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
of Aid and Supply to your Lordships in the Ancient and due Form But perhaps your Lordships will say you question not that general right we have of granting Subsidies that it is to receive its Birth and Being from the House of Commons but that in this particular case of Poll-money you expect a particular satisfaction and much more to see it proved that the Peerage of England were ever before rated in such a Bill For the first my Lords this way is an Ancient and a known way it began in the time of that Wise and Victorious Prince King Ed. 3. as appears upon Record in Rotulo Parliamenti de Anno 51. Ed. 3. Numero 19. And I assure my self neer upon three hundred years continuance is able to challenge both allowance and imitation from this present Age. During the Reign of R. 2. his Grand-child this course of raising money by the Poll was again put in practice as an advantagious and a speedy way Your Lordships shall find one example of it in the Parliament Roll de Anno 4. Rich. 2. n. 15. being almost the same with that rate and proportion granted in the time of Edward the Third But that Record which comes home to this case and is an identical president in the very particular before your Lordships to give you full satisfaction is found in Rotulo Parliamenti in Parliamento 2. for the miseries at home and the calamities abroad caused in one year sometimes two sometimes three Parliaments in those elder times de An. 2. Rich. 2. n. 14. where the Dukes Earls and Barons are all particularly rated and the Duke of Britain is there assessed as a Duke though he were a Free Prince and had only the Title of Earl of Richmond in England Nay my Lords the House of Commons at this time hath come far short of the same president in favour of the Noble Ladies for whereas the Countesses Dowagers were rated at the same proportions with Earls and the Widows of Barons at as high a rate as the Barons themselves we have now eased them of two parts of that and only charged them with the third I hope now your Lordships have seen both reason and president for our proceedings at this time you will be pleased to believe that the House of Commons will be as careful and tender of your Lordships Rights and Priviledges as of their own We know my Lords that this is the way to preserve peace and unity between us which as it is always expedient so is it at this time most necessary For the two Houses are as the two Arms of the Kingdom if we hold fast together we shall be able to Accomplish great things worthy to be transmitted to after-Ages but if we dissever and disunite we may end in ruin and calamity So much of the said Record as concerns the rating of the Nobility and Gentry is here added it being presented thus ready written at the said Conference Rot. Parliamen in Parliamento 2. de An. 2. Rich. 2. N. 14. Le Duc de Lancastre le Duc de Bretaigne chescun a x. Markes chescun Conte D'engleterre iiii l. Chescun Countesses veoves en Engleterre a tant come les Count iiiii l. Chescun Baron Baneret ou Chivaler qui poet a tant dispendere xl s. Chescun Baronesse veove paiera come Baron Banresse come le Baneret xl s. Chescun Bachiler chescun Esquier qui per Le statute deveroit estre Chivaler xx s. Chescun veove Dame feme de Bachiler on Esquier al afferant xx s. Chescun Esquire de meindre estate vi s. viii d. Chescun feme veoxe de tiel Esquire ou Marchant suffisant vi s. viii d. Chescun Esquier nient possession de terres ne chateux quest en service ou ad este armes iii. s. iiii d Captain Pollard this day Petitioned the House Captain Hugh Pollard Bailed that he might have liberty to go into the Country to visit his Father who lay very sick and was so far displeased with him upon the misfortune of his Accusation that he was afraid he would dis-inherit him and the Earl of Essex and another Lord offering to be Bail for him it was Ordered That by Warrant from the Speaker he should be delivered from the Gate-House to the Serjeant at Arms who was to take Bail of 1000 l. from himself and 500 l. apiece from his Bail Thursday July 1. Stannery Bill passed the Commons The Articles against the Judges Voted for his appearing upon Monday three weeks The Bill for Regulating the Court of Stanneries was this day read a third time and passed the Commons Mr. Hide reports the Articles against Judge Crawley Sir Humphrey Davenport Lord Chief Baron of the Exchequer Sir Thomas Trevor Baron of the Exchequer Sir Richard Weston Baron of the Exchequer which were singly Voted and ordered to be Engrossed and a Conference to be desired with the Lords and that Sir Randal Crew 's Case be then recommended to their Lordships to move his Majesty to recompence him with Honour for his Sufferings for the Publick Upon Mr. Peard's reporting of the Case of Mr. Faunt Mr. Peard Reports Mr. Faunt's Case it was Resolved c. That the Sentence in the Star-Chamber against Sir William Faunt was without ground of any thing that appears either in answer or proof Resolved c. That the said Mr. Faunt and his Father as Co-executors ought to be restored to all that was paid either by Sir William Faunt or them Resolved c. That the Cause be represented to the Lords to the end the Sentence may be reversed and the Parties restored to all that they and their Testators have paid Resolved A Vote against the Council Board c. That neither the Body of the Lords of the Council nor any one of them in particular as a Privy-Councellor hath any power to imprison any Free-born Subject except in such Cases as they are warranted by the Statutes of the Realm Engrossed Articles against Lord Chief Justice Bramston Friday July 2. Lord Chief Baron Davenport the Judges Crawley Weston Trevor and Berkley voted to be carried up to the Lords The Bills against the Court of Star-Chamber and High-Commission Court Bills against Star-Chamber c. Carried up to the Lords with the amendments passed and carried up to the Lords by Mr. Capel as also the Bill for raising Mony for the speedy disbanding the Armies and to move their Lordships to desire of his Majesty his Royal Assent to them with all convenient Expedition The Bill for the Poll-mony with the Amendments were twice read in the House of Lords and agreed to with this Memorandum Memorandum A Salvo entered by the Lords about the Poll Money That a Salvo be entred for the preserving the Priviledges of Peers of this Realm for Rating and Taxing themselves in Subsidies by Members of this House in time of Parliament This day was read a third
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
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
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
took Exception at their Petitioning for a Parliament and said Leaving out that Clause he would joyn with them in that Petition Sir Henry Cholmley deposed Sir Hen. Cholmley That informing my Lord that notwithstanding the Warrants Mony came not in and that unless he had money shortly the Regiment of which he was Colonel would disband his Lordship told him he would send a Levy on the Goods of those that refused but knows not whether such Levies were sent Sir John Hotham deposed much to the same Effect Sir John Hotham Sir Philip Stapleton deposed Sir Philip Stapleton That the Gentry upon the King's Summons being met drew the Petition to which there were 100 hands and that the Earl refused to deliver it unless the concluding clause were left out but most of them resolved to stand to that Petition and many went out of Town not doubting the delivery of it My Lord put it to the Vote where there were many Papists and on the Vote delivered an Answer what he knows not for he stayed behind to draw another Petition and humble Protestation to his Majesty that this Petition was the Answer of the Countrey Lord Wharton deposed Lord Wharton That attending my Lord Strafford with this Petition he refused to deliver it upon the Exception before mentioned that divers of the Gentlemen that were there would not go back from that with which so much humility and reason they thought was desired thereupon my Lord went to the King but they who thought not fit to alter the Petition went not with him and what he said he knows not Then this following Warrant of Sir William Pennyman's was produced and he owning it and it being not in Accusation of himself but grounded on my Lord Strafford's Command for Levying money it was read To the Constable of Sergeant-Major Yaworthe's Company WHereas the Lord Lieutenant-General of his Majesties Army Sir William Pennyman's Warrant by His Majesties Command sent forth Warrants to the Constable of this Weapontake of Longborough for Collecting and Paying the Soldiers of my Regiment Six weeks pay to be delivered from my hands which is not yet received from c. These are therefore once more in his Majesties Name to Will and Require you forthwith to pay or cause to be paid to the said Sergeant-Major the several Rates and Proportions both of the First and Second Contribution Assessed on your Town c. And if any Person or Persons shall refuse so to do you are instantly on receit hereof to bring him or them c. to serve in their own Persons for the defence of this County as the necessity of this Cause requires And hereof c. fail not 19 Octob. 1640. William Pennyman To this Sir William deposed That he cannot say whether the first Warrant was issued by the Vice-President or whether any was issued by my Lord Strafford 's direction And being again and again urged to speak positively and Categorically he said he did verily believe the ground of the Warrant of the Deputy-Lieutenants to Levy money on the Countrey was That my Lord told them That he had acquainted the Lords of the great Council and his Majesty and that he did it by their consent but he was out of the room when it was drawn only Mr. Rockly a Deputy-Lieutenant told him so Sir Henry Griffin deposed That he heard my Lord say Sir H. Griffin That he had direction from the great Council to Levy money for Sir William Pennyman and Sir Thomas Danby's Regiments and that by a clause in the Order the Refusers were to be compelled to serve in person Sir Robert Strickland sworn deposed the same Sir John Burroughs sworn deposed That upon the 20th of October Sir Robert Strickland Sir John Burroughs Mr. Robert Strickland and Mr. Mallard coming as he thinks to tender their services to the Lords among other discourse mentioned some Order concerning the relieving the two Regiments for the Guard of Richmonshire and that thereupon themselves my Lord Strafford and the rest of the Deputy-Lieutenants had granted Warrants for the assessing Money at this the Lords were startled and commanded him to inform them if there were any such Order he told them being Clerk That he remembred none nor drew up any The Lords desired those 2 Gentlemen to give them Copies of those Warrants they had sent out and that Sir John should take their Testimony which he did My Lord of Strafford did take notice that some such thing had been done at Rippon and said then to the Lords That he did conceive he had the King's Order and their Lordships approbation for the issuing out of this Warrant but since he conceives their Lordships disliked it and had taken Copies of it he was very willing to withdraw these Warrants And this was on the last day of the great Council but that my Lord-Deputy appealed to the King and the King said he did acquaint him with it before the Lords but that the Lords absolutely declined the making any such Warrants and were generally against it Mr. Henry Cholmley sworn Mr. H. Cholmley deposed That my Lord said That the Custom was that private men should serve in Person in the Trainbands or maintain the Charge of them and the Common-mens Charge is born by the Constables of the Town whence they come and told the King Sir if you please Mr. Vice-President may or shall send out Warrants to this purpose William Dowsen deposed Will. Dowsen That Mr. Yaworth Sir William Pennyman's Major came with 4 Musketeers to Egton sent for the Assessors who being unwilling to assess he told them they should answer it before my Lord General and shewed a Warrant from Sir William Pennyman but he did not see it but 2 Musketeers went with each Constable to Levy the money William Pierson deposed the same Will. Pierson And that he saw Sir William Pennyman 's name to the Warrant and that in the Town 4 Musketeers went with the Constable Sir William Ingram deposed Sir William Ingram That inquiring of my Lord Strafford how the Soldiers must be maintained my Lord told him the private men must maintain their Soldiers at 8 d. per diem or else he would commit them and the Soldiers should be maintained at that Rate out of their Estates and if any refused to pay their Assessment they should be committed to Prison and lye there and he would have all men to know that refused to pay such Contribution that they were in little better Condition then guilty of High Treason Sir Henry Griffin deposed Sir Henry Griffin That his Regiment advancing he received 300 l. on the Assessment by virtue of this Warrant but more they could not nor would not pay upon which complaining to my Lord he told him he would take a Course and my Lord did grant forth his Warrant and sent a Messenger from Constable to Constable and all was paid and for ought he knows
the said Counties respectively or otherwise sufficiently Armed and furnished as you in your discretion shall appoint and require And he did not send to pay money but to relieve them by turns and if they found it for their Ease they might do their duty which by Common Allegiance is due or be at the Charge to have it done for them And then he insisted upon another Clause which is according to the Statute of 11 H. 7. in these words And further Our pleasure is and we do give and grant for us our Heirs and Successors That whatsoever you or any other person or persons of what degree soever by your Commission Warrant or Command shall do by Virtue of this Our Commission or Letters Patents or according to the Instructions aforesaid or the purport of this Our Commission touching the Execution of the Premisses both you and the said persons in shewing forth these our Letters Patents or the Constat or Inrollment thereof shall be discharged and acquitted against Us Our Heirs and Successors and freed from all Impeachment and other molestation for the same And therefore if he erred he hopes he is to be Excused for this purpose citing part of the Statute of 11 H. 7. THe King our Soveraign Lord Part of the Statute of 11 H. 7. recalling to his Remembrance the Duty and Allegiance of His Subjects and that they by reason of the same are bound to serve the King for the time to come in His Wars against every Rebellion and Power and Might c. and whatsoever falls against the mind of the Prince and that it is against all Law Reason and Conscience that attending His Person or being in other places of His Command any should lose or forfeit for doing their true Service and Obedience Be it therefore Enacted c. That from henceforth no manner of Person or Persons whatsoever that attends the King in His Person and do Him true Allegiance in His Person or be in other places in His Wars for the said Deed or true Duty he and they shall be any way convicted and Attainted of Treason nor of any other Offence by any Process of Law whereby he shall forfeit Lands Goods Tenements c. and shall be for that Deed and Service utterly discharged of any Vexation c. So that as he conceives having done nothing but for the good of his Majestie 's Service the preservation of the Countrey whatever he may have offended he hopes by the Act of Parliament and his Commission he may appear to their Lordships Justice and Compassion to a man that may Err acquitted of the Charge of High Treason For the words That Refusers were guilty of little less then High-Treason that taking it as he said for a denial of Common Allegiance it is no small Crime but it is only a single Testimony for which he takes himself not to be accomptable Mr. Maynard replyed Managers Reply That he had in stating his Case encreased not diminished his Fault for that the consent of some Gentlemen and Free-holders could not bind the rest and it is no legal way to raise money by Warrant much less by Force That he had no consent of the Lords for what he did as he pretended His Commission speaks not of money and the Statute is not to his Case it being for service on their Allegiance due to the King and levying Money Illegally is no part of that service That he did not first require men to serve but first pay and if not menaces them with Service as appears by the Warrants And to the single testimony of Sir William Ingram concerning Treason for non-payment they produced Mr. Cholmley who deposed That his Lordship said Mr. Henry Cholmley We are all tyed to serve the King in our own Persons and they that refuse are in little better case then Treason and punishable in the Star-Chamber And as he sayes the Warrants were not his it is evident they were by his Command Mr. Whitlock observed That what my Lord pleads in his Justification are sufficient grounds for his Condemnation for affirming necessity absolves the King from Rules of Government and that subjects may be taxed without assent of Parliament are expressly against the Fundamental Laws and a Course to introduce Arbitrary Government My Lord desired to speak to Mr. Cholmley 's Evidence which was new matter which he said differed from Sir William Ingram 's One sayes if money were not paid it was little better c the other he that denies his Allegiance is in little better case than Treason and punishable and for the assuming by his Commission to raise Taxes God forbid he should say or think such a thing but only to call men to perform their Duty for preservation of the King and Countrey He offered then something as to Sir William Penyman 's Warrant which he said was issued by him and the Deputy-Lieutenants Mr. Maynard replyed This was no colour of answer because a Man must serve in person therefore money must be required else he must be brought by head and shoulders to serve in person and offered a Warrant of Sir Edward Osborn 's made upon peril of Life and that all that can be imprisonment levying money charging upon peril of life levying of Goods hath been put upon the Subject Mr. Glyn added That the direction was his the execution others that Gogan 5. R. 2. was accused of Treason for forcing a man to enter into Bond which is not so much as forcing payments on the King's Subjects Then Sir Edward Osborn 's Warrant was read attested by Mr. Cholmley to be the Original in these words VVHereas His Majesty is informed Sir Edward Osborn's Warrant for Levying money that the Regiment under Command of Colonel Cholmley is set forth with little Money which expresses great disaffection to His Majesties service and wilful neglect of your own and the whole Kingdoms safety the Scotch Army having taken Newcastle and being on their march towards these parts These are therefore to Will and require you in His Majestie 's Name and by His special Command to raise and cause to be raised by the Port Constable or otherwise as you shall think best the summ of 20 s. 8 d. at least for each common Soldier 's belonging to such Towns or Parishes to send the same immediately to York to be delivered to the Colonel for Pay and Supply of the said Soldiers and likewise to charge and command all and every person and persons who find private Arms or contribute thereunto for thwith to send the like summ at least to York to be disposed as aforesaid And in case any of them refuse to contribute you are required by like Command to certifie me the Names of such refusers that a Messenger may be sent to bring them hither to serve in person and be severely punished according to the Quality of so high an offence seeing the safety of His Majestie 's Person and the safety of
a Conference by the Earl of Bath to the Commons THese are to signifie to this House That whereas He sent an Answer this day to both Houses concerning the Third Head lest there should be any mistake upon the word Slander His Majesty declares he did not mean all of either House of Parliament or any Members thereof Upon the Reading of the Petition of the Arch-Bishop of Canterbury concerning his payment of Poll-mony It was Ordered Order of the Lords about the Arch-Bishops paying Poll-Money To be left to be paid according to the Act of Parliament The House for freer Debate was put into a Committee to consider of the Court of York and to give judgment herein and after much Debate the House was reassumed and it was Resolved upon the Question by the Major Part Resolves of the Lords concerning the Court at York That the Commission and Instructions whereby the President and Council of the North exercise a Jurisdiction is Illegal both in the Creation and Execution Resolved c. That this Commission and Instructions is unprofitable to His Majesty Resolved upon the Question Nemine Contradicente That this Commission and Instructions is inconvenient and grievous to His Majesties Subjects of those Parts Resolved upon the Question Nemine Contradicente That this House doth joyn with the House of Commons in beseeching His Majesty that the Present Commission and Instructions may be revoked and no such granted for the Future MEmorandum A Salvo for the Judges of the Court of York This House doth declare seeing the Commission and Instructions of the Court of York is Illegal in the Creation and Execution that the former Judges in the Court of York who have given Judgement and proceeded as they thought in their Consciences upon True and Legal Grounds shall not be liable to be Questioned but in case of Injustice and that none in that Case shall be barred of their Appeal And if it appear that there is a Necessity for the Ease of that Country to have a Court this House will advise with the House of Commons how one may be Established by Law for the Ease of those Parts And the Earl of Essex Earl of Bristol Viscount Say and Seal Bishop of Lincoln Lord Wharton Lord Kimbolton were appointed to prepare Heads for a Conference with the Commons concerning the aforesaid Particulars that so the Persons that were Judges and the Acts of that Court may have a Saving for them If humane Bodies and Minds are subject to the secret Influences of the Heavenly Bodies certainly England and the rest of the Brittish Dominions were at this time under the Aspects of some Violent and Malignant Configurations and there seemed to be an Universal Inclination in the People every where to Tumults Mutinies Violence and Injustice the Lords House was full of Complaints of the Disorders of this Nature throwing up Inclosures and disturbing the Possessions of others and that not singly but by Multitudes and with such Arms as Rusticks are wont to make Use of upon such Occasions of their Madness And of this the Lords were so sensible that they made this following Order WHereas daily Complaints are made unto this House of violent breaking into Possessions Order of the Lords concerning Violent and Tumultuous breaking into Possessions July 13. 1641. and Inclosures in Riotous and Tumultuous manner in several parts of this Kingdom without any due proceedings by Course of Law to warrant the same which hath been observed to have been more frequently done since this Parliament began then formerly it is thought fit and so Ordered by the Lords in Parliament That no Inclosure or Possession shall be Violently and in a Tumultuous manner disturbed or taken away from any man which was in Possession the first Day of this Parliament or before but by due Course and Form of Law and that such Possessions of all men shall continue and remain unto them as they were on the first Day of this Meeting of Parliament unless it have been or shall be by some Legal way of proceeding in some of His Majesties Courts of Law or Equity or by some Act or Order of the Parliament determined or ordered to the Contrary And in all such Cases where any such unlawful disturbance of the quiet Possession of any man hath happened or shall happen the High Sheriff of the County shall have Power by virtue of this Order together with two of the Justices of the Peace of the said County next or near to the place and such other or others as he or they shall think fit to take with him or them to repair unto the place where such Tumults happen to be and appease and quiet the Possession of the said Lands and Inclosures so disturbed as aforesaid and shall see to and cause that the Possession be continued unto the present Owners as aforesaid until by a Legal Course in some Court of Law or Equity or by order of Parliament it be determined or Ordered to the contrary The Lord Bishop of Lincoln Reported Report about the Officers of the Star-Chamber That the Lords Committees appointed to Consider of the Petition of the Officers of the Star-Chamber have fully heard their Cause and they are of Opinion and do not conceive of any fitter way of Relief for these Poor Officers the King's Servants then to remit them to the King's Mercy that His Majesty would be Graciously pleased to allow a Proportionable Relief for these Poor men out of such Fines as may accrue unto His Majesty in the High Court of Parliament to be apportioned by the Lords of the Committees or otherwise as their Lordships shall be pleased to approve thereof and Order it Upon Report this Day made unto the House by the Right Honourable the Lord Seymour that the difference between the Parishioners of St. Report about the Rioters at St. Thomas the Apostle's in pulling down the Rails Thomas the Apostle complained of to the Lords in Parliament was composed by his Lordship to whom the business was referred It is Ordered by the Lords Spiritual and Temporal in the High Court of Parliament Assembled that the said difference together with the Cause depending before their Lordships shall by virtue of this Order be fully ended and determined and Lastly that John Blackwell shall for himself others Petitioned against forthwith pay unto the Overseers of the Poor of that Parish upon sight hereof to the use of the said Poor the full Summ of ten Pounds of Lawful Money of England and hereof they are not to fail as they will answer to the contrary There being a Report spread abroad that His Majesty intended to send the Lord Digby abroad under some honourable Character Tuesday July 13. and as was said Ambassadour into France his Enemies in the House of Commons being extreamly nettled at it were resolved if possible to set a brand of Infamy upon his Lordship and therefore not content to have disgracefully Expelled him
said Propositions and Designs which said Propositions Designs and Consultations the said Henry Wilmot c. did not discover but consented to the same Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal being afterwards Lawfully Examined in Parliament upon their Oaths touching the Premisses did wholly deny the same and the said Sir John Berkley and Daniel Oneal being thereupon questioned did fly for the same The further Debate of this matter was put off until Wednesday at 8 of the Clock Munday July 26. Bill for Northern Counties passed the Lords Lord Majors Case about Electing one Sheriff c. heard The Earl of Bath Reported the Bill for securing of Mony to the Northern Counties c. And being put to the Question it was Resolved to pass The Petition of the Lord Mayor and Aldermen of London and the Petition of the Commonalty of the said City were read and after Councel on both sides had had a full hearing concerning the Election of a Sheriff and other Officers the House of Lords taking the whole business into consideration Ordered That this Cause should be determined on Saturday morning next in case the Lord Mayor and the Commonalty did not agree and compose the matter in Question in the mean time This was a very perplexing Case at this time for the Parliament were about to borrow 40000 l. of the City to disband the Armies and if the Cause had been determined either way in probability it would have given a stop to that Affair but more especially if it had been decided in favour of the Lord Mayor and Court of Aldermen who could not easily have raised that Sum without the Assistance of the most wealthy of the Commonalty The Lord Chamberlain signified to the House Letters about the Army That he had received divers Letters from the Lord General which he thought fit to acquaint the House with As a Letter desiring to know a certain day for disbanding of both Armies Likewise a Letter sent to the Lord General from the Gentlemen in the Bishoprick of Durham complaining of the burthen of the Soldiers there And also a List of the Number of the Five Regiments which are disbanded being 5817 Men All which being read the Lord Chamberlain had leave from this House to Communicate them to the House of Commons Tuesday July 27. Petition out of Oxfordshire against Bishops A Petition of the Ministers and People of Oxfordshire and Barkshire against Bishops was this day read in the Commons House and referred to the Committee for the Ministers Remonstrance A Message from the House of Commons by Sir John Culpeper 7 Bills brought up by Sir John Culpeper who brought up Seven Bills which had passed that House Viz. 1. An Act for the declaring unlawful and void the late proceedings touching Ship-mony and for vacating of all Records and Process concerning the same 2. An Act for the preventing of vexatious proceedings touching the Order of Knighthood 3. An Act for the free bringing in of Gun-Powder and Salt-Petre from forreign Parts and for the free making of Gun-Powder in this Realm 4. An Act to settle the Mannor of Belgraves and other Lands in the County of Leicester to and upon William Byerley Esq his Heirs and Assigns for and towards the payment of the Debts of William Davenport Esq Deceased 5. An Act to enable Sir Alexander Denton Knight to sell the Mannor of Barvard alias Barford St. Michael and other Lands in this present Act mentioned for the payment of his Debts and preferment of his younger Children 6. An Act for Alteration of the Estate and Tenure of some Lands within the Parish of Fulham in the County of Middlesex held of the Lord Bishop of London as of the Mannor of Fulham 7. An Act for the making of the Chappel of Hoole in the County of Lancaster a Parish Church and no part of the Parish of Crosston  l. s. d. Sir John Hotham Reports Report of the Charge of the Armies That to disband the Army requires 242619 11 03 Toward which there is paid 152119 11 03 Remains to be provided 90500 00 00 The Charge of the Garrisons 40000 00 00 Total 130500 00 00 When the Earl of Warwick hath Received and Paid the 50000 00 00 There will Remain due to the Scots 53000 00 00 Besides the Remainder of the Brotherly assistance 80000 00 00 Total due to the Scots 133000 00 00 The Engrossed Bill for Confirmation of His Majesties Letters Patents to the Town of Plymouth Plymonth Bill passed and for dividing the Parish and building a new Church there was read the Third time in the Lords House and being put to the Question it was Resolved to pass as a Law Then the Speaker signified Message from the King to the Lords about Commissions in his absence That His Majesty Commanded him to acquaint their Lordships that because he intends his Journey tawards Scotland upon Monday come Sevennight and in regard that in his absence heretofore he hath left behind him Two Commissions the one directed unto the Lords of the Privy Council for ordering of the Affairs of State and the issuing out of Proclamations upon Emergent Occasions and the other Authorising a Person of Honour to be Captain General for the levying of Forces on this side Trent if there should be any necessity for the safety of the Kingdom His Majesty now thinks it fit to issue out the like Commissions for the said Publick Services in his absence with some Variations and Omissions according to the Occasions and hath named the Lord Chamberlain to be Captain General on this side Trent but His Majesty would execute nothing therein until he had made the same known to both Houses of Parliament desiring their Concurrence and Assistance in all his great Affairs Further it was signified from His Majesty That the Spanish Ambassador did send a Writing unto His Majesty wherein he presseth His Majesty for some of the Irish Companies lately disbanded to be employed in the Service of the King of Spain and that His Majesty hath Commanded that the said Writing shall be Communicated to both Houses of Parliament and he desires their Advice therein Upon which a Conference was desired by the Lords at which the Lords declared their Resolution That they would do nothing in it till Three Points were cleared First That the Ambassadour should set down the particular number of Men he desires Secondly The time When. Thirdly The manner How and the Place from Whence he intends to Transport the Soldiers Mr. Hambden made a Report from the Earl of Pembroke Mr. Hambden Reports the Letter from the Queen of Bohemia That he had received Letters from the Queen of Bohemia wherein she gave humble thanks to the Parliament for their Regard and Consideration of her There was also another Letter read from the Earl of Holland to desire That both Armies might be disbanded together for
might be secured lest the same Design might be intended by them here which they have cause to fear Next That there were divers Laws and good Motions sent up to the Lords for the good of this Church and Common-wealth and that the great Impediment which did arise there that they passed not was from the Bishops and they did conceive that so long as their Votes was in the Parliament it would be a hindrance to the Progress of all good Laws and Motions and therefore they desired a further endeavour to take away their Votes This being thus said by them they put it to the Vote for lending Money and not one Hand or Vote against it And they did further declare That if the Lord Mayor would send to every Ward they would presently pay the Money or subscribe to do it in a short time The Reader may now observe That the City began to Dance after the Pipe of the Faction at Westminster and to load the poor Bishops with being the Cause of the stoppage of the intended Reformation They had wrested the Lord Mayor's Prerogative from him in the Election of one of the Sheriffs as before was shewn and did with great industry endeavour to get the Government of the City out of the hands of those who were of known Loyalty to the Crown and Affection to the Church The Faction in the Commons House needed not this Spur to quicken the Career of their Animosity against the Lords the Bishops however it was extream welcome to them and an usual Artifice by their Agents to put both the City and Country upon Directing and Petitioning what they had a mind to bring to pass this gave a great colour to their proceedings as being agreeable to the desire of the Nation the mind of the People of England and the wishes of the City for those of their Tribe though not the 40th part of the City Nation or People yet they took upon them these great Names And this Arrogant Usurpation of making themselves the Representatives of the good People of England was a vanity which was inseparable to the Party and which we shall find them making Use of upon all occasions The House of Commons thereupon fell briskly upon the Plea and Demurrer of the Bishops which was read twice The Bishops Plea and Demurrer voted Dilatory and then it was Resolved c. That this Plea and Demurrer of the Bishops is Dilatory and insufficient This Vote seems to be given at all adventure for after the Vote a Committee was appointed to consider of the Plea and Demurrer and to present their Opinion what they think fit to be done upon it and after some time Serjeant Wild Reported That after a long Debate in the Committee and variety of Opinions they came at last to this Conclusion That this Plea and Demurrer is Dilatory and insufficient just as the House had Voted before and without shewing any Reasons why but that these 12 Bishops have made no Answer and therefore to desire the Lords That they may put in a peremptory Answer such as they will stand unto There is not the meanest Freeholder in England but by the Common Law of England ought to have had the Liberty to have a Demurrer argued and unless it could be over-ruled by sound Reason and Law it must have been allowed a good Plea and yet these venerable Men who had all the security that the Magna Charta the Common and Statute Law could afford them for their Right of Peerage and Voting in Parliament could not be allowed that Common Right but without the least shadow or Error in the Plea and Demurrer assigned must be obliged to give another Answer This was the Justice of those Men and Times But it was no wonder to see them violate the Laws of Reason Religion and their own Nation for even the Law of Nations as you have seen before in the Venetian Ambassadador's Case whose Letters were opened at their Instance and Direction was not able to preserve its Sacred Power For a Complaint was brought to the Commons House by Segnior Amerigo the Agent of the Duke of Florence that under pretence of searching for Priests his House was broken open by Persons who shewed their Authority for it And hereupon even shame The Agent of Florence outraged lest Foreign Nations should withdraw all Commerce and Correspondence from them who violate the Common Law of all Nations obliged them to appoint a Committee To consider of the Outrages these are the words of their own Journal offered to Segnior Amerigo Agent to the Duke of Florence and likewise to consider of the Abuses of those Men that are imployed by this House for apprehending of Priests and they are to consider of some fit way of Reparation to be made to Segnior Amerigo and to present them to the House This day a Petition of the City of London was read Monday Novemb. 15. Touching the abuse of many Protections which was to the stopping of Trade c. but because the Petition was too General it was agreed it should be delivered back again to be mended and then their Lordships will consider further of it A Message was sent from the House of Commons to desire That the Examinations taken by the Lords Committees concerning the Plot of the Army may be sent down to the House of Commons to be made use of The Examinations were delivered Sealed to the Clerk of the Parliament and it was Debated Whether they should be openly read in the Lords House before they were sent down and upon the Question it was Resolved That they should and thereupon they were opened and read acccordingly They had now a Necessity to revive the Business of the Design of bringing up the Army that by the Assistance of that which they made a mighty Plot they might inforce the great Necessity of the King 's parting with all his Friends in Power and Trust under the Notion of Evil Counsellors with which Debate the House of Commons was in a manner now wholly taken up but sure they were the most Fortunate Persons in the World to be upon all Occasions furnished with the discovery of fresh Plots to carry on their Designs and give them countenance among the Amazed and Affrighted People and one lies under the Temptation of believing that they were the Contrivances of the Faction rather than Realities when it is observed how luckily the Discoveries happened to fall in with their other Designs For in the very nick of time when they were at a dead-lift to get the House of Lords purged of the Popish Beal's Plot. and Popishly Affected Lords and Bishops up starts one Beal a Taylor and Discovers a mighty Plot. For this Day a Message was brought from the House of Commons by John Hampden Esq to let their Lordships know That this Day there came a Man to the Door of the House of Commons and sent in Word That he had Matters of a high