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
year of Henry the Sixth which say that the English Statutes shall not be in force in Ireland unless particularly received in Parliament it makes all the Irish Statutes void which say that the English Statutes shall not be in force there It is usual when a Statute sayes that such a thing shall be done or not done to add further that all Statutes to the contrary shall be void No likelihood that this Statute intended to take away any Statute of Treason but when in the Chapter next before this Murder there is made Treason as if done upon the Kings person That this Statute of the Eighteenth year of Henry the Sixth remains on foot and not repealed either by the Statute of the Eighth year of Edward the Fourth or this of the Tenth year of Henry the Seventh appears expresly by two several Acts of Parliament made at the same Parliament of the tenth year of Henry the Seventh By an Act of Parliament of Henry the Sixth's time in Ireland it was made Treason for any Man whatsoever to procure a Privy-Seal or any other Command whatsoever for apprehending any Person in Ireland for Treason done without that Kingdom and to put any such Command in Execution divers had been attainted of Treason for executing such Commands There is a Treason so made by Act of Parliament in Henry the Sixth's time In the third Chapter of this Parliament of the tenth of Henry the Seventh an Act is passed for no other end then to repeal this Statute of Henry the Sixth of Treason If this Statute of Henry the Sixth of Treason had been formerly repealed by the Statute of 8 E 4. or then by the two and twentieth Chapter of this Parliament of the 10th of Henry the Seventh by bringing in the English Statutes the Law-makers were much mistaken now to make a particular Act of Parliament to repeal it it being likewise so unreasonable an Act as it was In the Eighth Chapter of this Parliament of the 10th of Henry the Seventh it is Enacted that the Statutes of Kilkenny and all other Statutes made in Ireland two only excepted whereof this of the Eighteenth of Henry the Sixth is none for the Common-Weal shall be enquired of and executed My Lord of Strafford saith that the bringing in of the English Statute hath repealed this Statute the Act of Parliament made the same time saith no it saith that all the Irish Statutes excepting two whereof this is none shall still be in force Object Oh but however it was in the 10 H. 7. yet it appears by Judgment in Parliament afterwards that this Statute of 18 H. 6. is repealed and that is by the Parliament of the 11th year of Queen Elizabeth the 7th Chapter that by this Parliament it is Enacted That if any Man without Licence from the Lord-Deputy lay any Soldiers upon the Kings Subjects if he be a Peer of the Realm he shall forfeit one hundred pounds if under the degree of a Peer One hundred Marks This Statute as is alleadged declares the Penalty of laying Soldiers on the Subjects to be only one hundred pounds and therefore it s not Treason Answ My Lords if the Offence for which this Penalty of one hundred pounds is laid upon the Offenders be for laying Soldiers or leading them to do any Act Offensive or Invasive upon the Kings People the Argument hath some force but that the Offence is not for laying Soldiers upon the true Subjects that this is not the Offence intended in the Statute will appear to your Lordships Ex absurdo from the words of it The Words are That if any Man shall assemble the People of the County together to conclude of Peace or War or shall carry those People to do any Acts Offensive or Invasive then he shall forfeit One hundred pounds If concluding of War and carrying the people to Acts Invasive be against the Kings Subjects this is High-Treason which are the words of the Statute of 25 E. 3. for if any Subject shall assemble the people and conclude a War and accordingly shall lead them to invade the Subject this is a levying of War within the words of the Statute and then the Statutes of the 25 E. 3. 1 H. 4. 1 of Queen Mary which the Earl of Strafford in his Answers desires to be tryed by are as well repealed in this point as the Statute of the 18th of Henry the Sixth he might then without fear of Treason have done what he pleased with the Irish Army for all the Statutes of levying of War by this Statute of 11 Eliz. were taken out of his way In Ireland a Subject gathers Forces concludes a War against the Kings People actually invades them bloodshed burning of houses depredations ensue two of those that is Murder and burning of Houses are Treason and there the other Felony by the construction the punishment of Treason and Felony is turned only into a fine of One hundred pounds from loss of Life Lands and all his Goods only to loss of part of his Goods The Third Absurdity a War is concluded three several Inrodes are made upon the Subjects in the first a hundred pounds damage in the second five thousand pounds damage in the third ten thousand pounds damage is done to the Subjects the penalty for the last inroade is no more then for the first only one hundred pounds This Statute by this Construction tells any man how to get his living without long labour Two parts of the hundred pounds is given to the King a third part unto the Informer Here 's no damage to the Subject that is robbed and destroyed My Lords The Statute will free it self and the makers from those Absurdities The meaning of the Statute is That if any Captain shall of his own head conclude of Peace or War against the Kings Enemies or Rebels or shall upon his own head invade them without Warrant from the King or Lord Deputy of Ireland that then he shall forfeit a Hundred pounds The offence is not for laying of Soldiers upon the Kings people but making War against the Irish Rebells without Warrant the Offence is not in the Matter but in the Manner for doing a thing lawful but without Mission I. This will appear by the general Scope of the Statute all the parts being put together II. By particular Clauses in the Statute III. By the Condition of that Kingdom at the time of the making of that Statute For the First The Preamble recites that in time of Declination of Justice under pretext of defending the Country and themselves diverse great Men arrogated to themselves Regal Authority under the names of Captains that they acquired to themselves that Government which belonged to the Crown for preventing of this It 's Enacted That no man dwelling within the Shire-Grounds shall thenceforth assume or take to himself the Authority or name of a Captain within these Shire-Grounds without Letters-Patents from the Crown nor shall under colour of his
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
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
of Winchester's House the Commons desired a Conference with the Lords about it which Conference was thus Reported by Mr. Pym. That the Earl of Warwick said That whereas this House had propounded the Disarming of Recusants their Lordships agreed with them in the matter but desired a free Conference concerning the manner but it was remembred by another Lord that the manner was likewise propounded which was to send down Commissioners into all Counties to see it done upon which the Lords desired of this House to consider what men to send down and they did fully agree to the manner This Day the Lord Keeper signified to the House A Message from the King about Soldiers for the Spanish Ambassador That His Majesty hath Commanded Mr. Nicholas the Clerk of the Council to let their Lordships know That His Majesty is so far now engaged to the Spanish Ambassador for four Regiments of Irish That His Majesty cannot go back now and that it was assured His Majesty before he went from London that both Houses were content only it wanted the formality of Voting whereupon His Majesty gave an absolute Order for the Levying and Transporting of those Men and reiterated His Majesties promises to the Ambassador wherefore His Majesty would have the Houses acquainted herewith that those Levies may not be stopt Which was afterwards at a Conference communicated to the House of Commons Monday August 23. Letters from the E. of Holland and Sir William Udal about disbanding A Letter from the Lord General the Earl of Holland was this Day Read informing the Lords That he had not been wanting in diligence to fulfil their Orders and Commands in Disbanding the Army and that it was an affliction to him that the best Service he was able to perform was not better accepted by their Lordships That he had done all that lay in his Power and that as soon as the Accounts for Billetting could be stated they should be discharged but till Money came to them they could not do it This was seconded by a Letter from Sir William Vdal informing That they can proceed no further in the Disbanding till there be a Supply of Money and that he hath not above 200 l. in his hands Tuesday August 24. Whereupon It was Ordered That the Gentlemen that serve for the City of London shall endeavour to Borrow 40000 l. of the City upon the Credit of the Two last Bills of 4 Subsidies and the Poll-Bill without which the Army cannot be Disbanded The Speaker of the House of Commons was likewise Ordered to write a Letter in the Name of the House to those Sheriffs who were thought deficient in gathering the Poll-Money to quicken them in the Collecting and sending of it to the Army The Copy of which Letter was thus SIR THE House of Commons did hope The Speakers Letter to the Sheriffs about the Poll Mony that in so great a time and so visible a Necessity of present Money no private person much less any Publique Officers would have been so slow in contributing their Assistance to the getting in of the Poll-Money but by the not coming in of this from the slow and slender coming of it from others together with more particular Informations this House is forced to believe that both Payers Assessors Collectors and Returners are in fault concerning it I am therefore Commanded to let you know from the House That as you tender your Own or the Publique Good you make all possible hast in returning such Money as you have ready and that you will make known to the Commissoners That if we be not by them prevented the House intends to make a review of the Assessments to the End that wherein the Assessors through partiality shall be found either to have left any uncharged whom the Act chargeth or to have charged any lower than they are charged by the Act those that shall be found faulty may incur both the ill Opinion and severe Punishment of Parliament as Contemners of the greatest Authority in a time of greatest Necessity and by that Contempt being Causes of the Armies less speedy Disbanding to the Danger as well as the unsupportable and unnecessary Expence of the Kingdom An Order was likewise drawn up and presented to the Lords at a Conference by Mr. Pym with the Reasons of it the Necessity of present Money for the several Counties therein mentioned to pay in their Poll-Money at York See the Order it self August 24. 1641. An Order of the Lords and Commons in Parliament The Order of both Houses for paying in the Poll-Mony at York to Expedite the Disbanding Aug. 24. 1641. concerning the more speedy Transportation of the Poll-Mony to York for Disbanding of His Majesties Army WHereas it is Enacted that the Sheriffs of the Counties and Cities hereafter named shall amongst others pay such Summs of money as they shall receive for Poll-money to the Treasurer in the Act named in the Chamberlains Office within the City of London Now forasmuch as their long delay and slow payment is very burthensom and dangerous to the Kingdom because the Kings Army in the North by this means remains un-disbanded to the insupportable Charge of the Common-wealth For the more speedy relief of the Kingdom the Lords and Commons in this Parliament assembled do hereby order and ordain that the several Sheriffs of Worcester Cambridge Huntington Leicester Northampton Rutland Warwick and of the Cities that are Counties within those Countries and every of them respectively shall forthwith on notice of this Order send such Monies now in their hands or shall come to his Hand or any of their Hands respectively or to the Hands of his Under-Sheriff or Deputy or to the Hands of any of their Under-Sheriffs or Deputies respectively under a sufficient Guard and Convoy to the City of York to pay the same to Sir William Vdall Knight Treasurer of His Majesties Army now there residing takeing his acquittance for the same which acquittance the said several Sheriffs respectively shall send to the Chamber of London and that the said Treasurer in the Act named shall accept of the same as if so much Money were paid in specie and shall deliver an Acquittance or Acquittances for the same which shall be as sufficient a discharge to the said several Sheriffs as if the Mony had been paid there And the said Treasurer of the Army is hereby required that he shall as speedily as he may after the receipt of any such Summs from any of the Sheriffs afore-mentioned send up to the said Treasurer of the Chamber of London present and distinct Certificates of the same It is further Ordered that the several Sheriffs of the Counties through which these Moneys do pass shall provide a sufficient Convoy to Guard the same through the several Counties and that the Sheriffs under whose charge the Money is shall have allowance for Transportation thereof in their several Accounts Lastly it is ordered that a strict account
Quod erat probandum Object 1. It remains now to answer some Objections which are made against these Positions And First a Canon which they urge was made at Westminster by Richard Arch-Bishop of Canterbury that Persons in Holy-Orders should not agitare Judicium sanguinis To which it is Answered That this is part of one of the Canons of Toledo which never were any part of the Common or Statute Law of this Land even in times of Popery much less obliging now since the Reformation but however the very Canon it self is perverted for the Prohibition explains it self unde prohibemus ne aut per se Membrorum truncationes faciant aut inferendas Judicent they were prohibited personally to be the Executioners in dismembring or to pronounce the Judgment or Sentence in Cases of that Nature Two Offices of which neither the Lords the Bishops nor the most inferior of the Clergy will at this time contend for or be ambitious of Object 2. It is Objected Secondly that in the 11. of Richard the Second the Bishops in Cases of Blood entred a Solemn Protestation in Parliament which was Assented to by the King the Lords Temporal and Commons with these words Non licet nobis aut alicui eorum juxta Sacrorum Canonum instituta quomodolibet interesse That according to the Canon Law it was not lawful for them or any of them in any manner to be present To this it is answered That the Protestation saith as Peers they had Right as per Baroniam de Domino Rege tenentes in Parliamentis Regis quibuscunque personaliter interesse cum caeteris Paribus aliis de Regni negotiis consulere Tractare Ordinare Statuere definire ac caetera facere quae Parliamenti tempore ibidem imminent facienda holding of our Lord the King by Baronage to be personally present in all Parliaments of the King together with the rest of the Barons and others to Consult Treat Order Appoint and Determin of the Affairs of the Kingdom and to do all other things which in the time of Parliament were there to be done And it is plain the King Temporal Barons and Commons allowed they had this Right But it being a troublesome time the Kings Ministers being to be Impeached in that Parliament which was called Parliamentum sine Misericordia because the King gave up all his Court Ministers to be Sacrificed to the Animosities of the Potent Faction of the Lords binding himself not to pardon any without their consent the Bishops were willing to get out of harms way and therefore pleaded the Canons in excuse And possibly both sides might have their several ends in consenting to this protestation the King that so he might call in Question the Acts done without them as it happened 21. R. 2. when all done in this Parliament was Repealed and made void for this Reason the Lords might consent to the Bishops withdrawing that so their Affairs might proceed without opposition against the Kings Ministers But however as before these Canons being not the Law of the Land neither then nor now could be no real Barr to their Right Nor did they upon other occasions think them so as appears by several Instances beforementioned upon the second Position It is Objected in the third place Object 3 That there was a Parliament held 25 E. 1. at St. Edmonds-Bury Excluso clero And notwithstanding many good Laws were there made and that upon this Case in Kelway's Reports it is said to be the Opinion of the Judges that the King may hold his Parliament without the Bishops To this it is answered First That it is but one single Instance and an Extraordinary Case and that it is not only ill but dangerous arguing and concluding universally from one single president for if a Parliament may be good without one Estate why not without another and according to their Position who make the King Lords and Commons the three Estates any one of the three may be Excluded upon the same reason Secondly The Bishops in this Parliament were not Excluded by the King and the other two Estates but by their own voluntary action And the occasion of it was a Bull of Pope Boniface the 8. prohibiting the Clergy to give any more Subsidies which whatever Influence it had then can have none upon the Bishops since the Reformation And whereas it is said many good Laws were made in that Parliament never since questioned it is evident by the Rolls that all that was done in that Parliament was the granting of a 12th by the Laity to the King As for Kelway's reason in his Reports that they might be excluded because they have no places in Parliament by reason of their Spiritualty but only by reason of their Temporal Baronies it will hold as well against the other Barons And that this is but one President of a Parliament without Bishops agaâ—nst a Multiutde of others wherein they were present Et consuetudo Parlamenti est Lex Parlamenti and that Law is the Law of the Land It is Objected Object 4 That if they were a distinct Estate they would have a distinct-Negative I think the best answer to this is the former that Consuetudo Parlamenti est lex Parlamenti and though former Parliaments have ever owned them a distinct Estate yet as the Author observes they sit there now not in their Spiritual Capacity as formerly in the Saxon times before Baronies but in their Temporal Capacities as Barons by Tenures and they have ever Voted in Common with the other Lords according to Custom of Parliament which is the Law of Parliament In the last place it is Objected Object 5 if they were Peers of the Realm they would according to Magna Charta be tried by their Peers but they are in Capital Cases tried by Juries of the Commons To this it is answered First That they have challenged and had this Priviledg in Parliament So John Stratford Arch-Bishop of Canterbury Antiq. Brit. p. 223. Rot. Par. 15. E. 3. n. 7. tanquam major par Regni post Regem vocem primam in Parliamento habere debens put himself upon Trial by his Peers and after great debate it was at length resolved that the Peers should be tried only by Peers in Parliament and he had appointed to examin the Articles against him 4 Bishops viz. London Hereford Bath and Exceter 4 Earls Arundel Salisbury Huntington and Suffolk 4 Barons Percy Wake Basset and Nevil After which he was admitted to answer for himself in Parliament devant les Piers before his Peers 21. R. 2. Tho. 21. R. 2. Arundel Arch-Bishop of Canterbury was Impeached of High-Treason before the King and Lords in Parliament The Kings answer was that forasmuch as this Impeachment did concern so High a Person Pier de Son Roialm a Peer of the Realm he would be advised But soon after he was condemned for Treason by the House the Proxy of the Bishops Sir Thomas Percy giving his
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