c. Next the Bishop of Linclon reported that at the same Conference Mr. Nichols that was sent into Scotland to his Majesty from both Houses reported That he had delivered the Petition and the Draught of the Commission to his Majesty but his Majesty thought not fit to sign it for these Reasons which he commanded him to signify to the Parliament 1 That his Majesty conceives the Treaty of Pacification The King's Reasons for not signing the Commission sent into Scotland by Mr. Nichols from both Houses between the two Kingdoms is already ratified by the Parliament of Scotland 2 If this Commission should be granted it would beget new Matter 3 It would be a means to keep his Majesty longer there then he intended to stay 4 That the Scots Army is over the Tweed and that the Lord General hath almost Disbanded all Our Army and hath begun with the House A Letter from the Lord General was read declaring Contents of a Letter from the Lord General That he will pursue the Orders of Parliament in disbanding the Army but he understands that the Scots will keep 5000 Men undisbanded until our Army be all disbanded and our Fortifications at Barwick and Carlisle slighted and that to this purpose he had received Directions from his Majesty to demolish the Fortifications and remove the Ordnance and Munition from thence The Bishop of Lincoln Reported the Conference with the Commons concerning Disarming Recusants to this Effect THat the House of Commons had taken into consideration the Store of Arms in this Kingdom and they find The Conference about disarming Recusants Aug. 30. 1641. that there are many Arms in the hands of Popish Recusants for disarming of whom the House of Commons have frequently recommended to this House the disarming of them according to the Stat. of 3 Jac. but they have found that the good came not by this Statute as was intended for upon Indictments for Recusancy there were Certioraris's granted Therefore the House of Commons have taken these things into consideration again and the rather because of the Kings absence at this time in Scotland and that the time of the Recess draws nigh and considering the late Troubles of this Kingdom whch are not yet settled the House of Commons have considered of an Ordnance of Parliament and some Instructions to be given unto such Commissioners as they have named to see to the disarming of Popish Recusants according to the Statute of 3 Jacobi which Ordinance and Instruction they present to their Lordships desiring them to joyn with them herein Then the aforesaid Ordinance and Instructions were read in haec verba An Ordinance made and agreed by the Lords and Commons in Parliament for the speedy disarming of Popish Recusants and other dangerous Persons The Ordinance of Parliament for Disarming Recusants WHereas for the preventing and avoiding of dangers that might grow by Popish Recusants Provision hath been heretofore made by Act of Parliament for the disarming of all Popish Recusants convicted within this Realm which said Law hath not taken so good effect as was intended by Reason such Recusants and Persons Popishly affected have by subtle practices and indirect means kept themselves from being convicted or being outwardly conformable have caused or suffered their Children Grand-children and Servants to be bred up and maintained up in the Popish Religion and have otherways hindred the due Execution of the said Law to the great danger and grievance of the Common-wealth And for that it is too manifest that the said Popish Recusants have always had and still have and do practise most dangerous and pernicious designs against the Church and State and by the Laws of this Realm in times of imminent danger or of any forcible Attempts Designs or Practises against the Peace and Safety thereof all Armor Weapons and other Provisions that may tend or be imployed to the effecting of such mischievous Designs ought timely to be removed and taken away and all fit means used for the securing of the Peace and safety of the Realm And for the preventing of such further mischiefs as may happen by any Outrage or Violence to be offered It is therefore Ordained and Provided by the Lords and Commons in this present Parliament Assembled That all such Arms Gun-powder and Munition of what kind soever as any Popish Recusant convicted or any Person or other which is or shall be Indicted for such Recusancy and such Indictments either are or shall be removed by Certiorari or being not removed shall not by Appearance and Traverse or otherwise be Legally discharged before this Ordinance be put in execution or which shall not have repaired to Church more then once in every Month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making hereof and which shall refuse to take the Oaths of Supremacy or Allegiance upon Lawful Tender thereof made or whose Children or Grand-children or any of them being at his or her dispose or living in the House with them is or shall be bred up in the Popish Religion or have not repaired to Church within one year next before the making of this Ordinance according to the Laws and Statutes of this Realm or whose Houshold Servants or any two or more of them is or shall be of the Popish Religion hath or shall have in his and their House or Houses or elsewhere or in the hands and possession of any other to his or their use or at his or their disposition other then such necessary Weapons as shall be thought fit by the Persons Authorized to take and Seize the said Munition to remain and be allowed Arms for the defence of the Person or House of such Recusant or Person aforesaid shall forthwith be taken from every such Popish Recusant or Person as aforesaid and from all others which shall have the same to the use of any such Popish Recusant or Person by such Person and Persons as are and shall be by this Ordinance appointed and authorized in that behalf for every Shire County and Riding within this Realm and Dominion of Wales that is to say For the County of Bedford Sir Oliver Luke Sir Beuchamp St. John Sir Roger Burgoigne Knight For the County of Lancaster John Moor Alexander Rigby Esquire Members of the House of Commons and the two Knights that Serve for that County For Cheshire Sir William Brereton Baronet Peter Vennables Esquire For the City of Chester Francis Gamull Esquire the Major for the time being For the County of Stafford Sir Edward Littleton and Sir Richard Levison For the County of Derby Sir John Curson William Allestre Esquire For the County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire For the Town and County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire and the Major for the time being For the County of Lincoln Thomas Hatcher Thomas Grantham and John Broxholm Esquires
For the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
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
will procure a confusion and grudging among them Upon reading the Petition of the Six Persons chosen by the Commonalty of the City of London it is Ordered by the Lords in Parliament Order about Books to be used in the Case between Lord Major and Commons That the Book of Reversions shall be perused by them and afterwards with theBooks of A. D. E. F. G. H. I. K. L. Z. O. Liber Albus Transcript Dunthorn Customs Repertory Hamersly Journal of 6 H. 7. Journal Swinerton Middleton Hayes Journal Garroway shall be brought into the Vpper House of Parliament on Monday next being the 26th of this Instant Month of July by Nine of the Clock in the morning at which time their Lordships have Ordered to hear the said Cause Sir John Hotham Reports Friday July 23. That there will be due to the Scots upon the 12th of August 57400 l. 10000 l. is expected from the voluntary Loan of the Members so that 47000 will be requisite to pay them off Ordered That there shall be a Conference with the Lords to borrow 40000 l. of the City which the Lords agreed to and the Poll-Bill was proposed to the Lord Mayor and Aldermen for Security Earl of Essex made Lord Chamberlain This day His Majesty was pleased to give the white Staff to the Earl of Essex and he was Sworn Lord Chamberlain of His Majesties Household Sir Arthur Ingram carries up the Bill with amendments for the certainty of the Forrests as also a Bill for the Earl of Bedford Saturday July 24. The House of Commons then entered upon the Debate of the Articles from the Committee of Seven against Mr. Percy Mr. Jermyn c. Upon which they came to these Votes Votes upon the Articles from the Committee of 7. Resolved c. That Mr. Henry Percy in the Months of March and April last past in the Parish of St. Martin 's in the County of Middlesex did Compass Plot and Conspire with others to draw the said Army together and to employ them against the Parliament and by fear and dread thereof to compel the said Parliament to agree to certain Propositions by them contrived and to hinder and interrupt the Proceedings of the said Parliament Resolved c. The same against Mr. Henry Jermyn Sir John Suckling and Mr. William Davenant Resolved c. That in pursuance of the said Design the said Henry Percy by the Plot and Combination aforesaid did endeavour to persuade divers Members of the House of Commons of the said Parliament and others being Officers of the said Army that is to say Henry Wilmot William Ashburnham Esq Sir John Berkly Hugh Pollard and Daniel Oneal Esquires that they were disobliged by the Parliament thereby to incense and disaffect them against the Parliament and did hold divers Consultations with the said persons to effect the said wicked and dangerous Designs and for that purpose did set down in writing certain Propositions to the effect following that is to say The preserving of Bishops Votes and Functions the not Disbanding of the Irish Army until the Scots were Disbanded and to endeavour the settling of the King's Revenue to the proportion it was formerly The House fell upon the further Debate of the Articles from the Committee of Seven and it was Resolved Further Votes about Mr. Percy c. c. That the said Henry Percy in pursuance of the said Plot and Combination for the more secret Carriage and further Engagement of the said Conspirators and others the Persons aforenamed did minister unto the said Henry Jermin Hugh Pollard Henry Wilmot William Ashburnham Sir John Berkley and Daniel Oneal a wicked and unlawful Oath whereby they did Swear upon the Holy Evangelists not to reveal any thing spoken concerning that business in consultation directly or indirectly nor to think themselves absolved by any other Oath that should be after taken from the Secresie enjoyned by the said Oath Resolved c. That Mr. Henry Jermyn at the time the said Oath was Administred as aforesaid and at divers other times did propound and endeavour to perswade the Persons aforenamed and other Officers of the said Army to put the said Army into a Warlike Posture and to bring them up to London and likewise to make themselves sure of the Tower and so by force to compel the Parliament to conform to their Will Resolved c. That the said Henry Jermin Sir John Suckling and William Davenant in further Prosecution of the said Design by the Conspiracy aforesaid to disaffect the said Army towards the Parliament and to work a belief in the said Army that the King and Parliament would disagree and so under pretence of adhering to His Majesty to incense the said Army against the Parliament thereby the better to compass their wicked Design and further endeavoured to perswade the Army that all the French about London would assist them and to the great scandal of the King and his Government that the Prince and the Earl of Newcastle were to meet the said Army at Nottingham with a Thousand Horse Resolved c. That the said Sir John Suckling by the Conspiracy aforesaid for the better effecting the said wicked Design under the pretence and colour of some service to the King of Portugal did raise Men both Officers and Common Soldiers and further did contrive that a hundred of those Men should be put into the Tower of London under the Command of Captain Henry Billingsley thereby to possess themselves of the same as was formerly propounded by Mr. Henry Jermin that so they the said Henry Jermin and Sir John Suckling might better effect their said wicked Designs and have better opportunity to Master and Command the City of London that the said City should not be able to make any resistance when the said Army should come up according to the aforementioned Desing And the said Sir John Suckling in further pursuance of the said wicked intentions did by the means aforesaid Plot and Endeavour that Thomas Earl of Strafford then Prisoner in the Tower for High Treason and since Attainted and Executed for the same should make an Escape that by his Power they might the better compass and bring to pass the said wicked Design Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Suckling Sir John Berkley and Daniel Oneal by the inticement practice and insinuation of the said Henry Percy did take the aforesaid unlawful Oath Resolved c. That the said Henry Percy for the advancement of the said wicked Design did propound unto them the aforesaid three Propositions Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal were acquainted with the said Design mentioned in the first Article Resolved c. That the said Henry Wilmot William Ashburnham Hugh Polland Sir John Berkley and Daniel Oneal were together with the said Confederates present at divers Debates and Consultations touching the
which moved them to desire the Horse might be first Disbanded was of very special Importance and still inclineth them to continue the same expectation for those who are yet undisbanded but for the time past they rest satisfied in the answer and proceedings of your Excellency assuring themselves That though there was some difference in the way yet you fully agreed with them in the end which is to ease the Common-wealth and settle the publick Peace with as much expedition as may be for the more speedy effecting whereof there is already 23000 l. on the way and Order given for 27000 l. more to be sent with all speed and a Course taken by the House of Commons to quicken the payments of the Poll Money in the Nine Shires adjoyning to York and both Houses of Parliament have by an express Ordinance commanded the Sheriffs of eight other Counties to bring all their Money immediately to York whereby the House conceiveth and hopeth your Excellency will be supplied with Treasure sufficient to Disband the remainder of the Army at the time prescribed or sooner if it may be and that by your prudent and faithful effecting thereof the heavy burthen of Care and Pains which lies upon you in the discharge of this great Trust will be removed and shall end in the thanks and obligations of this House and of the whole Kingdom producing to your Excellency such an Increase of Honor and happiness as shall be suitable to your own Merit and the desires of Your Excellency's humble Servant Edward Littleton Custos Sigilli To stir up the City to lend more money the Commons fell upon the Debate of the Case of London-Derry and thereupon Mr. Whistler Reports from the Committee appointed to examin that matter the Case of London-Derry upon which it was 1 Resolved upon the Question Votes about London-Derry in Ireland That it is the Opinion of this House that the Citizens of London were sollicited and pressed to the under taking of the Plantation of London-Derry 2 Resolved c. That the Copy attested with Mr. Soams his Hand is a true Copy of the Sentence in the Star-Chamber given against the Mayor and Commonalty of the City of London and the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 3 Resolved c. That the Order made in the Court of Star-Chamber Dated 8. May 8 Car. is unlawful both for the Matter Persons and time therein prefixed 4 Resolved c. That the King was not deceived in the Grant which he made unto the Society of Governors and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland in particular not in creating a new Corporation called the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 5 Resolved c. That in creating the new Corporation of the Society of the Governor c. The King did not by that Patent grant more Lands then was by him intended to be granted nor was therein deceived 6 Resolved c. That it doth not appear by sufficient Proof that the Citizens of London were tyed to perform the Printed Articles and consequently not bound to plant with English and Scots nor restrained from planting with Natives 6 Resolved c. That though by the 27 Article the City was to build 200 Houses in Derry and 100 Houses at Colerain by the first Day of November 1611 admitting the Houses were not Built nor the Castle of Culmore repaired by the time prefixed yet this is no Crime nor cause for giving Damages in regard the City had not their Patent until the 29th of March 1613. 8 Resolved c. That there is no proof that the Governor and Assistants of London of the new Plantations or any of the twelve Companies did make any Lease unto any Popish Recusant nor of any decay of Religion there by default of the Planters 9 Resolved c. That there is no proof of any default in the Planters for not making of a sufficient number of Free-holders nor any Article that doth tye them thereunto 10 Resolved c. That there is no proof that the City of London or their Governor of the new Plantation have felled any Trees in the Woods called Glancanking and Killitrough contrary to their Covenant 11 Resolved c. That the not conveying of Glebe-Lands to the several Incumbents of the several Parish Churches in regard they did not enjoy the Lands is no Crime punishable nor cause of Seizure of their Lands 12 Resolved c. That the breach of Covenant if any such were is no sufficient cause to forfeit Lands 13 Resolved c. That the breach of Covenant is no Crime but Tryable in the ordinary Courts of Justice 14 Resolved c. That the Court of Star-Chamber whil'st it stood as a Court had not any power to examin or determin breach of Covenant or Trust 15 Resolved c. That the Court of Star-Chamber while it stood a Court had no power to examin Free-hold Inheritance 16 Resolved c. That the Sentence upon these two Corporations aggregate no particular Person being Guilty is against Law 17 Resolved c. That in all the proof of this cause there doth not appear matter sufficient to convince the City of London of any Crime 18 Resolved c. That upon the whole matter this Sentence in the Star-Chamber was unlawful and unjust 19 Resolved c. That this composition and agreement made with the City upon these Terms in this time of extremity ought not to bind the City 20 Resolved c. That this House is of Opinion that when the King shall be pleased to repay those Monies which he hath received upon this composition and such Rents as he hath received by colour of this Sentence that then His Majesty shall be restored to the same State he was in and the Patent thereupon gotten shall be cancelled or surrendred 21 Resolved c. That the Citizens of London and all those against whom the Judgment is given in the Scire facias shall be discharged of that Judgment 22 Resolved c. That the Opinion of this House is That they think fit that both the Citizens of London and those of the new Plantation and all under Tennants and all those put out of possession by the Sequestration or Kings Commissioners shall be restored to the same State they were in before the Sentence in the Star-Chamber The Plague which had for some time visited the City of London The Plague in London City Petition for a Fast began now to spread and increase upon which there was a Petition from the Magistrates Ministers and People of the City of London for a Day to be set apart for Solemn Humiliation and Fasting to implore the Divine Majesty to avert the impending Judgment of the Pestilence from the City and Nation This day it was moved Friday August 27.
part Succesless our dangers grown upon us by iterated Plots Priests and other Delinquents unpunished to the Encouragement of others Ireland lost by protracted Councels while thousands are there Butchered by many Cruelties and to cut off all hopes of future Reformation the very being of our Parliaments endangered by desperate and unexampled breach of Priviledges which by our Protestation lately taken we are bound with our Lives and Estates to maintain And in respect of that late attempt upon the Honourable House of Commons we are now come to offer our service to that end and resolved in their just defence to live and die And therefore humbly Pray that this most Honourable House will Cooperate with the House of Commons in most Speedy perfecting the most necessary work of Reformation bringing to condign and Exemplary Punishment both wicked Councellors and evil Plotters and Delinquents that Ireland may have speedy relief the Priviledges of Parliament fortified against all future Attempts and the whole Kingdom put into sure and present Posture of Defence that we may live both Safe from all Practices of the Malignant Party at home and the endeavours of any ill affected States abroad And Your Petitioners shall ever Pray c. The Petitioners were called in again and told That this House takes well their coming hither with their Petition and their Care of the Priviledges of Parliament and the Kingdom of Ireland for which this House gives them thanks and their Lordships will take their Petition into consideration The Lord Keeper acquainted the House that he had received a Command from his Majesty to attend him at Windsor he received the permission of the House to do it and was ordered to acquaint his Majesty with the Order concerning Hull and likewise to move his Majesty from both Houses for his Royal Assent to three Bills which have passed both Houses one for Pressing of Marriners another concerning Redeeming of Captives at Algiers and the third concerning the Power of both Houses to Adjourn the Parliament The Lord Kymbolton moved Lord Kymbolton moves to be Tryed That if the House thought the Proceedings against him Legal that Mr. Attorney might be Commanded to Prosecute the Accusation against him for that if Mr. Attorney be ready to make good the Charge against him he is ready to answer it and that he desired no further time His own Innocency making him thus Confident as he said though it is shrewdly to be suspected he had other Motives and Reasons drawn from the Power and Prevalency of the Faction which gave him this assurance However Mr. Attorney was sent for who informed the House That what he had done was by the Express Command of the King his Master and not done by his Advice that he had attended the King to receive his Majesties further directions therein who told him when he went out of Town he would leave something with the Lord Keeper to acquaint this House further with concerning this Business And that he had attended the Lord Keeper to know whether the King had left any directions with him who told him he had received none from his Majesty but that he was Commanded to attend his Majesty Speedily Hereupon the Lord Kymbolton desired the House That some speedy Course may be taken that his Life Estate and Honour may be Secured A Message was brought from the House of Commons Message concerning the Tower to remove Sir John Byron by Sir Henry Vane Junior to let their Lordships know That in regard of the great Jealousies and Distractions of the City of London by Sir John Byron 's being Lieutenant of the Tower of London as appears by the Citizens shutting up their Shops and giving over Trade and in regard of the good Affections Expressed this day to the Parliament the House of Commons desires their Lordships to joyn with them to Petition the King that Sir John Byron may be forthwith removed from being Lieutenant of the Tower and that Sir John Conyers may be recommended to his Majesty for that Place After much Debate of this Message it was put to the Question Lords Dissent and it was Resolved c. That this House thinks it not fit to joyn with the House of Commons in an humble Petition to his Majesty for removing of Sir John Byron Knt. from being Lieutenant of the Tower and placing of Sir John Conyers there The Bishops were also ordered to put in their Answers to the Commons Impeachment of High Treason Bishops to put in Answer on Friday next The Lord Chamberlain then acquainted the House That the King hath sent Command to his Lordship and the Earl of Holland to attend his Majesty at Hampton-Court but before they went they desired to know the pleasure of this House being bound by their Writs to attend the business of the Kingdom Whereupon the House Commanded the Lord Chamberlain Lords sent for by the King not permitted to go by the House and the Earl of Holland to attend this House and would not dispense with their Absence in regard of the many great and urgent Businesses depending in this House It was the strangest fortune in the World certainly that these Men of the Faction had that when ever they stood in need of a Plot to countenance their designs and to stir up the People to Sedition some kind Person or other was sure to furnish them with one or more as there was occasion for this day in the very Critical Juncture of time a Letter was produced in the House of Commons and there read and immediately Communicated to the House of Lords The Letter were as follows To the Worshipful and my much honour'd Friend Orlando Bridgman Esq a Burgess of the Parliament at his Chamber in the Inner Temple these present SIR WE are your Friends Two Letters of a strange Plot strangely discovereâ— to the Commons these are to advise you to look to your self and to advise others of my Lord of Strafford 's Friends to take heed lest they be included in the common Calamity Our advice is to be gone to pretend business till the great hubbub be past withdraw lest you suffer with the Puritans We intreat you to send away the inclosed Letter to Mr. Anderton inclosed to some Trusty Friend that it may be carried safely without suspicion for it concerns the common safety So desire your Friends in Covent-Garden January 4th The inclosed was directed To the Worshipful and my much Honour'd Friend Mr. Anderton these SIR ALthough many Designs have been defeated yet that of Ireland holds well and now our last Plot works as happily as that of Ireland We must bear with something in the main His Will is strong enough as long as he is fed with Hopes the Woman is true to us and real her Council about her is very good I doubt not but to send you by the next very joyful News For the present our Arch-Enemies Pym Hampden Strode Hollis and Haslerigg are blemished
City and that the Resolution of the said Committee can take no effect until they be communicated to the Common Council the House of Commons desires their Lordships to joyn with them in an Order That the Lord Mayor shall call a Common-Council together as often and at such times as shall be desired by the said Committee and that whatsoever Order the said Lord Mayor hath or shall receive from either of the Houses of Parliament shall be imparted to the said Committee To the first part of this Message the Lords agreed To the second That the Lord Digby have notice to attend this House if he be at Kingston or at Court but if he be gone to Sherborn to fetch up his Lady he is to go on his Journey To the third It was Resolved c. That this House will joyn with the House of Commons concerning the Governor of Portsmouth These Lords following Lords Dissenting from the Vote about Portsmouth before the Question was put Desired their Right of entring their Dissent to this Vote if it were carried against them Which the House gave way unto viz. Earl of Southampton Lord Mowbray Lord Wentworth Lord Pierpoint To the latter part of the Message concerning the Common-Council the House agrees therein with the House of Commons and the next day they were drawn into formal Orders of both Houses The Earl of Southampton speaking some Words in the Debate of this Message which the House conceived to reflect upon the Honor of the House Earl of Southampton questioned for Words which were That the Parliament had neglected their Duty to the King for the safety of his Person Upon which his Lordship was put to explain himself which being done these Resolutions passed Resolved c. Nemine contradicente That this Parliament have performed their Duties to the King for the Safety of his Person Resolved c. That the Earl of Southampton hath satisfied this House with the Explanation he now made of himself A Message was then brought from the House of Commons by Sir Philip Stapleton being two Votes concerning Sir John Byron Lieutenant of the Tower to which they desired the Concurrence of the Lords 1. Votes of the Commons concerning the Lieutenant of the Tower That Sir John Byron the now Lieutenant of the Tower hath committed a high Contempt against the Authority and Priviledges of Parliament in refusing to appear upon the Summons of both Houses of Parliament To which the Lords agreed 2. That Sir John Byron the now Lieutenant of the Tower shall be sent for as a Delinquent The Lords deferred giving any Resolution of this last Vote at this time Search to be made about the Commons House In the Commons House it was this day Ordered That another Lock be set upon the Door under the Stairs at the Door of the Commons House and that Mr. Bell keep the Key and search it every Morning also that it be referred to the Committee appointed to search about the Houses and Places near the Parliament House to take daily care that all Places thereabout be safeguarded and kept Secure Mr. Calcot the Informer of Lunsford's being at Kingston with 500 Horse Theophilus Calcot gave the House Information of many Horse under the Command of Collonel Lunsford were Lodged at Kingston upon Thames to the number of 500 or thereabouts That there came Yesterday two Loads of Ammunition that there was last night Captain Thomas Howard a Member of the Commons House and as they say had a Command of some Men there Which occasioned the Message before mentioned It seems the Information did not agree for afterwards Mr. Hollis reported from the Committee appointed to consider of this Information That there were about 200 Men there that they have Pistols and discharge them and carry themselves in a disorderly Manner to the Terror of the People And in reality all this great Army at Kingston was only the Lord Digby and his ordinary Retinue But every thing was Multiplied and Magnified to the highest degrees and whether true orfalse it did the business Effectually and kept up the Fears and Jealousies of the People and confirmed them in the belief of strange Plots against the City and Parliament Then Mr. Sollicitor St. Johns Mr. Whitlock Sir H. Anderson The Committee to draw the Declaration to be sent into all Parts of the Kingdom to put themselves into a Posture of Defence Sir Gilbert Gerrard Mr. Green Sir John Holland Mr. Whistler Sir H. Mildmay Mr. Rigby Mr. Boduile Mr. Grimston Sir Martin Lumley Sir Edward Hungerford Mr. Cave Sir Edward Patherich Serjeant Wild Sir Thomas Barrington Mr. Ashton Mr. Moore Mr. Strode Sir J. Evelyn Mr. Noble Sir William Massam Mr. Lisle were appointed a Committee to take into consideration the drawing of a Letter or other Declaration to be presented to the Lords and by both Houses to be publish't in Print and sent into all the parts of the Kingdom advising them with all Expedition to be in a readiness and a good posture of Defence upon all occasions to defend their several Counties from Invasion by Papists or other ill affected Persons and to declare the several Designs that this quarter of a year last past hath been against the Parliament and safety of the Kingdom It was also Ordered That 2000 l. of the Pole Money shall be paid by the Lord Mayor of York to Sir John Hotham for the service of Hull It was also Ordered upon the Information of Mr. Thomas Blunt Search for Arms at Mr. Ropers at Eltham in Kent That the said Mr. Blunt and Mr. Gibbon or either of them do forthwith make diligent search in the House of Mr. Anthony Roper in Kent at Eltham or any other suspected place for Arms and Ammunition and if they find any there to Seize the same and to apprehend the Person of him or any other Suspected Persons and to take Examinations touching this matter and to use their best indeavours for the Apprehending of Mr. Cecil Cave Who as Blunt said he had been informed had given out that ere long Bloud would be Sold as cheap as Milk The Serjeant was ordered to repair to the Queens Millener Letters to Mr. Crofts opened and require him forthwith to attend the House with the Paquet of Letters which he this day received by the French Post directed to Mr. Crofts Joseph Lee a Waterman informed the House of some great Saddles going to Kingston by water whereupon Order to Seize Saddles and Horses the Serjeant was commanded to Seize them And an Order was sent to the Justices next Hampton Town to make stay of some Horses that the House is informed are now in the Stable of one Mr. Robinson until this House shall take further order An other Order to Sir John Franklyn and Mr. Search for Arms at Sir James Hamiltons Lodgings Whittacre to search the Lodgings of Sir James Hamilton for Arms and Ammunition and to Seize the same and
House of Commons an Order was issued to the High Sheriff of Suffolk calling to his Assistance Sir William Spring Mr. Order to search the Lady River's House for Arms. Maurice Barrow or either of them to his assistance to search the House of the Lady Rivers and to seize what Arms they shall find there and put them in safe Custody Another Order was issued to the Vice-Chancellor of Oxon Order to search for Arms at Oxon. the Major and Sir Nathaniel Brent Alderman of that City or any two of them to search the Houses of Mr. Green Mr. Napier at the Starr and Mr. Williams and any other suspected Place for Arms and take good Order to remove them and put them in safe Custody and shall likewise seize the Persons of such Recusants as shall resort to either of these Places or any other House or Place within the University or City of Oxon. It was also Ordered That a Messenger be sent Post on purpose to Portsmouth with the Ordinance of both Houses and this House undertakes to see the Messenger paid Then Mr. Bagshaw of Windsor was called in and did inform the House Bagshaw of Windsor an Informer That the last Night as he went to Windsor he saw divers Troops of Horse That there came a Waggon loaden with Ammunition last Night to Windsor That there was another Waggon that went away from Windsor to Farnham That there was a Messenger gone to Portsmouth That he was informed there were about 400 Horse in the Town and about some forty Officers Whereupon Mr. Arthur Goodwin was sent to desire the Lords to sit a while in regard this House doth believe they shall have Occasion to come up to them with some Matters of great Importance And presently after Sir Edward Hungerford went up to the Lords to desire a Conference touching the Peace and Safety of the Kingdom And upon this Information Skippon ordered to send out Scouts by Land and Water which was of the same Stamp with the other about Kingston it was Ordered That Serjeant Major General Skippon do take Care That ten Horsemen be forthwith appointed to go as Scouts from time to time to bring Intelligence if any Forces do approach near the City and this House will undertake that they shall be satisfied and also to take care for the appointing of such Boats or small Vessels as shall be necessary by Water for the Service aforesaid and the House will take care Satisfaction also be given to those so imployed It is impossible to enter into the Head of any Man of Sense that the Faction was under any real Fears from this Information but there is another sort of Fear a Politick Fear which was by these preparations of Scouts by Land and Water to perswade the City that the Parliament had discovered some huge Plot against them which they were so solicitous to prevent for had the Information been true as in probability it was very false since Bagshaw does not affirm it of his own Knowledg but by a second-hand Information which he had met with what occasion of Fear could 400 Men give to the City of London or to the Parliament the House of Commons being able to have given Battle to such a Number if they should have had any Design against them as they indeavoured to make the City and the whole Nation be lieve But the Faction had a very particular Service for these strange Rumors which they so industriously fomented and magnified and that was by the help of these imaginary Dangers to wrest the Sword of the Militia out of His Majesties hands for unless they had the management of it they nor the Kingdom as they made the People believe could not be in any condition of Safety And in order to this Mr. Pierpoint Committee for putting the Kingdom into a posture of defence Sir Richard Cave Mr. Hollis and Mr. Solliciter Sir Philip Stapleton Mr. Glyn Sir H. Vane Mr. Chancellor of the Exchequer were appointed to be a Committee to consider of some Heads and present them to the House to morrow morning for putting the Kingdom into a Posture of Defence Then his Majesties Answer to the desires of the Commons concerning Arms for Ireland was read as followeth HIS Majesty having considered of the Message delivered to him from the House of Commons of the 12th of this present Month His Majesties Answer to the Commons concerning Arms out of the Stores for Ireland whereby it is desired that he should give a general Warrant for delivery of Arms and Ammunition for the Service of Ireland returneth this Answer That as His Majesty hath been very careful to contribute all that possibly he could for furnishing Provisions for the Relief of Ireland so he shall be ready to give Warrants immediately from time to time for any particulars that shall be thought fit by his Parliament to be sent out of his Stores for that Service and for the present hath given Warrant for the delivering 1500 Muskets with all things to them belonging and 500 Pikes and Corslets and 2000 Swords out of his Tower of London and Arms for 500 Horse out of the Magazine of Hull The Earl of Newport this day signified to the House Saturday January 15. That he had received Warrants from the King to Transport the Arms and Ammunition desired for Ulster only he wants Money and Ships to convey them A Conference was had between the Lords and Commons concerning the Lieutenant of the Tower Lord Keeper Reports the Conference concerning the Lieutenant of the Tower which the Lord Keeper thus Reported That the House of Commons conceive the Tower of London to be a Place of that great Importance that they do renew a former Motion that their Lordships would joyn with them humbly to Petition the King that the Lieutenant now in may be removed and such a Person put in as the King Parliament and City may confide in The Parliament confides not in Sir John Byron because he hath been disobedient and hath refused to come upon the Summons of both Houses of Parliament not that they speak this as desiring it may be a cause of Punishment upon him but as a ground of distrust The City says Though the Lieutenant may be a worthy Gentleman otherwise yet he is a Man unknown to them which already causes ill Effects for Merchants begin to take away their Bullion out of the Mint and write Letters to their Factors to send no more And at the present there is a Ship come laden very richly with Bullion but the Owners do forbear to bring it into the Mint because they cannot confide in the Lieutenant of the Tower This concerns the City and Trade exceedingly for it is a Charge to the City to maintain a Guard about the Tower therefore the House of Commons desires their Lordships to join with them in an humble Petition to his Majesty That Sir John Byron now Lieutenant of the Tower may be
removed and that Sir John Conyers may be recommended to his Majesty for that Place But before the House of Lords would give any Resolution herein it was Ordered That the Common-Council of the City of London the Merchants that have Estates in Bullion the Minters and all others concerned shall be inquired of whether there be a stay of the Mint or any forbearance of bringing in of Bullion into the Tower of London and if there be whether it proceeds in respect of Sir John Byron 's being Lieutenant of the Tower and hereof speedy Certificate to be made to the Lords in Parliament A Message was then brought from the House of Commons by Denzil Hollis Esquire 1. He brought up the Bill for the Relief of his Majesties distressed Subjects of Ireland 2. To desire the Lords to join with them in an Ordinance to secure 50000 l. borrowed of the Merchant Adventurers for the Affairs of Ireland 3. To move the King to concur with both Houses in the Order made giving Power to Sir John Hotham for securing the Town of Hull and the Magazine there for his Majesties Service To which the Answer was That their Lordships will take the particulars into Consideration this Afternoon The Ordinance for securing the said Merchant Adventurers was read in these words THe Lords and Commons in this present Parliament Assembled Ordinance of the Lords and Commons for securing the Merchant Adventurers 50000 l. having a due Regard to the good Affections of the Governors Assistants and Fellowship of Merchant Adventurers of England expressed in the present advancing and lending of 30000 l. of Lawful Money and forwardness to advance and lend the foresaid Sum of 20000 l. more of like Money if their Affairs will admit the same for the security of this Common-wealth in the supply of the present Affairs in Ireland which the said Lords and Commons do take in very good part and being resolved to make a full and just satisfaction for the same do hereby declare that the said Sum of 30000 l. and such Sum and Sums as they shall further advance and lend as aforesaid shall be fully satisfied and paid unto the said Company of Merchant Adventurers into the hands of their Treasurer for the time being with Interest after the Rate of 8 l. per cent for a Year out of such Moneys as shall be next raised by Authority of Parliament To which Ordinance the Lords agreed Then the Lord Keeper informed the House The Act for the Captives at Argiers and for pressing Marriners passed by Commission That the Commission was come signed by his Majesty for giving the Royal Assent to two Bills one for pressing of Marriners the other against Pyrates Then the Lord Keeper the Lord Great Chamberlain and the Earl of Cumberland three of the Commissioners being sate upon a Form for a-cross the House between the Chair of State and the Lord Keeper's Wool-sack the Gentleman-Usher of the Black-Rod was commanded to go for the House of Commons who being come with their Speaker the Lord Keeper acquainted the Lords and Commons That his Majesty having such occasions as he could not come to this House to give his Royal Assent to the Two Bills in Person hath given a Commission under the Great Seal of England the Contents whereof was read openly which being done the Clerk of the Crown was commanded to read the Titles of the Bills severally in haec verba viz. An Act for the freeing of the Captives of Argier and to prevent the taking of others An Act for pressing of Marriners and Soldiers for the present Guarding of the Seas and the defence of his Majesties Dominions Which being done the Clerk of the Parliament pronounced the Royal Assent to them particularly and severally in these Words Le Roy le Veult And then the Commons returned to their House After this the Lord Keeper Reported the Conference yesterday to this Effect The L. Keeper's Report of the Conference concerning Bagshaw's Information That the House of Commons received Information concerning divers Forces of Horses and Armed Men in a Warlike manner which have been seen at Kingston and afterwards at Windsor and now gone towards Farnham and that Yesterday about 100 Men were met going from London towards Windsor Armed with Pistols and Waggons were going towards Windsor laden with Ammunition The House of Commons say this causeth much wonder at this time all at Peace and a Parliament sitting that such Forces should be Levied therefore they desire that it may be declared by both Houses That whosoever shall raise Forces at this time without Consent in Parliament may be esteemed Enemies and Disturbers of the Peace of the Kingdom and that both Houses will take care to suppress them and likewise the House of Commons desire That a Message be sent to the King to this purpose and to acquaint his Majesty that both Houses of Parliament will be very careful of the Publick Peace and that they hold it against the Law any Forces should be so levied And further the House of Commons acquaints their Lordships That the Lord Digby hath been with the Soldiers at Kingston and given them thanks in the King's Name and told them That his Majesty came out of London to keep them from being trampled in the dirt therefore they desire that the Lord Digby may be summoned to attend this House forthwith Hereupon it was Ordered Order to Summon the Lord Digby to attend the House of Lords That the Lord George Digby shall be Summoned forthwith to attend this House as a Peer of this Realm and hereof he is not to fail Directed to the Gentleman-Usher attending the House of Peers It will be worth the Readers while to cast his Eye a little back upon the Information of Bagshaw of Windsor upon which Foundation all this Conference was built and as there is little doubt but Bagshaw saw double so the Commons looked through their usual Multiplying Glass and saw his single Waggon of Ammunition turned into Waggons and those few Soldiers which he only by Report heard to be at Windsor were Multiplied into an Army But they had a Design now behind the Curtain of seizing the Militia into their Hands either with or against the King's Consent to which this noise of raising Forces by the Lord Digby was to contribute by heightning and swelling the Peoples Fears and Jealousies throughout the Nation in order to smooth their Way to this great Design upon which these Criminals of the Faction built their own Security though they pretended the Safety of the Nation But that I may give all the light I can possibly into this Affair which filled the City and Nation with Terror and Amazement I will present the Reader with the Lord Digby's Apology which besides the clear account it gives of this Kingston Army will also let in some light into other dark and obscure passages both before and after this time and will set the Arts and Intrigues of the
And truely they had some reason to do so for certainly this was a direct Levying of War being absolutely without the King's knowledge privity or consent and from this Period ought to be Dated the actual Rebellion which manifestly proves the Faction to be the Aggressors A Message was brought up to the Lords by Mr. Nathanael Fiennes 1. To desire that their Lordships would give dispatch to the Scots Propositions 2. To the Bill for a Contribution for Ireland 3. To let their Lordships know Message concerning adjourning to Grocers-Hall c. That the House of Commons do resolve to Adjourn their House till Thursday at Eight of the Clock and had appointed in the mean time a Committee whereunto all that would come should have Voices to sit in London at Crocers-Hall and have given them a large Power 1. Concerning the Safety of the Kingdom 2. Concerning Priviledges of Parliament 3. The Affairs of Ireland 4. Concerning the setling of the present Distempers And the House of Commons desire That if their Lordships think so fit that they would appoint a like Committee and that their Lordships would give them power to meet and confer with the Committee of the House of Commons 4. The House of Commons desires That the Committees for Ireland might meet there if their Lordships think it fit 5. That the Committee that their Lordships have appointed to take Examinations upon Oath as also the Committees appointed to draw a Petition to his Majesty concerning the Breach of Priviledges might likewise sit there Order of the Lords for adjournment to Grocers-Hall if their Lordships think fit To all which their Lordships consented as appears by this their Ensuing Order Ordered That the Committee for the Irish Affairs shall meet at Grocers-Hall on Tuesday the 18th of this Instant January at Nine of the Clock in the Morning and that they shall have Power to Treat and Debate concerning the Safety of this Kingdom the Priviledges of Parliament the Affairs of Ireland and the setling of the present Distempers and to take into Consideration his Majesties Message sent to both Houses And likewise that the Committee to take Examinations upon Oath may be there as also the Committee appointed to draw a Petition to his Majesty concerning breach of Priviledges and to consider of all means for vindicating the same And it is further Ordered That all the Lords may be present at the said Committees and have Votes and every of them shall have Power to Debate among themselves and with the Committee of the House of Commons and to call all Persons whom they shall think fit before them and likewise to Adjourn from time to time and from place to place as they shall see Cause and the Votes and Results of the Committee to Report unto this House This Adjournment was to keep up the belief that they did not sit in safety at Westminster and to countenance the attempt upon the Militia at which they were now driving might and main Still Sir John Byron the Lieutenant of the Tower was a great Beam in their Eye and therefore to get possession of the Tower they had perswaded several Merchants and others to Petition against him and that it was framed by the Artifice of the Faction the wording of it and the Answers of the Petitioners make apparent for they speak the same Language the Commons had taught them at the last Conference for this purpose with the Lords For a Message was brought up from the House of Commons by Sir Henry Vane Junior to this Effect That the House of Commons having by divers Conferences expressed unto their Lordships the just causes of Fears and Jealousies that are in the City by reason of Sir John Byron 's being Lieutenant of the Tower of London which caused the House of Commons formerly to desire their Lordships to joyn with them to Petition the King that he might be removed from that Place which their Lordships thought not fit to joyn in then Now the House of Commons present to their Lordships a Petition delivered to them from divers Merchants and Goldsmiths of London that have great store of Bullion in the Tower and have divers Ships laden with Bullion lately come into the River and by reason of the Fears and Jealousies they have of the now Lieutenant of the Tower they forbear to bring in their Bullion as may appear by the Petition which was read in haec verba To the Honourable Assembly of the House of Commons in Parliament The Humble Petition of the Merchants and Goldsmiths Traders to His Majesties Mint with Foreign Bullion and Coin Sheweth THat many Jealousies and Fears have risen in your Petitioners Merchants and Goldsmiths Petition against the Lieutenant of the Tower Jan. 17. 1641. by reason of the sudden Removal of that worthy Gentleman Sir William Balfour Lieutenant of the Tower and that the same is now Commanded by one of whom we have not that satisfaction as formerly we have had Your Petitioners therefore in all humility tender this considerable Request to this Honourable Assembly That there may be such a Lieutenant there-placed it being a Place of so great Trust and Considence as shall be thought fitting by this Honourable Assembly which undoubtedly will not only cease our Fears and Jealousies in these distractive times but will occasion us to continue all possible incouragement to our Correspondents beyond the Seas that the Importation of Bullion and Coin of which great quantity is newly arrived in Spain may have its free Course as in former times to the wellfare of Trade in general And Your Petitioners shall pray c. Henry Futter David Otgher Nic. Corsellis Abra. Fortry Diericke Ooste with several others The House of Commons upon this do desire that their Lordships would joyn with them humbly to Petition the King That Sir John Byron Knight now Lieutenant of the Tower of London may be removed and Sir John Conyers recommended to his Majesty from both Houses for that place Whereupon the Merchants and Goldsmiths that Exhibited the aforesaid Petition to the House of Commons presented another verbatim the same to the Lords which being read the House fell into Debate of it and they were called in and asked these Questions by the direction of the House 1. What number of Merchants and Goldsmiths besides themselves brings in Bullion to the Mint To which they Answered Sir Peter Riccaut and a few more but no great number 2. What reasons they have for their Fears and Jealousies of Sir John Byron Lieutenant of the Tower and why they forbear to bring in Bullion to the Mint They had Conn'd their Lesson perfectly and therefore said That they heard that he hath disobeyed the Orders of both Houses of Parliament when he was sent for to come and attend them Also that he is a Gentleman unknown to them and they desire to have such a Lieutenant put in as the Parliament approves of But the Lords it seems easily saw
distinct Body of an Army and thereupon declared the Lord Gormanston General of the Forces to be raised in the Pale Hugh Birne Lieutenant General and the Earl of Fingal General of the Horse And to straiten the City of Dublin by keeping Provisions from coming thither Luke Neterville sent two strong Parties the one to possess Finglass within two Miles of the City and the other to Santry where they lay till those at Finglass were dislodged from thence by Col. Crafford lately arrived out of England with a Recommendation from the Prince Elector Palatine under whom he had served in the Wars of Germany The dislodging of the Rebels from Finglass happened by a pretty odd Adventure for Crafford having raised a Regiment of the stripped and despoiled English who came to Dublin for Sanctuary he daily Exercised them and being a Person of a good competency of Confidence and forwardness he requested the Earl now His Grace the Duke of Ormond to take a view of them and see how well in so short a time he had improved and disciplined his Men the next Morning His Grace with about 20 Horse of his Servants and some Persons of Quality went into the Field to see them Train but when he came there he found no Men upon the place but presently after hearing some shooting and conceiving they might be marched to some more convenient place he advanced to the place where by the shooting he judged they were when he came near he saw there was a Man brought off wounded whereupon he perceived it was no matter of Jest for it seems Crafford who had resolved to signalize himself had made an attempt upon the Rebels at Finglass but his Men who had scarcely recovered the fright they had escaped were not so well in either Courage or Discipline but that they had shewed the Rebels their Backs if His Grace by the opportune appearance of this small body of Horse had not reinforced them and the Rebels having no Horse and not knowing what strength or numbers were coming upon them immediately retired and drew off from the place The other Party at Santry hearing of the approach of Sir Charles Coot consulted with their heels for the security of the rest of their Bodies and quitted the place with so much fear and haste that they left behind them the best part of their Equipage and Provisions And to add to these misfortunes under which the Government and the English Protestants were so miserably oppressed the Provinces of Munster and Connaght now followed the Example of Vlster and Lemster and broak out into actual Rebellion so that now there was not one Corner of Ireland but what was infected with this dismal Contagion the whole Body was sick and the Heart faint and languishing The landing of Sir Simon Harcourt Sir Simon Harcourt with a Regiment arrives at Dublin Decemb. 31. a brave Experienced Captain with his Regiment who arrived at Dublin the last of December raised some hopes that Assistance and Relief would come from England but those very hopes were strangely over-ballanced by the Fears lest they should come too late And these delays had like to have proved Fatal for many of the Soldiers who came out of England seeing the weak and low condition of the City and the great Strength and Numbers of the Rebels began not only to shrink from the Service which appeared so desperate but mutinuously to perswade their fellows to return for England which occasioned the Publishing of this Proclamation By the Lords Justices and Council William Parsons John Borlase WE do hereby in His Majesties Name A Proclamation forbidding Soldiers to return to England Charge and Command all His Majesties Soldiers of this Army that upon pain of Death none of them presume to depart hence for England without express License in that behalf from the Lieutenant General of the Army And we Command all Owners and Masters of Ships Barques and other Vessels that upon pain of Death none of them do permit or suffer any of the said Soldiers to go aboard them or to be carried from hence into England And we require the Searcher and all other Officers and Waiters of the Customs that they and every of them do take special Care to prevent the Shipping or Exporting of any of the said Soldiers as aforesaid whereof they may not fail Given at His Majesties Castle of Dublin the 18th of Jan. 1641. Ormond Ossory R. Dillon Ad. Loftus J. Temple Charles Coote Fra. Willoughby Rob. Meredith The Board had not been at all wanting to represent the sad Condition of their Affairs to the Lord Lieutenant and the Two Houses of Parliament in England and the Reader may have observed that upon all occasions His Majesty had indeavoured to the uttermost of the Power he had left to forward the Relief and Assistance of Ireland But the Scots stood upon high Terms being rather managed with the desire of the English Money the sweetness of which they had tasted then with compassionate Zeal and Brotherly Kindness though they affected that word mightily to afford Sudden and Seasonable Relief to Ireland which they might with the greatest ease imaginable have done from Scotland that Country lying so near as to be within a few hours Sail from thence And for the Two Houses of Parliament in England they were so wholly taken up with their own Affairs and Designs against the King which now began to ripen apace towards an open Rebellion that they had no leisure to attend the present Relief of Ireland to any purpose insomuch that the Arms and Ammunition taken out of the King's Stores for that Service could not get a conveyance to the Ports whither they were Ordered for Transportation for want of Money as was often represented to the Two Houses by the Lord Newport Master of the Ordnance as before hath been made appear from the Journals and the Men who were raised and got as far as Chester lay there also Money-bound as is evident from this following Letter written from Col. Monk afterwards the memorable Duke of Albemarle to the Lord Lieutenant My Lord I Have received one Letter from your Lordship A Letter from Col. Monk to the Lord Lieutenant of Ireland and one from your Secretary and all your Lordships Commands have been observed here are Twelve Companies of your Lordships Regiment come to Chester there is only wanting your Lordships own Company and 40 Men of Captain Cope 's Company the which 40 Men he is bringing up himself and your Lordships Regiment is 1200 marching Men in Rank and File at this present We shall want nothing for our present Imbarquing but Money and your Lordships own Company for our Men are all Armed and Shipping ready to carry them over the want of Money with us has been very great by reason we have been forced to pay our Companies our selves ever since our Arrival here We could not prevail with the Townsmen of Chester for the furnishing of us with any