message from the King to the Lords about Commissions in his absence That His Majesty Commanded him to acquaint their Lordships that because he intends his Journey tawards Scotland upon Monday come Sevennight and in regard that in his absence heretofore he hath left behind him Two Commissions the one directed unto the Lords of the Privy Council for ordering of the Affairs of State and the issuing out of Proclamations upon Emergent Occasions and the other Authorising a Person of Honour to be Captain General for the levying of Forces on this side Trent if there should be any necessity for the safety of the Kingdom His Majesty now thinks it fit to issue out the like Commissions for the said Publick Services in his absence with some Variations and Omissions according to the Occasions and hath named the Lord Chamberlain to be Captain General on this side Trent but His Majesty would execute nothing therein until he had made the same known to both Houses of Parliament desiring their Concurrence and Assistance in all his great Affairs Further it was signified from His Majesty That the Spanish Ambassador did send a Writing unto His Majesty wherein he presseth His Majesty for some of the Irish Companies lately disbanded to be employed in the Service of the King of Spain and that His Majesty hath Commanded that the said Writing shall be Communicated to both Houses of Parliament and he desires their Advice therein Upon which a Conference was desired by the Lords at which the Lords declared their Resolution That they would do nothing in it till Three Points were cleared First That the Ambassadour should set down the particular number of Men he desires Secondly The time When. Thirdly The manner How and the Place from Whence he intends to Transport the Soldiers Mr. Hambden made a Report from the Earl of Pembroke Mr. Hambden Reports the Letter from the Queen of Bohemia That he had received Letters from the Queen of Bohemia wherein she gave humble thanks to the Parliament for their Regard and Consideration of her There was also another Letter read from the Earl of Holland to desire That both Armies might be disbanded together for
of Parliament and is a restraint to the proceedings of other inferior Courts but is no restraint to the proceedings of Parliament and therefore seeing it may without in justice be denied this being the Case of the Common-wealth they conceive it ought not to be granted Whereupon it is desired that their Lordships will declare that all Priviledges shall be void in case of the Conviction or Disarming of Recusants and that all their Certioraris out of the King's Bench to hinder the Conviction of Recusants may be Superseeded That this direction may extend to Lords as well as to other Common Persons there being more cause of fear from them in regard of their Power and Greatness then from others That if any Popish Recusant of Quality shall be found not to be Convicted that such Pesons be commanded forthwith to attend the Parliament The Opinion of the House of Commons is That Popish Recusants as this Case is may be Disarmed by the Common-Law being Persons justly to be suspected for some dangerous design and that where there is cause of fear this may be extended to such Persons as have Wives Recusants or Children or any but considerable number of Servants as may give good Cause of Suspitions That in ordinary Cases if there be a Combination to do any mischief to commit a Riot Rob a House or hurt any private Person the Justices of the Peace may take security to prevent such damages much more in the Case where the danger of the Common-wealth is to be prevented Divers Presidents were remembred for the Disarming of Lords of Parliament the Marquess of Winchester Lord Peter Lord Vaux Lord Arundel of Wardour and divers others Then after some Consideration of this Conference It is Ordered That this House doth joyn with the House of Commons to send Commissioners to Disarm Recusants according to Law for the other part of it their Lordships will take it into consideration Sir William Armyn brings this Answer to the Message to the Lords The Lords Answer about the Commissioners for Scotland concerning the Commissioners designed for Scotland That the Lords are of Opinion that the Commission and Instructions be presently prepared together with a Petition to his Majesty and that this be sent away with all Speed and in the mean time the Commissioners may be going their Journey and those Instructions and Commission may meet them on the Way if this House thinks fit Mr. Pym reports the Petition and Instructions to the Commissioners for Scotland To the King 's Most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Lords and Commons now Assembled in Parliament Most Gracious Sovereign YOur Majesties Absence at this time the Parliament sitting The Petition to the King concerning the Commissioners for Scotland doth not only afflict us with much Grief but hinders us in making such Provision for the Public Necessities and Dangers of the Kingdom as we desired to do for the Safety whereof We shall be often forced to resort to your Majesties Wisdom and Goodness Whereupon both Houses of Parliament have agreed to send William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire to attend your Majesty to convey to us your Majesties Commands and Directions and to present to your Majesty our Humble Petitions and Desires and likewise to see the Expediting of such Acts in the Parliament of Scotland and other Affairs as by the late Treaty or otherwise concern the Kingdom Wherefore our most Humble Suit to your Majesty is That you will be graciously pleased to admit the said William Earl of Bedford Edward Lord Howard Nathaniel Fiennes Sir William Armyn Sir Philip Stapleton and John Hambden Esquire to be your Majesties Commissioners for the dispatch of the Affairs aforementioned according to such Instructions as they have now received or shall from time to time receive from both Houses of Parliament with your Majesties Consent and Approbation The Instructions for the said Commissioners follow I. YOV shall take care that all those Acts that concern both Kingdoms of England and Scotland The Instructions for the Commissioners and are already agreed upon in the Treaty between the Commissioners of both Nations and which are Confirmed by an Act of Parliament passed in this present Session shall likewise be confirmed and ratified in the Parliament in Scotland and You shall take an authentique Exemplification thereof to bring home with you II. You are to take Care that the Commissions agreed upon in the same Treaty concerning the Trade of both Kingdoms and concerning the Publique Peace and Correspondency betwixt the Two Nations may be settled and dispatched accordingly III. You are to demand Satisfaction of such Debts as shall remain due to the Northern Counties of England for any Money or Provision taken up by the Scottish Army IV. You shall be Careful to clear the Proceedings of the Parliament of England towards the Scots if you find any false Reports or Imputations cast on those Proceedings by persons ill-affected to the Peace of both Kingdoms V. You shall upon all fit Occasions assure the Parliament of Scotland of the good Affections of his Majesties Subjects of the Parliament of England and all things which shall concern the Service of his Majesty and the Peace and Prosperity of both Nations VI. You shall be Careful to certify the Lords and Commons in this present Parliament from time to time of all Proceedings therein and of all Occurrences which shall concern the good of this Kingdom VII You shall put in Execution such further Instructions as you shall receive from the Lords and Commons in this present Parliament with his Majesties Approbation and Consent signified under his Royal Hand It was Ordered Mr. Nichols to go with the Petition c. 1000 l. advanced for the Charges of the Commissioners That Mr. Anthony Nichols a Member of this House shall go to his Majesty from this House with the Petition and Instructions It was likewise Ordered That a Thousand pounds shall be advanced by Sir Robert Pye Mr. Wheeler and the Treasurers of Money for Westminster for the Commissioners Charges and their Acquittance or any two of them to be a Discharge Sir Philip Stapleton and Mr. Hollis were also Ordered to attend Her Majesty Sir Ph. Stapleton and Mr. Hollis to attend the Q. before they go for Scotland to know what Commands her Majesty will lay upon the Members of this House that are to go to His Majesty in Scotland The Lord General as indeed any person moderately skilled in Martial Affairs would have done made some difficulty it seems of letting so powerful an Army though of our Dear Brethren of Scotland March through so Important a Pass as the Town of Barwick and upon this wrote to the Parliament concerning it Whereupon the Lord Keeper Littleton returned this Answer My Lord I Have received your Letter dated the 16th of this
with any Forreign Prince or State their Ambassadors Agents or other Ministers of any Forreign Prince or State concerning raising or transporting any Forces either Horse or Foot to be imployed in the Service of any such Prince or State And it is further Ordered That it shall not be lawful for any Owner or Master of any Ships in either of the said Kingdoms to Contract or Agree for the transporting of any Forces Horse or Foot out of these Kingdoms for the Service of any Forreign Prince or State and that no such Forces shall be Raised Transported or Imployed by any Person whatsoever in the Service of any Forreign Prince or State without the Special License of His Majesty with the Consent and Advice of the Lords and Commons in Parliament It is further Ordered That none of the Ships of any of his Majesties Subjects of England or Ireland which have or shall be imployed in the Service of any Forreign Prince shall be used or imployed against any Forces which shall be any where commanded by his Majesties Commission by Sea or Land but such of his Majesties Subjects as are in any such Service shall forthwith withdraw themselves from the same and refuse to bear Arms in such Case It is likewise further Ordered That whosoever shall Contemn or disobey this Ordinance shall be taken to be a high Contemner of the Authority of the Houses of Parliament and shall be liable to such further Censure as shall stand with their Honor and Justice in that behalf This Order to continue and be in Force unto the first Day of November next and to be forthwith Printed and Published After which Mr. Pym Reports the Declaration of the Commons in Parliament made September 9. which was as followeth A Declaration of the Commons in Parliament made September the Ninth 1641. THe Knights Citizens and Burgesses of the Commons House A Declaration of the Commons without the consent of the Lords for Reformation of several Matters in the Church Sep. 9. 1641. having received many great Complaints from the several Parts of this Kingdom of heavy Grievances upon divers of his Majesties Subjects by the excessive pressing of some Matters concerning Religion which are in their own Nature indifferent by Pretext or Colour of the Laws now in force and by the unlawful enforcing other things without any Colour of Law and considering that a full Reformation cannot be made in this streight of time did for the Comfort and Ease of the People frame an Order in manner following Die Mercurii 8. Septemb. 1641. WHereas divers Innovations in or about the Worship of God have been lately practised in this Kingdom by enjoyning some things and prohibiting others without Warrant of Law to the great Grievance and Discontent of his Majesties Subjects For the suppression of such Innovations and for the preservation of the Publick Peace It is this day Ordered by the Commons in Parliament Assembled That the Church-Wardens of every Parish-Church and Chappel respectively do forthwith remove the Communion Table from the East end of the Church Chappel or Chancel into some other convenient Place and that they take away the Rails and level the Chancels as heretofore they were before the late Innovations That all Crucifixes scandalous Pictures of any one or more Persons of the Trinity and all Images of the Virgin Mary shall be taken away and abolisht and that all Tapers Candlesticks and Basins be removed from the Communion Table That all Corporal bowing at the Name JESUS or towards the East End of the Church Chappel or Chancel or towards the Communion Table be henceforth forborn That the Orders aforesaid be observed in all the several Cathedral Churches of this Kingdom and all Collegiate Churches or Chappels in the two Universities or any other part of the Kingdom and in the Temple Church and the Chappels of the other Innes of Court by the Deans of the said Cathedral Churches by the Vice-Chancellor of the said Universities and by the Heads and Governors of the several Colledges and Halls aforesaid and by the Benchers and Readers in the said Innes of Court respectively That the Lords Day shall be duly observed and Sanctified All Dancing or other Sports either before or after Divine Service be forborn and restrained and that the Preaching of God's Word be permitted in the Afternoon in the several Churches and Chappels of this Kingdom and that the Ministers and Preachers be encouraged thereunto That the Vice-Chancellors of the Universities Heads or Governors of Colledges all Parsons Vicars Church-Wardens do make Certificates of the performance of these Orders and if the same shall not be observed in any of the Places aforementioned upon complaint thereof made to the two next Justices of Peace Mayor or Head Officers of Cities or Towns corporate It is Ordered that the said Justices Mayor or other Head-Officer respectively shall examine the truth of all such Complaints and certifie by whose Default the same are committed All which Certificates are to be delivered in Parliament before the thirtieth of October next ANd did upon the eighth of September in a Conference with the Lords desire their Lordships to Consent unto it and to joyn with them in the Publishing thereof whereunto they never received Answer but contrary to their Expectation upon this present ninth of September being the Day intended for the Recess of both Houses they received in a Conference from their Lordships an Order dated January the sixteenth 1640. In these Words Die Sabbati 16. Januarii 1640. IT is this day Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled That the Divine Service be performed as it is appointed by the Acts of Parliament of this Realm And that all such as shall disturb that wholsome Order shall be severely Punished according to the Law And the Parsons Vicars and Curates in the several Parishes shall forbear to introduce any Rites or Ceremonies that may give Offence otherwise then those that are established by the Laws of the Land And one other of this present ninth of September In these Words Resolved upon the Question this ninth of September 1641. That the obovesaid Order shall be Printed and Published DEsiring that the Commons would joyn with them in publishing thereof which being presented to the House of Commons it was thought unseasonable at this time to urge the severe Execution of the said Laws Whereupon it was voted that they do not consent to those Orders or either of them And they have thought fit to make this Declaration that it may be understood that the last Order of the Lords was made with the Consent only of Eleven Lords and that nine other Lords then present did dissent from it so that it may be still hoped when both Houses shall meet again that the good Propositions and Preparations in the House of Commons for preventing the like Grievances and reforming the Disorders and Abuses in Matters of Religion may be brought to perfection Wherefore
held by Bishops the greatest Fires and Pests of Christendom the Old Heresies were by their Industry extinct Church Discipline and Pious Constitutions by them Established many Nations by them converted many Miracles done for the Confirmation of the Christian Faith one of the Gospels written by a Bishop St. Mark of Alexandria if we believe as authentick Records as any are extant Three of the Epistles of St. Paul written to Bishops seven Epistles by the Holy Ghost himself recorded in the Revelation and sent to the Seven Asian Bishops as all ancient Fathers accord * * Timotheus Titus Clemens Limus Marcus Dyonisius Onesimus Caius Epaphroditus Jacobus Hierosolimit Euodias Simeon the Names of twelve Men besides Apostles mentioned in Holy Scripture which all Antiquity reports to have been Bishops most of the Fathers whose Works all Posterity embraces with much Zeal and Admiration were Bishops these also in our Apprehensions advance that Holy Function to a high and unalterable Estimation 17. Very many of the fairest Churches and Colleges and Places of Religion were built by Bishops which are fair Characters to shew their prompiness to do Publick Acts of Piety and that Persons so well qualified as they were that is Governors and Clergy and fairly endowed is an excellent Composition to advance publick Designs for the Honor of God in the Promotion of Publick Piety 18. Since it hath pleased this Honorable Court of late to commend a Protestation to Vs which We by solemn Vow engaged our selves to Attest with our Lives and Fortunes the established Doctrine of the Church of England We consider that since the 36 Article hath approved and established the Book of Consecration of Bishops the Abolition of Bishops would nullifie that Article and should We not make humble Remonstrance to the contrary we should suddenly recede from our great and solemn Protestation for maintenance of our Church Doctrine But may it please this Honorable Assembly We consider on the other side 19. The introducing of Lay Elders must bring an insupportable Burthen to all Parishes by maintaining them at the Parish Charge for they must be maintained or else a Transgression is made against the Apostolical Rule Tim. 5. for the principal and indeed only colourable pretended Place for Lay-Elders injoyns their Maintenances so that either the People must be Oppressed with so great a Burthen or else St. Paul's Rule not obeyed or else there is no Authority for Lay Elders as indeed there is not 20. And also there can be no less fear of Vsurpation upon the Temporal Power by the Presbytery then is pretended from Episcopacy since that Presbytery challenges Cognisance of more Causes and Persons then the Episcopacy does so making a dangerous Entrenchment upon the Supremacy and derives its Pretence from Divine Institution with more Confidence and more immediate derivation then Episcopacy though indeed more vainly as We conceive 21. We crave leave also to add this That these two viz. Episcopacy and Presbytery being the only two in contestation if any new Design should justle Episcopacy we are confident that as it hitherto wants a Name so it will want a Face or Form of Reason in case of Conscience when it shall appear Signed by Knights Justices Gentry and Free-Holders about 800 By Ministers about the Number of 40. Though this Number seem but small yet the County is so too and certainly the Reasons which they offered were great and altogether unanswerable But the Word of the Faction was Delenda est Carthago Root and Branch must up though the 12 Apostles themselves had Petitioned them and remonstrated against this Violent and Anti-Christian Enterprize as in reality both they and all Apostolick Men as is well urged in this Petition did This day a Petition was read in the House of Lords Friday Novemb. 19. Officers of the late Army Petition for their Pay Presented by the Colonels and Chief Commanders in the late King's Army shewing That whereas there was a Trust desired by the Parliament of the said Officers for part of their Pay and thereupon an Act was made for their satisfaction to be given positively on the 10th of this Instant November They therefore desire That the Parliament may be moved to make good their Act. Whereupon it was Ordered to be propounded to the Commons at a Conference The Press breaks loose against Church and State The Press now began to break loose as indeed every thing that looked like Order seemed to be wholly Abandoned to Libertinisme both in Church and State for daily Complaints were made of abusive Pamphlets against both particular Persons and the Government Civil and Ecclesiastical Complaint had been some time before made to the House of a Libel against the Earl of Worcester another against the French Ambassador a third for Printing and Publishing a Book Intituled Leicester's Commonwealth upon all which the Honourable House of Lords who had not yet ejected the Bishops and others of the Loyal Nobility had animadverted and this Day it was Ordered That Lewis Hughs a Minister be sent for to attend this House to see if he will avow the making of a Book Intituled The Grievances and Errors of the Service-Book and that the Company of the Stationers do take Care to find out the Printer of the same Ordered Wall restored to his Place That Thomas Wall shall be restored to his former Imployment about the Vpper House of Parliament which although it is in the Gentleman Vshers disposure yet the Lords do presume that he will give way unto it by reason that his Dismission from the Imployment was by Order of this House for the reglect of his Duty to their Lordships only and the Business that concerned the House The Commons were still busy with the Declaration which having been the Work of many Daies and some Nights the Faction watching the opportunity of a thin House when most of the Loyal Party were tired and risen was at last brought to that perfection that it was Ordered to be Ingrossed A Motion was made for encouraging voluntary Contributions for the Relief of the poor English in the Kingdom of Ireland to which Sir John Packer presently gave 100 l. The Lord Brooks acquainted the Lord Thursday Novemb. 20. That he had informed the Venetian Ambassador with the Order of this House concerning Priests and Jesuits and the Ambassador saith he hath none that are the King 's Native Subjects if he had any such he would discharge them as for Father Jones and Father Andrews he saith he knows none such The Petition of Robert Philips the Priest was read Philips the Priest Petitions to be released from the Tower Craving Pardon for having presented formerly to their Lordships such Petitions as have not afforded expected Satisfaction which he humbly beseecheth may not be imputed to his backwardness but rather unto want of Experience in forming Petitions of that Nature And further he beseecheth their Lordships to believe that from his Heart he is
and Submitted himself humbly to the Wisdom of the House The Bishop of Peterborough answered That he did set his hand to the Petition but he never had any such ill intent as is Expressed in the Charge but what is done is through Ignorance and he Submitted himself to their Lordships Pleasure The Bishop of Landaff being not now to be met with was ordered to be brought to Morrrw Then it was Ordered That the Bishop of Durham The Bishops Committed Durham and Coventry to the Black Rod the rest to the Tower and the Bishop of Coventry and Litchfield shall forthwith be Committed to the safe Custody of the Gentleman Vsher attending this House and the rest of the Bishops now accused of Treason shall be forthwith Committed to the Tower of London there to remain until the furthâ—â—â—â—sure of this House be known It was also Ordered That the said Bishops so accused shall put in their Answer into this House to Morrow Sennight The Earl of Holland reported That the Lords had acquainted the King with the desires of both Houses that his Majesty would be pleased to give Warrants to the Earl of Newport for sending Powder for the service of Ireland and his Majesty is willing thereunto and will give Warrants when he knows the particulars but his Majesty desires the Parliament will take care that Powder be made to Supply his Stores again The Bishop of Winton sitting this day in the Lords House it was Moved That the Petition and Protestation Exhibited this day being in the Name of all the Bishops that he might be put to Answer Whether he consents or disassents and disclaims the said Petition and Protestation before he be suffered to sit and Vote in this House Whereupon the said Bishop answered Bishop of Winton Disclaims the Protestation of the Bishops That he never knew of any such matter Hereupon the House gave him leave to read over the said Petition and give his Answer therein which was That he never read the Petition before and he doth now utterly disclaim it And with this Answer the House was satisfied In the House of Commons besides the matters before related 30000 l. Borrowed of Merchant Adventurers for Ireland Sir Hen. Mildmay Reports That this being the day that the Merchant Adventurers should have given in their Answers concerning the loan of Moneys that they have freely condescended to lend 30000 l. upon the Security of an Ordinance of Parliament till an Act of Parliament can pass Whereupon Sir Hen. Mildmay and Sir Thom. Barrington were appointed to prepare an Ordinance of Parliament for their Security and present it to the House It was Ordered That this 30000 l. now borrowed of the Merchant Adventurers shall be kept together Entire and not disposed of till the Scotch Propositions be agreed upon either for their Rejection or Entertainment Then the Propositions from the Scotch Commissioners were read and then particularly handled one by one and it was Resolved c. That this House is of Opinion The Scotch Propositions Voted that some Maritine Towns in the North of Ireland shall be put into the hands of the Scotch to be Places for their Retreat Magazines and Garrisons Resolved c. That this House is of Opinion that the Towns to be put into the hands of the Scotch as aforesaid be the Town and Castle of Carrick-Fergus and Colragne Ordered That the Commissioners appointed to treat with the Scotch Commissioners shall treat with them that those English Forces that shall be Employed in Ulster may repair to those Towns upon occasion Resolved c. That this House is of Opinion that those Towns shall remain in the Scotch hands until the War shall end or that they shall be discharged of that Service Then the Votes of the Lords before Ordered to be Communicated to the Commons were read and the Commons resolving to push forward the Bill against the Bishops upon this occasion took it very patiently at this time that they refused to joyn with them to Petition the King for a Guard only it was Resolved c. That Sir Robert Pye Mr. Glyn and Mr. Wheeler Justices of the Peace for the City of Westminster shall take care 〈…〉 Watches sufficiently Armed shall be set in such convenient Places 〈…〉 be necessary for the safeguard of the House It was also Ordered That Mr. Wheeler do take Care for the providing of 20. Halberts for the Service of this House This day the Bishop of Landaff was brought to the Bar in the same manner the rest of the Bishops had been before Friday Decemb. 31. and after he had heard his Accusation of High Treason he said That on Wednesday last one came to him with the Petition about Four of the Cleck in the Afternoon and he only read the beginning of it and found fault with the Word Whatsoever but he blamed his own Indiscretion that he did not read it all and there being eight hands Subscribed before him and such as were his Ancients who he thought had understood themselves better then to commit an Offence of so High a Nature he confessed he set his hand thereunto likewise but he said he would plead nothing but Ignorance and Indiscretion that he read not the Petition over and professed that he had no Intention to overthrow the Fundamental Laws of this Realm nor to commit any of the other Offences he is Accused of Therefore desired he might not feel the Weight of their Lordships Justice but Mercy and desired that he might be Bailed upon good Security The House taking this into Consideration Bishop of Landaff sent to the Tower Ordered That the Bishop of Landaff shall be forthwith committed to the Tower of London there to remain until the pleasure of this House be further known The House then took the Propositions of the Commons concerning the Province of Munster into Consideration which being read and debated were agreed to in every particular and the Duke of Richmond Lo. Chamberlain E. Bristol and E. of Newport were ordered presently to attend the King and move him from both Houses concerning the 1.3.7 and 1th Articles of the aforesaid Propositions The Commons thinking it now to be the most seasonable Opportunity to strike while the Iron was hot did one of the first things they did this Day A Message from the Commons to revive the Bill against Bishops Votes in the House of Lords Vote to send up a Message to the Lords to remind them of the Bill against the Bishops Votes and accordingly Mr. Peard brought up a Message from the Commons to let their Lordships know That whereas divers Months ago the House of Commons sent up a Bill for the taking away the Votes of the Bishops out of this House the House of Commons conceive That in regard of the many other businesses their Lordships have not yet taken it into Consideration They desire their Lordships to take the same into Consideration with Expedition because they
but to rest most confident and assured that the Safety the Protection and the Prosperity of the City shall ever be with us a principal care After the reading of which most Gracious Message whereby is fully manifested and expressed his Majesties Gracious Goodness and great care for the safety and prosperity of this City the Lord Newburgh having withdrawn himself this Common-Council took the same into their serious consideration and how for the present to return by this Honourable Person unto his Majesty an Answer with all humility and thankfulness and after much debate it was fully agreed and resolved of by this Common-Council That in the first place should be returned and rendred unto his Majesty from this Common-Council as the Representative Body of the whole City their humble duty in all thankful manner for his goodness and gracious love and care manifested to this City Secondly That it should be signified unto his Majesty this Court nor any particular Member thereof hath had any hand in these Tumultuous and Riotous proceedings and that they and every of them do disavow and disclaim the same Thirdly That it may be likewise signified That this Court as the Representative Body of the whole City doth promise from hence-forth their best endeavours to prevent and suppress in time to come as far as in them lyeth all such or the like Tumultuous Assemblies and all Mutinous and Rebellious persons And lastly That the humble desire of this Court may be presented unto his Majesty to be graciously pleased that all the Delinquents and Causers of these Tumults whatsoever they be being apprehended may be brought into Examination and receive condign punishment according to the Law And these four things thus agreed upon were by direction of this Common-Council here openly declared and delivered by the Mouth of Master Recorder unto that Honourable Person the Lord Newburgh here present with desire that the same should be by his Lordship accordingly presented unto his Majesty the which he promised to perform with trust And afterwards this Court entred into further consultation and debate touching the Tumultuous and Riotous Assemblies lately spread night and day in several parts of this City to the great trouble and affrightment of his Majesties good Subjects and also touching the great neglect of that due respect which ought to be given by the Inhabitants of this City to the several Precepts lately issued out by my Lord Major for a continual Watch and Ward day and night for prevention and suppression of such Tumults and Distempers And likewise touching the great neglect in appearance of the Trained Bands of this City to their Colours at the beat of the Drum especially in these times of danger in contempt of Authority being a matter of exceeding great consequence and not fit to be suffered And thereupon this Common-Council Taking much to heart that such disobedience should grow and be found in the Inhabitants of this City to the great disrespect of Magistracy and Contempt of Government And that such Disorders and Tumultuary Assemblies should be permitted in such a City as this formerly famous for the good and quiet Government thereof hath thought it very expedient and behovâ—ful for redress and remedy to be had in these abuses being not fit to be any longer endured That every Member of the Common-Council now Assembled shall in their several Precincts spread it abroad and make it known That if any person or persons shall from hence-forth neglect his duty and service to be performed as aforesaid and shall not do his best endeavour to suppress or prevent any Tumults or Riotous Assemblies that shall hereafter be attempted within this City or Liberties thereof that then he or they offending shall receive condign punishment according to his or their demerits And it is further thought fit and so agreed by this Common-Council that my Lord Major may send out his Precepts in such manner and to such purpose as his Lordship and his Brethren the Aldermen shall think fit for Watch and Ward raising of Arms or otherwise for the safety and preservation of this City to which this Court and all the Members thereof promise all due and cheerful obedience And that Posterity may see his Majesty had great reason for what he did I will present the Reader with one of those Sheets then Printed giving an account of the Rudeness and Insolence of the Rabble from whence thô written as partially as may be and in favour of them yet it will be easie to observe both theirs and the Calumniating temper of the Parliamentarian Scriblers of that Age who made all men Atheists and Papists that were not Seditious Rebels The Paper is in these words THE Apprentices waiting there days at the Parliament House An Act for the Tumult of the Apprentices Dec. 31. 1641. without giving affront or ill Language to any they did only with a full consent Cry down Bishops and Popish Lords But coming scattering home by slender Companies were set upon by divers Caviliers who did cut many and misused most with base Language not only Apprentices but Men of good Rank and Quality calling them Ram-headed Rogues to the great disparaging and disheartning of them in their Trades and Callings for by this means many Tradesmen have shut up Shops and given over their Trades because they are so abused And the adverse Party Papists and their Adherents greatly countenanced and incouraged which makes them so bold and insolent that they care not what outrages they commit against honest men of good report and the Kings loyal and good Subjects and without some speedy redress and suppressing of them by the good Laws of the Land against such as do so insolently fall upon the Kings Majesties Subjects without cause there is like to be many thousand lives spilt and taken away The Apprentices being many of them committed and the other discountenanced made the Apprentices to swell in Blood to the adventure of the loss of their lives met on Wednesday night last to the number of two thousand with Clubs Swords Halberts and were resolved to go to the White-Lyon and others cryed out To my Lord Major's but by the providence of God and the grave wisdom of Captain Ven they were prevented by the grave Speech that followeth Gentlemen Let me intreat you to be at peace and quietness and return every one to his own habitation and you shall find we will be as ready to do any favour for you and relieve you in any of your just Grievances as you can or shall your selves and as you shew your willingness to us so shall we with our lives be willing and ready to help you therefore pray depart every man to his own home in Peace that it may not be said of you they are rude and tumultuous but that you may shew your selves to be discreet in all your affairs to the advancing of the Cause you have in hand and refer the Cause to us which will be ready
the Lords Committees to joyn with them to consider of a Way for Securing of both Houses by Guards as aforesaid that they may come and return and remain in safety Hereupon the Lords Committees have Voted That it is fit and necessary that there should be strong and sufficient Guards from the City of London and adjacent Parts for the securing of both Houses that they may sit in safety Secondly Their Lordships have Voted That it is a legal way for the Houses to require the Sheriffs of Middlesex and London to attend for that purpose with the Posse Comitatus and that they will Report these Votes to the House of Commons accordingly And the Lords Committees meeting with the Committee of the House of Commons the 10th of this instant January were of Opinion That Guards are necessary to be placed before the Committee for Irish Affairs do sit at Westminster and for the manner of ordering of the Guards they referred it to the Common-Council of the City of London And their Lordships will Report to the House of Lords That the placing of those Guards for the safety of the Irish Committee is in their Opinion an acceptable service to the Common-wealth Which Report being made it was confirmed by the House and the several Votes approved and Ordered accordingly Then the Lord Steward Reported the Kings Answer touching the desire of both Houses concerning Guards which Answer was read in these words WE having considered the Petition of both Houses of Parliament concerning a Guard do give this Answer That We will to secure their Fears Command the Lord Mayor of London The Kings answer concerning Guards to appoint 200. Men out of the Train'd Bands of the City such as he will be answerable for to Vs to wait on the House of Parliament that is to say one hundred on Each House and to be Commanded by the Earl of Lindsey it being most proper to him as being Lord Great Chamberlain who by his Place hath a particular Charge of the Houses of Parliament and of whose Integrity Courage and Sufficiency none can doubt But the Faction of the Commons were resolved to have no Guard of the Kings but one of their own appointment Order for a Guard of the Train'd Bands to be Commanded by Major Skippon for upon a Vote of the Commons to this purpose it was Ordered That the Sheriffs of London and Middlesex be hereby required to send two Companies of the Train'd Bands of the City of London and County of Middlesex under the Conduct of Serjeant Major Skippon to attend both Houses of Parliament every day for security of the Parliament until both Houses do give order to the Contrary Directed to the Sheriff of the City of London and Middlesex A Message was brought up by Sir Philip Stapelton who brought up a Bill which had passed the House of Commons Intituled An Act declaring That the Lords and Commons may Adjourn themselves respectively to any Place 2. To let their Lordships know that the House of Commons are informed that there is at Hull a Magazin of Arms of the Kings for 16000. Men and proportionable Ammunition But in regard no great strength is in the Town and that the Countrey about is full of Papists ill affected The House of Commons desires their Lordships to joyn with them that some Companies of the Train'd Bands next adjoyning to Hull be forthwith put into that Town for the Safeguard of that Town and the Magazin there and the said Train'd Bands to be under the Command of Sir John Hotham Knight who hath the Command of that Town already by Patent from the King Whereupon it was Ordered Order for Sir John Hotham to keep the Town of Hull That some of the Train'd Bands of Yorkshire nearest to Hull in the said County under the Command of Sir John Hotham Knight shall with all speed be put into the Town of Hull for the securing of the Kings Magazin there and the said Town and hereof the said Sir John Hotham is by Virtue of this Order Commanded to perform accordingly And the said Sir John Hotham is to Command the Town and Forces therein and all Parties whom it concerns shall give their Obedience unto the said Sir John Hotham and his Ministers And lastly That Sir John Hotham or whoever he shall appoint under him shall not deliver up the Town of Hull or Magazin there or any part thereof without the Kings Authority Signified unto him by the Lords and Commons Assembled in Parliament Directed to Sir John Hotham the Elder The Vizor now began to drop off apace for the plain English of this and the former Order for a Guard was that the King was only to have the Name but the two Houses were to have the Substance of the Royal Authority And certainly no men ever moved by more Regular Steps towards Rebellion they had pretty well Exhausted his Majesties Stores for the Service of Ireland and now they were resolved to Secure the Rest The Tower of London hung still mightily in their Light and though the King had Displaced Lunsford yet Sir John Byron the present Lieutenant who was a Person of great Loyalty Courage and Gallantry was by no means agreeable to their Liking or Designs and therefore the next attempt was to get quit of him and a Confiding man a Creature of the Faction placed in that Important Command as we shall presently see Then the Act An Act for the Lords and Commons to adjourn themselves to any place passed the Lords declaring that the Lords and Commons may Adjourn themselves respectively to any Place was read twice and after a short debate a third time and upon the Question it was consented to to pass as a Law From whence it is observable that even this Parliament who had gotten an Act that they should not be Prorogued or Dissolved without their own Consent yet did not think they had Power without the Royall Assent to an Act of Parliament to Adjourn themselves to any other Place from Westminster whither they were by Writ Summoned to Assemble and Sit and which likewise is a Concession that it was so solely in his Majesties Power though not to Dissolve them yet to have Adjourned them to some other Place less Factious and Troublesom then at that time London was A Petition was presented this day to the Lords from the Inhabitants of Bucks as follows To the Right Honourable the House of Peers now Assembled in PARLIAMENT The humble Petition of the Inhabitants of the County of Bucks Bucks Petition to the Lords Jan. 11. 1641. SHEWETH THat whereas we hoped upon the happy Assembling of this present Parliament we should have had a speedy Redress of those Pressures we have for many Years been under but have been hitherto in great Measure Frustrated of your hopes by the strong Counter-working of a Malignant Faction whereby the perfecting of Reformation is hindred the endeavours of the House of Commons in great
division I allow of that is Treason by Statute-Law as he terms it though it be Treason by the Common-Law and constructive Treason And upon that method he hath recited the evidence produced on either part Give me leave to follow and trace him a little and afterwards to discharge my own duty in taking my own course and representing the evidence as it appears truly and I will avoid as much as I can to fall into my Lord of Strafford's error in mis-reciting a Particle if I do it shall be against my will He begins with the Fifteenth Article and pretends that that is not proved The ground and foundation of that Article was a Warrant issued out by himself to a Serjeant at Arms one Savill which gave directions and power to that Serjeant to lay Soldiers on any person that should contemn the Process of the Council-board in Ireland that was the effect Now says he this Warrant is not produced and adds That the Judges will tell your Lordships that if a man be charged with any thing under Hand and Seal the Deed must be produced and proved or else no credit is to be given to it Truly my Lords it is true if it had been a Bond or a Deed where those that Seal it use to call their neighbours to testify and be Witnesses to it perhaps it might be a colourable answer that because we do not produce the Deed and prove it by Witnesses you can therefore give no credit to it But my Lords in case of authority to commit High Treason I suppose my Lord of Strafford nor any other did call witnesses to prove the Signing Sealing and Delivering of the Warrant for execution of High Treason and therefore it is a new way and invention found out by his Lordship for ought I see to commit High Treason and to give authority for it and it is but taking away the original Warrant and he shall never be touched for any Treason But I beseech your Lordships patience till I come to open that Article and your Lordships will find the Warrant though it be not produced proved by three or four Witnesses and his Hand and Seal proved too And whereas he pretends the Serjeant at Arms is no competent Witness because he excuses himself my Lord mistakes himself for I take it to be no excuse to prove a Warrant from any person whatsoever if it be to commit High Treason and therfore Savil's testimony is the more strong being so far from excusing that he doth accuse himself And though he is charged with laying of Soldiers upon the King's People contrary to an express Act of Parliament made in 18 H. 6. yet my Lord is pleased I know not how to term it whether it be merrily or otherwise to use his Retorick Here is a great levying of War when there is not above four Musquetiers or six at most laid upon any one man My Lords it is a plain levying of War and without all question and in all sense it is as much mischievous to me to be surprized by four or six Musquetiers to enforce me to any thing they would have as if there were an Army of Forty thousand brought upon me for if that strength will but over-master me it is all one to me whether I be mastered by four or by four thousand And therefore let not this be a rule that to send four or six or ten Musquetiers up and down is not considerable because of the smalness of the number the danger is the same yet this is no levying of War because they goe not in Troops of greater number as it pleases my Lord of Strafford to affirm My Lords Your Lordships remember what the effect of the Warrant is sworn to be that howsoever the Serjeant at Arms and his Ministers that executed it brought but four or six or ten yet the Serjeant might have brought all the Army of Ireland for there was authority so to do And admitting the matter of Fact proved he mentions an Act of Parliament made 11 Eliz. whereby a penalty is laid upon men that shall lay Soldiers on the King's Subjects and yet as my Lord observes it must now be Treason in the Deputy My Lords The very casting of an eye upon that Act shews it to be as vainly objected as if he had said nothing for in truth it is no other than as if he should say The King hath given me the Command of an Army in Ireland and therefore I may turn them upon the bowels of the King's Subjects It is no more in effect Your Lordships heard him the other day mentioning two Acts of Repeal and I expected he would have insisted upon them but it seems he hath been better advised and thinks them not worthy repetition nor indeed are they And if the matter of Fact be proved upon the Fifteenth Article I am confident he will find the Statute of 18 H. 6. to be of full force My Lords I am very sorry to hear that when levying of War upon the King's Subjects is in agitation and he charged with High Treason he should make mention of the Yorkshire men and the Army now on foot whereby he would insinuate that if he be charged with High Treason then they must be likewise though they lye quartered and have meat and drink with the assent of the people which may breed ill blood for ought I know From the Fifteenth Article he descends to the Three and twentieth and that is the Article whereby he stands charged with speaking of Words and giving of Counsel to His Majesty to incense him against His Parliament pretending a Necessity and telling him He is loose and absolved from all Rules of Government That he had an Army in Ireland which he might make use of to reduce this Kingdom In this he is pleased to begin with the Testimony of my Lord Ranelagh conceiving an apprehension and fear in him that the Army should go over to England which my Lord says is no more but his saying and Mr. Treasurer Vane ' s. I pray God my Lord Ranelagh had not much cause to fear but by the same rule he may lay a charge of unwarrantable fear upon all the Commons for sure the the Commons of England did fear it else they would not make an Article of it but my Lord Ranelagh's fear did not arise from a slight cause and he shewed himself a good Common-wealths man in expressing it and he is to be commended for it howsoever it be apprehended by my Lord of Strafford For his observation of the single Testimony of Mr. Treasurer Vane give me leave to take the same latitude as his Lordship did for he shews to three or four Articles what he could have proved as to the Article concerning the Army he could have proved the design of it by Sir John Burlacy and some others if they had been here But by this rule and liberty he hath taken to alledge what he could have shown give me
a Horse to ride on the next Morning early which he did and the Friday after returned to Petworth and caused the said Merryweather to ride with him to Shoram to get a Boat to carry him over into France telling him that he had dangerously hurt a Man Mr. Percy returning again to Petworth on Monday Morning last sent again for the said Merryweather into a Wood and desired him to lend him a Horse and wished him to go with him to Mr. Lamb to Pagham to get him a Boat to carry him into France and that on Thursday last in the Evening there were Three Gentlemen about Pagham which were suspected to be some of the persons mentioned in the Proclamation divers Men were called to Aid for the attaching of their Bodies two of them were apprehended viz. Merryweather and Lamb but the third set Spurs to his Horse and escaped his Horse being wounded with a Prong This Gentleman that escaped is confest to be Mr. Percy who had hired a Boat of Thomas Waterman of Selsey to pass over into France for which he was to give 40 l. The desire of the Commons was that their Lordships would think of some Course for the Apprehending of Mr. Percy either by stopping of the Ports or by sending forth their Warrants After some consideration herein their Lordships were of Opinion that the shutting of the Ports would prove very inconvenient for Trade The shutting the Ports occasioned the Tumult of the Seamen before and that the Proclamation lately set forth by his Majesty for his Apprehension was of validity enough and needed no other Assistance Alderman Pennigton acquaints the House that Money comes in as fast as it can be told Ordered Order about Harwood and Drinkwater to excuse them from the Pillory That Robert Harwood and Thomas Drinkwater shall be spared at the Request of the Lord Great Chamberlain from standing on the Pillory but shall be brought to this House upon their Knees at the Barr and make their humble Submission for their Misdemeanors Ordered Tumults That this House have a Conference with the House of Commons to morrow morning concerning the Concourse and Tumults of People resorting hither out of London and other places Complaints now came in every day against the Loyal and Orthodox Clegy Monday May 17. insomuch that the Committee for Religion was divided into many Sub-Committees Mr. Whites Committee Mr. Corbets Committee Sir Robert Harlows Committee and Sir Edward Deerings Committee and Mr. Corbet who made the Report against Emanuel Vty Dr. in Divinity Rector of Chigwell in the County of Essex boasted that he had Nine Hundred Petitions against Scandalous Ministers Upon his report of the Complaints made against Dr. Vty it was Resolved c. Votes concerning Dr. Uty Rector of Chigwell That Dr. Emanuel Uty is a man of very scandalous and vitious life corrupt in his Doctrine superstitious in his practice an Incendiary Guilty of words spoken against the Kings Supremacy of words tending to Blasphemy of words very scandalous against the Parliament Resolved c. That Dr. Uty is unworthy to have and enjoy any Ecclesiastical Benefice or Spiritual Promotion or to have the Cure of Souls If the rest of their Accusation were no more true or better proved then the first of Dr. Vty's being a Man of very Scandalous and Vitious life it may very well be supposed that Dr. Vty was very innocent For White the Chairman of one of these Committees who Printed the Centuries of Scandalous Malignant Priests as he called the Loyal Episcopal Clergy makes not the least Mention of any thing Scandalous or Vitious in his Life and no person who reads that infamous Libel can possibly believe that White would spare him in particulars so material to his Design But this unpardonable Offence was as he is there Charged for affirming White 's First Century of Malignant Priests Num. 5. not that all but That Parliament-men are Mechanicks and illiterate and have nothing to do to intermeddle in matters of Religion The House of Commons then Entred into debate about the Propositions concerning Religion delivered in by the Scottish Commissioners And it was Resolved Vote concerning the Scots desire of Uniformity of Religion in both Nations That this House doth approve of the Affection of their Brethren of Scotland in their Desires of a Conformity in Church Government between the Two Nations and doth give them Thanks for it and as they have already taken into Consideration the Reformation of Church Government so they will proceed therein in due time as shall best conduce to the Glory of God and the Peace of the Church There is nothing that does more clearly Evidence the great Consort that was between the English Puritans and Scottish Presbyterians to destroy the present Church Government than this Vote which according to the usual Hypocrisie of those Men and Times was still prefaced with a design of Gods Glory and the Peace of the Church This day a poor Printer was committed to the Gate-House for Printing an Elegy upon the Earl of Strafford Mr. Davenant who was taken at Feversham in Kent Mr. Davenant Committed to the Serjeant was brought to the Barr of the Commons House and committed to the Custody of the Serjeant who was commanded that none should be permitted to speak with him but in the presence of the Serjeant or one of his men This day also the Lord Cottington resigned his Place Lord Say made Master of the Court of Wards and the Lord Say had the Seal given him and was sworn Master of the Court of Wards Thus did his Majesty endeavour by repeated Acts of Grace and Favour not only publique but private to oblige a sort of Men who as He himself complained but too justly afterwards turned them all into Wantonness Manifesting to all future Ages how impossible it is to oblige ingrateful Tempers or to fubdue a Rigid Presbyterian by the soft Methods of Favours and Compliances Ordered Order of the Lords about Tumults That if the People do assemble here in any Tumultuous manner this House will take Care to suppress them or Adjourn the House till it be done A Conference appointed with the Lords concerning the Queen Mother the Lords to be desired to intreat his Majesty That the Queen Mother would be pleased to depart the Kingdom Tuesday May 18. Tumults about the Queen-Mother in regard they fear they shall not be able to protect her from the Violence of the People and for the Tumults this House will joyn with the Lords and send to the Lord Mayor and Magistrates to take Care to suppress them for the future Thus was this Glorious Reformation of the Church begotten born and nursed with Tumults and Disorders from the danger of which it seems not the Law of Nations nor the Sacred Character of Majesty could afford any Security or Protection A Message from the House of Commons desiring to receive an Answer to a former
in Charity it is a supposition not to be supposed no nor in Reason that they will go against the Light of their understanding The holiness of their Calling their Knowledge their Freedoms from Passions and Affections to which Youth is very obnoxious their vicinity to the Gates of Death which though not shut to any yet always stand wide open to old Age these My Lords will surely make them Steer aright But of matter of Fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a Poetical not a Logical Argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Judge Magistrate nor Officer more A personal Crime goes not beyond the Person that commits it nor can anothers Fault be mine Offence If they have contracted any Filth or Corruption through their own or the Vice of the Times cleanse and purge them thorowly But still remember the great difference between Reformation and Extirpation And be pleased to think of your Triennial Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of Vertue I have now My Lords according to my poor Ability both shewed the Conveniences and answered those Inconveniencies that seem to make against them I should now propose those that make for them As their falling into a Condition worse then Slaves not represented by any and then the dangers and inconveniences that may happen to your Lordships but I have done this heretofore and will not offer your Lordships Cramben bis coctam In the Commons House the Affair of the Captives at Algiers fell under debate and produced these following Votes Resolved Votes about the Captives at Algiers c. That his Majesty be moved to send at the Charges of the Merchants some fit person to the Grand Seignior to demand the English Captives in Algiers and other the Turkish Dominions Resolved c. That in some convenient time a Fleet of Twenty Ships and Pinnaces be sent to Algiers to assail the Town and their Ships if the Captives be not delivered upon the demand of them Resolved c. That the Book of Rates being setled One per Cent. be laid upon Trade over and above the Sums in the Book to be collected and imployed by Commissioners to be appointed by the Parliament for this special Vse and continue so long as the Parliament shall think fit A Message was brought to the Lords by Mr. Conference about the Scots Secretary Vane to let their Lordships know that the Select Committee of their House have Reported what was yesterday done at the meeting with the Select Committee of Lords Thereupon the House of Commons having taken the business into Consideration have Resolved c. That the whole Arrear of 120000 l. be presently paid to the Scots out of which the due Debts of the Counties are to be deducted and for the Brotherly assistance of 300000 l. it shall be setled and secured by the Kingdom to them Resolved c. That if the deductions may withdraw more Moneys than the Scots can spare from the Disbanding then the whole 120000 l. shall be allowed them for the Disbanding and the Debt of the Counties be taken upon the Kingdom for the present and be first paid out of the Brotherly assistance Resolved c. That when the Treaty shall be fully Concluded and Publick Faith given for Peace and Security for Mony both the Armies may be Disbanded by degrees as mony shall come in Resolved c. That the Committee shall have power to present these Heads to the Lords Commissioners to treat with the Scots Likewise the House of Commons desired that a meeting might be between the Lords Commissioners and the Scots Commissioners this Afternoon at four of the Clock and propound these Resolutions unto them All which the Lords assented to Saturday May 22. Monday May 24. Money borrowed of the City desired to be continued Votes about the Bishops Bill in the Lords House The greatest part of this day was spent by the Commons in the Debate of the Scottish Articles Fifty Thousand Pounds and Sixty Thousand Pounds formerly lent by the City was this day desired to be continued a Year and a half longer with promise to be repaid out of the four hundred thousand pounds voted to be raised for payment of the debts of the Kingdom The Bill concerning the Bishops was this day Debated in the House of Lords and after a long and serious Debate the House was Reassumed and it was Resolved upon the Question That the Arch-Bishops and Bishops shall have Suffrage and Voice in the House of Peers in Parliament Resolved c. That the Arch-Bishops and Bishops shall not have Suffrage and Voice in the Court of Star-Chamber when they are called Upon the further Debate of the Bill about Bishops it was this day further Resolved c. That no Arch-Bishop or Bishop or other Person in Holy Orders shall be Justices of the Peace Resolved c. That no Arch-Bishop or Bishop nor other Persons in Holy Orders shall be of the Privy Council to the King or to his Successors The Commons fell this day upon consideration of the Customers but before they came to any Vote Mr. Pym made a motion for them offering a Hundred Thousand Pounds composition Tuesday May 25. Customers offer 100000 l. For an Act of Oblivion provided they might have an Act of Oblivion but the proposition being rejected by the House it was Voted Resolved c. That all Collections of any Sums of Mony by colour of Subsidies Imposts or Aids upon any Merchandize whatever not granted by Parliament are against the Law and Liberties of the Subject Resolved c. That all such persons as have Collected any such Sums of Mony under colour of Subsidy Imposts or Aid upon any Merchandise whatever not granted by assent in Parliament are Delinquents The Complaint of the Vintners against Alderman Abel Wednesday May 26. The Vintners Case against Abel and Kilvert and Mr. Kilvert for taking one peny per Quart upon all French Wines and two pence per Quart upon Spanish Wines was this day debated in the House of Commons and upon the Debate voted Illegal and a Bill Ordered to be brought in against the said Alderman Abel and Mr. Kilvert The Customers Sir Paul Pindar The Customers Petition for an Act of Oblivion and to pay 150000 l. in a Month. Sir Abraham Daws Sir John Worstenholm and Sir John Jacob Petitioned the House for an Act of Oblivion whereupon it was Resolved c. That one hundred and fifty thousand pound offered by the Petitioners in satisfaction of their Delinquency to the Common-wealth shall be accepted they paying the Mony within one Month as was expressed in their Petition and an Act of Oblivion to be passed according to certain Limitations made in
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 Commons House Thursday June 17. by which it will appear at what a Rate the Reformation was to be purchased when the first Account Run so high  l. It appeared that there was due to the Kings Army The State of the Account of the Armies 462050 There hath been paid to the Kings Army 150000 Rests due to the Kings Army 312050 There is due to the Scottish Army 216750 Due to the Scots for Shipping 4000 Total due to the Scots 220750 There hath been paid to the Scots 105000 Rests due to the Scots 115750 Total due to English and Scots 427800 Brotherly Assistance to be paid presently 80000 To pay this there is in View  Due from the Customers upon Composition 150000 Due from the Petty-Customers Composition 15000 From the City promised to be Lent 40000 Total 205000 To be provided more 302800 Off the Old Subsidies 300000 New Subsidies 400000 Customers 165000 Total raised and to be raised 865000 The Debate about the Poll-Bill was this Day agitated in the House of Commons whereupon it was agreed Friday June 18. That every Duke shall pay 100 pounds Every Marquess 80 pounds Votes and Rates of the Poll-Bill Every Earl 60 pounds Every Viscount 50 pounds Every Lord 40 pounds Every Bishop 60 pounds Every Dean 40 pounds Every Canon Residentiary 20 pounds Every Prebendary 10 pounds Every Rector for 100 l. per annum 5 pounds Every Baronet and Knight of the Bath 30 pounds Every Knight 20 pounds Every Esquire 10 pounds Every Gentleman of 100 l. per annum 5 pounds Aldermen of London the same Rate with Knights And for other Persons all above the Age of 16 Years Except such as receive Alms to pay 12 pence per pole Recusants of all Ranks to pay double Lord Mayor of London 40 pounds Aldermen Knights 20 pounds Aldermen Deputies 15 pounds Common Council men 5 pounds Master and Wardens of the 12 Companies 10 pounds Every one of the Livery 5 pounds Master and Wardens of the other Companies and such as have fined for Master or Wardens 5 pounds Every one of the Livery 50 shillings Every Freeman of the 12 Companies 20 shillings Every Freeman of the other Companies except Porters and Watermen 20 shillings Every Merchant Stranger being a Knight 40 pounds Every Merchant Stranger at Sea 10 pounds At Land 5 pounds English Merchants in Land not Free 5 pounds Factors 40 shillings Handicrafts-men Strangers 2 shillings per pole If House-Keeper or Papist 4 shillings Widows according to the Degrees of their Husbands Serjeants at Law 20 pounds Kings Serjeants 25 pounds King Queen and Princes Council 20 pounds Dr. of Law and Physick 10 pounds If Papists 20 pounds Arch-Deacons 15 pounds Chancellors and Commissaries 15 pounds Every man of 100 pounds 5 pounds Every man of 50 l. per annum 50 shillings Every one that can dispend 20 pounds per annum 5 shillings Saturday June 19. Bill against Pluralities and Non-residence passed the Commons The Bill against Pluralities and Non-Residence was this day read the third time in the Commons House and being passed was carried up to the Lords for their Assent By this Act it was provided That whosoever had two Livings should before the 21 of September next following resign one of them And that if any Clergy-man should be absent at any time 60 days from his Living he should ipso facto forfeit it A Message was brought from the House of Commons by John Hampden Esq The Bill a-against Pluralities brought up to the Lords who brought up a Bill which had passed the House of Commons Entituled An Act against the enjoyment of Pluralities of Benefices by Spiritual Persons and Non-residence And desires that their Lordships would give such dispatch to the Three Bills lately sent up 1. Concerning the Star-Chamber and the Privy Council 2. Concerning the High Commission Court The Third Concerning disarming of Recusants as may stand with their Lordships conveniency Upon which the said Bill was read the first time Bill against Ship-Money read a second time The Bill of Tonnage and Poundage passed the Lords House The Bill against Ship-mony was also read a second time This day was read the third time the Bill Entituled An Act of a Subsidy granted to the King of Tonnage and Poundage and other Sums of Mony payable upon Merchandzie Exported and Imported And being put to the Question it was Resolved Nemine Contradicente to pass as a Law and the L. Great Chamberlain L. Steward L. Chamberlain E. Holland were appointed from this House to move his Maiesty to appoint a time to give his Royal Assent This day Colonel Goring was again Examined by the House upon several Interrogatories Monday June 21. Goring further Examined upon which he deposed That Sir John Suckling first told him of that design about the middle of Lent last and that afterwards meeting with Mr. Jermyn he desired that he would meet him at White-hill on the Queens side for that he was to speak with her Majesty and would confer with him concerning the Army where meeting at the Queens drawing Chamber her Majesty told him the King would speak with him whereupon meeting with the King his Majesty told him that he was minded to set his Army into a good Posture being advised thereto by my Lord of Bristol as he said and his Majesty then commanded him to joyn with Mr. Percy and some others in that business Now because hereafter when the Faction flew out into open Rebellion they did endeavour to improve this into a scandal against the King as if he were in the design to bring up the Army against the Parliament thereby to render him odious to his Subjects and especially the Nonconformists who made the House of Commons their great Idol the Reader is desired to compare this Passage of Goring's Deposition wherein he tacitly seems to bring the King in as the Author of his entring into the Confederacy whereas in that first confession of his he gives an account that he fell in among them upon the account of the Discourse of endeavouring the redress of the Grievances of the Army and that thereupon finding them full of discontents and as he thought entring upon Resolutions of dangerous Consequence to the Common-wealth and his Majesties safety he continued his Correspondency with them and took the Oath of Secrecy purposely with an intention to disclose the matters and discover them to the Parliament in proof of which original intention of his Confederating with them he tells us He had before-hand provided for his own security by imparting the matter to some great Lords telling them that in a little time he should have occasion as he thought to acquaint them further with some things of great importance The House was this day Resolved into a Grand Committee of the whole House upon the Debate of the Root and Branch Bill Monday June 21. upon which occasion Sir Edward Deering made this following Speech as I find
of Aid and Supply to your Lordships in the Ancient and due Form But perhaps your Lordships will say you question not that general right we have of granting Subsidies that it is to receive its Birth and Being from the House of Commons but that in this particular case of Poll-money you expect a particular satisfaction and much more to see it proved that the Peerage of England were ever before rated in such a Bill For the first my Lords this way is an Ancient and a known way it began in the time of that Wise and Victorious Prince King Ed. 3. as appears upon Record in Rotulo Parliamenti de Anno 51. Ed. 3. Numero 19. And I assure my self neer upon three hundred years continuance is able to challenge both allowance and imitation from this present Age. During the Reign of R. 2. his Grand-child this course of raising money by the Poll was again put in practice as an advantagious and a speedy way Your Lordships shall find one example of it in the Parliament Roll de Anno 4. Rich. 2. n. 15. being almost the same with that rate and proportion granted in the time of Edward the Third But that Record which comes home to this case and is an identical president in the very particular before your Lordships to give you full satisfaction is found in Rotulo Parliamenti in Parliamento 2. for the miseries at home and the calamities abroad caused in one year sometimes two sometimes three Parliaments in those elder times de An. 2. Rich. 2. n. 14. where the Dukes Earls and Barons are all particularly rated and the Duke of Britain is there assessed as a Duke though he were a Free Prince and had only the Title of Earl of Richmond in England Nay my Lords the House of Commons at this time hath come far short of the same president in favour of the Noble Ladies for whereas the Countesses Dowagers were rated at the same proportions with Earls and the Widows of Barons at as high a rate as the Barons themselves we have now eased them of two parts of that and only charged them with the third I hope now your Lordships have seen both reason and president for our proceedings at this time you will be pleased to believe that the House of Commons will be as careful and tender of your Lordships Rights and Priviledges as of their own We know my Lords that this is the way to preserve peace and unity between us which as it is always expedient so is it at this time most necessary For the two Houses are as the two Arms of the Kingdom if we hold fast together we shall be able to Accomplish great things worthy to be transmitted to after-Ages but if we dissever and disunite we may end in ruin and calamity So much of the said Record as concerns the rating of the Nobility and Gentry is here added it being presented thus ready written at the said Conference Rot. Parliamen in Parliamento 2. de An. 2. Rich. 2. N. 14. Le Duc de Lancastre le Duc de Bretaigne chescun a x. Markes chescun Conte D'engleterre iiii l. Chescun Countesses veoves en Engleterre a tant come les Count iiiii l. Chescun Baron Baneret ou Chivaler qui poet a tant dispendere xl s. Chescun Baronesse veove paiera come Baron Banresse come le Baneret xl s. Chescun Bachiler chescun Esquier qui per Le statute deveroit estre Chivaler xx s. Chescun veove Dame feme de Bachiler on Esquier al afferant xx s. Chescun Esquire de meindre estate vi s. viii d. Chescun feme veoxe de tiel Esquire ou Marchant suffisant vi s. viii d. Chescun Esquier nient possession de terres ne chateux quest en service ou ad este armes iii. s. iiii d Captain Pollard this day Petitioned the House Captain Hugh Pollard Bailed that he might have liberty to go into the Country to visit his Father who lay very sick and was so far displeased with him upon the misfortune of his Accusation that he was afraid he would dis-inherit him and the Earl of Essex and another Lord offering to be Bail for him it was Ordered That by Warrant from the Speaker he should be delivered from the Gate-House to the Serjeant at Arms who was to take Bail of 1000 l. from himself and 500 l. apiece from his Bail Thursday July 1. Stannery Bill passed the Commons The Articles against the Judges Voted for his appearing upon Monday three weeks The Bill for Regulating the Court of Stanneries was this day read a third time and passed the Commons Mr. Hide reports the Articles against Judge Crawley Sir Humphrey Davenport Lord Chief Baron of the Exchequer Sir Thomas Trevor Baron of the Exchequer Sir Richard Weston Baron of the Exchequer which were singly Voted and ordered to be Engrossed and a Conference to be desired with the Lords and that Sir Randal Crew 's Case be then recommended to their Lordships to move his Majesty to recompence him with Honour for his Sufferings for the Publick Upon Mr. Peard's reporting of the Case of Mr. Faunt Mr. Peard Reports Mr. Faunt's Case it was Resolved c. That the Sentence in the Star-Chamber against Sir William Faunt was without ground of any thing that appears either in answer or proof Resolved c. That the said Mr. Faunt and his Father as Co-executors ought to be restored to all that was paid either by Sir William Faunt or them Resolved c. That the Cause be represented to the Lords to the end the Sentence may be reversed and the Parties restored to all that they and their Testators have paid Resolved A Vote against the Council Board c. That neither the Body of the Lords of the Council nor any one of them in particular as a Privy-Councellor hath any power to imprison any Free-born Subject except in such Cases as they are warranted by the Statutes of the Realm Engrossed Articles against Lord Chief Justice Bramston Friday July 2. Lord Chief Baron Davenport the Judges Crawley Weston Trevor and Berkley voted to be carried up to the Lords The Bills against the Court of Star-Chamber and High-Commission Court Bills against Star-Chamber c. Carried up to the Lords with the amendments passed and carried up to the Lords by Mr. Capel as also the Bill for raising Mony for the speedy disbanding the Armies and to move their Lordships to desire of his Majesty his Royal Assent to them with all convenient Expedition The Bill for the Poll-mony with the Amendments were twice read in the House of Lords and agreed to with this Memorandum Memorandum A Salvo entered by the Lords about the Poll Money That a Salvo be entred for the preserving the Priviledges of Peers of this Realm for Rating and Taxing themselves in Subsidies by Members of this House in time of Parliament This day was read a third
the honour and safety of the Kingdom This day the Bill Entituled An Act for the securing the True Religion The Bill for securing the true Religion c. rejected the Safety and Honour of His Majesties Person the just Rights of the Subject and the better discovery and punishment of Popish Recusants was read a Second time and after a long Debate of the House it was Resolved by the major part That this Bill be Rejected The Reader is to understand that under the glorious Title with which this Bill was guilded the main matter of it was the taking away the Peerage of the Bishops in Parliament which since they could not effect by the former Bill they thought to slide in under these specious pretences of preserving Religion c. but the House of Lords had too many Wise and Noble Just and Honourable Persons in it yet for the Faction to effect their Design After this the Lord Mayor of London and the Aldermen c. were called in to give an Answer to the Proposition for lending 40000 l. and the Lord Mayor signified That he hath already prepared 34500 l. part of the 40000 l. and the full Sum will be made up this night and further he acquainted the House that he hath received 18000 l. of the Poll-mony For which service and readiness in this business the Speaker gave the Lord Mayor and Aldermen and the rest thanks from this House The Earl of Bath reported the effect of the Conference about disbanding that the Commons delivered these four Resolutions Earl of Bath reports the Conference about disbanding 1. That the Ninth day of August next shall be the day appointed for the marching away of the Scots Army 2. That the mony due for relief of the Northern Counties is ready and that if they shall desire any reasonable assistance for the conveying of it they will be ready to assist them in the best manner they can 3. The House of Commons desires that the English Lords Commissioners may move the Scots Commissioners to put off the time for the payment of the 80000 l. part of the Brotherly Assistance till the first day of September next and that notwithstanding they will pay it sooner if they can 4. That after the Scots have declared their Assent of disbanding that then our Army shall be disbanded with all possible speed and the Horse to be first disbanded Upon which it was Ordered That this House doth agree with the House of Commons in all the aforesaid Resolutions and do further Order That the Lords Commissioners do resume the Treaty with the Scots Commissioners and prepare it for a Conclusion After the Conference with the Lords about the Disbanding the Commons fell into Debate concerning the Kings Journey into Scotland and it was Thursday July 29. Votes to desire a Vice-Roy during the King's absence in Scotland Resolved c. That the Lords be desired by this House in a Conference to joyn with this House in a Petition to His Majesty to appoint a Custos Regni or Locum tenens during his Absence out of this Kingdom and amongst other things in special to give him Power to give the Royal Assent in Parliament and to do such things as the King might do if he were present Resolved c. That His Majesty be likewise Petitioned That an Act of Parliament may pass to this Effect That such Commission shall not be repealed until His Majesties return from Scotland to the City of London or Westminster or be present in full Parliament Which two Resolves were communicated to the Lords at a Conference Upon Information this Day unto this House That Sir George Radcliff being now a Prisoner in the Gate-House Sir George Ratcliff has liberty to take the Air. was indisposed in his Health by reason of the closeness of the Place where he remaineth and that he was an humble Suitor to their Lordships that he might receive the Favor to go into the Fields with such Keepers as their Lordships should think fit It was Ordered That the said Sir George Radcliff shall have the Liberty by Virtue of this Order to go into Chelsey Fields or any other Fields near thereabout to take the Air for his Health at such times as he shall desire it The Earl of Bristol Reports the Scots Answer about the disbanding their Army which was read in haec verba Scots Commissioners Answer about disbanding the Army Whereas the Removal of the Scottish Army is desired against the 9th of August upon the Receipt of a Paper from your Lordships of the 22 of July we did immediately represent the same to the Lord General and Committees from whom we expect very satisfactory Answers by the Earl of Dumserling and Lord Lowdon and for hastning the disbanding we did in our Answer of the 21st of July desire that the Arrears might be then delivered and sent to New-Castle that we might finish our Accounts and pay our Debts in those Countries and be better prepared for our Disbanding but we conceive that the not timous delivery of the Arrears shall prove the greatest Impediment in our removal therefore We do remit to the Parliaments consideration to take some speedy course for sending of the whole Arrears As for the delay of the Payment of the 80000 l. we have also represented the same unto the General and Committees according to the days mentioned in our Paper of the 22 of July whereof we do expect an Answer by the Earl of Dumserling and the Lord Lowdon The Bill against Ship-Money being read a third Time this Day Act against Ship-Money passed the Lords Lord Majors Cause heard and referred and put to the Question it was resolved to pass for a Law After which the Lord Major and Aldermen and Commons of London were called in and asked Whether they had composed the Differences between themselves concerning the Election of the Sheriff But it being Answered That they had a meeting about it yet could not agree This House took the Cause into Consideration having heard the Objections on both Sides and at last appointed these Lords Committees viz. Lord Privy Seal Lord Chamberlain Earl of Bath Earl of Bedford Earl of Bristol to try if they could accommodate the difference between them and settle Peace amongst them if not to report the same to this House And their Lordships or any five or more to meet at 5 of the Clock this Afternoon in the Painted Chamber and the Lord Major and Aldermen and some of the Commons to be present Mr. Bagshaw Reports the Articles against the Bishop of Bath and Wells which were all read but are not entred in the Journal Friday July 30. But that the Reader may see they were of the same Leven with those against the Bishop of Ely and that indeed the Crime was being a Bishop I will subjoyn some Articles which an Informer one Mr. James a Minister in his Diocess exhibited against him whereby it will appear
and misdemeanors before expressed and do therefore pray that they may be forthwith put to their answers in the presence of the Commons and that such further proceedings may be had against them as to Law and Justice shall appertain Whether the Lords were satisfied with this Declaration of the Commons Reasons about the Protestation is uncertain but however they were satisfied that the Commons were Resolved to have it so with or without their Consent month August 1641. and possibly they saw that had they opposed a thing then so Popular as this was the inraged Commons would have impeached the greatest number of them who had opposed it as well as they did the Bishops or at least have exposed them to the Popular Rage of the Tumults as they did the Straffordians and by that means have excluded them the House without the help of either a Votâ— or Bill And from this Speech I am assured the most Partial Reader may easily satisfy himself what was the Original Design and Intention of this Solemn Protestation which at first appeared so harmless and Innocent that even many of the Bishops themselves took it For that it was not Religion but a perfect Politick Stratagem to enable the Faction to accomplish their long intended Design of altering the Government this Speech makes evident beyond the Possibility of Doubting it was to be the Shibboleth of the Party and the Character of Persons fit to be trusted with Offices and Power both in Church and State Thus did these Politicians stalk with Religion and make use upon all Occasions of that Sacred and Venerable Name the better to gain the Esteem of the People and to be able by their power more effectually to accomplish their own Designs Mr. Pym Reports the Conference with the Lords about disbanding That the Earl of Bristol was pleased to say Report of the Conference about disbanding That the Business he was to speak of was of great Importance and that no other Business but would be delayed at less Charges then this might be That the Lords Commissioners propounded to the Scots Commissioners to march homewards the 9th of August but many of them being then out of Town their Answer was uncertain but now my Lord of Lowdon being returned out of Scotland the Commissioners met yesterday and they gave this Answer It is impossible for them to return the 9th of August or any other prefixed Day because the removal of their Army depends upon the whole Arrears due to them from Vs and of 80000 l. part of the Brotherly Assistance which was promised by Vs they should receive and without this they could not disband their Army yet undertake that though there be no prefixed Day yet within 48 Hours after Payment of the Monies at New Castle they would not stay under any Roof till they were out of the Kingdom It was proposed to them to receive the 80000 l. the 10th of September My Lord Lowdon returned this Answer That there is an absolute impossibility to give Satisfaction to their Army to march away unless they have with their Arrears the 80000 l. for that they are in debt to their own Army 30000 l. which must be paid now And he further added That nothing but an impossibility should make them stick at any thing the Parliament doth desire My Lord of Bristol said further in his own Name and the Name of the Lords Commissioners for England That it was fit for both Houses to joyn together to pluck up this Business by the Roots He said That whereas there is about 28000 l. Debt due from the Scots to the County Palatine of Durham and New-Castle Certified under the Commissaries Hands that they would be content that that Summ might be deducted out of the 80000 l. here if the Country will be Content to be paid by the Parliament and desired that a Letter might be sent to the Commissioners of those Counties to treat with the County to get their consent accordingly He said further That this matter did not stand upon one string there is another matter which is concerning the Treaty the Commissioners being now returned have brought word that the Parliament in Scotland have viewed and passed the Treaty only some few things of Explanation altered some other things there were wherein they were not fully satisfied â—n their demands yet have declared this should breed no difference but would leave it to be settled by Commissioners at better leizure And so they have agreed this day to meet to Collate the Treaty and have resolved to draw it into the form of an Act of Parliament and they hope to finish it within a day or two The next thing was for the Security of the 220000 l. behind of the Brotherly Assistance and this was yielded to in the general having formerly signed this therefore desire this House to hasten the Bill for the Security for the payment of this Mony and that some 5 or 6 be named of the Commissioners to whom they might resort for the same and the rather to hasten this because the King takes his Journey on Monday for Scotland This being after the Conference debated in the House of Commons Sir William Darcy Sir John Conyers Mr. Hallyman Mr. Selwin and Mr. Lilburn undertake that the Country would not only accept payment of the Billet from this House but will thank this House if they shall please to appoint any such Course for the payment of the Billet Whereupon it was agreed That the House will undertake it and pay 28000 l. in November next or sooner Mr. Speaker to write Letters to this purpose for the consent of those Counties It was also Ordered That the Knights Citizens and Burgesses endeavour to expedite the gathering in of the Poll-mony in their respective Counties and Places and the sending up what is received Upon the Petition of the Lady Margaret Wotton Baroness of Marleigh Order about the Lady Wotton a Recusant Peeress complaining of an Indictment and Conviction of Recusancy prosecuted against her contrary to the Priviledges of Parliament It is Ordered That a Certiorari do issue forth to Return the Indictment into this House and that a Writ of Errour may also be brought to Reverse the Conviction if any Error shall be found therein whereupon their Lordships will proceed according as they shall think fit The Report of the Conserence about the Impeachment of the Judges The Lord Bishop of Lincoln reported the Conference with the Commons concerning the Judges to this effect That the House of Commons had formerly brought up six Impeachments against six several Judges one whereof was for High-Treason the proofs of which Impeachment will not arise from Witnesses but out of Records which have been Voted by this House already to be illegal c. It was further said That the House of Commons do understand that several Commissions are lately made to these several Judges who are Impeached for several Misdemeanours to go Circuits in several
recommend to the Parliament the Care of the Disbanding the Horse that the Soldiers may be repaid the Money which hath been taken from them for their Arms that so Armed Men may not disperse themselves to the disturbance of the Kingdom and that the Arms may be restored to the Magazins for the Defence of the King and Kingdom A Proclamation was accordingly issued out as follows By the King A Proclamation for the Peaceable and Quiet Passage of the Troops of Horse to be Disbanded in the North Parts WHereas His Majesty by the Advice of His Parliament His Majesties Proclamation about disbanding the Horse Aug. 8. 1641. hath given Order for the speedy Disbanding of the Troops of Horse that are or lately were part of His Majesties Army in the Northern Parts of the Kingdom His Majesty in his Princely Care of the Quiet and Safety of His Subjects doth by this His Proclamation strictly Charge and Command that none of those Troops or Souldiers after they are Disbanded do Travel together or gather or continue together above six in a Company under the Penalty of being proceeded with as Disturbers of the Publick Peace And doth hereby likewise straitly Charge and Command all Sheriffs and Iustices of Peace of the Counties thorow which they shall pass or whither they shall come that they fail not to take Care that the General peace and quiet of His Majesties Subjects be not disturbed by any of the said Troops or Souldiers And that none of the said Troops or Souldiers do stay or abide above one Night in a place unless it be in Case of Sickness or other great Necessity during the Time of their Travel Given at the Court at White-Hall the Eighth Day of August in the seventeenth Year of the Reign of Our Soveraign Lord CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. God save the KING The Lord Privy Seal Reported the Opinion of the Judges concerning the Custos Regni The Judges Opinion about a Custos Regni and the Commission to pass Bills in the King's absence 1. Concerning the Custos Regni they know not how to deliver any Opinion it being of so high a Consequence 2. Concerning the Commission they hold it good if it be fortified and backed with an Act of Parliament Whereupon it was Ordered to be communicated to the House of Commons at a Conference The ACT for the Confirmation of the Treaty of Pacification between the Two Kingdoms of England and Scotland The Act of Pacification passed the Lords House was read a third time and being put to the Question it was Resolved to pass as a Law And sent down to the Commons by Justice Forster and Justice Heath MEmorandum Thanks given to the Lord Commissioners and particularly the E. of Bristol for the Treaty Bill for taking away purveyance read the first Time This House this day gave Thanks to the Lords Commissioners for their great Pains and Care bestowed in the Treaty between Vs and the Scots and particular Thanks was given to the Earl of Bristol for his Service done to this Kingdom therein The Bill for taking away of all manner of Purveyance was read the first time The Commons then sent to desire a present Conference with the Lords about the King 's putting off his intended Journey into Scotland for 14 dayes longer At which Mr. Hollis delivered the Reasons of the Commons Desire in that particular in this manner My Lords I Am Commanded to put you in mind what hath passed upon this occasion before Reasons for the Kings deferring his Journey for 14 days at a Conference August 7. 1641. concerning the Kings Journey to Scotland That both Houses did Petition his Majesty not to begin his Journey till the Tenth of August and to acquaint the Scots Commissioners therewith who afterwards desired this House to express their Resolutions in the affirmative upon which the House of Commons passed a Resolution That then if his Majesty pleased to go they would submit unto it I am Commanded to declare unto your Lordships That the House of Commons is desirous to submit unto his Majesties good Pleasure in all things but such is the present condition of this business as it now standeth that they are enforced to present some further Considerations to your Lordships First That when they gave this Assent they were in hope both Armies would have been Disbanded by that time but though there hath been all possible means used to that end yet it could not be effected so the same Inconvenience doth still continue Secondly The Treaty cannot in so short a time be finished being returned from Scotland but three dayes since but since it is ready to be finished and Moneys are provided the Armies will be Disbanded by that time we desire his Majesty to take his Journey Thirdly The Distempers and Joalousies of the Kingdome are such that they cannot be composed by passing some Acts unless his Majesty stay the desired time Fourthly No course is yet taken for the Government of the Kingdom in his Majesties absence there being so many Weighty Things to be taken into Consideration Upon these Reasons the House of Commons have thought fit to move your Lordships to joyn with Us in a Petition to his Majesty to stay his Journey for 14 dayes longer and we make no doubt but our Brethren in Scotland will consider the Streight we are in and for our Safety condescend to our Desires And if his Majesty yield thereunto then we shall desire your Lordships to joyn with us by some express Messenger to the Parliament in Scotland for the King's stay for that time which we hope will give them Satisfaction After which Mr. Hollis reported the Conference from the Lords That the Lord Say told them They had taken into Consideration the Desires of this House and that the Lords would joyn with this House to Petition his Majesty to be pleased to stay yet 14 days if it may stand with the Ingagement he has made to that Kingdom however that he may stay till Tuesday Night 6. of the Clock which they are sure will stand with his Ingagement but they conclude nothing in this matter till they had first heard from this House This was not at all Satisfactory to the Commons who thereupon put it to the Vote it was Resolved c. That this House shall insist upon the former Desire for his Majesties stay for 14 dayes But while they were in this Debate and Messages went to and fro between the Two Houses the King came to the House of Lords and the Gentleman Usher of the Black Rod was sent to give the Commons notice of the King 's being there in order to the passing several Bills The Publique Bills were Bills passed by the King 1. An Act against divers Incroachments and Oppressions in the Stannery Court 2. An Act for securing Money to the Northern Counties c. 3. An
Act for prevention of vexatious Proceedings touching the Order of Knighthood 5 An Act for the better Ordering and Regulating of the Office of the Clerk of the Market allowed and confirmed by this Statute and for the Reformation of false Weights and Measures The Private Bill was An Act for the assuring a Messuage called Duresme House aliàs Durham House and certain Stables part of the Possessions of the Bishop of Duresme situate in the Parish of St. Martins in the Fields in the County of Middlesex unto the Right Honorable Philip Earl of Pembroke and Montgomery and his Heirs and of a yearly Rent of 200 l. per Annum to the said Bishop of Duresme and his Successors in lieu thereof Then his Majesty took his leave of the Parliament telling them He hoped to give good Expedition in disbanding both Armies and that he would make what haste he could if possible to return before Michaelmas Declared and Voted by this House Nemine contradicente Declaration of the Lords abount the choice of their Speaker That the certain and undoubted Right of this House to chuse their Speaker and that the Speaker is not to depart when this House sits without the leave of this House and that this Order be added to the standing Orders of this House The Lords Commissioners reported Propositions of the Scottish Commissioners about Difficulties of their Army marching away Aug. 10. 1641. That the Scottish Commissioners desire them to represent to the King's Majesty and the Parliament That in respect of the great Rain which hath fallen in the North whereby the Cannon cannot be carried through Kynsidmire nor can the Scottish Army cross the River Tweed his Majesty may be graciously pleased with consent of the Parliament to permit the Scottish Army to March through Berwick since there is no other Passage But for all they were our dear Brethren of Scotland neither the Lords nor Commons were without Jealousy of them as appears by these following Particulars The House of Lords taking this desire into Consideration did appoint the Lords Commissioners to speak with the Scots Commissioners and propose unto them the making of a Passage for their Army over the Tweed with a Bridge which the Lord General shall have Order to make The Old Proverb is Make a Retreating Enemy a Bridge of Gold they had made the Scots a Bridge of Silver which Cost England above a Million of Money and now they were very willing to see them gone To which purpose at a Conference this Day the Commons acquainted the Lords That whereas formerly it was intimated at a Conference Report of the Conference about the Scottish Army That the Scottish Commissioners declared that their Army would draw themselves into a Camp and begin to March away out of this Kingdom within 48 Hours after they had received the Monies of Arrears at New-Castle and the 80000 l. in part of the Brotherly Assistance and had Security for the Payment of the rest the House of Commons having now paid them all their Arrears at New-Castle and 80000 l. in London and have performed all that was agreed to be performed by them they desire that the Lords Commissioners may move the Scots Commissioners in the Name of both Houses of Parliament that their Army may march away according to their Promise And further that the House of Commons desires this House would joyn with them to write Letters to the Lord General of the Kings Army to disband the Horse and Foot presently that so Peace may be setled and all Jealousies removed Whereupon it was Ordered by the Lords Order of the Lords for Exemplifying the Acts for Pacification and Brotherly Assistance that this House will joyn with the Commons in the Desires of this whole Conference It was also this day Ordered That the two Acts of Parliament the one for the Brotherly Assistance the other for the Confirmation of the Treaty between the Two Kingdoms shall be transmitted into the Chancery by Writs of Certiorari directed to the Clerk of the Parliament and shall be Exemplified by the Clerks of the Petty Bagg in a Secretary Hand and this to be the Warrant in that behalf The House after their return from the Lords House Commissioners to be sent into Scotland fell into Debate about sending some Commissioners from either House into Scotland and accordingly it was Resolved c. That some Commissioners shall be sent into Scotland for these Purposes authorized by both Houses to see and take Care that the Acts that concern this Kingdom be perfected in the Parliament of Scotland and from time to time to give his Majesty a true understanding of the Proceedings of the Parliament here the Lords to be moved to joyn in Petition to move the King for it The Bill for Tonnage and Poundage passed and Mr. Solicitor was sent up with it to the Lords to desire That this Bill may pass by special Commission and that it may be so contrived that the Bill may pass before the King is gone out of the Kingdom And it was immediately read three times successively in the Lords House and passed as a Law Nemine contradicente This Day the King set forward in the Afternoon upon his Journey to Scotland accompanied with the Prince Elector the Duke of Lenox The King sets forward his Journey to Scotland Wednesday August 11. now created Duke of Richmond and the Marquiss Hamilton A Letter was this day read in the House of Commons to be sent to the Earl of Holland to give Order for the speedy disbanding of the rest of the Army both Horse and Foot Message to the Lords about the Bishops that were impeached A Message was sent to the Lords to desire That the Bishops may be put to a present Answer in the Presence of the Commons as was formerly desired the House of Commons being ready to make good their Accusation and Sir Arthur Haslerig to go up with this Message and to desire a Conference about it Mr. Glyn reports the Conference with the Lords about the Bishops That the Lord Privy Seal told them The Lords Answer about the Impeachment of the Bishops That some Daies since they had received an Impeachment against the Bishops delivered at the Bar by Word of Mouth accusing them of many great Crimes and Misdemeanors and that this House did desire that the Bishops may be put to a present Answer at the time when the Impeachment was delivered They were Matters of great Consequence and coming from the House of Commons they were very curious not to proceed but in a Parliamentary Way upon good Consideration whereas the Charges were in general only He said further There were two Ways of proceeding there by transmission from this House or by a Charge by Word of Mouth in this latter the Course is to appoint some of the Kings Council to draw up particular Charges out of the General that they would proceed no wayes till they had
first acquainted this House therewith And they further desired this House to consider whether this House would stand to the Charge they have already transmitted The Earl of Bristol Reports certain Propositions or Memorials which were delivered to the Lords Commissioners from the Commissioners of Scotland Memorials from the Scottish Commissioners and Answers to them as are fit to be perfected upon the Treaty as also the Lords Commissioners Answers to them Prop. 1. I. THe Exemplification of the Treaty and of the Act for Securing the Remainder of the Brotherly Assistance to be writ in Secretary Answer To this it was Answered That it is already Ordered as is desired Prop. 2. II. That a Commission may be granted from the Parliament for Examination of Witnesses in the Process of Incendiaries conform to the Paper given to the Earl of Bristol Answer The Second is referred to the Lord Mandevil's Care Prop. 3. III. A Licence to the Army to March through Berwick because the Waters are out that they cannot march over the River of Tweed and so cannot appoint a certain day for the passing over Answer This is to be propounded to the Houses of Parliament Prop. 4. IV. To get an Order for delivery of 42000 l. part of the 80000 l. and that the remainder of the 80000 l. detained for payment of what is due to the Northern Counties may be secured by Order of the Parliament so as it may Release the Scots at the Counties hands if so much shall be found justly owing unto them by those who are entrusted on both sides with the Accounts and if there be not found so much justly owing to the Counties that the overplus be paid to the Scots and that they may have Acquittances from the Counties Ans wer This is or shall be presently performed by the Earl of Warwick Prop. 5. V. That the time for the removing the Scottish Army is to begin after the Receipt of the Arrears and Payment of the 80000 l. in manner aforesaid and that it is conceived the same will be paid unto them before the 15 day of August and that they have 5. dayes thereafter to draw the Army together in one Body at a Rendevouz and making themselves ready with all their Necessaries to march and there is thereafter five dayes allowed them to march to Scotland which will be the 26th of August Instant during which space the Maintenance of the Army of 850 l. per diem for Relief of the Northern Counties is to be allowed and paid before the Army March Answer The dayes in particular are to be set down by the Parliament Prop. 6. VI. To condescend that the Commission for Conservation of the Peace and the Commission for the Treaty concerning Trade and Intercourse betwixt the Two Kingdoms do go on all the remanent Articles to be referred to that Treaty Answer Order shall be given accordingly and that the Lord Mandeville will take care Prop. 7. VII To think upon the Warrant and manner of recalling the Declarations and Proclamations made against His Majesties Subjects of Scotland and the manner and time of the public Thanksgiving for the happy Peace and Union of the Kingdoms Answer It shall be moved to the Parliament that Order may be taken accordingly but the Scots to be over the Tweed first Prop. 8. VIII That Order be given to the Northern-Counties for carrying their Artillery Ammunition and Baggage to the River of Tweed Answer It may be recommended to the Gentlemen of those Counties to Write their Letters for the performance of what is desired After which the House of Lords agreed to all these Propositions and Answers Then a Letter from the Speaker of the House of Lords to the Lord General was read as follows May it please your Excellency YOur Excellency hath lately received Order from the House of Lords Assembled in Parliament for the speedy Disbanding of the Horse of His Majesties Army which they hope is in good forwardness The Letter from the Lords to the Lord General Aug. 11. 1641. His Majesty hath now given His Royal Assent to the Acts for the conclusion of the Treaty and the securing the remaining part of the Brotherly Assistance and all the Arrears due to the Scottish Army are upon the way to New-Castle I am therefore commanded by the House of Lords to convey to your Excellency their earnest desires that you will with all possible speed Disband all the Regiments of Foot and the Train of Artillery of His Majesties Army His Majesty hath been pleased Graciously to declare his Royal Assent therein and your Excellency will herewith receive Order for the doing thereof I shall only add that the Scots Commissioners are engaged to the Parliament that immediately upon the Receipt of those Arrears their Army shall march away to Scotland for which their General hath received a Command from the Parliament of Scotland This House being very confident of your Lordships care in the present business do promise to themselves a speedy and a happy conclusion thereof for which your Excellency may justly expect their Hearty thanks and that it will be an acceptible Service to His Majesty as may appear by His Majesties Message to this House a Coppy whereof you will receive herewith which as by the Command of this House is sent by 11 Aug. 1641. Your Excellency's humble Servant c. Serjeant Whitfield and Sir Edward Leech being sent this day by the Lords to desire a Conference by a Committee of both Houses touching the Final Conclusion with the Scots Thursday August 12. the Earl of Bristol reported the Heads of the Conference which he was Ordered to deliver to the House of Commons 1. To let the House of Commons know Heads of a Conference for a Final Conclusion with the Scots That the 7th of September next is thought to be a fit day for Publick Thanksgiving for both Kingdoms for the Conclusion of the Pacification 2. To know from the House of Commons What dayes are to be allowed for the Marching away of the Scots that the day of their passing over Tweed may be certain they being to be paid until the 25th of August 3. To let the House of Commons know That the Exemplifications of the Acts concerning the Treaty and Publique Faith are both passed under the Great Seal and delivered 4. To desire them to joyn with this House That the Scots may be moved for the delivering of the Arms and Cannons at Newcastle to his Majesties Officers 5. To let them know That the Scots desire that there may be a Warrant granted for the Transporting of 30000 l. in Money by Sea 6. To know of them what Course is to be taken for the perfecting the Treaty in Scotland 7. To let them know That the Scots desire to pass with their Army by Berwick Bridge and in such sort as shall be for the Safety of that Town as shall be agreed upon by their General and the Governor of Berwick 8.
That the Scots desire that an Order of the House of Commons may be made for the repaying of the 28000 l to the Bishoprick of Durham and the Town of Newcastle that the Scots may deliver the said Order for their Discharge These 8. Heads being proposed to the Commons at a Conference the next day being August 13. they gave these Answers 1. To the First concerning the 7th of September to be the Day for Thanksgiving for both Kingdoms they have agreed to it 2. To the Second For the Scots Army passing over the Tweed the 25th of August agreed to 4. To the Fourth That the restoring of the Ordnance at Newcastle and that the Arms and Munitions may be all restored or paid for to be recommended to the Scots Commissioners Agreed to 6. To the Sixth Concerning seeing the Treaty to be finished in Scotland They desire that Commissioners may be sent from both Houses of Parliament to see the Treaty performed and to settle the Peace of both Kingdoms 7. To the Seventh Touching the Scots Army Marching through Barwick agreed to be in such sort as shall be appointed and settled there with the General and Governor of Barwick 8. To the Eighth touching the Order for paying the 280000 l. to the Bishoprick of Durham and the Town of Newcastle the House of Commons hath made an Order to that purpose and they will deliver it to the Earl of Warwick to be delivered to the Scots Commissioners The Commons fell this day into debate about Mr. Percy Sir John Suckling and Mr. Jermyn and it was urged That it would be made good by several Acts of Parliament and other Presidents That to conspire or indeavor to compel the Parliament to any thing is Treason And after long canvasing of the Matter it was Resolved c. Votes that Sir John Suckling Mr. Jermyn and Mr. Percy shall be charged with High-Treason That Sir John Suckling upon the whole matter shall be charged by this House with High-Treason Resolved c. That Mr. Henry Percy shall be charged with High-Treason Resolved c. That Mr. Henry Jermyn shall be charged with High-Treason The House of Commons being it seems now better Instructed since the last Conference with the Lord Privy Seal Friday August 13. fell upon the further Impeachment of the Bishops which was thus Reported by Serjeant Wild. WHereas the Knights Further Impeachment of the Bishops Citizens and Burgesses of the Commons House of Parliament have lately impeached the several Bishops hereafter named that is to say Walter Bishop of Winchester c. before your Lordships in this Parliament of several Crimes and Misdemeanors in Contriving Making Promulging and Executing several Constitutions and Canons Ecclesiastical and by granting a Benevolence or Contribution to His Majesty contrary to Law Now the said Commons do further declare to your Lordships that the said Canons Constitutions and Grant of a Benevolence contained in two several Books the one Intituled the Constitutions and Canons Ecclesiastical treated upon by the Archbishops of Canterbury and York Presidents of the Convocations for the respective Provinces of Canterbury and York and the rest of the Bishops and Clergy of those Provinces and agreed upon with the Kings Majesties License in the several Synods begun at London and York Anno Dom. 1640 and in the Year of the Reign of Our Soveraign Lord King Charles by the Grace of God King of England Scotland France and Ireland the 16. the other Intituled a Grant of the Benevolence or Contribution to his Most Excellent Majesty by the Clergy of the Province of Canterbury in the Convocation or Sacred Synod holden at London An. Dom. 1640. Which Things I am commanded by the House of Commons to deliver to your Lordships and further to declare to your Lordships That all and every the said Canons and Constitutions and Grant of Benevolence and the Contriving Making Publishing and Executing of the same and every of them were and are contrary to the King's Prerogative the Fundamental Laws and Statutes of the Realm the Rights of Parliament the Propriety and Liberty of the Subject and tending to Sedition and of dangerous Consequence and were so Contrived Made Promulged and Executed to the great Oppression of the Clergy of the Realm and others his Majesties Subjects and in Contempt of his Majesty and of the Laws and do pray as they did before that the said Bishops may be forthwith put to their Answer in the Presence of the Commons and that such further Proceedings may be had therein as to Law and Justice appertains The Scots Commissioners having desired a Commission to Commissioners of both Nations for Examination of Witnesses about Incendiaries and having given the Names of such of their Nation as they desired might be in the Commission It was Ordered by the House of Lords Order for a Commission to examine Witnesses about Incendiaries That the Clerk of the Crown shall Issue out a Commission under the Great Seal of England and the Lord Keeper is to Seal it accordingly by Virtue of this Order which Commission is to be directed to the Lord Keeper the Lord Privy Seal the Earl of Warwick the Lord Viscount Say and Seal Lord Wharton and the Lord Kimbolton To the Lord Lowdon Sir Patrick Hepbourn and John Hepbourn and John Smith Esquires to joyn with several Members of the House of Commons or any five of them to examine Witnesses touching Incendiaries concerning both Kingdoms of England and Scotland The Business of paying the Billet Money in the several Quarters where the Scots Army had lain came into debate and it was Resolved House of Commons undertakes to pay the Scots Billet c. That the House of Commons undertakes to discharge our Brethren the Scots of these Summs and to pay the said Counties viz. Â l. s. d. To the County Palatine of am 26663 13 10 To the Town of New-Castle 2000 00 00 To the County of Northumberland 10224 06 10 Total 38888 00 08 Mr. Pym Reports Money paid for the Q. Mothers Journey That he had paid Seven Thousand Pounds to the Earl Marshal for dispatch of the Queen-Mother out of England Captain Chudleigh being Examined concerning the matter of the Army Capt. Chudleigh's deposition against Mr. Jermyn Mr. Perce c. saith That Sir John Suckling told him That he should not depend upon what Commissary Wilmot Col. Ashburnham or Captain Pollard said for they had quitted their Affection to the Army and fallen into a Parliamentary wayâ— This in the Month of March before Col. Goring went to Portsmouth He saith further That he could not conjecture by any Discourse that Ever he had with Mr. D'avenant that he knew any thing of any Design of bringing up the Army only by the Discourse he had with him he could discover an affection to the Army and that he charged him alwayes to keep all our Discourses between us secret because the Times were dangerous All this discourse he had with
Councel for his necessary Defence in Point of Law which may happen upon the Matter of High Treason of which he is impeached and in Point of Law and Fact upon the Matters of Misdemeanors of which he is Impeached That for the few Daies until the time of his Tryal he may remain in the Custody of the Sheriff of London where he hath remained a true Prisoner for almost three Quarters of a Year in whose House all his Collections and Papers are for his Defence And that he may have your Lordships License to go with a Keeper to Serjeants Inn to look out some Papers which he hath there and shall have Occasion to produce at his Tryal as also there to Confer and Advise with such Councel as your Lordships shall please to admit or Assign unto him And your Petitioner according to his bounden Duty shall allways pray for the continuance of your Lordships Honor and Happiness c. The Names of such Councel as your Petitioner most humbly desires are The Princes Attorney Mr. Recorder of London Mr. Herne Mr. Thorp Mr. Fountain Mr. Bierley Mr. Lightfoot Mr. Brome Subscribed Robert Berkley Before the House resolved of any Answer herein The Bishops withdraw being a mixt Charge the House was Adjourned into a Committee to consider whether the Bishops should not withdraw during the Agitation of this Business it being a mixt Charge of Treason as well as Misdemeanor after a long Debate the House was resumed and it was agreed That the Matter of Treason should be first Ordered at which the Bishops are to withdraw and when the Matter of Misdemanor come into Agitation they are to come into this House again to their Places Hereupon the Bishops withdrew themselves and after a long Debate it was Ordered That Mr. Justice Berkley shall have a Warrant for to bring such Witnesses as he shall have Occasion for to testifie for him at his Trial in Matters of Misdemeanors but not in Matters of Treason Then the Lords the Bishops were called in and the Lord Keeper declaring unto them the Sense of this Order they gave their Consents thereunto And further it was Ordered That the Princes Attorney Mr. Recorder of London Mr. Herne Mr. Bierly Mr. Thorp shall be assigned of Council for Mr. Justice Berkley in Point of Law which may happen upon the Matter of Treason and in Point of Law and Fact upon the Matters of Misdemeanor at his Trial the second of November next And that the said Justice Berkley shall still remain in the Custody of George Clerk Esquire one of the Sheriffs of the City of London where he is now and that he have Liberty to go to Serjeants Inn in Fleet Street one Day when he shall think good with his Keeper to look out some Papers which he hath there and shall have Occasion to use at his Tryal Then Mr. Justice Berkley was called in and the Lord Keeper pronounced the aforesaid Order to him for which he gave their Lordships most humble Thanks Mr. Warwick Reports Five Conge de Estires for new Bishops to be petitioned to be stayed That there were Directions given from his Majesty for the drawing up of Five Conge d' Eslires for the making of Five New Bishops viz. Dr. Prideaux Dr. Brownrick Dr. Holdsworth Dr. Winniff and Doctor King Upon which Mr. Strode moves the House to send up a Message to the Lords to desire them to joyn in Petitioning his Majesty for the staying the making of these new Bishops till the Charge against the other Bishops was dispatched This day Information was given into the House of Lords that since the Act for bounding the Forrest many Riots were committed upon the occasion of killing of Deer pretending they were not within the Bounds of the Forrest and that in Oxfordshire in one of those Fraies a Keeper was killed It was also moved that the Bill for disabling Persons in Holy Orders from exercising Temporal Jurisdiction might not be read at present it having been voted against as to the Substance in a former Bill this Sessions but it was Ordered to be read a second time to morrow Morning peremptorily Mr. Pym Reports the Reasons for Excluding the Thirteen Bishops Wednesday October 27 in Order to the delivering them at a Conference with the Lords and desires that Mr Solicitor may have the mannaging of the Business On the other Side Mr. Solicitor excused himself and desired that Mr. Pym might manage it whereupon it was to end the Contest Ordered That Mr. Pym and Mr. Solicitor should have the mannaging of the whole Business concerning the Bishops and accordingly they did so at a Conference with the Lords upon this Subject The Lord Privy Seal Reported the Conference yesterday with the House of Commons concerning Bishops viz. Mr. Mr. Pym's Speech at the Conference about Excluding the Bishops from Voting in the Case of the 13 Bishops impeached Oct. 27. 1641. Pym declared from the House of Commons That there is nothing of greater importance to the safety and good of the Kingdom then that this High Court of Parliament which is the Fountain of Justice and Government should be kept pure and uncorrupted from Corruption free from Partiality and by-respects this will not only add Lustre and Reputation but Strength and Authority to all our Actions Herein he said your Lordships are specially interessed as you are a Third Estate by Inheritance and Birth-right so the Commons are publickly interessed by Representation of the whole Body of the Commons of this Kingdom whose Lives Fortunes and Liberties are deposited under the Custody and Trust of the Parliament He said The Commons have commanded him and his Colleague Mr. Solicitor General to present to your Lordships two Propositions which they thought very necessary to be observed and put in Execution at this time 1. That the 13 Bishops which stand accused before your Lordships for making the late pretended Canons and Constitutions may be Excluded from their Votes in Parliament 2. That all the Bishops may be suspended from their Votes upon that Bill intituled An Act to disable all Persons in Holy Orders to exercise any Jurisdiction or Authority Temporal The first of these is committed to his Charge and he said he was commanded to support it with three Reasons First That the 13 Bishops have broken that Trust to which every Member of Parliament is obliged which Trust is to maintain 1. The Prerogative of the King 2. The Priviledge of Parliaments 3. The Propriety of the Subject 4. The Peace of the Kingdom And this Trust they have broken not by one Transient Act but by setting up Canons in Nature of Laws to bind the Kingdom for ever That the Canons are of this Nature appears by the Votes of both Houses and that they were all Parties to the making thereof appears by the Acts of that Synod The Book it self the Commons cannot tender to your Lordships because they sent for it but he that hath the Book in Custody
the 5th day of October having regard therein to the day of the Week whereon that day did fall which was the Saturday being the Market day on which day there would be less Notice taken of people up and down the Streets Then began a question who should be deputed for the Surprisal of the Castle and then Mr. Moore said he would be one of them himself and that Colonel Bourne should be another and what other Gentlemen of Lemster they could procure to joyn with them and seeing the Castle had two Gates the one the great the other the little Gate going down to my Lord Lieutenant's Stables hard by which Stables without the Castle was the Store-House for Arms they of Lemster would undertake one Gate and that should be the little Gate and the great Gate should be undertaken by those of Vlster and said he of necessity one of you both meaning Sir Phelim and me must be there for the meer countenance of the matter it being the glory of all our proceedings and all that his Speech was well liked of all present But Sir Phelim would be exempted from that employment and so would I but then all of them set on me desiring me to be one alledging for Reason that their Proceedings and Resolutions were very honourable and glorious it being for Religion and for to procure more liberty for their Country as did say they of late Scotland and that in taking the Castle consisted all the glory and honour of the said Act all which should be attributed to them which should be imployed therein and so by consequence all or most part to be there being as they said the chief in that Enterprize and more Sir Phelim said that he would endeavour to take or procure others to take Londonderry the same day and if he should be away that place would not be taken with these and many other perswasions they obtained my consent and then the Captain offered himself they began to think what number should be imployed in that Act and they concluded on Two Hundred Men one Hundred from each Province for those Gates which they seize on of which number Sir Phelim O Neale should send forty with an able sufficient Gentleman to conduct them And likewise Captain Neale twenty Mr. Mac Mohone Mr. Reyly ten more and I should bring twenty two then began a doubt how they should raise those Men and convey them to Dublin without suspicion and it was answered that under pretence of carrying them to those Colonels that were conveying Soldiers into the Kingdom it might safely be done and to that purpose Sir Phelim O Neale Mr. Moore and the Captain had several blank Patents with Deputations to make Captains to those Colonels which they sent to those that should send men to Dublin for the more colour they bethought of what was to be done in the Country that day and it was resolved that every one privy to that matter in every part of the Kingdom should rise up that day and seize on all the Forts and Arms in the several Counties to make all the Gentry Prisoners the more to assure themselves against any averse fortune and not to kill any but where of necessity they must be forced thereunto by opposition and that those that were appointed for taking of the Castle should observe and in particular the Gentry All their Army in Vlster to take that day Londonderry which Sir Phelim did undertake and Knockfergus which they thought Sir Henry Mac O Neale would do and to that end Sir Phelim's Brother Torilagh O Neale should be sent to them and the Newry which should be undertaken by Sir Conne Magennis and his Brothers for whom Sir Phelim in regard they were his Brothers-in-law his deceased Lady being their Sister did undertake Moreover it was agreed that Sir Phelim Mr. Reyly Mr. Coll mac Mahone and my Brother should with all the speed they could after that day raise all the Forces they could and follow us to Dublin but to Arm the Men and Succour and Attend and Garrison the Town and Castle And likewise Mr. Moor should appoint Lemster Gentlemen to send like supply of Men then there was fear of the Scots conceived that they should presently oppose themselves and that would make the matter more difficult and to avoid which danger it was resolved on not to meddle with them or any thing belonging to them and to demean themselves towards them as if they were of themselves which they thought would pacifie them from any opposition and if the Scots would not accept of that offer of amity but would oppose them they were in good hope to cause a stir in Scotland that might divert them from them and I believe the ground for that hope was That two years before in or about the beginning of the Scots Troubles my Lord of Tyrone sent one Torilagh O Neal a Priest out of Spain and that this I take it was the time that he was in Treaty with Cardinal Richelieu to my Lord of Argile to Treat with him for help from my Lord for him to come into Ireland as was said for Marriage between the said Earl and my Lord of Argile's Daughter or Sister I know not which and this Messenger was in Ireland with whom Mr. Torilagh O Neale Sir Phelim's Brother had conference from whom this Relation was had that said Messenger went into Scotland as I did hear from the said Mr. Neale or from Ever mac Mahone aforenamed I know not from which of them but what he did there I could never hear by reason that my Lord of Tyrone was presently after killed they were the more confirmed therein hearing that my Lord of Argile did say near to the same time as I guess and when the Army was raised in Ireland as I think to a great Lady in Scotland I know not her name but did hear that she was much imbarqued in the Troubles of that Kingdom there she questioning how they could subsist against the two Kingdoms of England and Ireland that if the King did endeavour to stir Ireland against them he would kindle such a Fire in Ireland as would hardly or never be quenched And moreover they knew my Lord to be Powerful with the Highlanders Redshanks in Scotland whom they thought would be prone and ready to such Actions they for the most part descended out of Ireland holding the Irish Language and Manners still and so we parted The next day being Wednesday Leghrosse every man went about his own task and so when I came home I acquainted my Brother with all that was done and what they had appointed him to do and did like according as they had appointed me send to Mr. Reyly to let him know as much and the 18th of the same Month I began my Journy to Dublin and when I came to Dublin being the day before the appointed day for putting that Resolution in Execution there I met with Captain Conne O Neal sent out
nor any Security given therefore they desired their Lordships to take the same into Consideration for they relied more upon their Lordships Honor than their Security He said There was now such a slighting of the Government of the City that there is an Equality between the Mayor and the Commons the Power of the Mayor no more then that of the Commoners of the City they desired but Countenance from their Lordships and their Lordships shall have Service from them The Recorder delivered this as their Answer That they had hearty and good Affection to the Cause it being for Religion's sake the saving the Lives and Estates of Protestants the saving of a Kingdom and preserving it to the dependency of this Crown they would do their utmost Endeavours but would not promise any thing before every man had consulted with himself what he was able to do which they promised to do speedily and he hoped to give a further account thereof this Night Mr. Pierrepoint also in the Commons House made the Report about the same Proposition The Commons Report about the same which because it varies from the other in some particulars I will insert here as follows He said That according to the Commands of the House several of the Committee went to the Lord Major and Common Councel and delivered the Commands of this House how well this House took the former Lending of Money The Answer given us by Mr. Recorder was 1 That there were several Grievances they suffered under as first under the Protections which are granted which did not only hinder their lending of Money but did stop Trade To that Sir Henry Vane did give them satisfaction both of the Order lately made against Mr. Benson for granting of Protections and that this House had committed to the Care of a Committee to draw a Bill to prevent the Inconveniences that happen thereby Next Mr. Recorder propounded That 50000 l. heretofore lent to the Peerage of this Realm for the Publique Affairs is not yet paid Next the Common Council did find themselves aggrieved by a disrespect shewn to the Lord Mayor and the Magistrates of London by divers people who refuse to give any Obedience to any Warrant to appear before the Lord Mayor declaring they would not come and particularly in the Case of providing of Money and for their Loans of Money they will take into consideration and give an Answer this Day but the Security for the same is Expected to be by Act of Parliament The Commons then entred upon the consideration of the Irish affairs and several Votes were passed in order to the Relief of that Kingdom which were presented to the Lords for their Concurrence and which to avoid unnecessary repetitions the Reader will find when they come before the Lords An Information was brought to the House by one Richard Butch a Warder That there was great resort to Father Phillips in the Tower An Information against Phillips the Priest in the Tower Whereupon it was Ordered That Sir Gilbert Gerrard Sir John Franklyn Sir Thomas Barrington and Mr. Laurence Whittacre do forthwith repair to the Tower to Examine all such Strangers as they shall find there of their Dwelling and Business there and to tender them the Oaths of Allegiance and Supremacy and the Warders are hereby required to suffer none to come out of the Tower till these Gentlemen are come forth again Mr. Maynard Reported the Case of Gatton in Surrey Mr. Owfield his Election to serve for that Place is settled Case of Gatton in Surrey upon Election of Members the difference resteth between Mr. Sandys and Mr. Sanders who are returned by two Indentures Mr. Sanders hath for him 14 Voices Mr. Sandys hath 8 Voices but of the 14 Voices for Mr. Sanders 8 of them are dwellers out of the Town and one of them a Minister yet all of them have Freehold in the Town and of Mr. Sandys 8 Voices one of them was a Recusant Convict another the Clerk of the Parish who receiveth Yearly Wages from the Parish and then if these two should be declared to have no Voices their Voices are Equal so the Question in Debate was Whether the Election belonged to the Burgesses by Common Right or that the Free-holders dwelling out of the Town who had Freeholds in the Town ought to have Voices by virtue of a Particular Prescription The Committee were of Opinion That there was a Prescription in this Case which was good against a Common Right It appears by a Record 33 H. 8. that a Return was made by one Inhabitant And 10 E. 6. 6 E. 6. Returns made by the Inhabitants and Burgesses But 18 Jac. a President was shewn on the behalf of the Freeholders And for the Parson of the Parish Whether he shall have a Voice that cannot Sit here if he were chosen and next whether by Law a Recusant Convict ought to have a Voice and thirdly to receive the Judgment of the House whether one that receives Alms of the Parish shall have a Voice and then whether the Clark of the Parish who receives 50 s. per annum of the Parish is one that lives of the Alms of the Parish These were doubts offered to the Committee in the debate of this Election Vpon the matter it was Resolved c. That there is no sufficient proof of a Prescription against the Common Right within the Burrough of Gatton in Com. Surrey Resolved c. That the Parish Clark of the Burrough of Gatton does not appear upon the Evidence given to this House to be an Alms-man Resolved c. That Mr. Sanders Election for the Burrough of Gatton is not good Resolved c. That Mr. Sandys Election for the Burrough of Gatton is good Resolved c. That Mr. Sandys is well Elected and ought to Sit as a Member of this House upon the Election for the Burrough of Gatton The Lord Keeper signified this Day Thursday Novem. 4. That he had received a Letter from Mr. Secretary Vane dated the 28th of October last from Holy-Rood House touching the Intelligence which his Majesty had received in Scotland concerning the Rebellion in Ireland which is by his Majesties Command to be communicated to both Houses of Parliament here to whom he hath recommended the Care of those Affairs and Expects their Advice what Course is fittest to be taken for the reducing of that Kingdom The King Informed in Scotland of the Irish Rebellion recommends it to the Care of the Parliament Marquess of Winton has leave to sell his Arms. Likewise his Lordship said he had received Copies of other Letters which were sent to his Majesty out of the North Parts of Ireland desiring his Majesty to send them speedy Supplies for the Saving of that Kingdom All which were referred to the Committee for Irish Affairs It was Ordered That the Lord Marquess of Winchester shall have liberty by vertue of this Order to sell off his Arms to such Tradesmen as
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
speed as the weightiness of the business will permit And so He gave us all his Hand to kiss and afterwards sent Mr. Comptroller to us with this Message to be delivered to the House That there might be no publishing of the Declaration till the House had received his Majesties Answer We were all Entertained by Mr. Comptroller with great Respect and Lodged by the King's Harbinger This Day Mr. Mr. Jarvaise Hollis restored to his place in the House of Commons Jervaise Hollis who had formerly been Expulsed the House for a Speech which he made with a great strength of Reason and Courage but more heat than the Times would bear against the tame Compliances with the Scottish Army then in England was restored to his place to sit as a Member of the House of Commons The Debate about the Tumults was as it had been the day before adjourned till to morrow The Earl of Bath Reported the Conference had this Day with the Commons That they did let their Lordships know Friday Decemb. 3. Ammunition sent from the Tower for Ireland That whereas there were divers Waggons and Carts loaden with Arms and Ammunition from the Tower of London to be conveyed to West-Chester and to be Shipped for Ireland which were but slenderly Guarded therefore they desire that their Lordships would be pleased to joyn with them to move his Majesty to give Order to the Sheriffs of the several Counties through which they are to pass That they may be guarded safely to West-Chester To which the Lords agreed Also That Information was given That a Ship was lately discovered in Milford Haven loaden with Arms and Ammunition and that it is reported the Men in her be French-men but they speak English and that another Ship as they are informed is in the Haven of Aberdoney in Cardiganshire and the Men buy up the Provisions of that Country That two Men which were in that Ship they understand are now in Town Whereupon the Lords Ordered that they should be sent for to be Examined concerning this business It will possibly to some persons appear very superfluous to take notice of such trifling passages as these Informations and the Necessity of Guarding the Waggons to West-Chester but it is to be considered That as trifling as these things now may seem to be the Faction industriously pickt up all such Informations and made Extraordinary Use of these little Arts to facilitate their Great Design for now the Kingdom was to be put into a Posture of Defence as they termed it that was they intended to wrest from the King the Power of the Sword the Militia of the Nation and nothing could be more serviceable to them in amusing the People with imaginary Dangers of French Ships laden with Arms and Ammunition and French-men that speak English and consequently Fears of Forreign Invasions c. than these stories which being spread abroad and sufficiently magnified by running from hand to hand gave a Countenance to their unjust Demands of settling the Militia and puting the Kingdom into this Posture of Defence The King having acquainted the Lords That Certain Commissioners were come from Scotland to Treat with both Houses of Parliament concerning the Assistance for Ireland Commissioners of both Houses appointed to treat with the Scots Commissioners concerning Assistance for Ireland and to settle all the Condition and State of the Warr the Lords Appointed and Nominated the Earl of Bedford and the Earl of Leicester Lord Lieutenant of Ireland and the Lord Howard of Escrick and the Commons Nathanael Fynes Esquire Sir William Armyn Baronet Sir Phillip Stapleton Knight and John Hampden Esquire to be Commissioners to be Empowered by the King's Commission to Treat with the said Scottish Commissioners who were to acquaint his Majesty and the Parliament with their Proceedings before they came to any final Conclusion The Councel of the Impeached Bishops were called in to be heard in that affair who informed their Lordships The Bishops Plea and Demurrer to be argued Tuesday Dec. 7. That the Cause will not be fit for hearing until the Bishops have put in their Answers for until then there can be no Issue joyned and they conceive no Answer can be made until the Charge be particular therefore the Bishops abide by their Plea and Demurrer Whereupon the House Ordered That the Councel for the Bishops shall be heard at the Barr what they can say in maintenance of the Plea and Demurrer to the Impeachment brought up from the House of Commons against the Bishops on Tuesday the 7th of this instant December at which time and place the House of Commons or such of their Members as they shall appoint may be present if they please And a Message was sent by Sir Robert Rich and Dr. Bennet to acquaint them with this Order Phillips the Priest was this Day according to a former Order Bailed Phillips the Priest bailed upon conditions not to go to Court c. as before Two Bills were brought up from the Commons by Sir William Lewis the One Entituled An Act for the better raising and levying of Soldiers for the present Defence of the Kingdoms of England and Ireland The other For Relief of Captives taken by Turkish Pyrates and to prevent the same for the time to come Little of moment passed in the Commons House besides the reading and passing the above named Bills and Messages before recited about the Bishops c. only St. Germain the French man released the Debate of the Tumults was again put off till to morrow and Monsieur St. Germain a French-man whose close Imprisonment with strict Orders That no person should speak with him but in the presence of a Keeper c. which had made a mighty noise about the Town and so answered the design why he was taken up was this day by Order of the Commons discharged from his Imprisonment This day Sir George Whitmore Mr. Cordall Mr. Soame Mr. Gayer Several Aldermen with the Sheriffs and Recorder of London attend the King at Hampton-Court Mr. Garret Mr. Wollaston and the two Sheriffs of London being all Aldermen of the same City together with the Recorder by virtue of an Act of Common Council attended his Majesty at Hampton-Court to render him the Thanks of the City for his gracious favour done them by affording them his Royal Presence and giving so great Testimonies of his Affection and Kindness to the City They were conducted to His Majesty by the Earl of Dorset Lord Chamberlain to the Queen and Sir Peter Wiche Comptroller to his Majesty where after they had returned the Humble Thanks of the City to his Majesty for his former Favours they offered these two humble Petitions First That their Majesties would vouchsafe this Honor to the City if it might stand with their good Pleasures to make their Residence at this Season of the Year at the Palace of Whitehall The Second was That whereas since his Majesties happy Return
delight in the present and succeeding Ages to dwell in this Land the freedom of Commerce and Trade may pass on more chearfully for the incouragement of your Petitioners and that the flourishing and peaceable Reign of your Majesty may be long continued and increased among us For all which your Petitioners shall ever Earnestly Pray c. James Freshwater John Page Henry Crewkern John Caudry Thomas Clement Will. Bently with a number of Markes and Names Mr. Quelch a Minister of St. Bennet Grace-Church sent for as a Delinquent A Petition of the Inhabitants of St. Bennets Grace-Church against Mr. Quelch their Minister was read whereupon it was Resolved c. That Mr. William Quelch be forthwith sent for as a Delinquent by the Serjeant at Arms attending the House And the Petition was referred to the Committee for Scandalous Ministers The City Petition of which before was also read ut supra in the Proceedings in the Lords House Friday Decemb. 24. This Day a Petition from some Citizens of London was presented to the House of Lords which was read in their presence viz. To the Right Honourable the Lords Assembled in this present Parliament The Humble Petition of divers Citizens Merchants and others of London Trading in the Realm of Ireland Sheweth unto your Lordships THat your Petitioners on the behalf of themselves The Petition of several Merchants to the Lords concerning Ireland and other Merchants Shop-Keepers and others Trading into the Realm of Ireland whose Estates to the value of above a Million of Money lie involved in the desperate Condition of that Kingdom as also on the behalf of the whole Protestant Party of that People reduced to unspeakable Extremity in their Lives and Fortunes as by our daily Letters from thence we are informed to our great Grief We most humbly beseech your Lordships That you will be pleased to consider the Sad Condition of them and us in our respective Interests and lay aside all things that may trouble the Way to the Relief of that Wretched State which without Speedy and Effectual Assistance will not be able to serve his Majesty in the resistance of the Rebels there nor shall we be able in our several Degrees and Conditions to do his Majesty your Lordships and the whole Realm that Service in our ready Compliance with the Great Affairs of this Kingdom as we should and would most willingly perform to the uttermost of our Abilities This My Lords we most humbly offer to your Lordships as a Consideration whereupon that Kingdom depends besides many Thousands depending upon us the Petitioners in our Trades that are here Equally concerned with them of Ireland in our Livelihoods And do beseech your Lordships in the End after the Long Suffering of that Vnfortunate Nation our long Expectation and the Wonder of all Neighbouring States occasioned by a Long and as we humbly conceive an Vnseasonable delay whilest the Life Liberties and Interests of the Protestants of that Kingdom are daily invaded and destroyed you will now give an instant dispatch for the Relief of that Miserable Realm and People And your Petitioners shall ever pray c. Signed Gilbert Harrison William Green Richard Whitaker John Stone Tho. Stone Edw. Claxton cum multis aliis The House taking the Petition into Consideration the Petitioners were called in and the Lord Keeper by direction of the House told them That their Lordships were taking into their Consideration and Care the Necessity and Affairs of Ireland and will use all Expedition therein and will take their Petition into Consideration Then a Message was brought up from the Commons by the Lord Gray of Ruthen To desire their Lordships to joyn with them to Petition the King for a Monthly Fast throughout the Kingdom during the Troubles of Ireland and for a Proclamation to that Effect 2. To Expedite the Answer to the Conference last Night concerning the Business of the Tower which is a Matter of great Importance The Answer was That this House joyns with the House of Commons in the first of this Message but concerning the matter of the late Conference concerning the Lieutenant of the Tower this House hath not thought fit to joyn with the House of Commons therein A Message was brought from the House of Commons by the Lord Herbert who brought up 3. Bills which had passed the Commons 3 Bills passed the House of Commons brought up to the Lords Intituled 1. An Act to restrain Barge-men 1. For the Lords day Lighter-men and others from labouring and working on the Lords Day commonly called Sunday 2. An Act for the better raising and levying of Marriners Sailors 2. For pressing Marriners c. and others for the present Guarding of the Seas and necessary Defence of the Realm and other his Majesties Dominions 3. An Act for the settling by Fitzwilliams Conningsby Esq 3. Fitzwilliams Coningsby's Bill a Rent-Charge of 200 l. per annum upon an Hospital in the Suburbs of the City of Hereford called Conningsbie's Company of Old Servitors c. and for the Settlement of Lands and Tenements for the payment of his Debts and raising of Portions for his Younger Children and for a new Joynture for his Wife and a New Settlement of his Estate The Lords then fell upon the Consideration of the 6. Resolution of the Lords upon the 6 Propositions of the Scots Commissioners Propositions of the Scots Commissioners To the First Resolved c. That 10000 Scots shall be sent into Ireland upon such Conditions as shall be agreed upon by the Parliament To the Second This House agrees with the House of Commons therein To the Third The House agrees unto it thus That there shall be delivered unto the Scots 5000 Arms within a short time after their carrying their Arms out of Scotland and 5000 Arms more within 5 or 6 Months consisting of Pikes Muskets and Swords which is conceived are the Arms they will convey out of Scotland into Ireland To the Fourth Agreed That some Ships of War shall be sent to secure the Transporting of the Scots into Ireland but because it will be some time before our Ships can come thither the Commissioners are to Treat with the Scots Commissioners either to Transport their Men without Ships of War or else to imploy some of their own Ships until ours can come and they shall be paid for the same To the Fifth This House agrees with the House of Commons and refers it to the English Commissioners to Treat about a smaller Number of Horse To the Sixth This House agrees with the House of Commons therein A Conference was had with the Commons L. Keeper reports Conference about the Tower and Lunsford which was thus Reported by the Lord Keeper That the House of Commons greatly desired That both Houses might have joyned together in an humble Petition to his Majesty for removing of Col. Lunsford from being Lieutenant of the Tower of London The House of Commons say
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
time the Bill intituled An Act for the speedy Provision of Mony for disbanding the Armies Poll Bill passed the Lords House and setling the Peace of the two Kingdoms of England and Scotland and it was put to the Question and contented to pass as a Law Memorandum That this House will take into Consideration hereafter how the Bishops may be relieved concerning the Payment of their double Tenths if they shall see Cause so to do A Message was sent to the House of Commons to desire a present Conference by a Committee of both Houses touching Honour Conference to be with the Commons about the Kings bestowing Honours The subject of the Conference to be That both Houses may Petition his Majesty that Titles of Honour may not be bought and sold for Mony but that it may be confer'd by his Majesty as anciently it was for Vertue and Merit and also to consult with the House of Commons about a Bill for preventing of this hereafter and the Bill to begin from the first day of this Parliament The Bills for Regulating of the Council-Board and taking away of the Star-Chamber and the Bill concerning the High-Commission Court being read a third time and upon the Question were resolved by the major part to pass as Laws and were sent down to the House of Commons A Message was sent to the Commons to let them know that the Lords had sent some of their House to inform his Majesty that the Bills were ready for his Assent Mr. Crew and Mr. Littleton ordered to repair to the Lord Keeper Saturday July 3. Message from the Commons to the Lord Keeper that the Judges may not Travel on the Lords Day and to desire him from this House to desire the Judges in their several Circuits so to dispose of their Journeys that they may not Travel upon the Lords-Day for the ill example that is given to the Countrey thereby A Message was sent from the Lords to certifie the Commons that his Majesty who intended to be at the House in the morning had put it off till the afternoon at which time he would pass the Poll-Bill and take time to consider of the other till Tuesday But at this the Commons were displeased and Voted that they should all pass together and Mr. Arthur Goodwin was appointed to go up to the Lords to acquaint their Lordships that the passing of the other two Bills will Expedite the Mony Bill and to desire them to move his Majesty to do it with all convenient Expedition and that they will move his Majesty in it which they did who return'd this Answer That he would in his own person give his answer to their desires In the Afternoon his Majesty coming to the House of Lords the Commons were sent for by the Gentleman-Usher of the Black-Rod when the Bills were presented for the Royal Assent Mr. Speaker entertained his Majesty with this following Speech May it please your Most Sacred Majesty THe Government of this Common-Wealth rests in the Rules of Order Mr. Speakers Speech at the passing the Bill for Poll-Money July 3. 1641. and hath so much affinity and consent with the Rules of Nature in the Government of the World That the first Copy and mutation of the one may seem to be taken from the Original and first Model of the other This contemplation Most excellent and gracious Soveraign casts our Eyes upon your Sacred Majesty as that Celestial Orbe which never resting without the Office of perpetual motion to cherish the lower Bodies not enriching it self with any Treasures drawn from below exhales in vapours from the inferior Elements what in due Season it returns in showers The application makes us consider our selves those sublunary Creatures which having their Essence and Being from the influence of those Beams as the Flowers of the Field open to receive the Glory of the Sun In this Relation both contribute to the Common good your Sacred Majesty as a Nursing Father designed to bestow on your People the Blessing of Peace and Unity and we as the Children of Obedience return our duties and affections in Aids and Tributes And this compacted in one Body by the ligaments of Religion and Laws hath been the object of admiration to the whole World Amidst the distraction of Forreign Nations we only have sate under the shadow of our Vines and drank the Wines of our own Vintage But your crafty adversaries perceiving that the fervent profession of our own Religion and the firm observation of our Laws have been the Pillars of our prosperity by subtle insinuation pretending a politick necessity to admit of a Moderation in our Religion to comply with Forreign Princes and suggesting it a Principle in the Rules of Soveraignty to require and take not ask and have that it must postulare by power not petere by Laws and keep these miseries of War and Calamity between Nation and Nation and put us in the posture of gaze to the whole World But when we behold your Sacred Majesty descended from the Royal Loyns of that glorious King which by his Wisdom and Policy first ingrafted the White-Rose and the Red upon the same stock and sheathed the Sword that had pierced the Bowels of so much Nobility glutted with the Blood of People and then laid the first hopes of the happy Union between the Nations When our thoughts refresh themselves with that happy memory of that Religious King your Gracious Father on whose Sacred Temples both Diadems were placed wreathed about with this Motto faciam eos in gentem unam we cannot but believe that God and Nature by a lineal Succession from those Fathers of Peace hath ordained you that Lapis Angularis upon which the whole Frame settles and put into the hands of your Sacred Majesty the possibility and power to firm and stablish this happy Union between your Kingdoms and so raise your memory a Statue of Glory and Wisdom from Generation to Generation In all this length of time the assurance of this Union and Peace hath been the chief object of our desires Our Purses have been as open as our Hearts both contributing to this great Work manifested by so many Subsidies already presented sufficient in our first hopes for the full perfection But finding that fail have again adventured upon your Peoples Property and in an old and absolute way new burnisht by the hand of instant necessity expressed to the World the Hearts of a Loyal People and howsoever gilded with a new name of Tranquility and Peace to your Kingdoms that with more ease the People may disgest the bitterness of this Pill yet still our Hearts had the same aim and object A Gift suitable to the necessity of so vast Expences that time cannot parallel it by any example And by which if your Sacred Majesty vouchsafe your Royal assent which we Humbly pray we shall not doubt you may soon accomplish those happy effects that may present your Wisdom the object of