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-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
Indictments where the Matter in Issue being that the said Brook refused to Administer the said Sacrament because the said Ingram and Carter would not receive Tickets with their Sur-Names before their Christen-Names which was a Course never used amongst them but by the said Brook He the said Sir Robert Berkley did then much discourage the said Ingram's Councel and over-rule the Cause for matter of Law so as the Jury never went from the Bar but there found for the said Brook And the said Sir Robert Berkley bound the said Ingram to the good Behaviour for the prosecuting the said Indictments and ordered him to pay Costs to the said Brook for wrongfully inditing him And whereas the said Carter not expecting the Tryal at the same Assizes he preferred his Indictment was then absent whereupon the said Sir Robert Berkley did cause to be entred upon the said Indictment a vacat quia non sufficiens in lege and ordered an Attachment against the said Carter which said proceedings against the said Ingram and Carter by the said Sir Robert Berkley were contrary to Law and Justice and to his own knowledge 10. That the said Sir Robert Berkley being one of the Justices of the Court of Kings-Bench and duly sworn as aforesaid in Trinity Term 1637. deferred to discharge or bail Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Bar of the said Court the return of his Commitment being that he was committed by two several Warrants from the Lords of the Councel dated the fifth of November 1636. The first being only read in Court expressing no cause the other for not paying Messengers Fees and until he should bring a Certificate that he had paid his Assessment for Ship-Money in the County of Bucks but remitted him And in Michaelmas Term after the said Jenings being brought by another Habeas Corpus before him as aforesaid and the same returned yet he the said Sir Robert Berkley refused to discharge or bail him but remitted him And in Easter Term after several Rules were given for His Majesties Councel to shew Cause why the said Jenings should not be Bailed a fourth Rule was made for the said Jenings to let His Majesties Attorney General have notice thereof and notice was given accordingly and the said Jenings by another Habeas Corpus brought to the Bar in Trinity Term after and the same return with this addition of a new Commitment of the Fourth of May suggesting he the said Jenings had used divers scandalous Words in derogation and disparagement of His Majesties Government He the said Jenings after several Rules in the end of the said Trinity Term was again remitted to Prison And he the said Sir Robert Berkley did on the fifth of June last defer to grant His Majesties Writs of Habeas Corpus for William Pargiter and Samuel Danvers Esquires Prisoners in the Gate-House and in the Fleet And afterwards having granted the said Writ of Habeas Corpus the said Pargiter and Danvers were on the eighth of June last brought to the Bar of the said Court where the Returns of their Commitments were several Warrants from the Lords of the Councel not expressing any Cause yet he the said Sir Robert Berkley then sitting in the said Court deferred to Bail the said Pargiter and Danvers and the eighteenth of June last made a Rule for a new return to be received which were returned the 25th of June last in haec verba Whereas His Majesty finding that his Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their Obedience unto His Majesty but also as Enemies to invade and infest this His Kingdom of England to the danger of his Royal Person c. For prevention whereof His Majesty hath by the Advice of his Councel-Board given special Commandment to all the Lord-Lieutenants of the Counties of this Realm appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together into a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of his Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the force of the Enemies thereof to grant forth Commissions under His Great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to arm themselves and such as should not be of able Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the Charge of arraying others being able of Body and not able in Estate to arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further Order therein And whereas the Earl of Exeter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability to contribute amongst others to pay the Sum of five Shillings towards the arraying and arming of others of able Bodies and wanting Ability to Array and Arm themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a wilful and disobedient Manner refused to pay the said Money assessed upon him towards so important a Service to the disturbance and hindrance of the necessary defence of this Kingdom but also by his ill example hath mis-led many others and as we have just cause to believe hath practiced to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Persons of the said William Pargiter and Samuel Danvers and them safely to keep Prisoners till further order from this Board or until by due course of Law they shall be delivered Yet he the said Sir Robert Berkley being desired to Bail the said Pargiter and Danvers remitted them where they remained Prisoners till the Ninth of November last or thereabouts although the said Jenings Pargiter and Danvers on all and every the said returns were clearly Bailable by Law and the Council of the said Jenings Pargiter and Danvers offered in Court very sufficient Bail And he the said Sir Robert Berkley being one of the Justices of the Court of the Kings Bench denied to grant his Majesties Writs of Habeas Corpus to very many others his Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others his Majesties Subjects and on the return
Subsidy of Tonnage and Poundage whereas no such were payable by Law did from time to time delay the respective Proprietors from having restitution of their said Goods being often in Court moved therein with intention thereby to force the Proprietors by wanting their Goods and the use thereof to pay all such Summs as the said Officers of the Customs pretended to be due to His Majesty That to the end aforesaid the said Sir Thomas Trevor and the said other Barons refused to accept of any Security to be given by the said Proprietors upon restitution had of their Goods for payment of all such Duties as should be made appear to be made payable to His Majesty in such manner as the said Barons should direct That the said Sir Thomas Trevor and other the Barons aforesaid knowing that the said Summs demanded on His Majesties behalf by the said Officers of the Customs not to be due by Law did refuse to order restitution of any part of those Goods so detained as aforesaid to the Proprietors thereof unless the said Proprietors would deposite all such Summs of Money as the said Officers respectively demanded of them for pretended Duties to His Majesty and the said Proprietors refusing to deposite the said Summs demanded the said Sir Thomas Trevor and other the Barons aforesaid did order the said Officers to detain double the value of the Summs by them demanded for pretended Duties to His Majesty and to restore the residue the said Sir Thomas Trevor and other the said Barons then knowing that the pretended Summs demanded by the said Officers were not by Law due or payable to His Majesty 2. That in or about January 4. Car. The said Officers having Seized several Merchandises of the Goods of Richard Chambers Merchant upon the pretences aforesaid did detain the same and the said Chambers Prosecuting by plaint to have his said Goods Replevied the said Sir Thomas Trevor together with the said other Barons did in like manner in the said Court of Exchequer declare the said Chambers his Goods not to be Replevisable and enjoyned the Sheriffs of London to proceed no further therein no cause to them appearing of such Seizure or Detainer And the said Sir Thomas Trevor and other the Barons of the said Court refused to order the delivery of the said Chambers his Goods upon good security offered by him to pay all such Summs as should be made appear to be due and for which the said Goods were pretended to be detained and the said Barons being often moved in Court therein did refuse to order restitution of any part of the said Chamber 's Goods until the 23. of November 5 Carol. and then ordered that the said Officers should detain in their hands double the value of the Summs by them demanded and restitution of the residue to be made to the said Chambers no cause of detaining any part of the said Goods to them in any wise appearing 3. That whereas in the Month of October in the fourth year of His said Majestie 's Reign the Farmers and Officers of the Custom-House having Seized great quantities of Currants being the Goods of Samuel Vassall Merchant and having conveyed them into certain Store-Houses at the Custom-House and detained them because the said Samuel Vassall refused to pay an Imposition of five Shillings six Pence upon every Hundred weight of the said Currants pretended to be due and demanded by the said Farmers and Officers on His Majesties behalf for the said Currants whereas no such Imposition was due or payable for the same but the said Imposition was and is against the Laws of this Realm And whereas also in Michaelmas Term in the said fourth year of His Majesties Reign His Majesties then Attorney General exhibited an Information by English Bill in the Exchequer-Chamber against the said Samuel Vassall setting forth that King James by his Letters Patents Dated the third of November in the second year of His Reign did command that the said Imposition of five Shillings six Pence upon every Hundred Weight of Currants should be demanded and received And that His Majesty that now is by His Letters Patents Dated the six and twentieth Day of July in the second year of His Reign did by Advice of his Privy Council declare His Will and Pleasure to be that Subsidies Customs and Imposts should be Levied in such manner as they were Levied in the time of King James and the same and the Farmers to continue until it might receive a setling by Parliament and commanded the Levying and receiving the same accordingly and that the said Samuel Vassall before the first Day of October then last past before the said Information Exhibited did bring into the Port of London in Ships four thousand six hundred thirty eight hundred weight of Currants and that Richard Carmarthen Surveyor in the said Port of London the said first day of October demanded of the said Samuel Vassall the said Imposition of five Shillings six Pence for every Hundred weight of the said Currants and that the said Samuel Vassall refused to pay the said Imposition and unjustly detained it from the King To which Information the said Samuel Vassal appeared and Pleaded the Statute of Magna Charta and the Statute De tallagio non concedendo and that he was a Subject Born under the King's Allegiance and a Merchant of London using that Trade and that the said Summ of five Shillings six Pence upon every Hundred weight of Currants was and is malum tolnetum and not antiqua seu recta consuetudo and that it was imposed without assent of Parliament To which Plea the said Attorney General demurred in Law and the said Samuel Vassall joyned in demurrer with him That he the said Sir Thomas Trevor being then and yet one of the Barons of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court knowing the said Currants to be unlawfully Seized and detained for the pretended Duty of five Shillings six Pence Imposition upon every Hundred weight of the said Currants whereas no such Imposition was payable by Law did from time to time delay the said Samuel Vassall from having restitution of his said Goods being often in Court moved therein with intention thereby to enforce the said Samuel Vassall by wanting the said Goods and the use thereof to pay all such Summs as the said Officers of the Customs pretended to be due to His Majesty and Imprisoned the said Samuel Vassall because he refused to pay such Summs of Money as were demanded of him for the said unlawful Imposition and that in Trinity Term in the sixth year of His Majesties Reign the said case coming to be argued in open Court upon the demurrer the said Sir Thomas Trevor contrary to his Oath and contrary to the Laws of this Realm and to the great impoverishment of the said Samuel Vassall did together with the rest of the then Barons of the said Court of Exchequer give
cùm stabis ad aras In tua quod fundi cornua possit erit He hath cropt and infring'd the priviledges of a banish'd Parliament but now it is returned he may find it has power enough to make a sacrifice of him to the better establishment of our Laws And in truth what other satisfaction can he make his injur'd Country then to confirm by his example those Rights and Liberties which he had ruined by his opinion For the proofs My Lords they are so manifest that they will give you little trouble in the disquisition his Crimes are already upon Record the Delinquent and Witness are the same having from several sorts of Judicature proclaimed himself an Enemy to our Laws and Nation Ex ore suo judicabitur To which purpose I am Commanded by the Knights Citizens and Burgesses of the House of Commons to desire your Lordships that as speedy a proceeding may be had against Mr. Justice Crawley as the Course of Parliament will permit The Articles against Mr. Justice Crawley were these Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Francis Crawley Knight one of the Justices of His Majesties Court of Common-Pleas impeaching him as followeth 1. The Articles of Impeachment against Judge Crawley THat he about the Month of November Anno 1635. then being one of the Justices of the Court of Common-Pleas and having taken an Oath for the due Administartion of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed an Opinion in haec verba I am of Opinion That as where the benefit doth more peculiarly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the Charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judge there the charge of the Defence ought to be born by all the Realm in general This I hold agreeable both to Law and Reason 2. That he in or about the Month of February Anno 1636. Then being one of the Justices of the said Court of Common-Pleas subscribed an extrajudicial Opinion in answer to Questions in a Letter from His Majesty in haec verba ut supra in the Articles against Judge Berkley 3. That he then being one of the Justices of the said Court of Common-Pleas delivered an Opinion in the Exchequer Chamber against John Hampden Esquire in case of Ship-Money that he the said John Hampden upon the matter and substance of the case was chargable with the Money then in Question a Copy of which Proceedings and Judgment the Commons of this present Parliament have already delivered to your Lordships 4. That he then being one of the Justices of the said Court of Common-Pleas declared and published in the Exchequer Chamber in Westminster and the Circuit where he went Judge That the Kings Right to Ship-Money was so inherent a Right in the Crown as an Act of Parliament could not take it away And with divers malicious Speeches inveighed against threatned and discountenanced such as refused to pay Ship-Money All which Opinions and Judgments contained in the first second and third Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which said Resolutions and Petitions of Right were well known to him And the said Commons by Protestation saving to themselves only the Liberties of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Francis Crawley and also of replying to the Answer that he the said Sir Francis Crawley shall make unto the said Articles or any of them or of offering Proof of the Premisses or of any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliaments require Do pray that the said Sir Francis Crawley one of the Justices of the said Court of Common-Pleas may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every one of them had and used as is agreeable to Law and Justice The Articles of Impeachment against Sir John Bramston Knight Lord Chief Justice of the Court of Kings-Bench were as follow Articles of the House of Commons The Articles of Impeachment against Sir John Brampston Lord Chief Justice of the Kings Bench. in the name of themselves and all the Commons of England against Sir John Brampston Knight Lord Chief Justice of the Court of Kings Bench Impeaching him as followeth 1. THat the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm did on or about the last of November 1635. Subscribe his Name to an Opinion in haec verba I am of Opinion that as where the benefit doth more peculiarly redound to the good of the Ports or Maritime parts as in case of Pyracy or Depredations upon the Seas there the Charge hath been and may be lawfully Imposed upon them according to Presidents of former times so where the good and safety of the Kingdom in General is coned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the defence ought to be born by all the Realm in General This I hold agreeable both to Law nnd Reason 2. That he the said Sir John Brampston then being Lord Chief Justice of the Court of Kings Bench about the Month of February 1635. did Subscribe an extrajudicial Opinion in answer to questions in a Letter from His Majesty ut supra in the Articles against Sir Robert Berkley Which said Opinions contained in the first and second Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Propriety and contrary to former resolutions in Parliament and to the Petition of Right 3. That he the said Sir John Brampston then Lord Chief Justice of the Court of Kings Bench about Trinity Term 1637. refused to Bail or Discharge Alexander Jenings Prisoner in the Fleet brought by Habeas Corpus to the Barr before him the return of this Commitment being two several Warrants from the Lords of the Council Dated the fifth of November 1635. the first expressing no cause the other for not paying Messengers Fees and until he should bring Certificate that he had paid his Assesment for Ship-money in the County of Bucks And the said Sir John Brampston the first Warrant being only read then said The cause of his Commitment did not appear and that it was not fit for every Goaler to
Strafford The House of Commons in their own Name and in the Name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of High Treason the Articles they will in a few dayes produce in the mean time they have Resolved That your Lordship shall be Committed into Safe Custody to the Gentleman Vsher and be Sequestred from the House till your Lordship shall clear your self of the Accusations that shall be laid against you Whereupon he was immediately taken into Custody by James Maxwell Usher of the Black Rod. And that the Commons might Disable him of the Testimony and Assistance of Sir George Radcliff his great Friend and Confident it was resolved to make him a Party and accuse him of High Treason and Confederacy with the Earl which was accordingly done as is more at large related before to which the Reader is referred only a Debate worth the Observation arose upon his being a Member of the Parliament in Ireland Whether he could without Breach of Priviledge be sent for Upon which it was Resolved as a thing out of all Doubt That in case of High Treason Priviledg of Parliament neither here nor there doth reach to Protect him Notwithstanding which when afterwards his Majestie accused the Lord Kimbolton and the Five Members of High Treason and Exhibited Articles against them they did not only protect them but arraigned that proceeding as the Highest Violation of the Priviledges of Parliament making it one of the main Foundations upon which they built the Justice of the succeeding Rebellion and their taking up Arms against his Majesty It was Ordered Wednesday Novemb. 18. That no Member of the House of Commons shall visit the Earl of Strafford during his restraint without Licence first obtained from the House And the same Order was taken in the House of Peers and all the time of his Imprisonment the Lieutenant of the Tower brought in a Weekly account of the Names of those persons who visited him and by whose Order Upon Munday Munday Nov. 23. Novemb. 23. Mr. Pym presented a draught of Articles to the House which being referred to the Committee who were to prepare a Charge against the Earl were by them reported and agreed to by the House and Mr. Pym ordered to go up with them to the Lords which upon Wednesday following he did accordingly Wednesday Nov. 25. and before their Lordships laid out his Talent of Speech-making upon that subject as follows The Articles being first tendred and Read which were these I. THat he the said Thomas Earl of Strafford Articles of Impeachment against the Earl of Strafford Nov. 25. hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Realms of England and Ireland and instead thereof to introduce an Arbitrary and Tyrannical Government against Law which he hath declared by Trayterous Words Counsels and Actions and by giving his Majesty advice by force of Armes to compel his Loyal Subjects to submit thereunto 2. That he hath Trayterously assumed to himself Regal power over the Lives Liberties Persons Lands and Goods of his Majesties Subjects in England and Ireland and hath exercised the same Tyrannically to the subversion and undoing of many both of Peers and others of his Majesties Liege people 3. That the better to enrich and enable himself to go thorow with his Trayterous Designs he hath detained a great part of his Majesties Revenue without giving legal account and hath taken great Summes out of the Exchequer converting them to his own use when his Majesty was necessitated for his own urgent occasions and his Army had been a long time unpaid 4. That he hath Trayterously abused the power and authority of his Government to the encreasing countenancing and encouraging of Papists that so he might settle a mutual dependance and confidence betwixt himself and that Party and by their help prosecute and accomplish his malicious and tyrannical designs 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesties Subjects of England and those of Scotland 6. That he hath Trayterously broken the great Trust reposed in him by his Majesty of Lieutenant General of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Town of New-Castle into their hands to the end that by the effusion of blood by dishonour and so great a loss of New-Castle his Majesties Realm of England might be engaged in a National and Irreconciliable quarrel with the Scots 7. That to preserve himself from being questioned for those and other his Trayterous Courses he laboured to subvert the Right of Parliaments and the ancient course of Parliamentary Proceedings and by false and malicious slanders to incense his Majesty against Parliaments By which Words Counsels and Actions he hath Trayterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majesty to set a division between them and to ruin and destroy his Majesties Kingdoms for which they impeach him of High Treason against our Soveraign Lord the King his Crown and Dignity 8. And he the said Earl of Strafford was Lord Deputy of Ireland and Lieutenant General of the Army there viz. His most excellent Majesty for his Kingdoms both of England and Ireland and the Lord President of the North during the time that all and every the Crimes and Offences before set forth were done and committed and he the said Earl was Lieutenant General of all his Majesties Army in the North parts of England during the time that the Crimes and Offences in the fifth and sixth Articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl and also of replying to the Answers that he the said Earl shall make unto the said Articles or to any of them and of offering proofes also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require do pray that the said Earl may be put to answer for all and every the premisses that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as it is agreeable to Law and Justice My Lords THese Articles have exprest the Character of a great and dangerous Treason Mr. Pym's Speech after the Reading the Articles against the Earl of Strafford Nov. 25. such a one as is advanced to the highest degree of Malice and of Mischief It is enlarged beyond the limits of any description or definition it is so hainous in it self as that it is capable of no aggravation a Treason against God betraying his Truth and Worship against the King obscuring the Glory and weakning the foundation
time had a Petition depending in the House of Lords delivered Jan. 12 craving to be discharged of the Fine of Three thousand pounds imposed upon him by Decree of the Star-Chamber for Scandalous words against the Earl of Strafford Upon the 30th of Jan. a Day so Fatal to King Charles the First Saturday Jan. 30. the further Impeachment of the Earl of Strafford consisting in 28 Articles was by Mr. Pym carried up to the Lords which were as follow Articles of the Commons Assembled in Parliament The further Impeachment of the Earl of Strafford Jan. 30. against Thomas Earl of Strafford in maintenance of their Accusation whereby he stands Charged with High Treason WHereas the said Commons have already Exhibited Articles against the said Earl in haec verba c. Now the said Commons do further Impeach the said Earl as followeth That is to say I. That the said Earl of Strafford the 21 day of March in the Eighth Year of his Majesties Reign was President of the Kings Council in the Northern Parts of England That the said Earl being President of the said Council on the 21 of March a Commission under the Great Seal of England with certain Schedules of Instructions thereunto annexed was directed to the said Earl or others of the Commissioners therein named whereby among other things Power and Authority is limited to the said Earl and others the Commissioners therein named to hear and determine all Offences and Misdemeanors Suits Debates Controversies and Demands Causes Things and Matters whatsoever therein contained and within certain Precincts in the said Northern Parts therein specified and in such manner as by the said Schedule is limited and appointed That among other things in the said Instructions it is directed That the said President and others therein appointed shall hear and determine according to the Course of Proceedings in the Court of Star-Chamber divers Offences Deceits and Falsities therein mentioned Whether the same be provided for by Acts of Parliament or not so that the Fines imposed be not less than by the Act or Acts of Parliament provided against those offences is appointed That also amongst other things in the said Instructions it is directed that the said President and others therein appointed have power to examine hear and determine according to the course of proceedings in the Court of Chancery all manner of Complaints for any matter within the said Precincts as well concerning Lands Tenements and Hereditaments either Free-hold Customary or Copy-hold as Leases and other things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and means as is used in the Court of Chancery And although the former Presidents of the said Councel had never put in practice such Instructions nor had they any such Instructions yet the said Earl in the Moneth of May in the said 8th Year and divers Years following did put in practice exercise and use and caused to be used and put in practice the said Commission and Instructions and did direct and exercise an exorbitant and unlawful power and jurisdiction on the persons and estates of his Majesties Subjects in those parts and did Disin-herit divers of his Majesties Subjects in those parts of their Inheritances sequestred their Possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Coniers Darcy Sir John Bourcher and divers others against the Laws and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earl And he the said Earl to the intent that such illegal and unjust power might be exercised with the greater licence and will did advise Counsel procure further directions in and by the said instructions to be given that no prohibition be granted at all but in cases where the said Councel shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party perform the Decree and Order of the said Councel And the said Earl in the 13. year of his now Majesties Reign did procure a new Commission to himself and others therein appointed with the said Instructions and other unlawful additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earl of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 year of his now Majesties Reign to wit the last day of August then next following he the said Earl to bring his Majesties liege People into a dislike of his Majesty and of his Government and to terrifie the Justices of the Peace from executing of the Laws He the said Earl being then President as aforesaid and a Justice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last day of August declare and publish before the People there attending for the administration of Justice according to the Law and in the presence of the Justices sitting That some of the Justices were all for Law but they should find that the Kings little finger should be heavier then the loyns of the Law 3. That the Realm of Ireland having been time out of mind annexed to the Imperial Crown of England and governed by the same Laws The said Earl being Lord Deputy of that Realm to bring his Majesties liege People of that Kingdom likewise into dislike of his Majesties Government and intending the Subversion of the Fundamental Laws and settled government of that Realm and the destruction of his Majesties liege People there did upon the 30. day of September in the ninth year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Councel and Courts of Justice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Justice in a publick Speech before divers of the Nobility and Gentry and before the Mayor Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege People declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did bind the King no further then he pleased 4. That Richard Earl of Cork having sued out process in course of Law for recovery of his Possessions from which he was put by colour of an order made by the said Earl of Strafford and the Councel Table of the said Realm of Ireland The said Earl of Strafford upon a paper Petition without legal proceeding did the 20. day of February in the 11. year of his now Majesties Reign threaten the said Earl of Cork being
then a Peer of the said Realm to Imprison him unless he would surcease his suit and said That he would have neither Law nor Lawyers dispute or question any of his orders And the 20. day of March in the said 11. year the said Earl of Strafford speaking of an order of the said Councel Table of that Realm in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alledged to be of no force said That he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdome as an Act of Parliament And did question the said Earl of Corke in the Castle Chamber upon pretence of the breach of the said order of Councel Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a power above the fundamental Laws and Established Government of that Kingdom and scorned the said Laws and established Government 5 That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a power above and against and to the Subversion of the said fundamental Laws and established Government of the said Realm of Ireland extending such his power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects in the said Realm viz. The said Earl of Strafford the twtefth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and receiver general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of death by a Councel of War called together by the said Earl of Strafford without any Warrant or Authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Month of March in the fourteenth year of his Majesties Reign without any legal or due proceedings or Tryal give or cause to be given a Sentence of death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence 6 That the said Earl of Strafford without any legal proceedings and upon a paper Petition of Richard Rolstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdom of Ireland the said Lord Mount-Norris having been two years before in quiet possession thereof 7. That the said Earl of Strafford in the Term of holy Trinity in the thirteenth year of his now Majesties Reign did cause a case commonly called the case of Tenures upon defective Titles to be made and drawn up without any Jury or Trial or other legal process and without the consent of parties and did then procure the Judges of the said Realm of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties Subjects to be also put out of Possession and Disseised of their Freehold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families utterly ruinated 8. That the said Earl of Strafford upon a Petition of Sir John Gifford Knight the first day of February in the said Thirteenth Year of his Majesties Reign without any legal Process made a Decree or Order against Adam Viscount Loftus of Ely a Peer of the said Realm of Ireland and Lord Chancellor of Ireland and did cause the said Viscount to be Imprisoned and kept close Prisoner on pretence of Disobedience to the said Decree or Order And the said Earl without any Authority and contrary to his Commission required and commanded the said Lord Viscount to yield unto him the Great Seal of the Realm of Ireland which was then in his custody by his Majesties Command and Imprisoned the said Chancellour for not obeying such his Command And without any Legal Proceedings did in the same Thirteenth Year Imprison George Earl of Kildare a Peer of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castle Leigh in the Queens County being of great yearly value to the said Earl of Strafford's Will and Pleasure and kept him a year prisoner for the said cause two moneths whereof he kept him close Prisoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earl of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots Widow to him the said Earl of Strafford the said Earl of Strafford recommended the said Petition to the Councel Table of Ireland where the most part of the Councel gave their Vote and Opinion for the said Lady but the said Earl finding fault herewith caused an Order to be entred against the said Lady and threatned her that if she refused to submit thereunto he would Imprison her and Fine her five hundred pounds that if she continued obstinate he would continue her Imprisonment and double her Fine every Moneth by means whereof she was enforced to relinquish her Estate in the Lands questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earl of Strafford And the said Earl in like manner did Imprison divers others of his Majesties Subjects upon pretence of Disobedience to his Orders and Decrees and other illegal Commands by him made for pretended Debts Titles of Lands and other Causes in an Arbitrary and Extrajudicial course upon Paper Petitions to him preferred and no other cause legally depending 9. That the said Earl of Strafford the Sixteenth day of February in the Twelfth Year of his now Majesties Reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors to their several Officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appear before them or appearing should omit or deny to perform or undergoe all lawful Decrees Sentences and orders issued imposed or given out against them and them to commit and keep in the next
breach of and contrary to the Lawes and Statutes of this Realm in that behalf established 19. That the said Earl having Taxed and Levied the said Impositions and raised the said Monopolies and committed the said Oppressions in his Majesties Name and as by his Majesties Royal Command he the said Earl in May the 15th Year of his Majesties Reign did of his own authority contrive and frame a new and unusual Oath by the purport whereof among many other things the party taking the said Oath was to swear that he should not protest against any of his Majesties Royal Commands but submit themselves in all Obedience thereunto Which Oath he so contrived to enforce the same on the Subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a Discontent with his Majesty and his Government there and compelled divers of his Majesties said Subjects there to take the said Oath some he grievously Fined and Imprisoned and others he destroyed and Exiled and namely the 10th of October Anno Dom. 1639. he fined Henry Steward and his Wife who refused to take the said Oath 5000 pounds apiece and their two Daughters and James Gray 3000 pounds apiece and Imprisoned them for not paying the said Fines The said Henry Steward's Wife and Daughters and James Gray being the Kings Liege People of the Scottish Nation and divers others he used in like manner And the said Earl upon that occasion did declare That the said Oath did not onely oblige them in point of Allegiance to his Majesty and acknowledgment of his Supremacy only but to the Ceremonies and Government of the Church established or to be established by his Majesties Royal Authority and said That the refusers to obey he would prosecute to the blood 20. That the said Earl in the 15 and 16 Years of his Majesties Reign and divers years past laboured and endeavoured to beget in his Majesty an ill Opinion of his Subjects namely those of the Scottish Nation and divers and sundry times and especially since the Pacification made by his Majesty with his said Subjects of Scotland in Summer in the 15th Year of his Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke his Majesty to an Offensive War against his said Subjects of the Scottish Nation And the said Earl by his Counsel Actions and Endeavours hath been and is a principal and chief Incendiary of the War and Discord between his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty That the Demand made by the Scots in this Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancor of his mind towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15 year of his Majesties Reign he said that the Nation of the Scots were Rebels and Traytors and he being then about to come to England he then further said That if it pleased his Master meaning his Majesty to send him back again he would root out of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said Oath in the Precedent Article onely excepted and the said Earl hath caused divers of the said Ships and Goods of the Scots to be stayed seized and molested to the intent to set on the said War 21. That the said Earl of Strafford shortly after his Speeches mentioned in the last precedent Article to wit in the fifteenth year of his Majesties Reign came into this Realm of England and was made Lord Lieutenant of Ireland and continued his Government of that Kingdom by a Deputy At his arrival here finding that his Majesty with much wisedom and goodness had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all means to procure his Majesty to break that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majesty to an offensive War against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that War he counselled his Majesty to call a Parliament in England yet the said Earl intended if the said proceedings of that Parliament should not be such as would stand with the said Earl of Strafford's mischievous designs he would then procure his Majesty to break the same and by ways of Force and Power to raise Monies upon the said Subjects of this Kingdom And for the incouragement of his Majesty to hearken to his advice he did before his Majesty and his Privy-Councel then sitting in Councel make a large Declaration that he would serve his Majesty in any other way in case the Parliament should not supply him 22. That in the month of March before the beginning of the last Parliament the said Earl of Strafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a War against the Scots And gave directions for the raising of an Army consisting of 8000 Foot and 1000 Horse being for the most part Papists as aforesaid And confederating with one Sir George Radcliffe did together with him the said Sir George Trayterously conspire to employ the said Army for the ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the Fundamental Laws of this Kingdome And shortly after the said Earl of Strafford returned into England and to sundry persons declared his opinion to be That his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levy what he needed and that he should be acquitted both of God and man if he took some other courses to supply himself though it were against the will of his Subjects 23. That upon the thirteenth day of April last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of this Kingdome both in respect of Religion and the publick liberty of the Kingdome and his Majesty referring chiefly to the Earl of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earl of Strafford with the assistance of the said Archbishop did procure his Majesty by sundry Speeches and Messages to urge the said Commons house to enter into some resolution for his Majesties Supply for maintenance of his War against his Subjects of Scotland before any course was taken for the relief of the great and pressing Grievances wherewith this Kingdom was then
afflicted Whereupon a demand was then made from his Majesty of 12 Subsidies for the release of Ship-money only and while the said Commons then assembled with expressions of great affection to his Majesty and his service were in debate and consideration of some supply before resolution by them made he the said Earl of Strafford with the help and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the 5 day of May last and upon the same day the said Earl of Strafford did Treacherously Falsely and Maliciously endeavour to incense his Majesty against his loving and faithful Subjects who had been Members of the said House of Commons by telling his Majesty they had denied to supply him And afterward upon the same did Treacherously and Wickely Counsel and Advise his Majesty to this effect viz. That having tried the affections of his People he was loose and absolved from all rules of Government and was to do every thing that power would admit and that his Majesty had tried all ways and was refused and should be acquitted both of God and man and that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdom to obedience 24. That in the same month of May he the said Earl of Strafford Falsely Treacherously and Maliciously published and declared before others of his Majesties Privy-Councel that the Parliament of England had for saken the King and that in denying to supply the King they had given him the advantage to supply himself by other ways and divers other times he did Maliciously Wickedly and Falsely publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usual way the King might provide for the Kingdome in such ways as he should hold fit and that he was not to suffer himself to be mastered by the frowardness of the People And having so maliciously slandered the said House of Commons he did with the help and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the Great Seal of England cause to be printed and published in his Majesties name a false and scandalous book entituled his Majesties Declaration of the causes that moved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said House of Commons 25. That not long after the dissolution of the said last Parliament viz. In the months of May and June He the Earl of Strafford did advise the King to go on rigorously in levying the Ship-money and did procure the Sheriffs of several Countries to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-Chamber for not levying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Mayor and the Aldermen and the Sheriffs of the said City were often sent for by his advice to the Councel Table to give an account of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these or the like Speeches viz. That they deserved to be put to Fine and Ransome and that no good would be done with them till an example were made of them and they were laid by the heels and some of the Aldermen hanged up 26. That the said Earl of Strafford by his wicked Counsel having brought his Majesty into excessive charges without any just cause he did in the month of July last for the support of the said great charges counsel and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the money in the Mint And to imbase his Majesties Coyn with the mixtures of Brass And accordingly he procured One hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to be seized on and stayed to his Majesties use And when divers Merchants of London owners of the said Bullion came to his house to let him understand the great mischief that course would produce here and in other parts what prejudice it would be to the Kingdome by discrediting the Mint and hindring the importation of Bullion he the said Earl told them That the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to help the Rebel than to help his Majesty and that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such Moneys to serve their Occasions And when in the same Month of July the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money he told them that the French King did use to send Commissaries of Horse with Commission to search into mens Estates and to peruse their accounts so that they may know what to levy of them by force which they did accordingly leavy and turning to the Lord Cottington then present said That this was a point worthy his Lordships consideration 27. That in or about the Month of August last he was made Lieutenant General of all his Majesties Forces in the Northern parts against the Scots and being at York did in the Month of September by his own authority and without any lawful warrant impose a Tax on his Majesties Subjects in the County of York of eight pence per diem for maintenance of every Soldier of the Trained bands of that County which Sums of Money he caused to be levied by force And to the end to compel his Majesties Subjects out of fear and Terrour to yield to the payment of the same He did declare that he would commit them that refused the payment thereof and the Soldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of High-Treason 28. That in the Month of September and October last he the said Earl of Strafford being certified of the Scottish Army coming into the Kingdome and he the said Earl of Strafford being Lieutenant General of his Majesties Army did not provide to the defence of the Town of New-Castle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings Kingdoms of England and Scotland in a National and Bloody War he did write to the Lord Conway the General of the Horse and under the
the ordinary Course and Courts of Justice declined 3. The proceedings in Civil Causes at Council-Board contrary to the Law and great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denied the benefit of the Princely Graces and more especially of the Statute of Limitations of 21 of Jac. granted by his Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice That contrary to His Majesties Pious Intentions His Subjects of this Land have not enjoyed the benefit of His Majesties Princely Promise thereby made 5. The extrajudicial avoiding of Letters Patents of Estates of a very great part of His Majesties Subjects under the Great Seal the Publick Faith of the King dom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to Law and without President or Example of any former Age. 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is ingrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and ingrossed thereby doth surmount His Majesties Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little profit by the same 7. The universal and unlawful encreasing of Monopolies to the advantage of a few the disprofit of His Majesty and impoverishment of His people 8. And the extream cruel Vsage of certain late Commissioners and other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this time of danger the said Plantation being the Principal Strength of those parts 9. The late Erection of the Court of High Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court in many Causes without legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much encreased His Majesties Revenue by the buying of Grants and otherwise And that all His Majesties Debts then due in this Kingdom were satisfied out of the said Subsidies and yet his Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner His Treasure is issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting men of Quality or Estates to depart this Kingdom into England without the Lord-Deputie's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free access to address to His Sacred Majesty and Privy-Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences 13. That of late His Majesties Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesties Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seized by the said Court which Proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by Consequence to the Ruin and Destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesties Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Vnwarrantable Proceedings Pursevants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late rightly represented to his Sacred Majesty For Remedy whereof the said Petitioners do humbly and of right beseech your Lordships That the said Grievances and Pressures may be speedily Redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a Select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to His Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and Honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost endeavour to serve His Majesty and comply with His Royal and Princely Occasions and shall pray c. To this the Earl replyed that their Lordships might observe that it bore Date Feb. 22 1640. which was since his Impeachment and that it is followed by Faction and Confederacy and a strong Conspiracy against him as if he had time and opportunity he could make it appear And indeed the Complaints of the Irish Nation against him who had in all things endeavoured to promote and
force if they could not be otherwise yet no breach appears no War was denounced there was no intention of a War but see what harboured in his Breast all the while The Fourth of December following my Lord Traquaire made his relation to the Council of the Scots proceedings and all this while there was no Demands brought by the Scots themselves nor reason of their Demands brought by others though they were not prepared yet you have heard his advice was for an offensive War and that the Demands were a just cause of the War And though he pretends he said no more than what the rest of the Lords of the Council concurred with him in I will joyn in issue with him in that and if some of your Lordships be not satisfied you have many Noble Lords among you from whom you may be satisfied that it is not so I am sure he proves it not It is true in the proposition of the Demands some of the Lords of the Council did say That these Demands hypothetically if the Scots did not give satisfaction by their Reasons were a just cause of War but not any Lord of the Council was of that opinion That the very Demands positively without hearing of the Reasons were a just cause of War but himself and I believe the Noble Lords of the Council their Consciences can tell them and I believe will deliver it to the rest of the Peers that I speak truth For the Offensive War he pretends a concurrence of the rest but it was disapproved many were for it upon these terms If they did not give Reasons and shew just cause for their Demands and many were against an Offensive War upon any terms and therefore herein he fixes that upon the Lords of the Council which he cannot make good All this while his intentions are discovered by a matter precedent but after the breach he discovers his anger further towards the Scottish Nation and makes it his design to incense the King to this War My Lords he is not at end yet for he confesses himself that he advised the King to call a Parliament and now I come to his work of merit but it was to his destruction and serves to prove this Article directly for to what purpose was this Parliament called Exitus acta probat it was no sooner set but within three Weeks a proposition is made for supply towards a War against the Scots who was the cause of calling the Parliament himself and therefore who was the cause of this Proposition but himself and so the calling of the Parliament is a concurring evidence of his being an Incendiary to put on the War and it shall appear anon absolutely that he was the occasion of it though he thinks there be no proof of it Did not he go over into Ireland and by his sollicitation there Subsidies were granted by the Parliament only to maintain this War and to shew their ingagement in it and who was the occasion of drawing them on I refer to your Lordships judgments by the circumstances precedent Your Lordships heard his good opinion of the Scots when he began to discourse with the Citizens touching Money and their affording of the King supply and seizing the Mint by giving them no better expositions than Rebels for saith he you are more forward to help the Rebels here than to pay the King his own I know not who he meant but certainly the Scots were in his thoughts so that from the beginning he incensed the War against them First he exclaimed against them during time of Peace He alledges in his Answer That things were found in such distraction that it was fit the Scots should be reduced by force he gave advice precipitately without hearing the reasons and not concurrent to the Council for an offensive War and putting all together I refer it to your Lordships judgment who is the Incendiary for how can it be proved more clearly unless it should appear under his Hand and Seal proved by two or three Witnesses Now My Lords how comes this to be his design here the Mystery comes to be unfolded Having thus incensed to the War and ingaged the King to the uttermost and having a Parliament now dissolved without supply he sets up an Idol of his own creation as a means to draw on his design and that was necessity necessity is it that must enforce the King what to do to levy Money to use his Prerogative to raise supplies upon His Subjects without their consent against their Will necessity must be his Argument and this War must be the occasion of that necessity and without that he cannot suggest to the King's ear or advise this necessity till this be brought to pass And now he hath brought it to pass he began in the One and twentieth Two and twentieth and Three and twentieth Article to perswade the King that Necessity hath surprized him by the Parliaments deserting of him that the Parliament had for saken the King in denying Supply and having tryed the affections of His People he was loose and absolved from all Rules of Government and had an Army in Ireland which he might employ to reduce this Kingdom That he spake these words to the King part is proved by two concurrent Witnesses that is that having tryed the affections of his People he was now loose and absolved from all Rules of Government which words are proved by two Witnesses of eminent quality that is my Lord of Northumberland and Sir Henry Vane and truly howsoever my Lord in his Speech pretends that the most material words are proved but by one Witness it seeming that he held it not a material charge that he counselled the King that he was absolved from all Rules of Government for my part if your Lordships be satisfied those words were proved I could willingly satisfy my own Conscience in it and make no great matter to quit the rest for I know not how he could express it in higher terms than that the King was absolved from all Rules of Government for then he might do what he would It is true the latter words touching the Irish Army are expresly proved but by one Witness Mr. Secretary Vane but are fortified again with such circumstances as make up more than one yea more than two other witnesses if your Lordships will have the Patience to have it represented as it is proved For howsoever it be slighted by him if your Lordships will call to mind the words of Sir George Ratcliffe his bosome Friend to whom he had contributed without question his advice in all causes the said Sir George Ratcliffe expressed it before and told some of his Friends supposing that he never should be called in question and that the power of my Lord of Strafford had been enough to protect any thing he had done and out of the abundance of the heart his mouth spake the King must now want no Money if he did no body would pity him
Corruptives of Judgment Mr. Speaker I do before God discharge my self to the uttermost of my Power And do with a clear Conscience wash my hands of this mans blood by this solemn Protestation That my Vote goes not to the taking of the Earl of Strafford 's Life Exceptions were taken at this Speech upon Friday following and the Lord Digby Explained himself but for the present there was nothing done in it though afterwards the sleeping Revenge roused it self to some purpose for upon the 15th of July to do him all the infamy they could this Speech was by Order of the House burnt by the hand of the Common Hangman in Smithfield Palace Yard and in the Royal Exchange The Lords made no great hast in dispatching the Bill of Attainder Saturday April 24. and therefore the Faction fell upon other Methods of quickening them one of which was a Petition from many Thousands of the City which was upon Saturday presented by them to both Houses thereby to make it appear the Desire of the City and to speak truth they had strangely Exasperated the City against him as will appear by the Petition which follows To the most Honourable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHEWETH THat notwithstanding His Majesties Gracious Answer The first Petition of the Citizens against the Earl of Strafford April 24. to the humble Petition of his Loyal Subjects in Summoning this Parliament with the great Care and Endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Common-wealth whereof the Petitioners have already received some Fruit for which they desire to return their most humble and utmost Thanks yet nevertheless they are enforced with all Humility to represent to this most Honourable Assembly some of those Obstructions which do still hinder that freedom and fulness of Trade in this City they have formerly had and which considering the numerous multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdom even since the Troubles in Scotland hath caused both Strangers and also some of our own who did furnish great summs of money to use to call it in and remit much of it by Exchange into Forraign Parts and stand now in expectation of what the Issue of things may be The stopping Money in the Mint which till then was accounted the safest place and surest Staple in these parts of the World still doth hinder the Importation of Bullion the Scots now disabled to pay such Debts as they owe to the Petitioners and others in the City and by reason of the Oppressions exercised in Ireland their Debts also are detained there The English Trade by reason of our general Distractions and Fears is so much decayed that Country Trades-men cannot pay their Debts in London as formerly The great Sums of Money unduly taken by His Majesties Officers and Farmers for Impositions upon Merchandize Exported and imported and the want of Relief in Courts of Justice against them The drawing out from the City great Sums of Money which is the Life and Spirit of Trade for His Majesties Service in the North and being there employed is not yet returned Besides all which from what strong and secret Opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still Incendiaries of the Kingdoms and other Notorious Offenders remain unpunished The Affairs of the Church notwithstanding many Petitions concerning it and long Debate about it remains unsetled the Papists still Armed the Laws against them not Executed some of the most Active of them still at Court Priests and Jesuits not yet Banished the Irish Popish-Army not yet Disbanded Courts of Justice not yet reformed and the Earl of Strafford who as now appears hath Counselled the Plundring of this City and putting it to Fine and Ransom and said It would never be well till some of the Aldermen were hang'd up because they would not yield to Illegal Levies of Monies had so drawn out and spent this time in his business to the very great Charge of the whole Kingdom and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the Birth of your great endeavours and that we lie under some more dangerous Plot than we can discover All which Premisses with their Fears and Distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave Consideration of this most Honourable Assembly as being the true Causes of decay of Trade discouragement of Trades-men and of the great scarcity of Monies with the Consequences they labour under And do humbly pray That their sad Grievances may be Redressed the Causes of their Fears removed Justice executed upon the said Earl and other Incendiaries and Offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their Lives Liberties or Estates can be secured And as in Duty bound they shall ever pray c. But all they could do notwithstanding the frequent Conferences and Debates the Lords resolved to hear what the Councel would first say upon the Legality of the Bill upon which this Message was sent to the Commons by Judge Foster and Judge Heath That their Lordships will be ready to meet at a Conference by a Committee of both Houses at Nine of the Clock upon Thursday Morning in Westminster-Hall there to hear this House according to their own Offers when they brought up the Bill of Attainder of the Earl of Strafford Mr. Hide was this Day sent up to the Lords Widnesday April 28. to acquaint them with the Fears they have that the Earl of Strafford may design to Escape That he hath Ships at Sea at Command and the Guards weak and to desire he may be made a close Prisoner and the Guards strengthened To which the Lords answered They would take it into Examination and give Directions accordingly Upon Thursday the Houses being met at the Hall Thursday April 29. the King Prince and Queen being present Mr. St. Johns to whom that Province was consigned by the Commons made his Argument of the Legallity of the Bill of Attainder as followeth My Lords THE Knights Mr. St. John's Argument at Law for passing the Bill of Attainder April 29. Citizens and Burgesses of the Commons House of Parliament have passed a Bill for the Attainting of Thomas Earl of Strafford of High-Treason The Bill hath been transmitted from them to your Lordships it concerns not him alone but your Lordships and the Commons too though in different respects It concerns his Lordship the highest that can be in the Penal Part so it doth on the other side as highly concern your Lordships and the Commons in that which ought to be the tend'rest the Judicatory within that that Judge not them who Judge
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
confessed he had taken to be secret Exceptions taken against the L. Digby for words concerning Goring's Oath saying he was a perjured man After a warm Debate upon it and he had in his Place Explained himself yet the House not being satisfied with it he was ordered to withdraw A Petition was this day read in the House of Lords The Factious Sectaries disturb the People at the Communion declaring the great Disorders committed in the Parish Churches of Saint Saviours and St. Olaves in Southwark in time of the Administration of the Communion hereupon it was Ordered That the Names of the particular Offenders be given in to this House and then this House will give such Order therein as stands with Justice and the Desert of the Cause These were the Men for Reformation whom nothing not the most Sacred Duty of Christian Religion could keep within the bounds of Decency and Order The Lords finding themselves Extremely Pressed by the bringing Writs of Errors upon Judgments into their House whereby the Publique Affairs were much retarded Order of the Lords about Writs of Error made this Order Ordered That such persons that bring in Writs of Error into this House upon a Judgment given in a Court of Justice and if it appear that there is no Just Cause of Error in the said Judgment but merely for delay of Justice and Execution that then such Costs is to be given against the Parties that bring the Writ of Error as the House shall think fit to give in that Case And that the Record shall be remitted whence it came that the Defendant may take out Execution upon the Judgment The House of Commons Sitting late the last Night upon the Debate concerning the Lord Digby Wednesday June 9. and some persons calling for Candles which the major part opposed being inclined to rise but by mistake the Candles being brought in Sir William Widdrington and Sir Herbert Price sent to the Tower for bringing in Candles against the desire of the House and Sir William Widdrington and Sir Herbert Price taking them from the Serjeant without a General Command which occasioned a great disturbance in the House Mr. Hollis made a Speech in aggravation of their Offence shewing That the House of Commons being a Rule and Example of Order there ought to be no Disorders within those Walls for that if there were such within well might it be Expected there would be without and that it might be the occasion of shedding much blood among themselves if upon such a difference Parties should have sided one against another Whereupon though both the Gentlemen made their Submission and craved the Pardon of the House yet they were immediately committed Prisoners to the Tower during the Pleasure of the House The House then fell upon the last Nights Debate concerning Colonel Goring's Discovery and it was Resolved Vote in favour of Colonel Goring's discovery c. That Col. Goring in his Depositions concerning the Discovery has done nothing contrary to Justice or Honor but has therein deserved well of the Commonwealth and of this House By this time I doubt not but the Reader 's Curiosity will prompt him to know the meaning of this Conspiracy which made as much noise in London and indeed throughout England as ever the famous Conspiracy of Cataline did at Rome I will give him the best Information I can from the Memoires of the Lord Manchester and in his own words TO prevent the Earl of Strafford's Death An Account of the Conspiracy in the Army from the Memoires of the Earl of Manchester saith he several Designs had been upon the Wheel but all failed therefore it was consulted how to Engage the Army in the North to serve the King in order to his Freedom from the Parliaments Fetters metre le Roy hors d' paye as the Royalists termed it This occasioned several Addresses to the Principal Commanders in the North but they were fearful and backward to entertain any Motions or Propositions which might put them upon a breach with the Parliament But Mr. Percy and Mr. Jermin finding a great discontent in those Commanders of the Army who were Members of Parliament as Col. Wilmot Col. Ashburnham and Col. Pollard who thought that their Services had merited much better of the Parliament then that the Scotch Officers and Scots Army should be preferred before them in their Gratuities and in their Pay These Commanders owning that the Parliament had disobliged them gave Mr. Percy a rise to press with greater Earnestness his design of Engaging them to serve the King and to that End an Oath of Secrecy was â—amed and others were admitted into their Confederacy as Mr. Jâ—â—â—in and Mr. Goring and Propositions were framed But it fell out in this as in most Conspiracies of the like Nature that though the same Oath was taken by all that met together yet it was not taken by all with the same persuasion or intention For Col. Goring whose Ambition was not answered in being promised the Place of Lieutenant General of the Army and finding others employed whose persons he disliked he having a full Information from Mr. Percy and Mr. Jermin of all the Design thought it would tend most to his Security and Advantage to reveal the Conspiracy and being versed in all the Methods of falshood he chose the Time and Means which he thought would be most acceptable and obliging to the Parliament He therefore first imparts it to the Earl of Newport who was his particular Friend and desired him to bring him to some other Lords of the Parliament such as might be most likely to prevent that Mischief which was intended and accordingly the next day about Evening the Lord Newport brought him to the Earl of Bedford and the Lord Mandeville to whom he first made a Protestation of his Fidelity to the Parliament and of his readiness to run all hazards for the Safety of it Then he imparted the substance of the Design and desired them to make what Use of it they thought fit for their own and the Common-wealths Security but not to bring him as the Accuser of the Persons except Necessity did require it The Lords who had this Design revealed unto them thought it necessary to discharge themselves and communicated it to some Members of the House of Commons by whose Advice it was agreed That Goring should repair to his Government at Portsmouth and that so soon as he was gone the Persons whom he had discovered to be Actors in this Design should be apprehended but private Notice being given to Mr. Percy and Mr. Jermin they prevented the Justice of the Parliament by their Escape out of England Mr. Percy with some difficulty and hazzard took Shipping in a private Port in Sussex Mr. Jermin ventured upon Goring's Faithfulness to him and brought unto him a Warrant under the King's Hand to see him safely transported in one of his Frigots which he obeyed with Care and
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
aforesaid did on the deliver his Opinion in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-Money that he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in Question A Copy of which proceeding and judgment the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and one of the Justices of Assize for the County of York did at the Assizes held at York in Lent 1636. deliver his charge to the Grand-Jury that it was a lawful and inseparable Flower of the Crown for the King to command not only the Maritime Counties but also those that were In-land to find Ships for the defence of the Kingdom And then likewise falsely and maliciously affirmed that it was not his single judgment but the judgment of all his Brethren witnessed by their subscriptions And then also said that there was a rumour that some of his Brethren that had subscribed were of a contrary Judgment but it was a base and unworthy thing for any to give his Hand contrary to his Heart and then wished for his own part that his Hand might rot from his Arm that was guilty of any such Crime when as he knew that Master Justice Hutton and Master Justice Crook who had subscribed were of a contrary Opinion and was present when they were perswaded to subscribe and did subscribe for Conformity only because the major Number of the Judges had subscribed And he the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false malicious Words were uttered as aforesaid with intent and purpose to countenance and maintain the said unjust Opinions and to terrifie His Majesties Subjects that should refuse to pay Ship-Money or seek any remedy by Law against the said unjust and illegal Taxation 8. That whereas Richard Chambers Merchant having commenced a Suite for Trespass and false imprisonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-Money in the time that the said Sir Edward Bromfield was Lord Mayor of the City of London in which Suite the said Sir Edward Bromfield did make a special Justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench in Trinity Term last then sitting on the Bench in the said Court upon debate of the said Case between the said Chambers and Sir Edward Bromfield said openly in the Court that there was a Rule of Law and a Rule of Government And that many things which might not be done by the Rule of Law might be done by the Rule of Government And would not suffer the Point of Legality of Ship-Money to be argued by Chambers his Councel all which Opinions Declarations Words and Speeches contained in the Third Fourth Fifth Sixth Seventh and Eighth Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which Resolution in Parliament and Petition of Right were well known to him and Resolved and Enacted when he was the King's Serjeant at law and attendant in the Lords House of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of King's-Bench and being in Commission of the Peace and duly sworn to execute the Office of a Justice of Peace in the County of Hertford on or about the seventh of January 1638. at which time the General Sessions of the Peace for the said County were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the Grand-Jury returned to serve at the said Sessions for presenting the removal of the Communion Table in All-Saints Church in Hertford aforesaid out of the Place where it anciently and usually stood and setting it Alter-ways against the Laws of this Realm in that Case made and provided as an Innovation in Matters concerning the Church the said Grand-Jury having delivered to them in Charge at the said Sessions by Master Serjeant Atkins a Justice of the Peace of the said County of Hertford that by the Oath they had taken they were bound to present all Innovations concerning Church Matters And he the said Sir Robert Berkley compelled the Fore-Man of the Jury to tell him who gave him any such Information and thereby knowing it to be one Henry Brown one of the said Grand-Jury he asked the said Brown how he durst meddle with Church Matters who affirming that in the said Charge from Master Serjeant Atkins the said Jury was charged to do he the said Sir Robert Berkley told the said Brown he should therefore find Sureties for his good Behaviour and that he the said Sir Robert Berkley would set a great Fine on his Head to make him an Example to others and thereupon the said Brown offered sufficient Bail but he the said Sir Robert Berkley being incensed against him refused the said Bail and committed the said Brown to Prison where he lay in Irons till the next Morning and used to the said Brown and the rest of the Jurors many other reviling and terrifying Speeches And said he knew no Law for the said Presentment and told the said Brown that he had sinned in the said Presentment And he compelled the said Grand-Jurors to say they were sorry for that they had done in that Presentment and did bid them to trample the said Presentment under their Feet and caused Brown to tear the said Presentment in his sight And he the said Sir Robert Berkley when as John Houland and Ralph Pemberton late Mayor of Saint Albons came to desire his Opinion on several Indictments against John Brown Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the Quarter Sessions held at the said Town of Saint Albons on the four and twentieth of June 1639. for the removal of the Communion Table out of the usual Place and not Administring the Sacrament according to Law in that Case provided He the said Sir Robert Berkley then told them that such an Indictment was before him at Hertford and that he quashed the same and imprisoned the Promoters by which threatning and reviling Speeches unjust Actions and Declarations he so terrified the Jurors in those Parts that they durst not present any Innovations in the Church Matters to their great Grief and Trouble of their Consciences And whereas several Indictments were preferred against Matthew Brook Parson of Yarmouth by John Ingram and John Carter for refusing several times to Administer the Sacrament of the Lords-Supper to them without any lawful Cause at the Assizes held at Norwich in 1633. He the said Sir Robert Berkley then being one of the Judges of the Assize proceeded then to the Tryal on the said
no cause appeared or such only as was clearly Bailable by Law yet he remanded them where they remained Prisoners very long Which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir Robert Berkley and were Resolved on and Enacted when he was the Kings Serjeant at Law and attendant in the Lords House in Parliament 11. That whereas there was a Cause depending in the Court-Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tithes for Rents and Houses in Norwich and the said Collard moved by his Council in the Court of Kings Bench for a Prohibition to stay proceedings in the Court Christian at Norwich and delivered into the said Court of Kings Bench his suggestions that the said Cause in the said Court Christian was only for Tithes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir Robert Berkley being one of the Justices of the said Court of Kings Bench and sitting in the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Council did move in the said Court many several times and several Terms for a Prohibition And he the said Sir Robert Berkley deferred to grant his Majesties Writ of Prohibition to several other Courts on the motions of divers others of His Majesties Subjects where the same by the Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledge All which Words Opinions and Actions were so spoken and done by him the said Sir Robert Berkley Traiterously and Wickedly to Alienate the Hearts of His Majesties Liege People from His Majesty and to set a division betwixt them and to subvert the Fundamental Laws and Established Government of His Majesties Realm of England for which they do Impeach him the said Sir Robert Berkley one of the Justices of the Court of Kings Bench of High Treason against our Soveraign Lord the King His Crown and Dignity and of the misdemeanors above mentioned And the said Commons by Protestation saving to themselves only the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Robert Berkley and also of replying to the answer that he the said Sir Robert Berkley shall make to the said Articles or any of them or of offering Proof of the Premises or any other Impeachments or Accusations that shall be Exhibited by them as the case shall according to the course of Parliaments require do pray that the said Sir Robert Berkley one of the Justices of the Court of Kings Bench may be put to answer to all and every the Premises and that such Proceedings Examinations Tryals Judgments and Executions may be upon every of them had and used as is agreeable to Law and Justice Upon the Articles of Impeachments of the Lord Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston Mr. Hide by the Command of the Commons spake as follows My Lords THere cannot be a greater instance of a sick and languishing Commonwealth than the business of this day Good God! Mr. Hide 's Speech at the delivering of the Articles of Impeachment of the L. Chief Baron Davenport Mr. Baron Trevor and Mr. Baron Weston July 6. 1641. how have the guilty these late years been punished when the Judges themselves have been such Delinquents 'T is no marvel that an Irregular Extravagant Arbitrary Power like a Torrent hath broke in upon us when our Banks and our Bulworks the Laws were in the custody of such Persons Men who had lost their Innocence could not preserve their Courage nor could we look that they who had so visibly undone us themselves should have the Vertue or Credit to Rescue us from the Oppression of other Men. 'T was said by one who always spoke excellently That the Twelve Judges were like the Twelve Lions under the Throne of Solomon under the Throne in Obedience but yet Lions Your Lordships shall this day hear of Six who be they what they will be else were no Lions who upon vulgar fears delivered up the precious Forts they were trusted with almost without assault and in a tame easie Trance of flattery and servitude lost and forfeited shamefully forfeited that Reputation Awe and Reverence which the Wisdom Courage and Gravity of their Venerable Predecessors had contracted and fastned to the places they now hold and even rendred that study and profession which in all Ages hath been and I hope now shall be of an honourable Estimation so Contemptible and Vile that had not this blessed day come all Men would have had that quarrel to the Law it self which Marius had to the Greek Tongue who thought it a mockery to learn that Language the Masters whereof lived in bondage under others And I appeal to these unhappy Gentlemen themselves with what a strange negligence scorn and indignation the faces of all men even of the meanest have been directed towards them since to call it no worse that fatal declension of their understandings in those Judgments of which they stand here charged before your Lordships But my Lords the work of this day is the greatest instance of a growing and thriving Common-wealth too and is as the dawning of a fair and lasting day of happiness to this Kingdom 'T is in your Lordships power and I am sure 't is in your Lordships will to restore the dejected broken people of this Island to their former joy and security the Successors of these Men to their old Priviledge and Veneration sepultas propè leges revocare My Lords the iniquity of Judges is infectious and their craftiest Combination to leave us as few innocent as may be Your Lordships have heard of the justice of Two of the greatest Courts of Westminster and that you may know how little advantage the other of his Majesties Revenue the Court of Exchequer hath of its fellows in the Administration of Right I am commanded by the House of Commons to present to your Lordships Three several Charges against three Judges of that Court my Lord Chief Baron Davenport Mr. Baron Trever and Mr. Baron Weston Your Lordships will please to hear them read Here the several Articles were read Your Lordships observe that the great Resolution in Ship-mony was a Crime of so Prodigious a Nature that it could not be easily swallowed and digested by the Consciences even of these Men but as they who are to Wrestle or run a Race by degrees prepare themselves by Diet and lesser Essays for the main Exercise so these Judges enter themselves and harden their hearts by more
Michaelmas-Term in the said fourth Year of His Majesties Reign His Majesties then Attorney General exhibited an Information by English Bill in the Exchequer against the said Samuel Vassal setting forth that King James by his Letters-Patents dated Tertio Novembr in the second Year of His Reign did command the said Imposition of five Shillings six Pence upon every hundred weight of Currants should be demanded and received And that His Majesty that now is by His Letters-Patents dated the six and twentieth Day of July in the second Year of His Reign did by advice of his Privy-Councel declare his Will and Pleasure to be That Subsidies Customs and Impost should be levyed in such manner as they were in the Time of King James and the same and the Farmers thereof to continue until it might receive a setling by Parliament and commanded the levying and receiving the same accordingly and that the said Samuel Vassal before the first Day of October then last before the said Information exhibited did bring into the Port of London in Ships four Thousand six Hundred thirty eight Hundred Weight of Currants Richard Carmarthen Surveyor in the said Port of London the said first Day of October demanded of the said Samuel Vassal the said Imposition of five Shillings six Pence for every hundred Weight of the said Currants and that the said Samuel Vassal refused to pay the said Imposition and unjustly detained it from the King To which Information the said Samuel Vassal appeared and pleaded the Statute of Magna Charta and the Statute of de Tallagio non concedendo and that he was a Subject born under the Kings Allegiance and a Merchant of London using that Trade and that the said Summ of five Shillings six Pence upon every hundred Weight of Currants was and is malum talentum and not antiqua seu recta consuetudo and that it was imposed without Assent of Parliament to which Plea the said Attorney General demurred in Law and the said Samuel Vassal joyned in Demurrer with him and when the said Cause came to be argued viz. in Trinity Term in the sixth Year of His Majesties Reign the said Sir Humphrey Davenport being then Lord Chief Baron of His Majesties said Court of Exchequer did contrary to his Oath and contrary to the Laws of this Realm and to the great impoverishment of the said Samuel Vassal publickly deny to hear the Councel of the said Samuel Vassal to argue for him and said that the Case of the said Samuel Vassal would fall under the same Rule with the Case of one Bates and therefore was already judged and when the Councel of the said Samuel Vassal answering that they had nothing to do with Bates his Case but desired to argue for Master Vassall the said Sir Humphrey Davenport replyed that they knew the Opinion of the Court and should be heard no further and said that the King was in Possession and that they meaning the said Court of Exchequer would keep him in Possession And the said Sir Humphrey Davenport shortly after did together with the rest of the then Barons of the said Court of Exchequer imprison the said Samuel Vassal for not paying such Summs of Money as were pretended by the said Officers of the Custom-House to be due to His Majesty and did delay the said Samuel Vassal from time to time from having restitution of his said Goods being often in Court moved thereto with intention to force the said Samuel Vassal to pay the said unlawful Imposition and did also give his Opinion and Judgment upon the said Information for the King and against the said Samuel Vassal and by several Orders for that purpose made did continue the Possession of the said Goods in the King and the said Samuel Vassal could never obtain any restitution at all of his said Goods 1. That whereas it was commanded to the Sheriff of the County of York by Writ under the Seal of His Majesties Court of Exchequer dated the sixteenth Day of May in the seventh Year of His Majesties Reign that now is That he should destrain James Maleverer Esquire to appear before the Barons of his Majesties said Court of Exchequer in the Octaves of the Holy Trinity then next following to make fine to the King for his Trespass and Contempt in not coming to the Presence of the King before the one and thirtieth Day of January in the first Year of his said Majesties Reign to take upon him the Order of Knighthood according to the Form of a Proclamation in that behalf formerly made at which Day of the said Octaves of the Holy Trinity the said James Maleverer did appear and pleaded to the said Writs that although His said Majesty the said one and thirtieth Day of January and for three Days next before the said one and thirtieth Day of January was resident and remaining at his Pallace at White-Hall in the County of Middlesex and that the said James Maleverer the said one and thirtieth Day of January and three Days next before the said one and thirtieth Day of January was resident and remaining at Ancliff in the said County of York which is distant from the said Pallace of White-Hall the space of one Hundred and fourscore Miles and that the said James Maleverer the said one and thirtieth Day of January aforesaid or at any time before had no Lands nor Rents in his own Hands or in the Hands of Feoffees to his use out of the said County of York and that that part of the said County of York which is nearest to the said Pallace of White-Hall is distant from the said Pallace of White-Hall the space of one hundred and thirty Miles and that no Proclamation by vertue of any Writ of Proclamation for the appearance of any Persons whatsoever to take the said Order of Knighthood was made in any Part of the said County of York before the thirtieth Day of January in the said first Year of His Majesties Reign by reason whereof the said James Maleverer could not personally come to the Presence of His said Majesty to take the said Order of Knighthood before the said one and thirtieth Day of January in the said first Year of His Majesties said Reign yet the said James Maleverer for his Fine in the Premisses did humbly submit himself to the said Court and demanded to be discharged of the said Issues returned and imposed upon him by reason of the Premisses yet notwithstanding the said Plea and Submission of the said James Maleverer and after the same was made as aforesaid and entred upon Record in His Majesties said Court of Exchequer and the said Court moved for stay of the Process and discharge of the Issues the said Sir Humphrey Davenport being then Lord Chief Baron of the said Court of Exchequer contrary to his Oath and contrary to the Laws of this Realm and to the great impoverishing of the said James Maleverer did together with the rest of the then Barons of the said
Court refuse to impose any Fine whatsoever upon the said James Maleverer and told him that the said Court had no Power to Fine him and that he must compound with certain Commissioners for that purpose appointed And did farther order and direct several other Writs of Distringas to issue forth of His Majesties said Court of Exchequer under the Seal of the said Court directed to the several High Sheriffs of the said County of York whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid upon which said Writs of Distringas several great and excessive Issues were returned upon the Lands of the said James Maleverer amounting to the Summ of two Thousand Pounds or thereabouts a great part whereof the said James Maleverer was inforced to pay and in like manner the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer did order and direct such and the like unjust and undue Proceedings and the said Proceedings were had and made accordingly against Thomas Moyser Esquire and against several other Persons His Majesties Subjects in several Parts of this Realm to the utter undoing of many of them 2. That a Sentence of Degradation being given by the High Commissioners of the Province of York against Peter Smart Clerk one of the Prebends of the Church of Durham for a Sermon by him formerly Preached against some Innovations in the Church of Durham a Tryal was afterwards had viz. in August in the seventh Year of his said Majesties Reign before the said Sir Humphrey Davenport Knight then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham concerning the Corps of the Prebend of the said Master Smart which was then pretended to be void by the said Sentence of Degradation the said Sir Humphrey Davenport contrary to his Oath and contrary to the Laws of this Realm and to the destruction of the said Master Smart upon reading the Writ de haeretico comburendo did publickly on the Bench in the presence of divers His Majesties Subjects then attending declare his Opinion to be That the said Prebends Place was void and gave directions to the Jury then at Bar to find accordingly and being then informed that although the said Master Smart had been dead or deprived yet the Profits of his Prebend had been due to his Executors till the Michaelmas following the said Sir Humphrey Davenport then answered That though the said Master Smart was not dead Yet if he had his desert he had been dead long ago for he deserved to have been hanged for the said Sermon and that he was as wicked a Man as any lived in the World call him no more Master Smart but plain Smart And when the said Jury had found against the said Master Smart the said Sir Humphrey Davenport in scandal of His Majesties Government and Justice and of the Proceedings of His Majesties Judges did publickly as aforesaid speak Words to this effect That the said Jury had well done and that the said Smart had no remedy save by appeal to the King and there he should find but cold Comfort for the King would not go against his own Prerogative upon which the Judges and High Commissioners did depend and therefore would not contradict one anothers Acts. That the said Sir Humphrey Davenport about the Month of November Anno Dom. 1635. then being Lord Chief Baron of his Majesties Court of Exchequer and having taken an Oath for the due Administration of Justice to His Majesties Liege People according to the Laws and Statutes of this Realm subscribed his Name to an Opinion in haec verba I am of Opinion That as where the benefit doth more particularly redound to the good of the Ports or Maritime Parts as in Case of Piracy or Depredations upon the Seas there the charge hath been and may be lawfully imposed upon them according to Presidents of former Times so where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger of which His Majesty is the only Judg there the Charge of the Defence ought to be borne by all the Realm in general this I hold agreeable both to Law and Reason That in or about the Month of February Anno Dom. 1636. the said Sir Humphrey Davenport then being Lord Chief Baron of the said Court of Exchequer subscribed an extrajudicial Opinion in Answer to Questions in a Letter from His Majesty ut supra in the Articles against Judge Bramston and Judge Berkley That whereas an Action of Battery was brought by one Richard Legge against Robert Hoblins to which the said Hoblins pleaded Justification de son assault de mesme and the said Cause came to Tryal at the Assizes holden for the County of Gloucester in Summer An. 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that County At the said Tryal the said Robert Hoblins did begin to make proof of his said Justification and produced one Robert Tilly a Witness in the Cause who proved upon Oath that the said Richard Legge did make the first Assault upon the said Robert Hoblins and that the occasion thereof was that the said Richard Legge and others came upon the Lands then in Possession of the said Hoblins and did take and drive away eighteen Cows of the said Hoblins pretending they had a Warrant from the Sheriff to distrain the same for forty Shillings assessed upon the said Hoblins for Ship-Money And when the said Hoblins being present endeavoured to hinder the said Legge and others from taking away his said Cattel the said Legge strook the said Hoblins with a Staff who after defended himself That upon the opening of the Matter the said Sir Humphrey Davenport would not suffer the said Hoblins to produce any more Witnesses on his behalf though the said Hoblins desired that other of his Witnesses then present and sworn might be heard nor his Councel to speak for him but being informed that the said Hoblins when Ship-Money was demanded of him answered that he would not pay the same because it was not granted by Parliament the said Sir Humphrey Davenport did then openly in the hearing of a great number of His Majesties Liege People then assembled and attending the Court in great Passion reprove the said Hoblins and told him that the King was not to call a Parliament to give him satisfaction and did then and there also falsly and of purpose to prevent His Majesties loving Subjects from the due and ordinary course of Law and contrary to his Oath and the Laws of the Realm Publish Declare and affirm that it was adjudged by all the Judges of England that Ship-money was due to the King and directed the Jury Sworn in that cause to find a Verdict for the said Richard Legge And the said Jury did accordingly and gave him twenty Pound damages And the said
Humphrey Davenport did then also without any cause Imprison the said Robert Hoblins and bound him to the good behaviour That whereas in the Month of April Decimo sexto Caroli the Officers of the Custom-House having Seized a Ship of one Samuel Warner Laden with Tobacco being the Goods of the said Warner the Bulk of the said Ship not being broken and no Information Exhibited for the King according to the course of the Exchequer for any Duty the Barons were moved that the said Ship might be restored to the Proprietors giving security to pay such duties as did belong to the King but upon the allegation of the Kings Attorney that there needed no information because there was no penalty the said Sir Humphrey Davenport being then Lord Chief Baron of His Majesties Court of Exchequer together with the rest of the then Barons of the said Court did contrary to his Oath and contrary to the Laws of this Realm deny the restitution of the said Ship unless all the duties demanded by the Farmers of the Custom-House were first paid Hereupon the said Warner brought an Action of Trover in the Office of Pleas in the Exchequer against the said Officers that Seized his Ship and Goods Whereupon the Kings Attorney General exhibited an Information by English Bill in the Exchequer Chamber against the said Warner setting forth that Customs and Subsidies upon Merchandise were a great part of the Kings Revenue and payable to him And that the said Ship was Seized for non-payment of the aforesaid duties notwithstanding the said Warner then Proprietor Prosecuted the Officers upon a Suit at Law and prayes that he may answer the said Information before any further proceedings be had at Law Thereupon the said Sir Humphrey Davenport together with the rest of the then Barons of the said Court of Exchequer ordered that the Proprietor moving for the delivery of the said Goods should first answer to the Information after which the said Warner demurred to the said Information in regard no Title for any certain duty was set forth by the Information which demurrer yet remains not over-ruled but the said Sir Humphrey Davenport with the said other Barons without over-ruling the demurrer Ordered because Warner had put in a demurrer and not answered to the said Information that he should not proceed upon the Action of Trover The Proprietor being thus prevented of his remedy by Action at Law sued forth a Replevin and upon pretence of viewing the said Goods caused them to be brought forth of a Cellar hired by a Deputy to the Farmers to that use and being brought forth they were taken by the Sheriffs of London by vertue of the said Replevin and upon Oath made of the manner of the taking as aforesaid before the Barons and upon view of the President Inrolls the Case the said Sir Humphrey Davenport with the said other Barons adjudged that the said Goods were not Replevisable and granted an Injunction to maintain Possession of them as they were before And the said House of Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Humphrey Davenport and also of replying to the answer that he the said Sir Humphrey Davenport shall make unto the said Articles or any of them or of offering proof of the Premisses or any of their Impeachments or Accusations that shall be Exhibited by them as the Case shall according to the course of Parliaments require do pray that the said Sir Humphrey Davenport Lord Chief Baron of His Majesties Court of Exchequer may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice The ARTICLES against Mr. Justice Trevor were as followeth Articles of the House of Commons in the Name of themselves and of all the Commons of England against Sir Thomas Trevor Knight one of the Barons of His Majesties Court of Exchequer Impeaching him as followeth 1. THat in or about November 4. Car. divers Goods and Merchandises whereof John Rolls George Moore and other Merchants of London were Proprietors being Seized and conveyed into certain Store-Houses at the Custom-House by Sir John Worstenham Abraham Dawes and other the Farmers and Officers of the Customs and by them there detained because the said Proprietors refused to pay the Subsidy of Tonnage and Poundage pretended to be due and demanded by the said Farmers and Officers on His Majesties behalf for the said Merchandises whereas no such Subsidy or Duty of Tonnage or Poundage was due or payable for the same no Subsidy of Tonnage and Poundage having been granted by Parliament to His Majesty The said John Rolls and others the Proprietors of the said Goods having by reason of such unlawful Seizure and Detainer as aforesaid Sued forth one or more Writ or Writs of Replevin directed to the Sheriffs of London being the proper remedy provided by the Law to regain the Possession of Goods taken and with-held from the Owners contrary to Law the said Sir Thomas Trevor Knight then and yet one of the Barons of His Majesties said Court of Exchequer together with the rest of the then Barons of the said Court upon Information to them given That the said Proprietors or some of them had Sued forth and did Prosecute such Writ or Writs of Replevin for the delivery of the said Goods did order an Injunction under Seal of the said Court to Issue forth directed to the Sheriffs of London commanding them thereby not to Execute the said Writ or Writs of Replevin or any like Writ thereafter to be Sued forth by any Person or Persons for the delivery of any Goods in the like nature detained And it did declare and order publickly in the said Court of Exchequer that the said Goods by Law were not Replevisable alledging for cause that the said Goods were in the Kings own Possession whereas the same did not judicially appear to them and they did well know that the said Goods were at that time in the Possession of the Farmers and Lessees of the said Customs and no Lawful cause to them appearing or suggested of the taking and detaining of the said Goods which Injunctions and Declaration so granted and made were and are against the Laws of this Realm and in subversion of the common right and remedy of the Subject for regaining the Possession of his Goods being taken and with-holden from him without Lawful cause That the Sheriffs of London for the time being served with the said injunction did forbear to execute the said Writ or Writsof Replevin by means whereof the said Goods continued so detained as aforesaid contrary to Law from the Month of November till the Month of June following That the said Sir Thomas Trevor and other the Barons aforesaid knowing the said Goods to be unlawfully Seized and Detained for the pretended Duties and
be made acquainted by the Lords of the Council why they Committed and therefore Remitted him And in Michaelmass Term after the said Jenings being brought by another Habeas Corpus as aforesaid and the same returned yet he the said Sir John Brampston refused to Discharge or Bail him but remitted him And in Easter Term next after several Rules for His Majesties Council to shew cause why he the said Jenings should not be Bailed a fourth Rule made for the said Jenings to let His Majesties Attorney have notice which notice was given accordingly yet he remitted him And the said Jenings by another Habeas Corpus brought to the Barr as aforesaid in Trinity Term after and the same return with the addition of a new Commitment of the fourth of May 1638. suggested that he the said Jenings had used divers scandalous words in derogation and disparagement of his Majesties Government After several Rules in the end of the said Trinity Term he again remitted him to Prison And he the said Sir John Brampston about the ninth of July after at his Chamber in Serjeants-Inn being desired by Mr. Meawtis one of the Clerks of the Council-Board to discharge the said Jenings for that he the said Jenings had entred into a Bond of 1000 l. to appear before the Lords of the Council the next Michaelmas Term after and to attend de die in diem yet the said Sir John Brampston refused to discharge the said Jenings until he entred into Recognisance to appear the next Term and in the mean time to be of his good behaviour And the said Jenings was continued on his said Recognisance till Easter Term after And the said Sir John Brampston did on the fifth of June 1640. deferr to grant His Majesties Writ of Habeas Corpus for Samuel Danvers and William Pargiter Esquires Prisoners in the Gate-House and in the Fleet and when he had granted the said Writ the said eighth Day of June after the return being the Order of the Council-Table not expressing any cause he the said Sir John Brampston deferred to Bail the said Pargiter And the eighteenth of June after made a Rule for a new return to be received which was returned the five and twentieth of the said June in haec verba Whereas His Majesty finding that His Subjects of Scotland have in Rebellious and Hostile manner Assembled themselves together and intend not only to shake off their obedience unto His Majesty but also as Enemies to Invade and Infest this His Kingdom of England to the danger of His Royal Person c. For prevention whereof His Majesty hath by the Advice of His Council-Board given special Commandment to all the Lord Lieutenants of all the Counties of this Realm with expedition to Arm and Array a certain number of able Men in each County to be prepared ready to be conducted to such places as should be appointed for their Rendezvouz in their several and respective Counties there to be conducted and drawn together in a Body for this Service And whereas His Majesty according to the Laws and Statutes of this Realm and the constant Custom of His Predecessors Kings and Queens of this Realm hath Power for the defence of this Kingdom and resisting the Force of the Enemies thereof to grant forth Commissions under His great Seal to such fit Persons as he shall make choice of to Array and Arm the Subjects of this Kingdom and to compel those who are of able Body and of able Estates to Arm themselves and such as should not be able of Bodies but of Ability in Estate to Assess them according to their Estates to contribute towards the charge of Arraying and Arming others able of Body and not being able in Estate to Arm themselves And such Persons as should be contrariant to commit to Prison there to remain untill the King should take further order therein And whereas the Earl of Exceter by vertue of His Majesties Commission to him directed for the Arraying and Arming of a certain number of Persons in the County of Northampton hath assest William Pargiter being a Man unfit of Body for that Service but being of Estate and Ability fit to contribute amongst others to pay the Summ of five Shillings towards the Arraying and Arming of others of able Bodies and wanting Ability to Array themselves And whereas we have received Information from the said Earl that the said William Pargiter hath not only in a willful and disobedient manner refused to pay the said Money assessed upon him towards so Important a Service to the disturbance and hinderance of the necessary defence of this Kingdom but also by His ill example hath misled many others and as we have just cause to believe hath practised to seduce others from that ready obedience which they owe and would otherwise have yielded to His Majesties just command for the publick defence of His Person and Kingdom which we purpose with all convenient speed to enquire further of and examin These are therefore to will and require you to take into your Custody the Person of the said William Pargiter and him safely to keep Prisoner till further Order from this Board or untill by due Course of Law he shall be delivered And the like return was then made in all things mutatis mutandis concerning the said Danvers for not paying a Summ of Money assessed upon him Yet he the said Sir John Brampston deferred to Bail the said Danvers and Pargiter but remitted the said Danvers to the Fleet where he remained till the 12 of July 1640. and the said Pargiter to the Gate-House where he remained till the Ninth of November last although the said Jenings Danvers and Pargiter upon all and every the said Returns ought to have been discharged or bailed by Law and the Councel of the said Jenings Danvers and Pargiter offered in Court very sufficient Bail And he the said Sir John Brampston being Chief Justice of the Court of Kings-Bench denyed to grant His Majesties Writ of Habeas Corpus to very many other His Majesties Subjects and when he had granted the said Writs of Habeas Corpus to very many others His Majesties Subjects and on the return no Cause appeared or such Cause only as was clearly bailable by Law yet he remanded them where they remained Prisoners very long which said deferring to grant the said Writs of Habeas Corpus and refusals and delays to discharge Prisoners or suffer them to be Bailed contained in this Article are destructive to the Fundamental Laws of this Realm and contrary to former resolutions in Parliament and to the Petition of Right which said Resolutions and Petition of Right were well known to him the said Sir John Brampston 4. That whereas there was a Cause depending in the Court Christian at Norwich between Samuel Booty Clerk and Collard for two Shillings in the Pound for Tythes for Rents of Houses in Norwich and the said Collard moved by his Councel in the Court of Kings-Bench
for a Prohibition to stay Proceedings in the Court Christian at Norwich and delivered into the said Court of Kings-Bench his Suggestions that the said Cause in the said Court Christian was for Tythes for Rents of Houses in Norwich which was determinable by the Common Law only yet he the said Sir John Brampston being Chief Justice of the said Court of Kings-Bench and sitting the said Court deferred to grant a Prohibition to the said Court Christian in the said Cause although the Councel did move in the said Court several Times and several Terms for a Prohibition And he the said Sir John Brampston deferred to grant His Majesties Writs of Prohibition to several Courts on the Motions of divers others of His Majesties Subjects where the same by Laws of this Realm ought to have been granted contrary to the Laws of this Realm and his own knowledg And the said Commons by Protestation saving to themselves only the Liberties of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir John Brampston and also of replying to the Answer that he the said Sir John Brampston shall make unto the said Articles or any of them or of offering Proofs of the Premisses or any of their Impeachments or Accusations that shall be exhibited by them as the Case shall according to the Course of Parliament require do pray that the said Sir John Brampston Lord Chief Justice of the Court of Kings-Bench may be put to answer to all and every the Premisses and that such Proceedings Examinations Tryals and Judgments may be upon every of them had and used as is agreeable to Law and Justice Mr. Hollis also according to the Order of the House of Commons at this Conference made application to their Lordships in the behalf of Sir Randal Crew in this manner My Lords THese Gentlemen have represented unto your Lordships the sad object of Justice perverted Liberty oppressed Mr. Denzil Hollis his Speech about Sir Randal Crew July 6. 1641. of Judgment turned into Worm-wood the Laws which should be the Bars of our Gates to protect us keep us and all that is ours in safety made weak and impotent to betray us unto the hands of violence instead of Props to support us become broken Reeds to deceive us and run into our sides when we lean upon them even so many snares to entrap and entangle us And all this by the perfidiousness of those who are entrusted with our Laws who call themselves the Guardians and the Interpreters of the Law but by their accursed Glosses have confounded the Text and made it speak another Language and another Sense than ever our Ancestors the Law-makers intended Our Ancestors made Laws to keep themselves their posterity after them in the possession of their Estates these Judges could make the Law it self rob us and despoil us of our Estates Were we invaded and persecuted at any time for pretended Crimes or rather because they were free from Crime And did we put our selves upon a legal defence and shelter our selves under the Buckler of the Law use those Lawful Weapons which Justice and Truth and the Common Right of the Subject did put into our hands would this avail us No these Judges would make the Law wrest our Weapons from us disarm us take away all our defence expunge our Answers even bind us hand and foot and so expose us naked and bound to the mercilesness of our Oppressors were our Persons forced and imprisoned by an Act of Power would the Law relieve us when we appealed unto it No it would joyn hands with violence and add bitterness to our sorrow these Judges would not hear us when we did cry no importunity could get a Habeas Corpus Nay our cryes would displease them and they would beat us for crying and over-do the unjust Judge in the Gospel with whom yet importunity could prevail My Lords The Commons of England finding themselves in this lamentable condition by the wickedness of these Judges It is no wonder that we complain of them it is no wonder if the Knights Citizens and Burgesses Assembled in Parliament have sent up some of their Members to stand upon Mount Ebal to Curse these Judges to denounce a Curse upon them who have removed our Land-marks have taken away the Bound-stones of the Propriety of the Subject have left no Meum Tuum but he that had most might had most right and the Law was sure to be on his side It hath been the part of these Gentlemen who have spoken before me to pray for justice upon those men who would not do justice to others My Lords I come upon another Errand and yet for justice too for there is justice upon Mount Gerezim as well as upon Mount Ebal It is as great a point of justice to give a blessing a reward where it is due as punishment where punishment is due For reward and punishment Praemium poena be the two legs that Justice walks on and reward is her right leg the more noble and the more glorius Supporter of that Sacred and Divine Body that which God himself the Foundation of Justice doth more delight in Tradior ad poenas Deus est ad praemia velox Punishment is good as Physick in the Consequence Reward as wholesome and nourishing Food in the Essence the one we do because we must do it as necessary the other because we love to do it as being pleasing and delightful Your Lordships then I doubt not will as willingly joyn with the Commons in doing good to a good Judge as in punishing of the bad My Lords We honour them and reckon them Martyrs for the Common-wealth who suffer any thing by defending the Common Right of the Subject when they will not part with their own Goods contrary to Law when indeed their private interest goes along with it or rather before it and the publick Concernment seems to come but in a second place such were those many whom these Judges have oppressed yet these Men we magnifie and judge worthy of Praise and Reward But what honour then is he worthy of who meerly for the publick hath suffered himself to be divested and deprived of his particular such a Judge as would lose his place rather than do that which his Conscience told him was prejudicial to the Common-wealth Is not he worthy of double honour And this did that Worthy Reverend Judge the chief Judge of England at that time Sir Randol Crew because he would not by subscribing countenance the Loan in the first year of the King contrary to his Oath and Conscience he drew upon himself the displeasure of some great Persons about his Majesty who put on that project which was afterwards condemned by the Petition of Right in the Parliament of Tertio as unjust and unlawful and by that means he lost his place of Chief Justice of the King's-Bench and hath these fourteen years by keeping his innocency lost the
Cohabit July 12. 1641. It was Resolved to pass as a Law Nemine Contradicente UPon Report this Day made unto the House from the Lords Committees for Petitions That William Walter was complained of by the Petition of Elizabeth Walter his Wife for refusing to Co-habit with her or allow her and her 3 Children Maintenance and Supportation for their Lively-hoods although he hath a Good and a Plentiful Estate It was thought fit and so ordered by the Lords in Parliament That the said William Walter shall settle Lands and Tenements cleared from all former Incumbrances other then Leases whereupon the usual Rent is reserved lying in the County of Pembroke upon such Trustees as the said Mrs. Walter shall Nominate to the use of her self and her said 3 Children during the time of her Life And Mr. Justice Foster and Mr Justice Heath's assistance to the said Lords Committees for Petitions are hereby desired by the Lords in Parliament to direct the Counsel of the said Mrs. Walter what security shall be taken in or out of the Premisses and how and in what manner an Estate of and in the Lands and Tenements or Tithes of the said William Walter shall be setled or charged and chargeable with the payment of sixty Pounds per An. to the use of the said Mrs. Walter and her 3 Children the first payment whereof to begin at Michaelmass next ensuing the Date hereof And in Case the said Mr. Walter 's Estate shall encrease by the Death of his Mother or Grandmother or otherwise it is their Lordships Pleasure that the Moiety of the same as it shall fall and accrew to him shall be settled and paid unto the said Feoffees to the use of the said Mrs. Walter and her 3 Children as aforesaid by the Advice of the Judges aforenamed And further that if the said William Walter shall refuse or delay by the space of a Month next ensuing to make such settlement in manner as aforesaid then it is their Lordships Pleasure that a Sequestration shall be awarded to such Person or Persons as the said Mrs. Walter shall nominate to take and receive so much of the Yearly Rent and Profits of the said Lands and Tenements of the said William Walter as shall amount to such proportions and allowances as aforesaid to be answered to the said Mrs. Walter or her Assigns half Yearly for the uses aforesaid UPon Report this Day made unto the House from the Lords Committees An Order of the Lords concerning a Vicaridge in Sir Peter Osborn's Case Plaintiff against Thomas Joyce Clerk July 12. 1641. for Petitions in the Cause of Sir Peter Osborn Knight Plaintiff and Thomas Joice Clerk it appeared unto their Lordships That Sir John Osborn Knight deceased Father of the said Sir Peter was seized in Fee of the Rectory of Hawnes in the County of Bedford to which the Advowson of the Vicaridge did consist only of eight Pounds per Ann. stipend That the said Sir John Osborn did in the 9th Year of King James convey the Inheritance of the said Rectory and Vicaridge together with a new House built upon his own Land to the now Bishop of Durham Sir Thomas Cheek and others for the Increase of Maintenance of such Vicar or Vicars as should be nominated by the said Sir John or his Heirs But before the Gift Sir John puts in Mr. Brightman and Mr. Wilson successively who injoyed the said House and Tythes and after the Gift nominated Mr. Sherley who was only Licensed by the Bishop but never Instituted or Inducted After the Death of the said Mr. Sherley the said Sir Peter Osborn nominated Mr. Buckley who was Licensed by the Bishop without being instituted or Inducted the Defendant Joyce obtains a Presentation by Lapse and gained a Decree in Chancery for the Rectory House and Tythes against which Decree Sir Peter Osborn objected that the Donor intended the said Rectory to him only that was to be nominated by himself or his Heirs and could not intend it to any that came in by Lapse it being then in Lapse when his Gift was made which was denied by the Defendant and affirmed that it was intended to the Incumbent whoever he was otherwise the Charity of the Donor would be overthrown Whereupon the Decree and Deed of the said Sir John Osborn was produced and read before the said Lords Committees who after long Debate by Councel on both Sides were fully satisfied That the Donor intended it to none but such as should come in by the Nomination of him or his Heirs Whereupon it is Ordered and Adjudged by the Lords in Parliament That the said Lay Fee Rectory and House together with all the said Donors Gift setled by the said Deed shall by virtue of this Order go to such Clergy-Man or Men as the said Sir Peter Osborne and his Heirs shall Nominate and Appoint according to the meaning of the said Donor and no other And that the Defendant Joyce that came into the vicaridge by Lapse shall have no Advantage of the Gift so made by Sir John Osborne but shall forthwith upon Notice hereof relinquish the same and shall also Answer to the Feoffees for all the Profits of the said House and Rectory by him taken ever since the said Decree and if the said Defendant Joyce conceives he hath any Right he is left to try the same at the Common Law without taking any advantage of the said Decree or of any thing done by Sir Peter Osborne in Obedience to the said Decree A Message was brought from the House of Commons by Sir Henry Vane Junior to desire that the Bill for Tonnage and Poundage may be delivered unto them to be brought up and presented by their Speaker with the Commission under the Great Seal annexed THeir Lordships taking this into Consideration Message from the Commons about the Bill of Tonage and Poundage and perusing the Commission found by the Tenor of the said Commission that the Bill of Tonnage and Poundage could not pass the Royal Assent by virtue of this Commission if they were separated therefore to avoid all Ambiguities Resolved to send some Lords to desire His Majesty would be pleased to come in Person to give the Royal Assent to the said Bill Hereupon the E. Bath E. Essex E. Cambridge E. Bristol Bill for Tonnage and Poundage passed the Royal Assent went presently to attend his Majesty therein who brought this Answer That the King will be here presently His Majesty being come and satt in the Chair of State the Commons were sent for who came and by their Speaker presented the Bill for Tonnage and Poundage then the Clerk of the Crown read the Title of the said Bill and the Clerk of the Parliament pronounced the Royal Assent thereunto in these words Le Roy remerciant ses bons Subjects accepte Leur Benevolence et ainsi le veult It was this day Ordered in the Commons House Munday July 12. Order for Aftornoon Sermons in all
Parochial Churches That in all Parochial Churches of England and Wales where there is on the Lords Day no Preaching in the Afternoon if the Ministers will maintain a Conformable Lecturer at their own Charge the Parson or Vicar shall give way to it unless he will Preach himself Ordered That this House doth Assent That the Speaker of the House of Lords shall present unto his Majesty in the Name of both Houses the humble Advice of both Houses concerning the Manifesto His Majesty having appointed both Houses to attend him at the Banquetting-House in Whitehall at Three of the Clock in the Afternoon they accordingly attended where the Manifesto and the Parliaments proceedings upon it were read which were as follows The King 's Manifesto about the Palatinate CHARLES By the Grace of God King of Great Britain France and Ireland Defender of the Faith c. To all to whom this present Manifesto shall come Greeting TO the end that the Endeavours of Our late Dear Father King James of Blessed Memory and Our Own Proceedings since his Death in the Cause of Our Dear and Onely Sister Brother in Law and Nephews Electors and Princes Palatine of the Rhine may not be forgotten or pretendedly unknown wherein We have studied and laboured nothing more than Peace of Christendom and the avoiding the effusion of Innocent Blood by seeking the Restitution and Re-Establishment of the Electoral House Palatine in their Ancient Rights Dignities and Possessions within the Empire out of which they have been by Violence and Force of Arms and other undue Proceedings expelled and banished contrary to the Ancient Laws and Constitutions of the Sacred Empire We have thought fit for the Vindication of Our Own Honour to call to mind and to publish to all the World both a Summary Relation of Our Actions and Endeavours past and Our present Resolutions in the same Cause IT cannot be unknown to all the Princes and Estates of Europe and more particularly to those who have had any interest or relation to the Publick Affairs of Germany how both Our Self and Our Father have during these Twenty Years past by many and several Ambassages Treaties and other Negotiations to Our great Expence and Charges both with the late Emperour Ferdinand the King of Spain and other Princes and Estates of the Empire endeavoured by all Friendly and Treatable means to procure the Restitution and Re-Establishment of Our said Dear Sister Brother-in-Law and Nephews in their Ancient Rights and Possessions as the only and possible way to settle a good and firm Peace in the Empire and consequently with all Princes interessed therein without which it is impossible to expect or hope for a good durable and honest Pacification of those Troubles which have already almost rent and consumed and involved all the Princes of Christendome in a most Bloody and Destructive War And for a clear Demonstration of Our sincere Intentions not only Our own Pious Inclination and Care of the Publick Peace hath induced Us to omit divers Occasions whereby we might by such Power as God hath put into Our Hands have prevented the Violences and Oppressions used to Our said Sister and Nephews But We have been led on and invited thereunto by divers Promises Assurances and Reversal Letters both from the late Emperor and King of Spain and other Usurpers of the Inheritance of the Electoral House Palatine that they would at last in Contemplation of Our Mediation hearken and incline to a Just and Honest Peace by the Restitution of the Estates and Dignities of Our dear Sister and Nephews whereby we have been drawn not only to pass by Our own and the Publick Interest and to forbear to Engage Our Arms in so just a Cause but also have procured by Our Fathers and Our Authority the withdrawing and disbanding of the Forces of Count Mansfelt out of the Palatinate and advanced divers Truces and Cessations of Hostility or Defence only to prepare the Way of amiable Composition according to the Hopes and Promises to that end given Us and particularly have caused the Surrender and Deposition of some Places of Strength into the Hands of the late Infanta of Spain upon reciprocal Assurances of a final Pacification or Restitution But what Effects all these Our Peaceable and Christian Endeavours have produced and how all Our Pious Negotiations have been either delayed or deluded thereby and by process of Time to root and Establish the Usurpations of the House Palatine and Our Patience and Piety thereby abused is so manifest by the continual Oppression of Our said dear Sister and Nephews that We are forced to Protest that there hath nothing succeeded either to Our Desires or Hopes but a Resolution of Despair of ever obtaining by the Ways of Justice Treaty or Amity that which hath been so often promised to and expected of the Lovers of Christian Peace Notwithstanding We having lately received Advice from Our dear Uncle the King of Denmark that at last by his Mediation and Procurement the present Emperour and Duke of Bavaria have condescended to a Treaty to be held at the Diet at Ratisbone upon the sixth Day of May last past for the Reviewing and the Resetling of the Controversies of the House Palatine as a Preparation and Inducement to a General Peace and Amnestia through the whole Empire And that he with some of the Electors of the Empire is accepted as Mediator of the said Cause and hath received strong and pregnant Assurances of a better Inclination and Disposition toward the re-establishment of the Electoral Eamily in their Rights and Dignities And to that end hath procured convenient safe Conduct from the Emperor to Our Nephew and His Brethren freely to come in Person or to send their Deputies to that Diet at the Time and Place appointed with all other Clauses requisite for their Safeties Going Abiding or Coming from thence and there to plead the Justice of their own Cause and that in Prosecution thereof he hath Instructed and Dispatched His Ambassadors to assist either in Person or by the Deputies of Our Nephews at the said Treaty of Pacification and hath desired Us herein to Comply with him by sending Our Ambassadours Qualified and Instructed to the same Purpose of procuring a Good and Setled Peace within the Empire according to the Intimation of the Princes Electors signified to Him by their Letters thereby desiring Us to Assist in the present Assembly at Ratisbone To which end Our Nephew the Prince Elector Palatine having resolved by Our Counsell and Advice to send his Deputies according to the Invitation and Hopes intimated of a good Issue to be expected by the amiable way of Treaty and Composure We have also thought fit not to be wanting to so good a Design so concurrent to Our own and the Desires of so many Princes and in some Hope of better Fruits then hitherto all Our Endeavours have produced Have resolved to make this Our last Tryal by the way of Treaties and to send
Our Ambassador to the Emperor and other Princes in the said Diet Assembled And to that purpose have given him full Power and Instructions to contribute all Our Authority to the Procurement and Setttlement of a good and blessed Peace by the reestablishment and restitution of the Possessions and Dignities of our said dear Sister Nephews and Electoral Family without which no Peace can either be honest or secure Hereby Exhorting and Desiring all other Kings Princes and States our Friends Allies and Confederates who shall either be present at the said Diet or shall have their Ambassadors or Deputies there that they will be assisting to the Justice of so good a Cause and to so great a Blessing as the restoring of Peace to the almost desolate Estate of Germany But because We may have just Cause to doubt by many Experiences of Our former Endeavours that the Issue and Fruit of this meeting may not be answerable to Our just Expectation but rather that it may produce contrary Effects to the prejudice of the Justice and Rights of Our said Nephews and their Family which God forbid we are hereby forced to protest against all Acts Sentences Conclusions or Determinations whatsoever which shall or may be had made or declared either in Confirmation of the Oppressions and Usurpations past or any Additions thereunto for the future as invalid and of no power or effect In which Case being contrary to Our desire and expectation We also further protest and declare that We will not abandon neither Our own nor the Publick Interest nor the Cause Rights and just Pretences of Our dear Sister and Nephews and other Princes and States involved within their Oppressions But that We will use and employ all such force and power wherewith God hath enabled Us both by Our own Arms and the help and assistance of all Our Allies and Friends to vindicate Our own Honour the Publick peace and redress of the Injuries Usurpations and Oppressions of Our said dearest Sister and Nephews and their Illustrious Family And hereby as we do profess to use all our endeavour and Power to promove a happy and desired Peace for the Consolation of the distressed Empire so We do appeal to Almighty God the Inspector of the Hearts of all Princes and to the World the Spectator of all Our just Actions that We will be innocent before God and the World of all the Evils that may ensue if these Our last Hopes shall be delayed or abused HIs Sacred Majesty of Great Britain being resolved in Case this his last Endeavor by his Extraordinary Ambassador sent to the Diet at Ratisbone for a friendly Accommodation of his Nephew the Prince Elector Palatines Affairs should prove fruitless to have his said Embassy without further loss of Time seconded by more powerful and effectual means went to His Parliament on the Fifth day of July last and there after the dispatch of some other Affairs presented the above written Manifesto with these Words I Take this occasion to present to both Houses That whereby I hope all the World shall see that there is a good Understanding between Me and My People It is concerning My Nephew the Prince Elector Palatine who having desired Me by the Advice of the King of Denmark to assist him in a Treaty for his Restauration at the Diet now held at Ratisbone by the Emperour I could not but send My Ambassador for that purpose though I much doubt that I shall not have so good an Issue of it as I wish The which My Nephew foreseeing hath desired Me for the better Countenancing of his Just Demands to make a Manifesto in My Name which is a thing of that Consequence that if I should do it alone without the Advice of My Parliament it would be of much less force Therefore I do here propose it unto you That by your Advice I may do it for that way I think it most fit to be published in My Name THe said Manifesto concerning the Restitution of the Electoral Palatine Family having been Seriously Considered by both Houses They togethe reame to his Majesty in the Banquetting-House on the Twelfth of July last where the Speaker delivered the said Houses their Opinion and Resolution in this manner YOur Majesty in your Royal Person was pleased to recommend this Manifesto touching the Palatine Cause to be read in full Parliament and to be advised of by both Houses Both the Houses have seriously considered of it and have commanded Me to present these their Humble Advices unto your Sacred Majesty which are expressed in this Declaration which hath passed the Votes of both the Houses and which I am commanded to read unto your Majesty Dei Mercurii 7 Julii 1641. Resolved upon the Question That this House doth approve of His Majesties Pious Intentions in the behalf of His Royal Sister and His Nephew the Prince Elector Palatine and the rest of the Princes of that Family and of the publishing this Manifesto to that purpose and that this House will be ready to give His Majesty such advice and assistance therein by Parliament as shall stand with the Honour of His Majesty and the interest and affections of this Kingdom if the present Treaty shall not succeed Die Sabbathi 10 Julii 1641. Resolved in like manner upon the Question by the House of Peers That they do concur in this Vote with the House of Commons I am likewise Commanded to present the humble desires of both the Houses of Parliament That Your Majesty will be pleased to recommend this Manifesto to the Parliament of Scotland to have the Concurrence of that Kingdom THus much was delivered by the Speaker of the House of Peers both Houses then attending His Majesty in the Banquetting-House at White-Hall To which His Majesty was graciously pleased to make them this Answer WE take very thankfully the Concurrent Advices of both the Houses of Parliament in so great and pious a Work declared in these Votes and Resolutions which you have read unto Us. We will also take care to recommend this Manifesto unto the Parliament in Scotland to have the Concurrence of that Kingdom which We doubt not but they will perform Mr. Treasurer reports in a Paper His Majesty's Answer to the Third of the Ten Heads presented in the Painted Chamber in haec verba MY Answer is That I know of none The Kings Answer to the 3d of the 10 Propositions about ill Counsellors the which Methinks should both satisfie and be believed I having granted all hitherto demanded by Parliament Nor do I expect that any should be so unadvised as by slander or otherwise to deter any that I trust to in my Publick Affairs from giving me Counsel especially since freedom of Speech is always demanded and never refused to Parliaments This Gracious Prince was so unwilling to disoblige even by any Casual Word that might bear a hard Construction that His Majesty immediately sent a Second Paper in these Words Which was delivered at
out of their House they revived his Dormant Speech concerning the Attainder of the Earl of Strafford And notwithstanding that tender point of freedom of Speech which he might well plead as a Member of that Body where it is allowed to all Men to speak according to their Conscience yet upon the Debate of it they proceeded to these Votes Resolved c. Votes about the Lord Digby's Speech against the Bill of Attainder of the E. of Strafford That the Lord Digby 's Speech upon the Bill of Attainder of Thomas late Earl of Strafford contains matters Vntrue and Scandalous and that the Printing and Publishing of it is a Crime Resolved c. That Sir Lewis Dives and John Moor and Thomas Parston the Printer are Delinquents for Printing and Publishing the said Speech Ordered to be burnt by the Common Hangman Ordered That the Lord Digby 's Speech be burnt by the hand of the Common Hang-man on Friday in the Palace-Yard Cheapside and Smithfield And that these Votes be transmitted to the Lords for their Concurrence and that the Lords be moved to joyn with this House to Petition His Majesty That he would be pleased to forbear to confer any honour upon the Person of the Lord Digby who hath deserved so ill of the Parliament An Order for the speedy raising the Mony for disbanding the Army according to the Act of Parliament Wednesday July 14. The first Printing of the Orders of the H. of Commons was this day Ordered by the House of Commons to be Printed by the King's Printers The Order following about the Lord Digby's Speech to be presented to their Lordships at a Conference WHereas upon the 21 of April last past Orber about the L. Digby's Speech there was a Speech spoken in the House of Commons at the passing of the Bill of Attainder of Thomas Earl of Strafford by the Lord Digby then a Member of the said House the which Speech contained in it matters Vntrue and Scandalous as they have reference to the Proceedings of the Committees of the Lords House and this and to the Evidence of the Witnesses produced in that Cause And whereas the said Speech was published by the Lord Digby after the said Bill of Attainder was past by Vote in this House and after that great offence was taken to the said Speech and the same questioned in the House to the scandal of the Proceedings of this House and is since come forth in Print to the scandal of the Proceedings of His Majesty and both Houses of Parliament It is therefore this day Ordered by the said House That all the said Books so Printed shall be publickly burnt on Friday next part of them in the New Palace-Yard at Westminster the other part of them in Cheap-side London and the rest in Smithfield by the hands of the Common Hang-man And to that purpose the Bailiff of Westminster and the Sheriffs of London and Middlesex respectively are hereby required to be Assistant to the effectual Execution of this Order and see the said Books burnt accordingly And it is also Ordered by the said House That the Master and Wardens of the Company of Stationers do their utmost endeavours to collect all the said Books into their hands remaining now dispersed among their Company and others and forthwith deliver them to one of the Sheriffs of London to be burnt according this Order And all others who have any of the said Books are hereby required forthwith to deliver them to one of the Sheriffs of London or Bailiff of Westminster as they will undergo the displeasure of this House in doing the contrary to be burnt according to this Order The ingrossed Articles against the Bishop of Ely were read Upon his Petition and Submission to the House Mr. Mr. Whittacre released from the Tower Pym Reports the Conference about the Q. Journey to the Spaw Whittacre was this day discharged from his Imprisonment in the Tower Mr. Pym Reports the Conference with the Lords about the Queen's Journey That the Lords had agreed to the Propositions and had resolved to send a number of their House to desire His Majesty to be pleased to appoint some time when such a certain number of both Houses as he shall think fit may attend him touching this business and that if he please the Queen to be prefent The Lords appointed to wait upon the King to know his pleasure herein were Lord Steward Lord Chamberlain Earl of Bath Earl of Bedford and Earl of Essex An Act for the Confirmation of the Subsidies granted by the Clergy was this day read the Bill was once read the Preamble and Confirmation was read 3 times And afterwards being put to the Question Bill of Subsidies granted by the Clergy passed the Lords and carried down to the Commons Thursday July 15. it was consented to pass Nemine Contradicente Then the Confirmation being Subscribed by the Clerk of the Parliament Soit baille aux Comuns it was sent down to the House of Commons by Serjeant Whitfield and Serjeant Finch to pass there A Message from His Majesty by the Lord Chamberlain to acquaint the Lords that he appoints to meet both Houses at Four of the Clock this day in the Banquetting-House about the Queen's Journey which was at a Conference communicated to the Commons Heads of the Address to stop the Queens Journey YOur Majesties Loyal Subjects the Lords and Commons taking notice of an Intention of the Queen's Majesty to pass beyond the Seas whereby the Kingdom will be deprived of the comfort of Her Majesties presence they have thought good to express their humble Duties and Affections to Your Majesty and to the Royal Person of the Queen in some Considerations which they do now present unto You as they conceive very important for the good of this Kingdom and the safety and contentment of Her Majesty whose Honour and Happiness shall always have a chief place in their Estimation which Considerations are these following I. First there is great Cause to doubt lest the Papists have some Design upon Her Majesties Journey because the House hath been informed that divers of them have sold off their Lands to a great value and used other means to get ready mony 2. It is observed some of them have been very diligent gathering great quantities of Gold 3. It is informed that more then ordinary numbers of Papists are gone beyond Sea already and those of the better sort II. The great number of English Fugitives now beyond the Seas who by their late Designs and Practices are known to be full of Malice to the State and will no doubt seek all opportunities of access to Her Majesty and as much as they can labour to infuse into her such evil Counsels as may trouble the Peace of the Kingdom whereof at this time there is more danger because the Affairs of the Kingdom are not yet fully setled and upon the Disbanding the Army all Parts are like to
or in the Consistory of the Bishop of Norwich And that in such case no prohibition against the said Bishop of Norwich their Chancellors or Commissaries in the said Courts of Consistory be granted And if any such Writ be any time obtained the Judges granting the same upon sight of his Highness's said Order shall forthwith grant a Consultation to the Minister desiring the same with his reasonable cost and charges of the same Which said Order and Decree under the great Seal of England tended to the violation of the Oaths of the Judges and was devised contrived and made by the said Bishop And afterwards by his evil Counsels and false Surmises he did obtain His Majesties Royal consent thereunto and by colour of the Order aforesaid and other the doings of the said Bishop the Citizens and Inhabitants of Norwich aforesaid viz. John Collar Judith Perkeford and others have been forced to pay the two Shillings in the Pound in lieu of Tithes or else by Suits and other undue means been much molested and put to great charges and expences contrary to the Law and Justice XXV That he assumed to himself an Arbitrary Power to compel the respective Parishioners in the said Diocess to pay great and excessive Wages to Parish-Clerks viz. the Parishioners of Yarmouth Congham Tostock and others commanding his Officers that if any Parishioner did refuse to pay such Wages they should certifie him their Names and he would set them into High-Commission Court for example of the rest and that one or two out of Ipswich might be taken for that purpose And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Matthew Wren late Bishop of Norwich and now Bishop of Ely and also of replying to the answer that he the said Matthew Wren shall make unto the said Articles or any of them or offering proof of the Premisses or any other Impeachments or Accusations that shall be exhibited by them as the case shall according to the course of Parliaments require do pray that he the said Matthew Wren may be called to answer the said several Crimes and misdemeanors and receive such condign punishment as the same shall deserve and that such further proceedings may be upon every of them had and used against him as is agreeable to Law and Justice Thus did these great Zealots for the pretended Purity and Reformation of Religion and to reduce the Bishops to their Primitive State even litterally render them so by Persecution imitating the Primitive Persecutors of the Primitive Bishops clothing them in Skins of Bears Wolves and Tigres to invite the cruel Mastisss to fall upon them and tear them in Pieces And certainly not with standing this black Accusation there cannot be a greater Demonstration of the Innocence of this worthy Prelate then the very Articles and that this Accusation wanted proof to carry it further than a bare Accusation and a Commitment to the Tower where with the Courage and Patience of a Primitive Christian he continued a Prisoner till the happy Year 1660. wherein he saw himself the Church and this Kingdom together set at Liberty by the blessed Restauration of His Most Serene Majesty Charles the Second to his undoubted Birth-Right the Imperial Crown of these Realms from the Bondage and Slavery under which they had for so many Years laid Languishing and almost ready to expire The Earl of Bristol acquainted the House King Assents to the 5 Propositions That His Majesty had been moved concerning the Five Propositions presented from their House from the House of Commons Yesterday and his Majesty consents to all the said Propositions WHEREAS a Petition hath been Exhibited unto this Honorable House by sundry Officers The Case of the Clerks c. of the Court of Common-Pleas against Patentees and the Lords Order upon it Clerks and late Clerks of the Court of Common Pleas Thereby shewing that they have been Bred and Trained up as Clerks in the said Court and that the Disposition of the Offices of Prothonotories Fillizers Exigenters and divers other Officers of the said Court had Time out of Mind appertained to the Chief Justice of that Court for the Time being as an inseperable Incident to his Office and that the same were granted to such skilful and experienced Clerks trained up in the said Court as were most fit and able for the Execution of the same Places and that notwithstanding several Grants and Letters Patents of the said Offices had been obtained from His Majesty to the great discouragement of able Clerks and therefore prayed that the said Grants or Letters Patents might be recalled And whereas several Petitions have likewise been Exhibited by the Patentees touching the said Offices and several Days of hearing have been appointed but in regard of greater Business in the House the Cause could not be heard whereupon it pleased the Lords upon the 26th Day of June last to Order that the Judges of the Kings-Bench and Barons of the Exchequer should consider whether the said Grants or Letters Patents made by his Majesty of the said Offices or any of them were good in Law and should make Report thereof unto the House to the end their Lordships might proceed to do what should be Right and Just therein And whereas the said Judges and Barons upon perusal of divers of the said Patents and a due Consideration had of the Grants of those Offices in former Times made by the Chief Justice of the said Court of Common-Pleas for the Time being and upon hearing of Councel on both Sides after mature deliberation had of the Premisses did certifie that the Offices of the first and third Prothonotary of the said Court of Common Pleas of the Clerk of the Warrants of the Clerk of the King's Silver of the Clerk of the Essoignes of all the Exigenters and of all the Fillizers except of the County of Monmouth have by prescription belonged to the Chief Justice for the time being and that he hath always granted the same for the Lives of the Grantees who have held them by his admittance only and that the Office of Clerk of the Treasury of that Court is all ways Granted by the Chief Justice for the time being to such Persons as he shall nominate to continue only during the Time that he continues Lord Chief Justice And further they did certifie their Opinions to be that none of the Grants made by his Majesty of any of the Offices or Clerks Places before in the same Certificate mentioned were good in Law And whereas this Day was appointed by Order of this House for the hearing of the said Cause Now upon full debate of the Matter by Councel learned on both Sides their Lordships taking the Business into their mature Consideration and well approving the Learning Justice and Integrity of the present Chief Justice and thinking it most just and meet that the Rights and Priviledges
as well by the Lord General as by all other Commanders Officers and Soldiers of the Army whereof they expect a strict and speedy Account After which Mr. Pym and Sir John Culpeper were Ordered to draw a Letter to be sent to the Lord General and Mr. Rushworth Clerk Assistant of the House of Commons to ride Post with it and the House will take it into Consideration to requite him for his Pains and Charges This Day Sir William Bringhurst Mr. Wilson Mr. Broadgate Mr. Friday August 20. Diverse Persons Bailed The first Ordinance of the Lords and and Commons about Commissioners to go to Scotland Slany Mr. Gardner and Mr. Inego Jones were Ordered to be Bailed and 10000 l. for the Principals and 5000 l. for each of the Sureties The Ordinance of the Lords and Commons for the Commissioners for Scotland was read in the Commons House in these Words THe Lords and Commons in this present Parliament Assembled do hereby Order and Appoint William Earl of Bedford Edward Lord Howard two of the Peers of the Lords House Nathanel Fiennes Esquire Sir William Armyn Baronet Sir Philip Stapleton Knight and John Hambden Esquire Members of the House of Commons to be Committees for both Houses of Parliament to attend the Kings Majesty during his Absence in the Kingdom of Scotland and do hereby Authorize them or any three or more of them from time to time to present to his Most Excellent Majesty the humble desires Counsel and Advice of his Majesties most Loyal Subjects the Lords and Commons in Parliament according to such Instructions and Directions as are hereunto annexed or shall at any time hereafter be sent unto them by the Order and Consent of both Houses The Commissioners Instructions I. Instructions for the Commissioners for Scotland YOV shall humbly desire his Majesty That the Treaty agreed upon between the Commissioners of England and Scotland confirmed and ratified in this present Parliament may likewise be confirmed and ratified in the Parliament in Scotland II. You shall present to his Majesty the just Demands of any of his Loyal Subjests of England concerning a due Satisfaction to be made of all Debts due to them for Mony Arms or Provisions taken up by the Scottish Army III. If you shall understand that the Army of Scotland is not returned back or the Army of England not disbanded according to the Articles of the Treaty and Order of Parliament you shall be very instant and earnest in Petitioning his Majesty that all Obstacles and Impediments taken away the Kingdom may be freed from that great Charge this might have been done with half the Charges if the E. Strafford's Advice had been taken and those Mischiefs under which it groans by reason of those Armies IV. You shall by all fit ways of Petition and Intercession to his Majesty further and preserve the Peace and good Correspondency betwixt the two Kingdoms of England and Scotland V. You shall from time to time Certifie both Houses of Parliament of such Accidents and Occurrences as may concern the good of the Kingdom Which Ordinance and Instructions were agreed to by the Lords at a Conference this Day The great Obstacle to the disbanding the Army Mony Ordered disbanding the Army though it filled the Heads of the Party with Fears and Jealousies which from them was diffused through the whole Nation was perfectly the want of Money and not such Designs of dangerous Consequence as were pretended to amuse the People this they well knew and therefore Ordered thirty thousand Pound to be sent down to Pay and Disband the Army A Message was brought from her Majesty to the House The Qs. Answer to the Commons about the Commissioners carrying any Message to the King Order about the L. Major and Commonalty of London about the choice of one Sheriff That her Majesty returns her Thanks for the Respects of this House but She hath lately sent to His Majesty and hath nothing at this time to write This Morning the Lord Privy Seal Reported That the Lords Committees meet Yesterday to see if they could Mediate and Compose the Differences between the Lord Mayor of London and the Commonalty touching the Election of one Sheriff but they could have no success in it and so left it to the Consideration of this House Hereupon the Lord Viscount Say and Seal and the Lord Bishop of Lincoln were appointed to withdraw and consider of an Order for setling the Election of the Sheriff pro hac vicê with a Salvo on both Parts which Order is to be entred in the Books of the Chamber of London the Order was in these Words IN the Cause depending between the Commons and Citizens and the Lord Major of the City of London about the Nominating and Electing of one of the Sheriffs of the said City for this Year ensueing their Lordships taking it into their Consideration that the Election should have been dispatched upon Mid-Summer day last past and finding that upon Omission of performing the Election as upon that Day Devolutions have ensued pro tali vicé to the Commonalty of London do Order that for this time the said Commonalty shall forthwith proceed to the Nomination and Election of both their Sheriffs for the Year following hoping that for the first of the two Sheriffs they will make choice of that Party that was Nominated by the Lord Major and their Lordships do further declare That this Order shall be no way prejudicial to any Right and Prerogative claimed by the Lords the Majors of the City of London for the time being nor yet to any Right or Claim made by the Commons or Citizens in this matter now in Question amongst them It was also Ordered That those Lords that are to go into Scotland with some of the Members of the House of Commons shall go to the Lord General in their Passage The Commissioners for Scotland to quicken the Disbanding Order to stop proceedings upon the Conviction of the Lady Wotton a Recusant to desire that the Order of both Houses may be put into speedy Execution for the disbanding of the Horse and they are to give an Account of the Lord Generals Answer Upon signification this day made unto the Lords House that an Indictment and Conviction in London against the Lady Margaret Wotton for Recusancy is returned into the Treasurers and Remembrancers Office of the Court of Exchequer and the Pipe contrary to former Orders of this House in that behalf and against the Priviledges of the same It is Ordered That no further Proceedings shall from henceforth be had in the said Treasurers Remembrancers or Pipe Offices against the said Lady upon the said Conviction nor any Process shall be thence made or issue thereupon until this House shall give further Order in this Matter Upon a former Information to the Commons by one Sewer Saturday August 21. Disarming of Recusants that he had seen a great quantity of Arms in the Marquiss
the performance hereof their Pleasure is That you should continue there to wait upon his Majesty till you receive further direction or that his Majesty be pleased to come away for England Instructions of the Lords and Commons in Parliament to the Committees of both Houses now Attending his Royal Majesty in Scotland I. YOU shall acquaint his Majesty Additional Instructions to the Committee in Scotland That by your Advertisement both Houses have taken Notice of the Examinations and Confessions taken in the Parliament of Scotland concerning a malicious design affirmed to be undertaken by the Earl of Craford and others against the Persons of the Marquiss of Hamilton the Earls of Argyle and Lannerick having taken the same into Consideration they have good Cause to doubt That such ill-affected persons as would disturb the Peace of that Kingdom are not without some malicious Correspondence here which if those wicked Purposes had taken Effect in Scotland would have been ready to attempt some such mischievous Practices as might produce Distempers and Confusions in this Kingdom to the Hazard of the Publique Peace for prevention whereof they have given Order for strong Guards in the Cities of London and Westminster * The Debate about the Remonstrance of the State of the Kingdom in order to their possessing themselves of the Militia was many Weeks before in the House only this was a fair occasion for the attempt and have resolved to take into their Care the Security of the rest of the Kingdom II. You shall further declare to his most Excellent Majesty That the States of his Parliament here do hold it a matter of great Importance to this Kingdom That the Religion Liberty and Peace of Scotland be preserved according to the Treaty and Articles agreed by his Majesty and confirmed by Act of Parliament of which they are bound to be careful not only by Publique Faith in that Treaty but by their Duty which they ow to his Majesty and this Kingdom because they hold it will be a great means of preserving Religion Liberty and Peace in England Ireland and his Majesty 's other Dominions and the Union of all his Loyal Subjects in maintaining the Common good of all will be a sure Foundation of Honor Greatness and Security to his Royal Person Crown and Dignity wherefore they have resolved to Employ their Humble and Faithful Advice to his Majesty the Power and Authority of Parliament and of this Kingdom for Suppressing of all such as by any Conspiracy Practice or other Attempts shall endeavour to disturb the Peace of Scotland and to infringe the Articles and the Treaty made betwixt the Two Kingdoms III. You shall likewise inform the King That whereas Orders have been given by his Majesty with the Consent of Parliament for the Disbanding the Garrisons of Carlisle and Berwick the first whereof is already wholly disbanded and all the House and Eight Companies of Foot sent out of Berwick and only Five Companies remaining which likewise should have been disbanded at or before the 15th of this Month if they had not been stayed by his Majesties Command signified to Sir Michael Ernley Lieutenant Governor according to direction in that behalf and whereas by Order of Parliament Ships have been sent for the Transporting his Majesties Munition Ordnance and other Provisions in that Town and the Holy Island all which have been of very great Charge to the Commonwealth the Commons now Assembled in Parliament have declared That they intend to be at no further Charge for the longer stay and Entertainment of those Men or for the Demurrage of the Ships if by occasion of this direction they be kept out longer than was agreed upon Ordered That Mr. Speaker do write a Letter to Mr. Secretary Vane that in case the Committee of both Houses be come out of Scotland before the Letter and Instructions now to be sent can be delivered there unto them that then he shall he desired by this House to present the same unto his Majesty Saturday Octob. 23. Order for the Bishops impeached to have Councel This day upon the humble Request of the Bishop of Rochester on his own behalf and the rest of the Bishops which are impeached by the House of Commons before their Lordships concerning the late Canons c. It is Ordered That Mr. Serjeant Jerman Mr. Herne Mr. Chute and Mr. Hales being publiquely named in this House by the said Bishop and approved of by the House shall be assigned to be of Counsel with the Bishops that are impeached With this Proviso nevertheless That if any of the said Counsel shall upon just Cause desire to be Excused here and the House approve of the said Excuse That then he or they shall not be compelled to be of the said Bishops Councel as aforesaid The Commons being met there was a Report made of certain Troopers who had made a disturbance about a Tavern-Reckoning and the Guard in the Pallace-Yard being called to quiet them they fell upon them and cut the Drum but being taken and committed to Custody and one of them saying in Bravado That there were a thousand of them about the Town who if they were there would help them and make the Pallace too hot for the Guards they were Ordered to be sent to the Lords Bar to receive their Censure for this Misdemeanor But it struck such a fear into some of the Members of the Commons House that they immediately Voted what they had so often denied the King though his Word and Honor were engaged to the Spanish Ambassador to let him have some of the disbanded Troops for it was Votes to let the disbanded Soldiers past beyond Sea Resolved c. That the House is of Opinion and holds fit that Orders should be sent to the Officers of the several Ports requiring them to permit all such Soldiers of the late disbanded Army as shall desire it to pass beyond the Seas provided that they take such Oaths and perform such other Duties as are usually required according to the Laws Resolved c. That this House is further of Opinion and holds it fit That such other Soldiers of the late disbanded Army as are Strangers and not Subjects or Natives of this Kingdom shall have liberty to pass out of this Kingdom and to receive Entertainment of any Forreign Prince Sir Gilbert Gerrard carries up the Bill for dissabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority and acquainted the Lords That the House of Commons desired there might be all speed in the passing of it for it much concerns the good of the Common-Wealth The Lord General Thanks given to the L. General by the House of Lords the Earl of Holland being now returned and having at a Conference given an Account of the disbanding of the Army It was Ordered by the Lords That this House gives Thanks to the Earl of Holland late Lord General of his Majesties Army in the North for
notice that His Majesty had Authorized Commissioners to hear what they should say or propound these very words follow Viz. Which Your Majesties Gracious and Princely favour we find accompanied with these words viz. Albeit we do extremely detest the Odious Rebellion which the Recusants of Ireland have without Ground or Colour raised against Us Our Crown and Dignity Words adds he which deserve to be written with A Beam of the Sun as an Eternal Monument of His Majesties Justice and their Guilt Nor were they spoken in a Corner but spoken under the Great Seal of England and even in that Commission which those false Accusers were to see and hear Read and by those Expressions they were sufficiently provoked to have pleaded that Authority which they so falsly pretended had they had the least shadow for so black a Calumny So far the said Earl But in regard I find his Lordship Accused in this very Passage P. W's Answer to the L. Orrery p. 58 59. Sec. 81. by P. W. in his Answer to that Book as guilty of omitting the Clause immediately following Viz. Which Words we do in all humility conceive to have proceeded from the misrepresentation of our Adversaries and therefore do protest we have been most maliciously traduced to Your Majesty Although the said P. W. doth very honestly acquit his Majesty of that horrid Scandal ingenuously acknowledging it was Sir Phelim Oneal's invention p. 57. Sec. 79. Yet to supersede all further doubting upon this occasion I will present the Reader with a Paper which his Grace the Duke of Ormond is pleased to oblige him with which will abundantly manifest not only the Innocency of the late illustrious Martyr but shew the true temper of those his inhumane Murderers who would have given Sir Phelim O Neal by the allowed confession of all Men one of the most Bloody of all the Irish Rebels not only Life and Liberty but a plentiful Reward if he would have confirmed this notorious Calumny but the Papist had it seems for that time a far better Conscience of Honesty and Honour then those impenitent Rebels and Regicides who called themselves the True Protestants for all these Temptations could not prevail with him Dr. Ker the Dean of Ardagh his Deposition concerning the Calumny thrown upon K. Charles the Martyr for giving a Commission to the Rebels in Ireland to buy his Life at the Rate of a Sin which even to him appeared greater then all his other bloody Inhumanities and Cruelties The Paper follows I John Ker Dean of Ardagh having occasionally discoursed with the Right Honourable George Lord Viscount Lanesborrough concerning the late Rebellion of Ireland and his Lordship at that time having desired to certifie the said Discourse under my Hand and Seal do declare as followeth That I was present in Court when the Rebel Sir Phelim Oneal was brought to his Tryal in Dublin and that he was Tryed in that Court which is now the High Court of Chancery and that his Judges were Judge Donelan afterwards Sir James Donelan Sir Edward Bolton Knight sometimes Lord Chief Baron of the Exchequer _____ Dungan then called Judge Dungan and another Judge whose name I do not now remember And that amongst other Witnesses then brought in against him there was one Joseph Travers Clerk and one Mr. Michael Harrison if I mistake not his Christian name and that I heard several Robberies and Murthers proved against him the said Sir Phelim he having nothing material to plead in his own defence And that the said Judge whose name I remember not as abovesaid Examined the said Sir Phelim about a Commission that the said Sir Phelim should have had from Charles Stuart as the said Judge then called the late King for levying the said War That the said Sir Phelim made Answer That he never had any such Commission and that it was proved then in Court by the Testimony of the said Joseph Travers and others that the said Sir Phelim had such a Commission and did then in the beginning of the said Irish Rebellion shew the same unto the said Joseph and several others then in Court. Vpon which the said Sir Phelim confessed that when he surprised the Castle of Charle-mount and the Lord Caulfield that he Ordered the said Mr. Harrison and another Gentleman whose name I now do not remember to cut off the King 's broad Seal from a Patent of the said Lord's they then found in Charlemount and to affix it to a Commission which he the said Sir Phelim had ordered to be drawn up And that the said Mr. Harrison did in the face of the whole Court confess that by the said Sir Phelim 's order he did stitch the Silk Cord or Label of that Seal with Silk of the Colours of the said Label and so fixed the Label and Seal to the said Commission and that the said Sir Edward Bolton and Judge Donelan urging the said Sir Pheilm to declare why he did so deceive the People He did Answer That no Man could blame him to use all means whatsoever to promote that Cause he had so far ingaged in And that upon the second day of his Tryal some of the said Judges told him that if he could produce any material proof that he had such a Commission from the said Charles Stuart to declare and prove it before Sentence should pass against him and that he the said Sir Phelim should be restored to his Estate and Liberty But he answered That he could prove no such thing nevertheless they gave him time to consider of it till the next day which was the third and last day of his Tryal Vpon which day the said Sir Phelim being brought into the Court and urged again he declared again that he never could prove any such thing as a Commission from the King And added that there were several Outrages committed by Officers and others his aiders and abettors in the management of that War contrary to his Intention and which now pressed his Conscience very much and that he could not in Conscience add to them the unjust Calumniating the King though he had been frequently solicited thereunto by fair Promises and great Rewards while he was in Prison And proceeding further in this discourse that immediately he was stopt before he had ended what he had further to say the Sentence of Death was pronounced against him And I do further declare That I was present and very near to the said Sir Phelim when he was upon the Ladder at his Execution and that one Marshal _____ Peake and another Marshal before the said Sir Phelim was cast came riding towards the place in great haste and called aloud stop a little and having passed through the throng of the Spectators and Guards one of them whispered a prety while with the said Sir Phelim and that the said Sir Phelim answered in the hearing of several hundreds of People of whom my self was one I thank the Lieutenant General for his intended
Brown Thomas Bourk Esquires Vlster Sir William Cole Sir James Montgomery The Remonstrance was as followeth addressed first to the L. Deputy Wendesford The humble and just Remonstrance of the Knights Citizens and Burgesses in Parliament Assembled Shewing THat in all Ages since the happy subjection of this Kingdom to the Imperial Crown of England The Irish Remonstrance it was and is a principal study and Princely Care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood That their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from Brittish Ancestors should be governed according to the Municipal and Fundamental Laws of England That the Statute of Magna Charta or the Great Charter of the Liberties of England and other laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and the most Prudent and Benign Government of his Majesty and his Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires to comply with his Majesties Princely and Royal Occasions by their free gift of 150 Thousand pounds sterling And likewise by another free gift of 120 Thousand pounds more during the Government of the Lord Viscount Faulkland and after by the gift of 40 Thousand pounds and their free and cheerful gift of Six intire Subsidies in the Tenth Year of his Majesties Reign which to comply with his Majesties then Occasions signified to the then House of Commons they did allow should amount in the Collections unto a Hundred and fifty Thousand pounds although as they confidently believe if the Subsidies had been levied in a moderate Parliamentary way they would not have mounted to much more than half the Sum aforesaid besides the Four intire Subsidies granted in this present Parliament So it is may it please your Lordship by the occasion of infuing and other Grievances and Innovations though to his Majesty no considerable Profit this Kingdom is reduced to that Extream and Universal Poverty that the same is less able to pay Two Subsidies than it was heretofore to satisfie all the before-recited great Payments and his Majesties most Faithful People of the Land do conceive great Fears That the said Grievances and Consequences thereof may be hereafter drawn into Presidents to be perpetuated upon their Posterity which in their great hopes and strong belief they are perswaded is contrary to his Royal and Princely Intention towards his said People of which Grievances are as followeth 1. First The general apparent decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities Exported and Imported by reason whereof and of extream Usage and Censures Merchants are beggered both and dis-inabled and discouraged to Trade and some of the Honorable Persons who gain thereby often Judges and Parties And that in the conclusion his Majesties Profit thereby is not considerably advanced 2. The Arbitrary decision of all Civil Causes and Controversies by paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon references from them derived in the nature of all Actions determinable at the Common Law not limited into certain time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawful Fees by Secretaries Clarks Pursivants Serjeants at Arms and otherwise by which kind of proceedings his Majesty looseth a considerable part of his Revenue upon original Writs and otherwise and the Subject looseth the benefit of his Writ of Error Bill of Reversal Vouchees and other Legal and just advantages and the ordinary course and Courts of Justice declined 3. The proceedings in Civil Causes at Council Board contrary to the Law and Great Charter not limited to any certain time or season 4. That the Subject is in all the material parts thereof denyed the benefit of the Princely graces and more especially of the Statute of Limitations of 21 Jac. Granted by his Majesty in the Fourth year of his Reign upon great advice of Council of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all persons do take notice That contrary to his Majesties Pious Intentions his Subjects of this Land have not enjoyed the benefit of his Majesties Princely Promise thereby made 5. The Extrajudicial avoiding of Letters Patents of Estates of a very great part of his Majesties Subjects under the Great Seal the Publique Faith of the Kingdom by private Opinions delivered at the Council-Board without Legal Evictions of their Estates contrary to the Law and without president or example of any former Age. 6. The Proclamation for the sole Emption and uttering of Tobacco which is bought at very low rates and uttered at high and excessive rates by means whereof Thousands of Families within this Kingdome and of his Majesties Subjects in several Islands and other parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coyn of this Kingdom is ingrossed into particular hands Insomuch as the Petitioners do conceive that the Profit arising and engrossed thereby doth surmount his Majesty's Revenue certain or casual within this Kingdom and yet his Majesty receiveth but very little Profit by the same 7. The universal and unlawful increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his People 8. The extream and cruel usage of certain late Commissioners and other Stewards the British Farmers and Inhabitants of the City and County of London-Derry by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Vlster to the great weakening of the Kingdom in this time of danger the said Plantation being the principal strength of those Parts 9. The late erection of the Court of High-Commission for Causes Ecclesiastical in those necessitous times the proceedings of the said Court in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the encroaching of the same upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom 10. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners do most heartily bemoan that His Majesties service and profit are much more impaired then advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesties Revenue by the buying of
grants and otherwise And that all His Majesties debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitioners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech that an exact accompt may be sent to His Majesty how and in what manner his Treasure issued 12. The Petitioners do humbly conceive just and great fears at a Proclamation published in this Kingdom in Anno Domini 1635. Prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputies License wherein the Subjects of this Kingdom are hindred and interrupted from free access to Address to His Sacred Majesty and Privy Council of England to declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licenses 13. That of late His Majesties late Attorney General hath exhibited Informations against many Boroughs of this Kingdom into His Majesty's Court of Exchequer to shew cause by what Warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an Answer the said Priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Judice and contrary to the Laws and Priviledges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof 14. By the powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not his natural Freedom 15. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures beforesaid and other the like brought very near to Ruine and Destruction And Farmers of Customs Customers Waiters Searchers Clerks of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow Redress of the Petitioners His Majesties most Faithful and Dutiful People of this Kingdom do conceive great fears that their readiness approved upon all occasions hath not been of late presented to his Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseech your Lordship that the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting remedy for their aforesaid and other just Grievances and Oppressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve His Majesty and comply with his Royal and Princely occasions And shall pray c. Not long after the Lord Deputy Wendesford died Lord Deputy Wendesford dies viz. the Third of December following whereupon Robert Lord Dillon of Kilkenny-west and Sir William Parsons Knight and Baronet Master of the Court of Wards L. Dillon and Sir William Parsons made Lords Justices were Constituted Lords Justices of Ireland and were accordingly Sworn the 30th of December 1640. But the Lord Dillon whose Son had married the Earl of Strafford's Sister and who being a Person of great Parts and Abilities and passionately devoted to the Earl's Interests both by Alliance and Inclination was no way grateful to the Faction it was not long therefore before the King who in all things endeavoured to sweeten them by gratifying them in whatever they desired was prevailed with L. Dillon displaced and Sir John Borlase substituted in his room at the Importunities of the Irish Committees then at the Court to displace the Lord Dillon and appoint the aforesaid Sir William Parsons and Sir John Borlase to be Lords Justices of the Kingdom of Ireland These Gentlemen by His Majesties Command applied themselves to give such satisfaction to His Majesties Subjects of Ireland as in reason they could desire and among other things His Majesty was pleased to reduce the Subsidies from 40000 l. a Subsidy to 12000 a piece and all things seemed to be in a most quiet and peaceable Posture and Condition of Settlement But yet even then which seems much to confirm the Lord Macguire's Confession this Rebellion was upon the Anvil for about the latter end of the year 1640 the King received some advertisements of a Design then on Foot to raise some Commotions in Ireland whereupon the King whose care for the Security of his Kingdom and Protestant Subjects of Ireland was always awake caused Sir Henry Vane his Principal Secretary of Estate to advertise the Lords Justices Parsons and Borlase of it and to Command them to take care therein The Letter which I find in Dr. Borlase's History was delivered to the Lord Parsons and found after his Death in his Study by Sir James Barry Lord Baron of Santry and presented to His present Majesty and was in these Terms Right Honourable HIS Majesty hath Commanded me to acquaint your Lordships with an Advice given him from abroad Sir H. Vane's Letter to the Lords Justices concerning some Informations of danger in Ireland and confirm'd by his Ministers in Spain and elsewhere which in this Distemper'd Time and Conjuncture of Affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Friars there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that Dexterity and Secresie as to Discover and Prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever and so herewith I rest Your Lordships most Humble Servant Henry Vane White-Hall March the 16 th 1640. The preservation of this Letter appears very uncommon and looks as if Providence interessed in the Vindication of Oppressed Innocence had reserved it to clear the
Estates which may come Judicially before them 15. To the Fifteenth they say That they conceive that where Priviledges are claimed by any Body Politic or other the King's Council may exhibit a Quo Warranto to cause the Parties claiming such Priviledges to set forth and shew by what Warrant they claim the same and that the Court cannot hinder the issuing of Process at the Instance of the King's Attorney to exhibit such Information But when the Case shall upon the Proceedings be brought to Judgment then and not before the Court is to take notice and give Judgment upon the Merit and Circumstances of the Cause as upon due consideration shall be conceived to be according to Law in which Case the Judges nor the King's Attorney as they conceive ought to be punished by any ordinary Rule of Law or Statute that they know But for this particular Question of Quo Warranto for that it hath been a great Question in this present Parliament and concerns the highest Court of Justice in this Kingdom and also concerns two other of His Majesties Courts of Justice and therein His Majesties Prerogative in those Courts they cannot safely deliver any Opinion therein before it comes Judicially before them and that they hear it argued and debated by Learned Councel on both sides 16. To the Sixteenth they say That although the Jurors be the sole Judges of the matter of Fact yet the Judges of the Court are Judges of the Validity of the Evidence and of the matters of Law arising out of the same wherein the Jury ought to be guided by them And if the Jury in any Criminal Cause between the King and Party give their Verdict contrary to clear and apparent Evidence delivered in Court they have been constantly and still ought to be Censured in the Star-Chamber in England and Castle-Chamber here for this misdemeanour in perverting the right Course of Justice in such Fines and other punishment as the Merits and Circumstances of the Cause doth deserve according to the Course of the said Courts For that their Consciences ought to be directed by the Evidence and not be misguided by their Wills and Affections and if the Jury know any matter of Fact which may either better or blemish their Evidence they may take advantage thereof but they ought to discover the same to the Judges And they say That this proceeding in the Court of Castle-Chamber is out of the same ground that Writs of Attaint are against a Jury that gives a false Verdict in a Court of Record at the Common Law betwixt Party and Party which false Verdict being found by a Jury of 24 notwithstanding that the first Jurors were Judges of the Fact yet that infamous Judgment was pronounced against the first Jury which is next or rather worse then Judgment of Death and lay a perpetual brand of Perjury upon them for which reason it was Antiently called the Villainous Judgment And they say That the Law to direct the punishment for such Offence is the course of the said Court which is a Law as to that purpose and the Statute of 3 H. 7. cap. 1 2. and other Statutes of Force in this Kingdom 17. To the Seventeenth they say They can answer no otherwise then they have in their Answer to the next precedent Question 18. To the Eighteenth they say That in a Legal Construction the Statute of Magna Charta in which the words of Salvo Contenemento are mentioned is only to be understood of Amerciaments and not of Fines Yet where great Fines are imposed in Terrorem upon the reducement of them regard is to be had to the Ability of the Persons 19. To the Nineteenth they say That if one doth steal a Sheep or commit other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his Keeping Yet he doth not thereby become a Traytor neither doth a Proclamation make him so the Chief use whereof in such a case is to invite the Party so standing out to submit himself to Justice or to forewarn others of the danger they may run into by Keeping him Company or giving him Maintenance or Relief whereby he may the Rather submit to Justice 20. To the Twentieth they say That the Testimony or Evidence of Rebels or Traytors under Protection or Thieves or other Infamous persons is not to be used or pressed as Convincing Evidence upon the Tryal of any man for his Life And so is his Majesties printed Instructions as to persons Condemned or under Protection yet the Testimony of such persons not condemned may be given in Evidence at the Tryal and being fortified with other Concurring Proof or Apparent Circumstances may be pressed upon any Tryal and for discovering their Fellows or Abettors or Relievers as the Circumstances may offer themselves in their Examination especially if before they Confess themselves guilty of the Offence in Imitation of the Approver at the Common Law whereof no Certain Rule may be given And it needs not be made a Question here Whether the Jurors or Judges ought to be Judges of the matter of Fact It being positively laid down in the 16th Question that they are and tho their false Verdict doth convince or not convince the Prisoner yet they may be questioned and punish'd for a false Verdict as in their Answer to the 16th is already declared 21. To the Twenty first they say That that Question is now judicially depending and hath been already solemnly argued in his Majesties Court of Wards in which Court their Assistance for declaration of the Law therein is already required And therefore they humbly desire they may not be compelled to give any Opinion touching that Point until it be resolved there 22. To the Two and twentieth they say That they do conceive there is no matter of Law contained in the said Question yet for further satisfaction of your Lordships they say That upon View of an Act of State bearing date at his Majesties Castle of Dublin the 24th of December 1636. grounded upon his Majesties Letters of the 5th of July last past it appears unto them that Four shillings in the pound as of his Majesties free Gift and Reward out of the first payment of the Increase of Rent reserved to his Majesty was allow'd unto the Judges that were Commissioners and attended that Service And they humbly conceive That the receiving of that Four shillings in the pound of his Majesties Bounty stands well with the Integrity of a Judge And those Judges did inform them That they did not avoid any Letters Patents upon those Commissions of Defective Titles but receive such to Compound as submitted for the strengthening of their defective Patents and Titles And such as would stand upon the Validity of their Grants were left to the Tryal of Law And that the Compositions made after the said Grants of 4 s. in the pound were made according to Rules and Rates agreed upon by all the Commissioners before his
according to the Command thereof upon due and convenient notice thereof given to him at the Charge of the Party or Parties who requireth or procureth such Writ or Writs and upon Security by his or their own Bond or Bonds given to pay the Charge of carrying back the Prisoner or Prisoners if he or they shall be commanded by the Court to which he or they shall be brought as in like Cases has been used such Charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any Difference shall arise there about bringing or cause to be brought the Body or Bodies of the said Party or Parties so committed or restrained unto and before the Judges and Justices of the said Court from whence the same Writ or Writs shall issue in open Court and shall then likewise certify the true Cause of such his or their Deteinors or Imprisonment and thereupon the Court after such Return made and delivered in open Court shall proceed to examine and determine whether the Cause of such Commitment appearing upon the said Return be just and legal or not and shall thereupon do what to Justice shall appertain either by Delivering Bailing or remanding the Prisoner or Prisoners 7. Quest Of what Force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by Infringing any such Act of State Proclamation or both And what punishment do the sworn Judges of the Law that are Privy Councellors incur that Vote for such Acts and Execution thereof Declarat An Act of State or Proclamation in this Kingdom cannot bind the Liberty Inheritance Possession or Goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act of State or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as Breakers and Violators of their Oaths of Judges 8. Quest Are the Subjects of this Kingdom subject to the Martial Law And whether any man in the time of Peace no Enemy being in the Field with Banners displayed can be Sentenced to death If so by whom and in what Cases If not What Punishments do they incur that in time of Peace execute Martial Law Declarat No Subject of this Kingdom ought to be Sentenced to Death or Executed by Marshal Law in time of Peace and if any Subject be so Sentenced or Executed by Marshal Law in time of Peace the Authors and Actors of any such Sentence or Execution are punishable by the Law of the Land for their so doing as Doers of their own Wrong and contrary to the said Law of the Land 9. Quest Whether Volantary Oaths taken freely before Arbitrators for Affirmance or Disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or any other Court and why and wherefore Declarat No Man ought to be punished in the Castle-Chamber or any other Court for taking a Voluntary Oath before Arbitrators for affirmance or disaffirmance of any Thing or the true Performance of any thing in Civil Causes nor are the Arbitrators before such Voluntary Oath shall be taken Punishble 10. Quest Why and by what Law or by what Rule of Policy is it that none is admitted to Reducement of Fines and other Penalty in the Castle-Chamber or Council Table untill he confess the Offence for which he is Censured when as Revera he might be innocent thereof tho suborned Proofs or Circumstance might induce a Censure Declarat By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledg the Offence laid to his Charge or the justness of any Censure past against him in the Castle-Chamber or at the Council Table nor ought to be deteined in Prison or abridged of his Liberty or the Reducement of his Fine stayed or delayed until he doth acknowledg such Offence or the justness of such Censure And it is further declared That no such inforced or wrested Confession or Acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or Review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. Quest Whether the Judges of the Kings-Bench or any other Judges of Goal-Delivery or of any other Court and by what Law do or can deny the Copies of Indictments of Felony or Treason to the Parties accused contrary to the Law Declarat The Judges of the Kings-Bench or Justices of Goal-Delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the Parties indicted 12. Quest What Power have the Barons of the Court of Exchequer to raise the Respite of Homage arbitrarily to what Rate they please to what Value they may raise it by what Law they distinguish between the Respit of Homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are apportionable by Parliament Declarat The Barons of the Exchequer ought to raise the Respite of Homage above the usual Rates appearing in and by the Course and Precedents of the Court continued until the year of our Lord God 1637 and the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the Respite of Homage upon any diversity of the true values of the Knight's Fees 13. Quest Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal to his Majesty for Redress of Injuries or for other Lawful Occasions If so for why and in what Condition of Persons and by what Law Declarat The Subjects of this Kingdom may lawfully repair into England to appeal to his Majesty for Redress of Injuries and for other their Lawful Occasions and for their so doing ought not to be punished or questioned upon the Statute of 5 R. 2. nor by any other Law or Statute of Force in this Kingdom eminent Officers and Ministers of State Commanders and Soldiers of his Majesties Army the Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenue and Customs whose Attendance is necessarily requisite by the Laws and Statutes of the Realm only excepted 14. Quest Whether Deans or other Dignitaries of Cathedral Churches be properly and de Mero jure Donative by the King and not Elective or Collative If so Why and by what Law And whether the Confirmation of a Dean de Facto of the Bishops Grant be good or valid in Law and no If not by what Law
a Convenient time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Councel of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they do hereby Exhort and Require all his Majesties loving Subjects both in this and that Kingdom to remember their Duty and Conscience to God and his Religion and the great and Eminent Danger which will involve this whole Kingdom in General and themselves in Particular if this abominable Treason be not timely suppressed and therefore with all Readiness Bounty and Chearfulness to confer their Assistance in their Persons or Estates to this so important and necessary a Service for the Common Good of all The Letter to be sent along with this Declaration was in these words MY Lords Justices The Letter from the Speakers of both Houses to the Lords Justices of Ireland and the rest of his Majesties Council of his Majesties Kingdom of Ireland I have received a Command from the Lords House in this present Parliament to send unto you this inclosed Declaration of the Lords and Commons in Parliament for the better Encouragement of his Majesties Faithful Subjects to unite and imploy themselves in opposing and suppressing the Rebels of this and that Kingdom the publishing whereof I am to commend to your Care and Wisdom and rest c. The Resolutions being again read over the House consented to them and ordered the Lord Keeper to take Care to see them sent to Ireland as also to send Copies of them to his Majesty that he may see the Care of his Parliament in his absence concerning the Affairs of Ireland The Lord Admiral was also Ordered to give Command for the stoping of the Posts towards Ireland Order to stop the Posts towards Ireland upon such as are now going from Flanders into the Kingdom of Ireland It was also Ordered Order to take Care to guard the City against Tumults That the Lord Chamberlain of his Majesties Household Captain General of the South Parts of this Kingdom during his Majesties being out of this Kingdom shall give Order to the Lord Mayor of the City of London to safe guard the said City as there shall be Cause against all Tumults and Disorders that shall happen in or about the said City and the Liberties of the same upon any occasion whatsoever In the Commons House it was upon the Question Resolved That the Conference with the Lords shall be renewed concerning the securing of the Persons of Papists It was also Ordered That a Warrant be drawn to pass both Houses to the Master of the Ordnance for the delivery of the Arms and Powder and Ammunition at Carlisle to the Lord Lieutenant of Ireland or such as he shall appoint This day the Lord Keeper signified to the House of Lords Friday Novemb. 5. That he had received a Letter from the Lord Howard at Edenburgh dated the 30th of October 1641 which was commanded to be read the Effect whereof was THat meeting with the Instructions of the Parliament beyond Anwick in his return to London his Lordship and Mr. Fiennes returned back again to Edenburgh to present them to his Majesty which having done his Majesty told them That for the Business of Barwick be hoped by this time the Parliament had received Satisfaction Concerning the Rebellion in Ireland his Majesty upon the first Notice thereof moved the Parliament of Scotland to take this business into Consideration which accordingly they did and appointed a Committee for this very purpose which made Report whereof a Copy is Enclosed together with a Ratification thereof in Parliament wherein they have testified their Affection and respect to this Kingdom The Report of the Committee in the Parliament of Scotland Rege praesente 28 Octobris 1641. HIS Majesty produced a Letter written to him by the Lord Viscount Chichester anent some Commotions in Ireland The Resolutions of Scottish Parliament concerning the Irish Rebellion which was publiquely read in Audience of the Kings Majesty and Parliament And his Majesty desired that some may be appointed to think upon the Business so far as may concern his Majesty and the Kingdom And the Estates nominated the Lord Chancellor Lord General Lord Lothian Lord Amond the Lardis of Wedderburn Kinhault and Murthill the Commissioners of Edinburgh Glascow and Aire to think upon some Course necessary to be done anent the said Letters and what is incumbent to be done by this Kingdom thereupon and Report again to the Parliament To meet in the General his House this Afternoon at two Hours 28 Octobris 1641. This Day in the Afternoon the Committee above nominated appointed for taking into Consideration the Report of the Commotions in Ireland being met in the Lord Generals House and having read the Letter directed to the King's Majesty from the Lord Chichester Dated at Belfast the 24th of October 1641 hath Considered That his Majesty out of His Wisdom and Royal Care of the Peace of His Kingdoms hath already acquainted the Parliament of England with the Intelligence from Ireland and has sent to Ireland to know the certainty of the Commotions and of the Affairs of that Combination which till it be perfectly known there can be no particular Course taken for Suppressing thereof and the Kingdom of Ireland being dependant upon the Crown and Kingdom of England the English may conceive Jealousies and mistake our Forwardness when they shall hear of our Preparations without thair Knowledg in this whairin they are first and more properly concerned And if the Insurrections be of that Importaince as the British within Ireland are not Powerful enough to Suppress it without Assistance of greater Forces * * Scotish for than nor thair Allies and that his Majesty and Parliament of England shall think our Aid necessary to joyn with thaim We conceive That the Assistance which we can contribute may be in readiness as soon as England and if after Resolution taken by his Majesty with Advice of both Parliaments it shall be found necessary that we give our present Assistance we shall go about it with that speed which may Witness our dutiful Respects to his Majesties Service and our Affections to our Brethren his Majesties Loyal Subjects of England and Ireland 29 Die Octob. 1641. Read in Audience of his Majesty and Estates of Parliament ad futuram rei memoriam as ane Testimony of their Affections to his Majesties Service and the Good of the Neighbor Kingdoms and appoints thrie of the Baronis
Nature to reveal concerning some Lords and Members of the House of Commons Upon this the House sent forth some Members to speak with the Man who acquainting the House with some Discourse they had with him the Commons sent for him in who beginning to relate the Business the House of Commons would not suffer him to name any Person lest the Parties hearing of it should Fly And because it concerned some Peers of this House the House of Commons have sent the Man who is now at the Door ready to be Examined openly or in what manner else their Lordships in their Wisdom shall think fit Then Thomas Beal a Taylor dwelling in White-Cross Street was called in and made a Relation of the whole Matter with all the Circumstances which was as follows THat this day at Twelve of the Clock Beal's Narrative before the Lords he went into the Fields near unto the Post-House and walking on a private Bank he heard some talking but did not see them at first but finding them by the Voice he coming within hearing of them understood they talked of State Affairs and going nearer them he heard one of them say that it was a wicked thing that the last Plot did not take but if this goes on as is in Hand and intended they shall be all made And also heard them say That there was 108 Men appointed to kill 108 Persons of the Parliament every One his Man some were Lords and the others were to be Members of the House of Commons all Puritans and the Sacrament was to be Administred to the 108 Men for performing of this and those that killed the Lords were to have 10 l. and those that were to kill the Members of the House of Commons 40 s. That Gorges being the 37th Man Very notable Rewards had taken the Sacrament on Saturday to kill one of the House of Commons and had received 40 s. That one Phillips coming to London on Sunday Night late was charged to be at my Lord's Chamber where was only my Lord Father Jones and Father Andrews he also had his Charge and five more with him he being the 108 man and the last as he thought That Phillips had been in Warwick-shire and in Buckingham-shire with Letters and that he delivered Letters to Mr. Sheldon who gave him his Dinner and a Piece for his Pains charging him to make haste to London again and giving him Letters to deliver to my Lord. That Dick Jones was appointed to kill that Rascally Puritan Pym and that 4 Tradesmen were to kill the Puritan Citizens which were Parliament men That on the same day being the 18th of this Month when the City shall be in a Tumult there shall be Risings in Six several Parts of this Land by the Papists viz. in Warwick-shire Worcester-shire Buckingham-shire Lancashire and Two other Places which he remembers not That those that were to kill the Lords were brave Gallants in their Scarlet Coats and had received every man 10 l. a piece and when that was gone they might come and fetch more That this was to be done either coming down Stairs or taking their Coaches or entring into their Lodgings or any other way as they should see opportunity That although all were not killed yet the Tumult would be so great that it would prevent sending to Ireland and that was Father Andrews his Wit to prevent sending thither because if they prevailed there they should not have Cause to fear here This Relation being made Beal was commanded to withdraw and the House took into serious Consideration what Course was fit to be speedily taken in this Business And the House being informed That there is one Father Brown a Priest in the Gate-House who is a likely Man to give Information and Descriptions of Jones and Andrews mentioned by Beal the Lord Chief Justice of the Common-Pleas and Mr. Justice Reeves were appointed to go presently to the Gate-House to take his Examinations It was also Ordered That the Justices of the Peace Order to Apprehend Priests and Jesuits of the City and Liberties of Westminster the Justices of Peace for the County of Middlesex and the Lord Mayor and Sheriffs of London do presently make speedy and privy Search this Night for Father Jones and Father Andrews Priests and for all other Seminary Priests and Jesuits and to cause them to be forthwith Taken and Apprehended and put into safe Custody until the further Pleasure of this House be known and that their Names be returned to this House and that any Man that shall discover any Popish Priest or Jesuit and procure them to be Apprehended shall be rewarded by the Parliament It was further Ordered That the Gentleman Vsher attending this House or his Deputy shall repair unto Edward Sheldon Esquire the Elder Order to seize the two Mr. Sheldons upon Beal's Discovery and Edward Sheldon the Younger his Son and bring them unto the Lords in Parliament with a safe and Strong Guard upon them if there shall be Cause and that the Sheriff of the County wherein the said Mr. Sheldons now Reside shall Aid and Assist the said Gentleman Vsher or his Deputies for the safe bringing up of the said Mr. Sheldons to the House if the said Gentleman Vsher or his Deputies shall desire it And that the said Gentleman Vsher or his Deputies shall call in two of the next Justices of the Peace and Seal up their Study Doors and make search for Priests and Jesuits and bring them up that they may be Proceeded against as this House shall direct Ordered That Mr. William Sheldon now in Town be forth-coming at such time as this House shall send for him and in the mean time his Study to be sealed until further Order Ordered That all Lords Recusants being Members of this House and Peers of Parliament being now in Town shall come to this House on Tuesday the 16th of this Instant November by Nine of the Clock in the Morning Ordered That strict and near Search shall be made with all possible Speed in all Parts in and about the City of London and the Liberties thereof for one called or known by the Name of Richard Jones who being Apprehended shall be forthwith brought before the House And it was also Ordered That the Deputy Lieutenants of the Counties of Worcester Lancashire Warwick-shire and Buckingham-shire have a Charge to secure the said Counties The Lord Chief Justice of the Common-Pleas Reported Thnt he hath Examined Father Brown whether he knows any such Men as Father Jones and Father Andrews and his Answer is he knows no such In the Commons House a Committee was appointed to prepare a Draught of an Ordinance of Parliament for the putting the Trained-Bands into a readiness and posture of Defence upon all Occasions and likewise for securing the Persons of the Prime Papists and the Knights Citizens and Burgesses to bring in Lists of the Prime Papists in their several Counties Tuesday Novemb 16. Mr.
Holiness and love of Sin Will work their destruction which now doth begin Their Curbing the Gospel will kill their own growth Go Toll the Bell for them and eke for their Broth. Nor were they who pretended to be Poets on the other side idle but pelted them with Rolands much like the others Olivers I will give the Reader but Two or Three Stanza's of a Litany month January 1641. lest I surfeit him of this sort of Mechanick Wit which yet wanted not Truth From all dissembling Sep'ratists and those That snuffle their unlearned Zeal in Prose As if the way to Heaven was through the Nose Libera nos c. From those that dare work ill in every Season And are so far from Sanctity or Reason They dare believe there 's Piety in Treason Libera nos c. From them which nothing but false Rumors Rear And likewise those which lend such Men an Ear Who publish for a Truth all which they hear Libera nos c. From those indiff'rent Men that know no Guide Who are from their Allegiance so wide That come what will they 'l take the strongest side Libera nos c. But the number of the Malicious and Seditious Pamphlets did far exceed those that had any thing honest in them And how trivial soever such things may appear yet it is incredible what mischief they do and what Impressions they make upon the credulous Vulgar and it may be a piece of Policy not misbecoming the wisest States-men to obviate such Arts as seeming little yet are of such universal dangerous influence upon the lower Ranks of People whose hands act those mischiefs which the more cunning heads of the Faction contrive and I know not any one thing that more hurt the late King then the Paper Bullets of the Press it was the Scandalous and Calumniating Ink of the Faction that from thence blackned him and represented all his Words and Actions to the misguided People who would difficultly have been perswaded to such a horrid Rebellion if they had not been first prepossessed by the Tongues and the Pens of the Faction of strange and monstrous Designs which they said the King and his evil Councellors the Bishops and Malignants who were all by these Pamphlets stiled Papists and Atheists had against their Lives Liberties and Religion But I crave the Reader 's pardon for this seeming digression and now let us pursue our Voyage through this Tempestuous New Year The King that the whole World might see how sollicitous he was in every thing for the deplorable State of Ireland which the Faction were so far from relieving in good earnest that they were angry at the beating up of Drums for Volunteers for that Service issued out his Royal Proclamation for the suppressing of those Rebels as follows By the KING A Proclamation for the suppressing the Rebellion in Ireland Jan. 1. 1641. WHereas divers lewd and wicked Persons have of late risen in Rebellion in Our Kingdom of Ireland surprized divers of Our Forts and Castles possessed themselves thereof surprized some of Our Garrisons possessed themselves of some of Our Magazins and Munition dispossessed many of Our Good and Loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many thousands of Out good Subjects of the British Nation and Protestants of their Goods to great Values Massacred Multitudes of them imprisoned many others and some who have the Honor to serve Vs as privy Counsellors of that Our Kingdom We therefore having taken the same into Our Royal consideration and abhorring the wicked Disloyaity and horrible Acts committed by those Persons do hereby not only declare Out just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of Our good Subjects in that Kingdom to be Rebels and Traitors against Out Royal Person and Enemies to Our Royal Trown of England and Ireland And We do hereby strictly Charge and Command all those Persons who have so presumed to rise in Arms against Vs and Our Royal Authority which We cannot otherwise interpret then Acts of High Rebellion and detestable Disloyalty when therein they spoil and destroy Out good and loyal Subjects of the British Nation and Protestants that they do immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail We do let them know That We have Authorized Our Iustices of Ireland and other Our Chief Governor or Governors and General or Lieutenant General of Our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Dissoyalty against Vs their Lawful and undoubted King and Sovereign have made themfewes unworthy of any Mercy or Favour wherein Our said Iustices or other Chief Governor or Governors and General or Lieutenant General of Our said Army shall be countenanc'd and supported by Vs and by Our powerful Succors of Our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the blessing of God that Kingdom hath so long and so happily injoyed under the Government of Our Royal Father and Vs and this Our Royal Pleasure We do hereby require Our Iustices or other Chief Governor or Governors of that Our Kingdom of Ireland to cause to be publish't and Proclaimed in and throughout Our said Kingdom of Ireland Given under Our Signet at Our Palace at Westminster the first day of January in the Seventeenth Year of Our Reign 1641. God save the King The King at his last being in Scotland Munday January 3. had gained Informations there of the secret Intrigues of the Faction and their Contrivances to promote the Scottish Invasion and Rebellion and that they were Meditaâ—ing the same Course in England And therefore this day the Lord Keeper Signified to the House of Lords That he was commanded by the King to let their Lordships know that his Majesty hath given Mr. Attorney General Command to Acquaint their Lordships with some Particulars from him Hereupon Mr. Attorney standing at the Clerks Table said That the King had Commanded him to tell their Lordships that divers Great and Treasonable Designs and Practices against him and the State have come to his Majesties knowledge for which the King hath given him Command in his Name to Accuse And did Accuse six Persons of High Treason and other High Misdemeanors by delivery of the Articles in Writing which he had in his hand which he received from his Majesty and was Commanded to desire your Lordships to have it read In which Articles the Persons Names and the Heads of the Treason were contained Which Articles were Commanded to be read and were in these words Articles of High Treason and other High Misdemeanors against the Lord Kymbolton Mr. Denzil Hollis Sir Arthur Hasterigg
against those Mens persons further then I had discovered those as I thought unlawful Correspondencies they had used and ingagements they had made to embroil my Kingdoms of all which I missed but little to have produced Writings under some Mens own hands who were the chief Contrivers of the following Innovations Providence would not have it so yet I wanted not such Probabilities as were sufficient to raise Jealousies in any King's heart who is not wholly stupid and neglective of the Publick Peace which to preserve by calling half a Dozen Men in a fair and Legal way which God knows was all My design could have amounted to no worse Effect had it succeeded then either to do Me and My Kingdom Right in case they had been found Guilty or else to have cleared their Innocency and removed My Suspicions which as they were not raised out of any Malice so neither were they in reason to be smothered What flames of Discontent this spark though I sought by all speedy and possible means to quench it soon kindled all the World is Witness the Aspersious which some Men cast upon that Action as if I had designed by force to assault the House of Commons and invade their Priviledge is so false that as God best knows I had no such intent so none that attended Me could justly gather from any thing I then said or did the least intimation of any such thoughts That I went attended with some Gentlemen as it was no unwonted thing for the Majesty and Safety of a King so to be attended especially in discontented times so were my followers at that time short of My ordinary Guard and no way proportionable to hazard a Tumultuary conflict Nor were they more scared at my coming then I was unassured of not having some affronts cast upon Me if I had none with Me to preserve a Reverence to Me For many People had at that time learn'd to think those hard thoughts which they have since abundantly vented against Me both by Words and Deeds The Sum of that business was this Those Men and their adherents were then looked upon by the affrighted Vulgar as greater Protectors of their Laws and Liberties then My Self and so worthier of their Protection I leave them to God and their own Consciences who if guilty of evil Machinations no present Impunity or Popular Vindication of them will be Subterfuge sufficient to rescue them from those Exact Tribunals to which in the obstructions of Justice among Men we must Religiously appeal as being an Argument to us Christians of that after unavoidable Judgment which shall rejudge what among Men is but corruptly decided or not at all I endeavoured to have prevented if God had seen fit those future Commotions which I foresaw would in all likelihood follow some Mens activity if not restrained and so now hath done to the undoing of so many thousands the more is the Pity But to over-aw the freedom of the Houses or to weaken their just Authority by any violent impressions upon them was not at all My Design I thought I had so much Justice and Reason on My side as should not have needed so rough assistance and I was resolved rather to bear the Repulse with Patience then to use such hazardous Extremities So far the Royal Martyr This day in the Forenoon as I have it in one of the printed Diurnals which I give in the Writers own Words his Majesty went to the Guild-Hall attended with divers of the Nobility and there demanded likewise his Prisoners giving order for their Apprehensions and then went to Dinner at one of the Sheriffs where he was Royally Feasted and towards the Evening he was attended by the Lord Mayor and Aldermen as far as Temple-Bar homewards who returning were set upon by some rude Persons my Lord Mayor being pluckt off his Horse and some of the Aldermen and forced to go home on foot having other abuses offered them This is related by one of the permitted Writers of those times from whence it is plain how governable a sort of People these pretended Zealots were and are for such they were who were the Authors of all these disorders Presbyterians Independants Anabaptists and the other Anomalous Schismaticks who put this affront upon the Magistracy of the City purely out of their spightful Zeal for their paying this respectful Duty to His Majesty A Message was this Day brought from the House of Commons by Mr. Wednesday January 5. Message to the Lords concerning the King's coming to the House Nathaniel Fienes 1. To acquaint their Lordships That yesterday the King did come to the Door of the House of Commons with armed Men and came into their House in Person when the House sat and demanded some of their Members which they conceive is a high and great Breach of the Priviledges of Parliament therefore they thought it fit to give their Lordships notice of it as a Breach of Priviledg for it may concern this House likewise 2. The House of Commons renew their former desire to their Lordships to joyn with them to Petition his Majesty that the Parliament may have a Guard for to secure them as shall be approved of by the King and both Houses of Parliament 3. The House do let their Lordships know That they have appointed a Committee to sit at Guild-Hall in London and have also appointed the Committee for Irish Affairs to meet there Hereupon It was Ordered That the Lords Committees for the Irish Affairs shall meet in this House when the House rises and shall have Power to adjourn themselves from time to time and from Place to Place as they shall see Cause The Bishops who were ordered to put in their Answer unto their Impeachment upon the 7th of January were this Day ordered to put in their said Answer upon Wednesday the Twelfth of January and not before After which the House was Adjourned till the Eleventh of January In the Commons House It was Ordered That the Doors be locked and the Key brought up and the outward Rooms cleared of all Persons but Servants to Members of the House and that no Member do offer to go out without leave and also that some Members do send forth their Servants to see what Numbers of People are repairing towards Westminster and to bring notice to this House Then Mr. Glyn. Sir Philip Stapleton Mr. Whitlock Sir Henry Vane ju Mr. Grimston Sir John Hotham Serjeant Wild Mr. Fiennes Mr. Bellasis and Sir Walther Earl were appointed as a Committee presently to retire into the Committee Chamber and to consider of some Way for vindicating the Priviledges of Parliament and for providing for the Safety of both Kingdoms and present it to the House with all speed The Question was then put Whether a Committee shall be named by this House to sit in Guild-Hall in London the House was divided Mr. Herbert Price Tellers for the No 86. Mr. Kirton Tellers for the No 86. Mr. Cary Tellers for the